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BATCH - Supplemental - 0800 Dorset Street
Mr. Jim Lamphere Wiemann-Lamphere Architects October 11, 1977 Page 2 Although I believe traffic impact is covered under your preliminary approval, it is possible that one of the commissioners may bring it up again. I have a study prepared for the Twin Oaks project which is available if you wish. Briefly, the only real potential we can see for traffic congestion is during the evening peak hour at the 1-189 approach to the Dorset -Kennedy intersection - it appears that this could be resolved by a simple widening of the approach to provide separate lanes for left, right, and through movements. Please give me a call if you have any questions. Yours truly, Stephen Page Planning Assistant SP/mcg M E M O R A N D U M To: Planning Commission From: City Manager William J. Szymanski Re: Brand Farm Condominiums' Sewage Flow Consultan-�s Report Date: October 21, 1977 -" The Consultant's report on my estimate of anticipated sewage contribution for pending projects states that they are "excessively conservative and higher than accepted standards." Until such time as our sewage treatment plant is operating at its design capacity my estimate has to be conservative to be sure we do not exceed the plant capacity and violate the city's pollution permit. The Consultant's estimate, I feel, does not make adequate allowance for outside infiltration which adds substantually to the flow. Almost the entire city has a high ground water table. This adds to infiltration through pipe joints and manholes and from houses that illegally connect sump pumps to the sanitary sewer system. We have been experiencing this recently when we have had days were our plant flow had exceeded 1,000,000 gallons per day. The use of water saving devices may be a way of reducing sewage contribution, but there is no assurance that these devices will be maintained or any method of inspection to assure that they are maintained. In short, I will not adjust my estimates based on the Consultant's review. Respectfully submitted, William'J. Szymanski City Manager DONALD L. IIAMLIN CONSULTING ENGINEERS, INC. ENGINEERS AND LAND SURVEYORS ESSEX JUNCI`ION, VERMONT 05452 COLCHESTER ROAD P.O. BOX 401 August 11, 1977 Mr. William Flanders Flanders Lumber Co. 34 Park Street Essex Junction, Vermont 05452 Re: Brand Project / South Burlington City Treatment Plant Capacity Study Dear Mr. Flanders: Per your request this office has reviewed the data utlized by the City of South Burlington in its evaluation and distribution of sewage capacity for various projects in the district served by the Airport Treatment Plant. Our approach to this study was to assemble existing data on various projects concerning their size and use classification. Through discussions with the City Manager, Mr. William Szymanski and the City Planner, Mr. Stephen Page, general project background and basic sewage flow criteria was defined. From this data, tabulations were made to verify the City's computations on the dis- tribution of reserve capacity. (See Table No. 1 Attached) 1. South Burlinggton Sewage Flow Allocation. The City of South Burlington utilized the following basic flow data to determine the reserve capacity of the existing wastewater treatment facility. Single Family Dwelling - 3.5 persons x 100 gpcdZ = 350 gpd 1/dwelling Apartment/Condominiurn -• 2.5 persons x 100 gpcd = 250 gpd/unit Housing for Elderly - 2 persons x 100 gpcd = 200 gpd/unit Motel - 2 persons x 100 gpcd = 200 gpd/unit Restaurant = 15 gpd/seat Tel. 878-3956 878-5123 As shown in Table No. 1, utlizing the same data used by the City of South Burlington, present and projected flows should equal 1,166,200 gpd thus leaving a reserve capacity of 33,795 gpd (Airport Plant Capacity = 1,200,000 gpd). gpcd = gallons per capita day `gpd = gallons per day WATER SUPPLY AND DISTRIBUTION SUBDIVISIONS LABORATORY iANALY 618 WASTE WATER COLLECTION AND TREATMENT SKI LIFTS (WATER AND WASTE WATER) STREETS AND HIGHWAYS RECREATION AND INDUSTRIAL PLANNING LAND SURVEYING AIRPORTS SOIL BORINGS SOLID WASTE MANAGEMENT Engineering --"The link between what we have and a bat 'we need" Page 2 Brand Project / South Burlington City Treatment Plant Capacity Study August 11, 1977 It should be pointed out that two recent projects, ICV Commercial building and the Swiss Chalet Motel and Restaurant do not appear in the City's tabula- tion. These two projects would have a sewage flow of 16,900 gpd thus reducing the reserve capacity to 16,895 gpd. The above noted tabulation does not support the City's position that no reserve sewage capacity exists in the Airport Plant. 2. Evaluation of City Base Data and Recommendations. Based upon our evaluation of the base data used by the City of South Burl- ington in its allocation of reserve capacity, we believe the criteria is ex- cessively conservative and higher than accepted standards. A. Residential Housina. The City of South Burlington has used base flow data for Residential use of 100 gpcd times the expected occupancy for the type of use. Single family dwellings would be 100 gpd for 3.5 persons or 350 gpd/dwelling unit. Apart- ments, condominiums, etc. would be 100 gpcd for 2.5 persons or 250 gpd/dwelling units. Other accepted design critera indicates flows lower than these indicated above. Vermont Department of Health uses 75 gpcd and 4 persons per unit or 300 gpcd for single family dwelling. The City of South Burlington indicates water consumption average 85 gpcd which includes commercial and industrial uses. The Vermont Division of Environmental Engineering indicates 75 gpcd for residential units in its design guide for "Wastewater Treatment for Public Buildings, Mul- tiple Dwellings and Recreational Areas" (See Exhibit A). The U.S. Environmental Protection Agency (EPA) published design criteria for sizing wastewater treat- ment facility capacity in the Federal Register of February 4, 1977 (See Exhibit B). This criteria indicated flows of 90 gpcd for SMSA (Standard Metropolitan Statistical Area) above 10,000 population as acceptable. This flow rate, however, includes commercial/industrial flows and allowances for infiltration and inflow. A random survey of residential homes was conducted by our office in various areas of South Burlington, including various price ranges and housing occupancy of 2 to 6 persons. Based on annual consumption of water, per capita flows averaged 73 gpcd with minimum flows of 43 gpcd and maximum flows of 93 gpcd. This data was based on water meter reading and therefore are slightly higher than actual sewage production. (See Exhibit C) It is this office's opinion that the following base data be used in estimating residential sewage flows: DONALD L. IIANILIN Page 3 Brand Project / South Burlington City Treatment Plant Capacity August 11, 1977 Single Family Dwelling - 4 persons/dwelling @ 75 gpcd = 300 gpd/unit Apartments, Condominiums, Etc. - 3 persons/dwelling @ 75 gpcd = 225 gpd/unit Two developments in South Burlington, ICV Apartments and 435 Dorset Street have, through its Act 250 Land Use Permit, agreed to use water saving devices through their projects with a water savings estimated at 30 - 35'. This factor is not reflected in sewage flows estimated by the City of South Burlington. It is our opinion that 30-35% saving is too liberal and a saving of 20% will be utilized in our computations, or 180 gpd/apartment unit. B. Housing for the Elderly. The City of South Burlington has used base flow data for Elderly Housing of 100 gpcd times 2 persons per unit or 200 gpd/unit. Surveys conducted by this office indicate this rate to be excessive, (See Exhibit C). The City of Burlington Housing Authority manages two elderly housing units. The St. Paul Street Housing for the Elderly consists of 162 units comprising 100 efficiency units, 61 one -bedroom and 1 two -bedroom units. The three previous years water consumption records indicate an average of 80 gpd/ unit water usage. The Champlain Street Housing for the Elderly consists of 51 units comprising 46 efficiency units and 5 one -bedroom units. The three previous years water consumption records indicate an average of 80 gpd/unit water usage. The City of Winooski Housing Authority manages a Housing for the Elderly project on East Spring Street consisting of 53 units comprising 37 efficiency units and 16 one -bedroom units. The latest annual water consumption records indicate an average of 74 gpd/unit water usage. Based on the above data a con- servative figure of 100 gpd/unit will be used in our computations. C. Motels and Restaurants. The City of South Burlington has used base flow data of 200 gpd/unit for motels and 15 gpd/seat for restaurants. Accepted design criteria and surveys conducted by this office (See Ex- hibit C) indicate that the flow rate for motels is too liberal and should be reduced and the flow rate for restaurants is too conservative and should be in- creased. The Vermont Division of Environmental Engineering Sewage Flow Guide (See Exhibit A) suggests flows of 50 gpd/person or 50 gpd/bed space. Surveys conducted by this office of three motel complexes, not including restaurant facilities, indicate water consumption ranging from 40 to 54 gpd/unit (See Ex- hibit C). DONALD L. HAMLIN Page 4 Brand Project / South Burlington City Treatment Plant Capacity August 11, 1977 For the purpose of this report, motel sewage flows will be based on 100 gpd/unit and restaurants will be based on 40 gpd/seat. D. _ Corrmerci al , Office and Retail. The City of South Burlington has used base flow data of 0.03 gal/s.f. for retail space and did not appear to include any flow for office type com- mercial use. The rate of 0.03 gal/s.f. is based on water consumption records of existing retail space at the University Mall. It would appear that retail space in the additional 176,000 s.f. mall would consist of small stores and varied use which could result in higher sewage flow rates, therefore, for the purpose of this report we recommend a rate of 0.05 gpd/s.f.. Although no sewage flow rate has been utilized by the City of South Burlington for commercial office space and no accurate flow records are avail- able, a rate of 0.10 gpd/s.f. will be used in our computations. 3_ _Revised Sewage Flow Allocations. Based on the revised sewage flow data derived in Section 2, we have tab- ulated expected sewage flows for various proposed and approved projects in the Airport Plant District (See Table No. 1). As noted in this tabulation, including flows for the ICV Commercial Build- ing and the Swiss Chalet Motel Complex, the expected sewage flow is approximately 1,113,020 gpd. This would leave a reserve capacity of 86,980 gpd. The Brand project consists of 160 units of condominiums. Based on the recommended flow rate of 225 gpd/unit, the projjct would generate 36,000 gpd. If water saving devices were utilized, this flow could be reduced to approx- imately 28,800 gpd, well within the limit of reserve capacity. Therefore, it appears that adequate capacity exists in the Airport Treat- ment Plant to accomodate sewage flow for all approved projects and the proposed Brand Project. After review of this study, we would make ourselves available at your con- venience to answer any questions. Very truly yours, Robert C. Nowak RCN:mrp cc: James Lamphere, Wiemann-Lamphere Architects DONALD L. HAMLIN Vermont nivision of Environmental Engine—ing Guide "Was )ater Treatment for Public Bui. }cgs, Multiple Dwellings, Recreational Areas" TYPE OF ESTABLISHMENT APPENDIX A - FLOW QUANTITIES GALLONS PER PERSON PER DAY (unless otherwise noted) Airports (per passenger) ........................................ 5 Bathhouses and swimming pools ................................... 10 Camps: Campground with central comfort stations ................ 35 With flush toilets, no showers .......................... 25 Construction camps (semi -permanent)....... SO Day camps (no meals served) ............................. 15 Resort camps (night and day) with limited plumbing...... 50 Luxury camps ............................................ 100 Cottages........................................................ 50 Country clubs (per resident member) ............................. 100 Country clubs (per non-resident member) ......................... 25 Dwellings: Apartments .......................................... 75 Boarding houses ..................................... 50 Addition for non-resident boarders .................. 10 Luxury residence and estates .................................... 150 Multiple dwellings (condominiums, townhouses, clustered housing)......... 75 Roominghouses .................................................. 40 Single family dwellings ......................................... 75 Factories (gallons per person, per shift, exclusive of industrial wast.e).......... 35 Insitutions other than hospitals (per bed space) ................ 125 *Hotels with private baths ....................................... 50 Laundries, self-service (gallons per machine) ................... 500 Mobile Home Parks (per space) ................................... 250 *Motels with bath, toilet (per bed space) ........................ 50 Picnic parks (toilet wastes only - per picnicker) ............... 5 Picnic parks with bathhouses, showers and flush toilets......... 10 Restaurants (toilet and kitchen, wastes per seat) ................ 40 Restaurants (24 hour operati.on)................................. 55 Restaurants- additional for bars and cocktail. lounges........... 3 Schools: Boarding .............................................. 100 Day, without gyms, cafeterias or showers .............. 15 Day with gyms, cafeterias and showers ................. 25 Day, with cafeterias, but without gyms or showers..... 20 Service stations (first set of gas pumps) ....................... 500 (each set thereafter) ....................... 300 Theaters: Movie (per auditorium seat) ........................... 5 Drive-in (per car space) ............................. 5 Travel trailer parks without individual water & sewer hook-ups (per space) ................................. 50 Travel trailer parks with individual water & sewer hook-ups (per space) ................................. 100 Workers: Construction (at semi -private camps) .................. 50 Day at schools & Offices (per shift) .................. 15 *Does not include laundry or restaurant waste Exhibit A PROPOSED RULES ()S I;. bide Mall, 401 M Street S.W., Warhing ton, D.C. and may be 1nzptctrd workday between 8 a.m. and 4:30 p.m. at the \•,r location. Dated: January 28, 1977. JOHN Q11ARLYS, Acting Admintalrator. Appendix A to Part 35 Is amended as follows: 1. Section a. is amended by substitut- ing the following for the present state- ment of purpose. a. Purpose. Tbese guidelines represent Agency policies and alternative procedures for determining the most cost-effective waste treatment management system or the most cost-effective component part of any waste treatment nuinagement system. 2. Section f. (7) LS amended by deleting the provisions concerning "Structures" and substituting the following: f. Cost-effective analysis procedures- (7) Service life. • • Wastewater Conveyance Structures ______ __ _ _ 50 years (includes collection systems, outlall pipes, Interceptors, force malns, tun- nels, etc.) Other Structures ------------ 30-50 years (Includes plant buildings, concrete process tankage, basins, lift station structures, etc.) 3. Section d. is amended by adding a provision defining "Disaggregation" as follows: d. Dr/inifions (6) Disaygregation- The result of breaking �-' dow7i a num total of population or ecolloinlc activlt.y for a State or other jurisdiction (i.e., an SMSA) into portions, each representing a smaller area or jurisdiction, of the sum total. 4. 'The fallowing sections are added: g. Cost -Effective Staging and Sizing of Treatment Works—(]) Population projec- tions. The population and economic activ- ity. forecasts presented In individual facility + plans shall be based upon a disaggregatlon of State projections of economic activity and population. These State projections shall be those developed in 1977 by the Bureau of Eco- nomic Analysis (BEA), Department of Com- merce unless the use of alternative projec- t.iom; prepared by the State has been ap- proved by Lhc Regional AdminLstrator. Unless fullyju%Wicd, any substantial deviations from the BEA projections shall not be ap- proved. 1:4%ch Slate, tvnrklnl; with designated 208 pinuuing nocucies and other regional plan- ning agencies in non -designated areas of the State. Is to disaggregate the State projection among Its Standard Metropolitan Statistical Areas (SAISA's)—or other appropriate urban units —and Its remaining counties. Individual 208 areawide or other regional projections in non -designated areas should be reviewed and, with any necessary adjustments, used for the disaggregation. The sum of the county and SMSA projections so obtained shall not exceed the State projection. The dis- aggregations are to be developed as an Interim output of the Statewide Water Quality Management planning process and submitted to the Regional Administrator for approval no later than September 30, 1977. The submission shall include a list of all SALSA's and all counties outside Sl`1F1A's g nhowinr the projected population total for t that SMSA or county fur 1976, IMM, 10U0 urtd 2000. The d1Wgre-gatlons of the BLato popu- lation totals will be reviewed by the Regional Adrnlnlstratar for approval prior to Decem- ber 31,. 1977. Upon appiovul of t210 State projovLlolu totals and dJAaCgrrystJons they &hall be usod thereafter fur arrawide water quality Innuagement plaunllyg as well as for facillty planning and the "Needs" surveys. Within areawlde 208 planning areas, the dosignated agencies, hi consultation with the Staten, shall dlsaggregat.o the SMSA projections tunoug the facility planning arena within the SMSA_ For those SMEA's not Included wlthln doalgnated 208 planning areas, each State, with assistance from appropriate regional planning agencies, shall disaggregate the SN SA projectiou among the facility planning areas and to the remrilning area within the SMSA. Facility plans for SMSA's, for which Step 1 grants are awarded after March 31, 1978, shall follow estimated populations de- termined by the, above dLsaggTegations. The State shall check the facility planning area forecasts to assure their reasonableness and consistency with the SMSA projections. For non-SMSA facility planning areas, each grantee is to forecast future population growth simply by a linear extrapolation of the recent past (1960 to 1975) population trends for the planning area or by making use of correlations of planning area growth with population growth for the County or other larger parent area population. A population forecast may be lowered below that Indicated by past trends where a declining rate of economic growrth Is being experienced. A population forecast may be raised above that. indloated by the extension of past trends where likely Impacts of new energy develop- ments or large new industries would justify such departures and such justlficsdon is documented Ln the facility plan. In siicb case), population forecasts should be based on osLlmatea of new employment to be gen- erated- The State shall check individual population forecavtrs to assure rmoiorawe consistency with overall projection-9 for non- SMSA counts" and sufiiclent ju-stlflcatlon for any departures from past trends. (2) Wastewater Flow Estimates. In deter- mining total average annual flows for the de- sign of treatment works, the flows to be con- sidered include the average annual dry wea- ther flows expected from residetlal sources, non-residential sources, commercial sources, institutional sources, and industries to be served by the works plus allowances for fu- ttrre Industries and non -excessive infiltra- tion/laflow. The amount of non -excessive in- filtration/Inflow is W be determined in ac- cordance with the Agency Guidance for Sewer System Evaluation and the Agency Technical Report- entitled "114ndbook for Sewer System Evaluation and Rehabilita- t i on". The determination of Annual Average Dry Weather Flows (AADWF) from combined residential, commercial and Institutional sources shall be based upon one of the fol- lowing methods: (a) First Method. Existing AADVVF would be estimated based upon a fully documented analysis of water use records adjusted for consumption and losses or on records of wastewater flows for extc.)ded dry periods less estimated dry -weather Infiltration Fu- ture flows for the treatment works design should be estimated by determining the ex- isting per -capita flows based upon existing sewered resident population and multiplying this figureby the future projected popula- tion to be served. In the event the total sea- sonal population far exceeds the resident population (e.g., resort communities), to- Lure flows could be rwtlmate-d by substltt)tlnl the total of the exbrthkr. and projected sre- aonal aewered populations In the sbovr cnl- culation. T?its method Is particularly applicable trs facility planning areas which Include innti- tutions or oununertial owl+tbliahonentn berviug a )arga nunrealdent populnt.lon or to are u . with large soasonal populntlwt vurlaLlmot (b) Second Method. The Stato Inny deveiol, por-cnpltn waste -venter flow allcrwancr, Ito various community amen and other rrlLerin as an option t) the first method. Three per - capita waeLewater Dow Mlowauces should take Into account the characterlstics of the State and geographic areas within the Slate Should a State choose this option, the State shall submit Its recontmendatlons and sup- porting data to the Regional Administrator. Upon approval oI the Regional Administra- tor, the grantee eball use either the first method or the per -capita flow allowance pre- pared by th-e State under the second method In preparing facilities plans In that State. ,Jc)-Ttrtrti-Method., Extat/ng.-nad Suture, AknW`F"R'ould"'be esiIfnatACS t5p tms4tlplpitig the appropriate gallon per -capita -per -day :a (gpcd) allowance aaarrding to the following ' table by the estimated total of the existing 4 and future resident populations to be served. The tabulated allowances, based upon several studies of municipal water use, include esti- rites for cornmerclal and Institutional sources as well as residential sources. GPCD Non-SMSA Cities and Towns with 70 {} projected total 10-year popula- Lions of 5,000 or less. i Non-SMSA Cities and Tbv:rrs with 80 projected total 10-year popula- ? dons of 5.000 to 10.000. :SMSA Planning Areas and other p0 r non SMSA Cities Anow•nnces .:.far future�4nrrense9--tcf�gsrr- ,.. capita tlowm ove: time will not be approved unless: a complete justlficntictt for such In- crea_wes Is provided and conservation factors tending to decroeae per -capita flows have been fully analyze-d In the facillty plan. Such conservation facts= Include water couserva- tlon habits induced by future higher water prices, future metering In unmetered areas, trends toward dk,continuance of volume dis- count pricing and more water-ef dent. plumbing fixtures and appliances in new househc,lds. The total treatment works design flow ca- pacity may include allowances for industrial flows. Such allowances stay include capacity needed for Industrial flows presently served by the existing treatment works. However. such flows shall be carefully reviewed and means of reducing them shall be considered. Capacity needs for existing flows from sig- nificant. Industrial users and for future flows from all industries Intending to Increase their flows or relocate in the area must be documented by letters of commitment W the grantee. These letters are not to be confused with the letters of Intent required for signifi- cant Industrial dischargers in accordance with 40 CFR 35.925-12 (industrial cost re- covery and user charges). Industries submit- ting letters of commitment tmust request a capacity reservation, and Indicate a willing- ness to pay operation and maintenance charges and Industrial Cost Recovery for such capacity. There are many uncertainties In fore- casting future industrial flows, but there is a need to allow for some unforeseeable future industrial growth. Thus, the design capactty and flow of the treatment works may in- clude. In aaditlon to the existing Industrial flows and future Industrial flows which are documented by letters of commitment, a FEDERAL REGISTER, VOL. 42, NO. 24-47RIDAY, FEBRUARY 4. 1977 Exhibit B SEWAGE FLOW BASE DATA Residential: Vermont Health Department - Per Capita Water Consumption - 75 gpcd South Burlington Water Consumption - 85 gpcd* Environmental Protection Agency Design Flow - 90 gpcd** South Burlington Residential Water Consumption Surve Location 97 Logwood Street 1.02 Logwood Street 98 Logwood Street 29 Richard Terrace 30 Tanglewood Drive 5 Scotsdale Road 83 Laurel Hill Drive 48 Laurel Hill Drive 250 Spear Street 95 Logwood Street Persons gallons/year gpd/dwea_lig 5 97,240 266 5 100,232 274 5 79,288 217 4 124,168 340 4 117,436 322 6 97,240 266 2 56,100 153 4 131,648 360 3 66,572 1.82 2_ 68,068 186 35 Average 256 Total Daily Water Consumption Persons 53 55 43 85 81 44 77 90 61 93 2566 35 - 73 gpcd Motel: Ho Hum (Williston Road) 368,764 gals/year - 26 units - 39 gpd/unit Anchorage 1,718,904 gals/year - 91 units - 52 gpd/unit Ethan Allen 537,812 gals/year - 28 units - 53 gpd/unit Elderly Housing: Burlington - St Paul Street - 162 units (100 eff., 61 1-bed, 1 2-bed) 1975 - 4,420,680 gals/year - 75 gpd/unit 1976 - 4,811,136 gals/year - 81 gpd/unit 3/4 1977 - 3,685,400 gals/year - 83 gpd/uni.t Champlain Street - 51 units (46 eff., 5 1-bed) 1975 - 1,571,548 gals/year - 84 gpd/unit 1976 - 1,477,300 gals/year - 79 gpd/unit 3/4 1977 - 1,057,672 gals/year - 77 gpd/uni.t Winooski - Spring Street - 53 units (37 eff., 16 1-bed) 1976 - 1,438,760 gals/year - 74 gpd/unit VERMONT ENVIRONMENTAL ENGINEERING GUIDE FOR SEWAGE FLOW: Single Family Dwelling - 75 gpcd Apartment, Condominium, Town House - 75 gpcd Motel - 50 gpcd Restaurant - 40 gpcd/seat * From W. Szymanski - Average Daily - Includes Commercial & Industrial ** Includes Flow for Commercial & Industrial Exhibit C June 20, 1978 Mr. Peter Meyer, District EnVirionmental Coordinator 111 TVest street Essex Junction, Veer-_zonlf_- 05452 Re: Era�d Farm Condominiums Dear Peter: This is to confirm our phone conversation of yesterday and supplements my December 5. 1977 letter to Curt Carter regarding the conformity of this proposal to Scutb 'Burlington's Compre- hensive Plan. As with -previous large residential projects, we requ-:---st that your permit conditions include a stipulation regarding phasing, to reinforce the phasing required at the local level: Phase I - 1978, Phase 11 - 1979, Phase III - 1980, Phase IV - 1981. To date, Phases I & II have received final subdivision aprroval. The final approval of Phases III & IV ig only cont- ingent upon adequate sewage capacity being available; this cap- a--ity is available at the present time. As far us street lighting is concerned, it was never on issue of major significance during the review. While I cannot speak for the Commission in this regard, I ar---cn1v.,F:'V'JZf1t that the Commission will be receptive to any modifications' to the light- ing plan ivilhich will enhance aesthetics. Please call Me if" you have further questions. Sincerely, Stephen Page, Planner SP/Mcg WIEMANr-)- LAMPHERE, 346 SHELBURNE STREET BURLINGTON, VERMONT 05401 Date- A Project Gentlemen: AF�HITECTS TELEPHONE 863-5056 Project No. -7 Itz,,i V We are sending you the following items RI herewith F-1 under separate cover No. Description Remarks Items transmitted as follows: F] Approved ❑ Approved as noted Not approved F-1 Resubmit for approval F-1 Furnish —corrected copies F] For your files F] Items sent by: FlOur messenger F]Your messenger F1 F] By: class mail WIEMANN—LAMPHERE 0 WIEMAN N�- LAMPH ERE, AK HITECTS 346 SHELBURNE STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-5056 RICHARD H. WIEMANN A.I.A. JAMES A LAMPHERE A.I.A. January 16, 1978 Mr. Curtis Carter, Environmental Coordinator District Environmental Commission State of Vermont Essex Junction, Vermont 05452 Re: Brand Property Development Project No. 7707 Dear Curt: I apologize for the earlier inadequate submission on the above project. We are now enclosing the following: Seven (7) copies of the Site Plans Six (6) copies of the Application Six (6) copies of a letter from South Burlington regarding sewer and water Fivc (5) copies of letters from the South Burlington Police Department, South Burlington School Board, South Burlington Fire Department and some subsequent traffic studies. Also enclosed please find a check in the amount of Three Thousand Dollars ($3,000.00) to cover the fee. It is our intent in the design of the structures to provide for water saving devices on all shower heads and water closets and we also intend to construct the building with wood construction consisting of 2 x 6 wood and 6f1 insulation for all exterior walls, as well as 12 inches of fiberglas insulation in the ceiling area. Regarding the landscaping guarantee, we will be required by the City of South Burlington to provide a Landscape Bond for the landscaping along with a Landscape Maintenance Bond which should be furnished at that time. We will be happy to supply you with a copy of the guarantee when it is completed. Mr. Curtis Carter, Environmental Coordinator January 16, 1978 Page 2 We would appreciate if if you would set a hearing date and notify us of the date so that all of the parties 6 involved can be prepared to appear before the Commission. Thanking you in advance. Sincerely yours, WIEMANN-LAIIPHERE, ARCHITECTS James A. Lamphere JAL:pc Enclosures (25) No Text MEMORANDUM South Burlington Planning Co.T.nission From: Stephen Page, Planner Re: Next !fleeting I s Agenda Items DatE.: 1/6/76 1) Rand Sign Appeal The sign ordinance, copies Of Which you received at the last meeting, is the by-law under which this appeal is being brought. Section 20 Appoals, describes the function of the Planning Co,7Lra- ission. Dich Ward will be present at the meptizig to answer any c7 your questions a1)out the ordinance, and present his inter- pret,-jtion of the provision at issue. Representatives from Rand will present to majRe their case. ..A copy O" an opinion from D-ich Spokes on this matter is enclesed. 2) Brand Final Plat 7 ,'ou i,,I.ay recall that, at the last public hearing, on this project, the review aas corm ' plete for the entire development (i.e., illlr)aCtl Studies, la-Wout, Jecalese, etc.' �,,,ith the exception of sewer capacity. Evidence has Seen submitted to Bill Sz-,m zans]�i that another project has gone defunct and that its capacity, can be reallocated, thus permitting approval of Phan se II o-,F the condominiu-nis. A memo from WJS is forth coming. November 0, 1977 Mr. Roger. Gurtia Hickok & Boardman ftalty, Inc. 346 Shelburne Street Burlington, Vermont 05401 Re: Brand Condominiums Dear Mr. Curtis: This is to formally confirm the action of,the South Burlington Planning Commission, at its meeting of October' 2-5 i-- 1,9,77-, in approving Phase-l"of the final plat of the Brand Farm Condominiums. The minutes of this meeting are enclosed, which specify the conditions of your final plat approval. These conditions, plus the requirements of the sub -division regulations which are applicable to approved final plats, must be complied with prior to the issuance of any building permits. In particular, your final plat must be recorded prior to January 25, 1978. Please call if you have any questions. Yours truly, Stephen Page P-lanning-As-s-istant SP/Mcg 1 Encl M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Brand Property Development Date: January 10, 1977 1. The projections for the anticipated sewage flow to the Airport Parkway Treatment Plant include Phases I & II of this development. 2. Sidewalk should be constructed one foot off the R.O.W., continuous across the entrances. It should also tie into the Twin Oaks sidewalk. 3. Water main shall be installed in the grassed strip between the curb and sidewalk. 4. Road, including paving, water, curbing, drainage, shall tie into the Twin Oaks road. 5. Dorset Street sidewalk inside edge shall be a minimum distance of 20 feet from the center line of Dorset Street. Drainage basins will be required within this area. These comments shall not be construed as the final complete review comments. Additional comments will be prepared in the review of the final construction plans submitted before construction. Respectfully submitted, William J. 8zymanski, City Mgr. W I E M A N N 346SHELBURNE STREET RICHARD H. WIEMANN A.I.A. JAMES A. LAMPHERE AJ_A, December 15, 1977 - LAMPHERE, ARCHITECTS BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-5056 Mr. Stephen Page, City Planner City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Brand Development Dear Steve: It is my understanding that Mr. Szymanski has issued a letter notifying the Planning Commission of additional sewer capacity on the airport sewer system. We would like to request that Phase II of the Brand Development Project be put on the next Planning Commission meeting for review and approval. If you have any questions, please give me a call. Very truly yours, WIEMANN-LAMPHEERE, ARCHITECTS .C6 Ile James A. Lamphere JAL: pc December 5, 1977 Mr. Curtis Carter Cordinator, District 4 Ebvironmental Commission 111vest Street Essex ,junction, Vermont 05452 Re: Flanders Lumber & Hickok & Boardman Condominium Project - Conformity to South Burlington Comprehensive Plan Dear Curt: This project conforms to the South Burlington Comprehensive Plan. In particular, the developer's statement that these units would sell in the $22,000 - 36,000 price rang:, specifically addresses the need for moderate income housing outlined in our Plan. However, due to a shortage of sewage capacity at the present time, only Phase 1 (44 units) has received final subdivision app- roval; Phases 2-4 are in a "hold" pattern, with preliminary approval only, until adequate sewage capacity becomes available. Yours truly, Stephen Page Planning Assistant SP/mcg SOUTH BURLINGTON SCHOOL DISTRICT SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent Mr. Ray Lawrence, Jr. Hickok $ Boardman Realty, Inc. 346 Shelburne Road Burlington, Vermont 05401 Dear Mr. Lawrence, OFFICE: SOUTH BURLINGTON HIGH SCHOOL 550 Dorset Street .June 22, 1977 At their regular meeting on ,Tune 8, 1977 the South Burlington School Board voted that the proposed 160 unit project located on the }coward Brand property, outlined in your March 29, 1977 letter, would not place an unreasonable burden on the municipality to provide educational services. Because of our concern for the safety of our students, it is requested that sidewalks be provided in conjunction with the roads to be constructed. This will allow students to walk safely to and from the bus stop. I am enclosing a copy of our transportation policy for your information. Please note item #4 under the administrative guidelines - "Buses will not be routed over private roads." If you have any questions, please contact me. Sincerely yours, Frederick H. Tuttle S pariji-,;e ,dent of Schools FHT:c1 end. Jcc: Mr. Stephen Page, Planning Assistant Mr. John Lucas, Business Manager E IVI RA IN D U IV, To: South Burlington Plant-ing Commission From: Stephen Page, Planning Assistant RE: Next Meeting's Agenda Items Date: June 10, 1977 1. Kilgore Tire - Mir.Kilgore will present ar, alternative plan to the one approved, which will be installed on an interim basis, until an addition can be constructed (to replace the existing trailer), and such time as he can afford to conform to the plan originally approved. Bonds should be posted for both the interim and final plans. 2. V-'heelock Subdivision - A survey should be required. 3. Trono Subdivision A survey should be required. 4. Brand Condominiums A revised plan was subrilitted Friday, June 10, 1977. 1 will have a memo on it ready for the meeting. I have reviewed the traffic impact of this project based on evening peak hour figures for the two nearest intersections and estimates of the anticipated traffic from other projects proposed in the immediate vicinity. The capacity of the two adjacent intersections appears to by bdequate,', ba.sed-on the' lifni-te,d info- rmation'available. I will have an opin'lion from Dick Spokes prior to the meeting as to whether preliminary approval may be granted pending adequate sewage capacity becoming available. Jim Goddette says he would prefer a 201 graveled roadway extending through to Dorset Street, as opposed to a temporary cul- de-sac, for the roadway associated With Phases I and II of the project. 5, ICV Apartments Reg Thompson of the Soil Conservation Service has indicated he is satisfied with the layout of Phases Ii and III, insofar as soils are concerned. Russ Reay, Assistant County Forester, feels the windthrow problem can be alleviated by perservingc4unps of existing trees, as opposed to individuals, and is willing to assist the developer and the City in identifying trees to be saved and how they should be protected. M E M O R A N D U M To: Planning Commission From: W. J. Szymanski, City Manager Re: I.C.V. & Brand Development Sewer Plant Capacity Date: June 10, 1977 I have recomputed the anticipated capacity of the Airport Parkway treatment based on the phasing schedule of the six housing developments approved or pending approval and estimate that by the end of 78-79 the reserve capacity of the plant will be approximately 27,000 gallons. This means that only the first two phases of each project can be completed until such time as the plant is upgraded to secondary treatment. The upgrading is scheduled for completion in 1980. Respectfully submitted, William J. Szymanski City Manager I I M E M 0 R A N D UM To: South Burlington Planning Commission From: Stephen Page, Planning Assistant Re: Brand Condominiums, Plan Revision #4, June 10, 1977 1. Schools - Vle are waiting for a response from the School Board. 2. Dedication Land - The parcel proposed has no apparent access and I recommend itMremain in private ownership. There is an abandoned railroad bed in this area which may hold some potential for a pedestrian/bicycle path. 3. Streets,__§idewalk§, etc. - The street should be identified as a City Street; stop szgns should be installed at the intersection with Twin Oaks Terrace, as well as the Dorset Street intersection; The approach grade to the Dorset Street intersection has been revised so as to c,.Inform to City design standards. Sidewalk layout has been revised in accord with previous requests except for the extension to the east property line. Curbing for roadways and parking areas should be as specified by the City Engineer. 4. Fire Protection - See Jim Goddette's memo. 5. ctkq a_4a�out - The number of units has dropped by ten; this plus the rel6-Cition of one of the remaining units has alleviated much of the potential erosion problem; some additional shifting is still desirable, I feel, and could be accomplished while still maintaining desirable buildinrl separations, setbacks, etc. The plan, as drawn, requires a waiver of the required setback, which I still believe is desirable. 6. Parking Layout - Is much improved, but would be further enhanced 7y_'a dl"sY=bTfion of living units which more closely approximates the distribution of parkin-, spaces. In particular, there is an eight unit building which should be reoriented so as not to encourage on -street parking. 7. Storm Dr Should show drainpipes extending farther down steeps pps apes, and include drain tiles (as recommended by S.C.S.) to intercept parking lot and roof runoff. No Text A -A= MEMO TO: South Burlington Planning Commission RE: Next Meeting's Agenda Items DATE: May 191 10,77 Brand Condominiums - Comments are in attached letter. One other change that should be made to this plan is the grade on the proposed street, where it intercedes Dorset Street, should not exceed 3% in the last 1001. 2) Lamplough-ProperLy. Revised Site Plan Access to Williston Road remains unchanged. Interval circul- ation was better on the previous plan, but is adequate as revised. The size of the motel has been reduced from 172 units to 101. The size of the restaurant remains approx- imately the same. UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE P. 0. Box 77 Essex Jct., Vt. 05L452 Steve Page, City Planner South Burlington Vermont 05401 Ma, 21t, 1977 Situation: Proposed condominium development in City of South Bur- lington off Dorset St., north of Interstate 89. housing units will be cut into side of slope and face onto a level plateau. Municipal sewer and water available. Alternatives: Soils on site, according to soil survey of Chi.ttenden County, are Hinesburg fine sandy loam, 0 to 3% slopes; Hinesburg fine sandy loam, 8 to 15% slopes; Hinesburg fine sandy loams 15 to 250 slopes, and Hinesburg fine sandy loam 25 to 60110 slopes. These soils, normally, are sandy down to 25 to 35 inches below the surface, then silty down to bedrock, which is below 5 feet. The silty material has poor bearing capacity and is highly erodible when bare. `these soils are unstable when disturbed and when wet. All construction activities should be phased and timed so that large areas are not exposed to raindrop impact or surface runoff. Steep slopes should not be disturbed unless stabilization with vegetation is carried out quickly. Runoff from the building roofs and paved areas should not be allowed to go over the steep slopes. A drain the should be laid between the houses and the steep slope to intercept runoff and carry it to the storm drains. Increased runoff and the storm drain system planned will increase the potential for streambank erosion, especially along the stream on the south side of the project area. Don Hipes District Conservationist CC: James Lamphere, Architect Ray Lawrence, Jr., Realtor 0 M E M O R A N D U M TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: STEPHEN PAGE, PLANNING ASSISTANT RE: BRAND FARM - PRELIMINARY PLAT DATE: MAY 6, 1977 I. The following comments are arranged in order of the 1.4 general standardsfor RPUD's: 1.) 2) 3) / 4) Traffic - applicant should submit traffic generation data. Bruce Houghton has indicated he will. be able to review this pro- ject in light of both existing conditions and approveO projects. 5) Schools - we have yet to hear from the School Board on this project. 6) Sewage capacity poses a serious problem, particularly in light of the Council.'s policy to retain some of the remaining sewage capacity for non residential growth. We have received the standard form letter from the Police Department. The Fire Chief has submitted his recommendations but would like to review the current,reuised plan. V"7) A pedestrian easement in the vicinity of Potash Brook would connect the upper and lower sections of this trail described in the Plan. 8) 9) Conforms to the Plan in this regard. 10) No common open space has been designated, nor have any re- creational amenities been proposed. 11) The City Manager has recommended a public street, a sidewalk along Dorset Street, and curbin,o, in parking areas and along the proposed street. The sidewalk shown on the plat should be extended to the Past property line. 12) _2_ 13) All. site improvements, in addition to buildings, should be described in the phasing schedule (i.e., roads, utilities, walks, etc.) 14) II. Other Comments 1) Recreation fee works out to be $1398. 2) Road width and ownership should be decided by the Commission. 3) Parking is inadequate for the northeasternmost building. 4) A list of waivers has been submitted. M E M O R A N D U M To: South Burlington Planning Commission From.: William J. Szymanski, City Manager Re: Sewer Plant Capacity - Airport Parkway Treatment Plant Date: May 20, 1977 Taking into account all of the projects that have received approval to date (May 20, 1977), the estimated flow to the Airport Parkway Sewage Treatment Plant will be 1,198,000 gallons per day. The Brand property will increase that flow to 1,238,000 gallons per day which will exceed our allowable by 38,000 gallons. This is in violation of our permit. When the plant flow reaches the allowable (1.2M) we will evaluate its efficiency and if our degree of treatment is within the allowable discharge limits of 1401 lbs of B.O.D. and 1,000 lbs. of T.S.S. per day we will request an increase in the allowable flow. The plant discharge is currently (May, 1977) at the following percent of the discharge limits: Flow 69%, B.O.D. 61% and T.S.S. 57%. Respectfully submitted, William J. manski City Manager MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: RICHARD WARD, ZONING ADMINISTRATOR RE: CONDOMINIUM PROJECT - BRAND PROPERTY DATE: FEBRUARY 16, 1977 1. Private road is proposed, serious consideration should be given to a public .road. 2. Sight distance heading north on Dorset Street to Proposed road isn't the best. 3. Set -backs are less than thirty (30) feet, minimum required from right-of-way (public street) is thirty (30) feet. 4. Proposed parking, minimum size parking space 10' x 16' with a minimum of 20 feet manuvering area should be required. 5• Proper erosion control from parking areas should be considered. ` City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 "'• �-• •�`' TEL. 863-2891 May 17, 1977 Mr. Ray Lawrence Hickok & Boardman, Inc. 346 Shelburne Road Burlington, Vermont 05401 Re: Brand Property Condominiums Dear Ray: I have reviewed the plan for this project, revised May 10, 1977, as submitted to the Commission on that date. I offer the following suggestions in order to speed things up at the next meeting (May 24, 1977): 1. Sewers - Contact Bill Szymanski to.resolve this as best you can. 2. Erosion- Dennis Flynn of the Soil Conservation Service and I will meet you and Jim Lamphere at the site (Brand's Barn), May 23, 1977 at 9:15 a.m., to review this. 3. Hydrants - Submit revised engineering plan showing the num er and location of hydrants as requested by the Fire Chief. Building locations on the engineering plans should concide with the locations shown on the site plan. 4. Entrances to parking areas - Should be shown at 30t wide .__—__-- 5. Building Separations - Should be maintained at 301.1 6. Storm Drainage - Should be extended downhill as stated at last Planning Commission meeting. May 17, 1977 Mr. Ray Lawrence Page II 7. Other - The siting of buildings and location of entrances around the 33, 28, and 30 space parking areas could stand some improvement so that parking spaces are distributed similarly to units. Because the roadway (whether public or private) will probably be limited to a role as a minor street, and thus never widened, I would support a waiver of yard setbacks along this street; such a waiver would allow the units to sit e closer to the road, and further away from the edge of the bank, and would reduce or eliminate the cost of retaining walls, decrease erosion potential, and provide better access around the buildings. On the issue would be helpful of a city street the Commission's SP/mcg of public for you to as opposed decision" cc: Mr. James Lamphere vs. private streets, I think it indicate the added per unit cost to a private street, to facilitate Very truly yours, S � � � I� Stephen Page Planning Assistant 1 WIEMANN - LAM PH ERE, ARCHITECTS 346 SHELBURNE STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-5056 RICHARD H. WIEMANN A.I.A. JAMES A. LAMPHERE A.I.A. April 6, 1977 Mr. Stephen Paige, City Planner City of South Burlington City Hall South Burlington, Vermont 05401 Re: Brand Property Development #7707 Dear Steve: Enclosed please find a copy of the revised layout and grading plan for the above project. All utility plans were submitted earlier. We are writing on behalf of the Owner, Hickok and Boardman/Flanders Lumber Company and are requesting waivers on the following: 1. Change public streets to private, however, we have been able to provide sufficient space for a future 66' right of way. 2. Sidewalks have been located adjacent to building instead of following the street pattern. 3. On site lighting and landscaping plans will be provided. 4. Location map: This property is surrounded on three sides by major highways, consisting of the Interstate, Kennedy Drive and Dorset. As I understand it we are scheduled for public hearing on April 26, 1977. We look forward to meeting with you and the Commission at that time. If any questions or changes should be discussed before that meeting, please contact me so we can be fully prepared to answer any questions that may arise. Mr. Stephen Page Page 2 April 6, 1977 I understand there are discussions regarding new regulations to required developers to provide funds for recreation. Please notify me in writing of the requirements for this project and under what adopted regulation the fee will be required under so I can discuss this with my clients before the next meeting. Very truly yours, James A. Lamphere WIEMANN-LAMPHERE, ARCHITECTS 346 Shelburne Street Burlington, Vermont 05401 JAL:pc M E M O R A N D U M To: Planning Commission From: William J. Szymanski, City Manager Re: Howard Brand Land Condominium Development Date: April 22, 1977 1. Street should be publiq built to city standards. This to include a storm drain system. 2. A sidewalk should be constructed along Dorset Street and extend easterly to the Tennis Club Road. 3. Sewer manholes to be within paved areas where possible. 4. Water services, metering, valves, and all water line materials to be coordinated with City Water Department. 5. Parking lots to be curbed. 6. Street, if it is to be private,shall include curbs and drainage system. Respectfully submitted, ) -fv� ' �J William manski, City Manager January 10, 1977 sr . Ray Lawrence Hickok & Boardman, Inc. 346 Shelburne road Burlington, Vt. 05401 Dear ? a-; =�s per roger Curtis's request I have projected the antici- pated setiage contribution from projects approved to date to see if the airport Parkway Sewage Plant could accommodate an additional 150 unit development. I n,o T:ze esti:iated 35, 000 gallons leer day of sei-.age flow from this i c?eveloputent could he handled b'- y our _irport Parkway Treatment `�:J/J Plant assivaing no unexpected increase in the present flow occurs. The sewage pumping station that will serve this development -� has the capa'A lity to do so. The station -vas built by the I� developers of the Tennis Club. In addition they have been planning a large housing development. Any i:iodifications that may be requires: to serve their development and the development you are planning should be the responsibility of the developer of your parcel. The city is maintaining the tennis club street and sewage pumping station, however, we do not have a record of transfer of these facilities to the city. � his irtust be done before use of the facilities :.y others. Flow tests will have to be conducted on the water supply to determine adequacy of the supply, especially for fire protection. I would suspect that tile deal -end rain on Kennedy Drive will Dave to be connected to Dorset Street and the development also looped into Dorset Street. If you have any further questions, please feel free to call. Very truly yours, 4 i:illia:. �t�3Zi >i_i t�;JS/h City :Tanager CITY OF SOUTH BUR LINGTON, VERMONT PIANNING C014NIISSION CERTIFICATE OF APPLICATION READINESS This is to certify that����� has submitted a complete applic tion to the South Burlington Planning CommisJ�zo purpose of on , for the ' The Zoning Administrator finds that the applicant has filed all applicable submissions and is in conformance with the city's zoning regulations. s/ Zoning Administrator Date The applicant was granted a Zoning Board of Adjustment variance on (p See attached memo The Planning Assistant finds the application is in con- formance with the master plan.-ta.t--it -answers a}l- gte�t3r�ns raised _by_ the . revieiAL- fprocess . s/ Planning Assistant Date CD See attached memo The Fire Chief certifies that this application does not adversely affect the fire department's ability to protect life and property in the city or at this site or create a need for additional personnel, programsr equipment. e PZSee attached memo a The School Directors certify that the proposed project (to be specifically named) will/will not place an unreasonable burden on the ability of this municipality to provide educational services. If a negative response is given, information will be provided to explain the Board's decision. Chairman Date [QSee attached memo r- PLANNING COM24ISSION CERTIFICATE OF APPLICATION READINESS Page 2 The Police Chief certifies that this adversely affect the Police Department's life and property in the city -or at this need flof additional personnel, programs, ) __ � - -�} ,ld Poll-Nce Chie See attached memo application doesrr- ability to protect site �- createl a or equipment. e l/ The undersigned City Engineer certifies that this applica- tion is in conformance with the city's transportation plan, represents sound engineering practice and will not create an unsafe traffic condition. s/ City Engineer Date C]See attached memo The Planning Assistant certifies that this application raises no legal questions that he can foresee, or if it does that they have been answered by the City Attorney in the attached opihion. s/ Planning Assistant Date CDSee attached memo The City Engineer certifies that the application is in conformance with city engineering standards and represents sound engineering practice as shown. s/ City Engineer Date CD See attached memo This completed certificate shall be submitted to the Planning Commission Chairman rior to the applicant's being placed on the agenda of a regu ar y scheduled meeting. This certificate is required for site plan review, sketch plans, preliminary plats, final plats and right-of-way approvals. The Chairman shall determine with the advice of the Planning Assistant if any of the above signatures are not necessary, however, it is assumed that all apply. scor PL66.4 SVev1 iJ�lt7(�- ,ti•►►r•�,,a�=ca�cz 0�4 �L t�l L.�.-, � . �..,�5�{c�.-si �P,�-tc- �►i� � P�D���-'fit-�'t`. o -T-5. 41 lz-z �S-c, -7:Yw G A � j j 0 5 (0"/nal � Yh¢-c71�_ ' 3t�. 'ST>AC+N-? lco O O��h\�►�sf+--a �� r�-•�1�: �lU aT'� `�'�'. � L.CK�`iic`�P-{ //�� 6w eerme Mq�r) SOUTH BURLINGTON POLICE DEPARTMENT 555 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 Richard G. Carter, Chief Telephone 658-1050 April 19, 1977 William B. Wessel, Chairman South Burlington Planning Commission South Burlington, Vermont Dear Sir: Concerning the proposed project on Dorset St. at the Hoard H. Brand Farm, it is my opinion that this development will seriously over -tax our present capabilities to efficiently enforce the law and protect life and. property. It is my belief that any new development, both residential and industrial, will make it i.mparative that the department be expanded, not only in personnel, but in equipment, dramatically and immediately. V y truly yours . Richard G. Carter RGC:mb � irE Piepartment �vabqnarttm DORSET STREET OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. June 14, 1977 Mr. William B. Wessel Chairman South Burlington Planning Commission 1175 Williston Road South Burlington , Vermont 05401 Dear Yx. Wessel, I have recieved a new site plan for the Brand Property to review marked #4 10 June 77 General Revision. After reviewing the new plan I have found that some of the buildings do not have a minmum of 30 feet between buildings and it does not show the locations of fire hydrants. Back in April of this year lbi-. Lawerance from Hickok & Boardman and myself had agreed on what would be needed so this department could give the proper protection for the complex. At that time Ys. Lawerance said there were no problems on the standards we had agreed on. If the development can nct be built to meet the standards agreed on, then it should not be built. If there are any questions on the above please feel free to call me at 863--6455• 7 SincerelyjXame/ s W. Goddette Sr. Chief Red Tape Form - Circulation Zoning Administrator Planning Assistant City I,;anager (Engineer) Fire Chief Police Chief School Directors Recreation Director City Attorney Transportation Engineer (RPC) Natural Resources Comm. Tree Planting Comm. Other c a o a� •� .-i n� o a �+ +-' M-P �4 n� a� ro c +> > =-- C- o c cv x tir -H(1) 00- CL o cn a a. a. u..a. cn rr fn� ¢ a• ¢ N t� o ✓ = no adverse comment x = memo enclosed CITY OF SOUTH BURLINGTON, VERMONT M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Brand Property Condominium Development Date: February 18, 1977 1. There should be a sidewalk along the street and along Dorset Street frontage. 2. The road grade from Dorset Street will be excessive for the planned density. It should be no steeper than 100. The street should be a city street. 3. The parking layout is poor. Some units have access within 30 feet for both front and rear while others may be as much as 300 feet from a parking space. Some back units are equal distant from three parking areas which may require checking all three before a parking space is found. The units along the access road will encourage parking along the road instead of the parking area. 4. It appears the units along the south side of the road are in an unstable fill area. 5. There should be access behind the units of a development of this density for emergency equipment. �qn. 6. The developer should share in the cost of a'Wbus shelter in the vicinity. Respectfully submitted William a. S ymanski, City Manager M E M 0 R A N D U,M TO: SOUTH BURLINGTON PLANNING COMMISSION FRONT: STEPHEN PAGE, PLANNING ASSISTANT RE: BRAND FARM CONDOMINIUM IPROPOSAL - SKETCH PLAN DATE: FEBRUARY 18, 1977 1) Necessary Reviews Site Plan, Subdivision, RPUD. 2) Impact on Municipal Services & Facilities Sewage capacity may be adequate, depending on the degree to which this and other pending residential projects are phased; there is not adequate capacity to accomodate all these projects in trei.r entirety unless the plant's capacity is increased. The School Board must confirm the ability of the system to accomodate the additional school -aged children from this project. No provisions for recreational facilities are apparent on the plan submitted. Provisions for active and passive recreation should be addressed in subsequent submissions. Sevier, water, storm drainage, police and fire protection will be reviewed. Also, traffic impact must be assessed, taking into account the anticipated effects of other pro- jects in this area. 3) Access and Circulation The concept of dual access to City streets is good; hovi- everi+-t-he grade of the Dorset Street access is excessive In accord with the sidewalk policy, a sidewalk should be considered along Dorset Street; however, the cost of a sidewalk along Kennedy Drive may be prohibitive due to the filling that would be required. A sidewalk paralleling the private road should be provided. A pedestrian easement along Potash Brook merits consideration. -2- 4) Site Considerations The developable plateau on this site is being very intensively used -particular care is necessary in the siting of buildings and design of storm drainage systems to prevent erosion, especially �,-,here the slopes are steeper, and also where there has been filling. Planting should be used to stabilize the banks and serve as a visual and aural buffer to this highly exposed site. Considering the densitycEiling of 182' units for this 226 acre site in relation to its undevelopable, area (as much as half the site) and the 160 units proposed, art acceptable level of density should be discussed, as outlined in the specific standards for an RPUD (p. 9 of zoning). 5) General This proposal represents a major step forward in implementing the love income housing objectives outlined in the Compre- hensive Plan. At the same time, however, the Plan's objectives concerning a controlled rate of growth must be given equal consideration. The four year phasin of this project (longer than any other recently proposed is a step in the right direction. Finally, the relationship of this project to future pro- posal's for the interstate interchange nearby should be explored. Donald L. Hamlin % CONSULTING ENGINEERS, INC. -7-tI{COL-tSTR-6€ P.() • V30x 4(0( ESSEX JUNCTION, VERMONT TELEPHONE 878.3956 878-5123 TO iT,. k LETTEk 3F TRANSMITTAL v GENTLEMEN: WE ARE SENDING YOU -� Attached ❑ Under separate cover via ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION spy 7L ✓ Ci��Ji= 9 Ccon.7l��" I "j 1 lily-( THESE AMC TRANSMITTED as checked below: For approval ❑ Approved as submitted For your use ❑ Approved as noted As requested ❑ Returned for corrections j` For review and comment ❑ FOR BIDS DUE 19 !❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints COPY TO SIGNED: _-- If enclosures are not as noted, kindly notify us at once. � M.. City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL.863-2891 April 7, 10,77 Mr. James Lamphere Wiemann-Lamphere Architects 346 Shelburne Road Burlington, Vermont 05401 Re: Recreation lands/equivalent fee policy and your letter of 4/6/77 Dear Jim: Section 411 of South Burlington's Subdivision Regulations requires that a subdivider set aside suitable land for recre- ational purposes, as determined by the planning commission. Alternatively, the Commission may require an equivalent fee in lieu of the setting aside of parkland. To clarify the implementation of this section, the Planning Commission has adopted a recreation lands/equivalent fee policy in conjunction �,,ith an equivalent fee calculation, which has been adonted by the City Council. Conies of are enclosed. SP/dlg this pSilicy, Please call 04 the fee calculation, and an examole if you have any questions. Yours truly, Stephen Pane, Planning Assistant GENCY OF ENVIRONMENTAL CONSER' JON NTERAGENCY ACT 250 REVIEW COMMii EE RE: Flanders Lumber Co., Hickok ) DISTRICT ENVIRONMENTAL COMMISSION and Boardman ) 150 units ) APPLICATION #4CO306 South Burlington ) FEBRUARY 7, 1978 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont in the above captioned matter. PRE -HEARING COMMENTS Enclosed are comments of the Environmental Advisor, the Vermont Department of Highways, Landscape Architect, James Sairs, and the Department of Water Resources. It appears that soil erosion is the critical issue with regard to this application. The use of retaining walls, particularly timber retaining walls, may not be a sound construction practice. As the Environmental Advisor indicates, detailed plans which show existing slopes, construction procedures and finished details should be submitted. Cross sections of the retaining walls and information as to their estimated life expectancy should be submitted. A discharge permit may be required for storm water discharge. Storm water should be managed to prevent any increase in the peak discharge to the streams which will alternately receive the storm water. Criterion 1(E) dealing with streams, indicates that developments when located on or adjacent to the banks of the stream, will maintain the natural condition of the stream. The amount of paving on the site will be such that increased storm water may increase peak discharge of the stream, thus altering the natural condition of the stream. Furthermore, Criterion 4 deals with reduction in the capacity of the land to hold water. Increased storm water runoff from the site may cause such dangerous conditions. The Agency recommends that the Commission take no action on this application until the applicant has submitted erosion control information and landscaping for review by all parties to the application. Aesthetics is another extremely important concern. The Environmental Advisor has addressed the concern. His comments are supplemented by those of James Sairs dated January 30, 1978. The impact of the proposal on the Dorset Street/Kennedy Drive intersection also appears to present difficulties. The Highway Department has suggested that the intersection with Dorset Street be redesigned to conform to Standard B-71. The Highway Department further recommends review by the city engineer to determine impact on Kennedy Drive. PRE -HEARING COMMENTS ) FEBRUARY 7, 1978 PAGE 2 I hereby certify that a copy of the foregoing ENTRY OF APPEARANCE and PRE - HEARING COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 7th day of February, 1978 at Montpelier, Vermont. Respectfully submitted, AGENCY OF ENVIRONMENTAL CONSERVATION INTERAGENCY ACT 250 REVIEW COMMITTEE By Stephen B. Sease, Administrator Land Use and Development State of Vermont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Mr. Stephen Sease Land Use Board Agency of Environmental Conservation Montpelier, Vermont 05602 AGENCY OF ENVIRONMENTAL CONSERVATION MARTIN L. JOHNSON, Secretary Montpelier, Vermont 05602 DEPARTMENT OIL FORESTS AND PARKS RE: Application #4C0306 Flanders/Hickock & Boardman Condominium Development in So. Burlington Dear Steve: Site Description 111 West Street Essex Junction, VT 05452 January 18, 1978 This property is located in So. Burlington adjacent to the Indoor Tennis Center and I-89. The Dorset Street -Kennedy Drive-I-89 intersec- tion is at the Northwest corner of the Ewing -Gentry property. The site is a plateau with steep escarpments on three sides. The plateau is at the same level as the Tennis Center. The entire site is open and much of the area is still pastured. Soils are Hinesburg on A, D. and E slopes. An existing house and barn shows on the Hamlin plan. Plans & Comments On January 17 I inspected the site. Municipal water supply and sewage disposal are planned. The January 4, 1978, letter from Mr. Szymanski indicates sewage capacity has been allocated for 88 units. The subject of soil erosion was not addressed in the application, but there are points which must be considered. Erosion from storm water discharges should not be a problem, since plans show discharges I Mr. Stephen Sease -2- January 18, 1978 should not be a problem, since plans show discharges at the toes of slopes. Rip -rap as shown appears to be adequate. Re -vegetation plans for construc- tion areas on the slopes should be submitted. The use of timber retaining walls appears to be an important aspect of this project. Because these structures are associated with construction on steep slopes, plans which show existing slopes, construction procedures and finished product should be submitted. Upon completion of this project and Twin Oaks Apartments, there will be 334 dwelling units plus the Tennis Center served by Twin Oak Terrace. Its intersection with Kennedy Drive will probably be very busy. The new street is proposed to intersect with Dorset Street. A driveway which presently intersects at this point is steep, and a 900 angle cannot be obtained. This intersection is not only at the foot of the new street, but is in a pronounced dip in Dorset Street. In the absence of details and profiles, I would suggest that this could be a hazardous intersection in the winter. This project has been reviewed at the local level. No evidence on criteria 6 and 7 was submitted. The site is unique from an aesthetic standpoint. As viewed from I-89 and Kennedy Drive, it is a high plateau with no background and consequently, will have a greater impact than any other residential development in the area. The landscape plan appears to be very inadequate. There is too much reliance on cedar and flowering crab, the use of large trees (oak, pine, etc.) appears to be too limited. There are no plantings on the periphery of the develop- ment, and there seems to be a significant lack of attention paid to the unique landscape needs of this site. The flat portion of the site is prime agricultural soil. Energy conservation regarding insulation has been addressed, and meets state recommendations. cc: CW Carter J Lamphere R Curtis Sincer , Ru s S. eay Environme aT'Advisor UFI'ICI: Oi' ilu'. CO:•1'•1ISSIpNFa �n STATE OF VERMONT DEPARTMENT OF HIGHWAYS MONTPELIER 05602 Act 250 Administrator January 24, 1978 Agency of Environmental Conservation Division of Environmental Protection Montpelier, Vermont 05602 NOTICE OF APPLICATION TO ENVIRONMENTAL DISTRICT Re: App. #4C0306, Flanders Lumber Company, Hickok and Boardman, South Burlington Dear Sir: Pursuant to the provisions of Act 250 of the 1970 legislature, Environmental Board and District Commissions, the Department of Highways has reviewed the above -referenced Notice and offers the following: No adverse comment This agency may have a program affected by this project x and indicates interest as follows: Dorset Street intersection should be redesigned, if possible, to conform to Standard B-71 to improve safety. Easterly connection to road serving tennis court could be improved and City Engineer should review access to Kennedy Drive, due to increased traffic from this development. No finished profile of new road approach grade to Dorset Street should be less than 10%. Attach. cc: District Fngineer wood Sincerely, Ronald E. W. Crisman Acting Commissioner By State of Vermont 41 �40 AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Verrnont 05602 Department of Fish and Game DEPARTMENT OF FORESTS, PARKS AND RECREATION Department of Forests, Parks, and Recreation Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council MEMORANDUM TO: Stephen Sease, Land Use Administrator FROM: Jim Sairs, Landscape Architect DATE: January 27, 1978 SUBJECT: Act 250 - 4CO306 S. Burlington 150 Condominiums Flanders Lumber/Hickock 8 Boardman The landscape plan is not available as of this date, so I have been unable to review it. When it arrives, send it down. The site plan is inadequate because there are no proposed contours to indicate the cut and fill areas. It appears they will have to construct some retaining walls on the back side of the units along the top of the plateau on the S.E. side. Some of these buildings will be on eight or nine feet of fill. If no walls are planned, the fill slopes could be excessive. Details of what is planned should be provided. The total acreage is 26 and of this only about twelve are actually involved with the development. When you divide these 12 acres into 150 units, a density of 12.5 units per acre is arrived at. There is no common open space in the development for any internal recreation facilities. Although the development is located near the tennis club, etc., I think they should be providing open space for recreation activities. There could be quite a few children and adults who would benefit. Almost the entire site is taken up with living units, roads and parking. The intersection of the internal circulation road with Dorset Street does not appear to be well designed. Details of site distances should be provided and the intersection redesigned so that it is at right angles. There is a large 100' power line R.O.W. along the west side and a 50' R.O.W. along the north side. Some units are located at the edge of this R.O.W. on the west side and some are within ten feet on the north side. The size of existing power lines should be shown as well as any future expansion. As the power lines get upwards of 300,000 K.V., studies have shown that they are detrimental to human health. JS:hd State of Vermont AGL;NCY OF ENVIR.ONNIENTAI., CONSEItVATION Montpelier, Verniont 05602 Department of Fish and Game Department of Forests, Parks, and Recreation DEPAK'CMENT OF FORESTS, PARKS AND RECREATION Department of Water Resources Environmental Board Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council MEMORANDUM TO: Stephen Sease, Land Use Administrator FROM: Jim Sairs, Landscape Architect' DATE: January 30, 1978 SUBJECT: Act 250 - 4CO306 S. Burlington 150 Condominiums Flanders Lumber/Hickock 8 Boardman - Comments Landscape Plan (See previous memo of 1/27/78) The landscape plan submitted is inadequate. The plan indicates only tree location and some hedge material. There are no plantings of shrubs or small trees indicated for the units. The plan is vague with only a typical unit showing indicated tree kinds: the remainder of the plan does not show this needed information. The landscape plan should indicate kinds of material at each location, the size and quantity of each specie. The plan should also be expanded to include shrub plantings and details around the units. There are not enough trees --the front of most of the units have none. The use of Pin Oak (Quercus palustris) in the parking area is not recommended. This specie tends to have penulous lower branches as they get older and will interfere with pedestrian and automobile movement. Another suggested specie would be Honey Locust and Marshalls Seedless Ash. JS:hd Ill West Street Essex Junction, VT 05452 ;' 879-6563 X STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 REQUEST TO A°FIEND LAND USE PERMIT #4C0306 MEMO TO: All Parties to Land Use Permit #4C0306, Grandview Condominiums, Phase IV, Kennedy Drive, South Burlington FROM: Susan H. Cain, District Coordinator � E " DATE: July 22, 1980 SUBJECT: Amendment Request #4C0306-4 On July 22, 1980, the District Environmental Commission received an application from Flanders/Boardman, 346 Shelburne Street, Burlington, filed under the provisions of Title 10 VSA, Chapter 151 (Act 250) to amend Land Use Permit #4C0306 to construct Phase IV of the Grand- view Condominiums (24 units) off of Kennedy Drive in South Burlington, Vermont. Condition #5 of Land Use Permit #4C0306 requires that these units obtain a Certification of Compliance from the Protection Division prior to construction. A pre -construction conference is also being conducted in accordance with Condition #7 of the Permit. Any party can request that the District Commission hold a public hearing on this proposal by notifying this office, Ill West Street, Essex Junction, not later than Monday, August 4, 1980. If no request for a hearing is filed, the District Commission may dispose of the case by stipulation, agreed settlement, consent order or default. If there are any questions regarding this matter, please contact this office immediately. SIiC/tg i State of Vermont LAND USE PERMIT CASE No. 4C0306-6 APPLICANT Flanders -Boardman ADDRESS 346 Shelburne Street Burlington, Vermont LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State.Board of Health Requlations, Chapter 5, Sanitary Engineerinq, Subchapter 1, Public Buildings, Subchapter 15, Plumbinq District Environmental Commission #4 hereby issues a Land Use Permit pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 146, Paqes 304-305 of the Land Records of South Burlington, Vermont, as the subject of a deed to Flanders -Boardman, the "permittee" as grantee. This permit specifically authorizes the permittee to revise the landscaping plans for two units of Phase II of the Grandview Condominiums located at the intersection of Kennedy Drive and Dorset Street in South Burlinqton, Vermont. The permittee, its assiqns and successors in interest, are obliqated by this per- mit to complete and maintain the project only as approved by the District Ccmnis- sion in accordance with the followinq conditions: 1. The project shall be completed as set forth in Findinqs of Fact and Conclusions of Law #4C0306-6, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittee confirms and agrees for itself and all assiqns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittee and all assigns and successors in interest. 3. The District Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affi- davit certifying that the project is being completed in accordance with the terms of the permit. 4. The permittee shall supply revised landscaping plans to the District Commission for approval for the remaining units within Phase II, and shall construct the project in accordance with those plans as approved. The Commission may request a hearing to consider said plans. 5. The permittee and all assigns and successors shall continually maintain the planting and site improvements substantially as approved by replacing any dead or diseased plantings as soon as seasonally possible as described in #4C0306-6, Exhibits #3 and #4. #4C0306-6 LAND USE PERMIT Page 2 6. All conditions of Land Use Permit #4C0306 and Land Use Permit Amendments #4C0306-1, 4C0306-2, 4C0306-3, 4C0306-4 and 4C0306-4A shall remain in effect except for the revised landscaping for Phase II as amended herein. 7. All installation of landscaping on this project must be ccrmpleted by October 1, 1982. 8. This permit shall expire on September 18, 2000. 9. Notwithstanding, this permit shall expire one year from the date of issuance if the permittee has not demonstrated an intention to proceed with the project. Dated at Essex Junction, Vermont this 12th day of March, 1982. Members participating BY in this decision: Katherine M. Powers, District Coordinator For the District #4 Commission Linooln Brownell Helen Lawrence Charles Tetzlaff STATE OF VERMONT DISTRICT ENVIRONMENTAL MO MSSION #4 Flanders -Boardman 346 Shelburne Street Burlington, Vt. ) Amendment Application #4C0306-6 ) Findings of Fact and Conclusions ) of Law, 10 VSA, Chapter 151 (Act 2 On January 20, 1982, an amendment application for an Act 250 permit was filed by Flanders -Boardman of 346 Shelburne Street, Burlington, Vermont for a project generally described as the revision to the landscaping plans for two units of Phase II of Grandview Condominiums located at the intersection of Kennedy Drive and Dorset Street in South Burlington, Vermont. Under Act 250, projects are reviewed based on the 10 environmental criteria of 10 VSA, §6086(a), 1-10. Before granting a permit, the District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #5 and the evidence received at a hearing held on March 5, 1982. Parties to this application are: A) The Applicant by Lyndol Palin of Flanders -Boardman; B) Agency of Environmental Conservation by Dana Cole -Levesque, Land Use Ad- ministrator. In making the following findings, we have summarized the language of criterion 8 of 10 VSA, §6086(a). Our findings under criteria 1,2,3,4,5,6,7,9 and 10 (Findings of Fact #4C0306, #4C0306-1, #4C0306-2, #4C0306-3, #4C0306-4 and #4C0306-4A) remained unchanged by this amendment. 8. There will be no undue adverse effects on aesthetics, scenic beauty, his- toric sites or natural areas: i) The Commission finds that the relocation of landscaping to the top of the northern bank will result in more effective screening than the la scaping proposed in the original plan. ii) The Ccn nission finds that proposed landscaping species is in keeping wi the species changes approved in Land Use Permit Amendment #4C0306-4. iii) The Ccmission finds that the white ash to be located along Grandview Drive have been increased from 1z"-2" in diameter to 3" in diameter and that the size of the balsam firs and the white pines have been increase to 6'-8". CONCLUSION OF LAW Based on the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all the term and conditions of that application, and of Land Use Permit Amendment #4C0306-6, will not cause or result in a detriment to public health, safety or general wel. fare under the criteria, described in 10 VSA, Section 6086 (a) and that, pursuant to such section, a permit is therefore issued. 11ME #4C0306-6 FINDINGS OF FACT Page 2 Dated at Essex Junction, Vermont this 12th day of March, 1992. Members participating BY /6 in this decision: Katherine M. Powers, District Coordinator For the District #4 Commission Lincoln Brownell Helen Lawrence Charles Tetzlaff NOTICE OF APPLICATION ANTD HEARING ACT 250 MINOR APPLICATION #4C0306-6 10 VSA Chapter 151 N,END= Notice is hereby given that on January 20, 1982 an Amendment Appli- cation was filed by Flanders and Boardman of 346 Shelburne Street, Burl- ington, Vermont for a revision to the landscaping plans for Phase II of Grandview Condominiums located at the intersection of Kennedy Drive and Dorset Street in South Burlington, Vermont. This application qualifies for minor application procedures under Rule 21 of the Rules of the Environmental Board, effective April 8, 1976. A proposed permit has been prepared and is available at the Commission office. Notices or inquiries should be directed to the Coordinator at 111 West Street, Essex Junction, Vermont. At 10:00 a.m., Friday, February 5, 1982, the Commission will hold a public hearing to receive evidence from the parties under the 10 criteria of 10 VSA, §6086(a). The Commission reserves the right to cancel this hearing without further notice and authorize the Coordinator to issue a permit, unless notice of intention to participate in the hearing is re- ceived from a party by Monday, February 1, 1982. Parties entitled to participate are the Municipality, the Municipal Planning Commission, the Regional Planning Commission, State agencies, ad- joining property owners, and persons granted party status pursuant to Board Rule 12 (C) . BY / !� Katherine M. Powers, District Coordinator For the District #4 Commission Street Essex Junct}?qi/��. 05452 Tel. 879-6563 MEMORANDUM 111 West Street Essex Junction, VT 05452 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 To: All Parties ej-rom: Edward R. Schlegel, Environmental Coordinator Date: June 1, 1981 Re: Application #4C0306-5, Flanders/Boardman On April 29, 1981, an amendment application for an Act 250 permit was filed by Flanders/Boardman, 346 Shelburne Street, Burlington, Vermont, for a project generally described as the development of Phases II and III of the Grandview Acres condominium project. Specifically, the applicants were requesting approval to exercise the option of Phases II and III, or a substantial portion thereof, as rental apartment units rather than condominiums, and to change the exterior of the buildings to rough sawn diagonal siding spruce or pine shiplap instead of shingle siding. At a hearing held by the District Environmental Commission #4 on May 22, 1981, the applicant withdrew his request for a change in the exteriors of the buildings of this project. Subsequent discussion between the applicant and the commission revealed that the applicant plans to sell the units of Phases II and III to an investor as condominiums who intends to lease the condo- minium units. A related company of the permittee (Hickok and Boardman) agrees to serve as the managing agent of "Common Areas and Facilities" of the condominium bylaws and implement and maintain the landscaping plan accepted and approved per condition #6 of Land Use Permit #4C0306-4. Since the permittee will continue to manage the units after they are sold and rented, the Commission felt that no Act 250 permit was required and the applicant withdrew the amendment application. ERS:cpm 111 West Street Essex Junction, VT 05452 879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD ' DISTRICT ENVIRONMENTAL COMMISSION #4 REQUEST TO AMEND LAND USE PERMIT #4C0306 NOTICE TO: All Parties FROM: Edward Stanak, District Coordinator DATE: April 29, 1981 SUBJECT: Amendment Request #4C0306-5 On April 22, 1981, the District Environmental Commission received an application from Flanders/Boardman, 346 Shelburne Street, Burlington, Vermorht, filed under the provisions of Title 10 VSA, Chapter 151 (Act 250) to amend Land Use Permit #4C0306 to maintain the option of completing Phases II & III, or a substantial portion thereof, as rental units rather than condominiums. The application also proposes to change building exteriors to rough sawn diagonal siding spruce or pine shiplap rather than shingle siding. Any party can request that the District Commission hold a public hearing on this proposal by notifying this office not later than May 15, 1981.. If no request for a hearing is filed, the District Commission may dispose of the case by stipulation, agreed settlement, consent order or default. If there are any questions regarding this matter, please contact this office immediately. tg It A P P L I C A T I O N F O R L A N D U S E P E R M I T .. A M E N D 11 E N T INSTRUCTIONS: Use.this form for all Land Use Permit amendments, including permit transfers. Applications for permit transfers are to be completed by the transferree. SECTION I - FOV OM—CE-US Application # 4 CO3 — S- Filing Date: ' Laws Involve rc� r Deemed Complete By: Cost: _# of lots: Fee: Deed: Vol. Page(s) , SECTION II - TO BE COMPLETED BY THE APPLICANT 1. APPLICANT: FLANDERS BOARDMAN 346 SHELBURNE ST, BURLINOTON, VT, 802-658-3500 NAME - ADDRESS PHONE 2. PROPERTY OWNER: FLANDERS BOARDMAN 346 SHELBURNE ST., BURLINGTON.' VT. 802-658-3500 NAME ADDRESS PHONE 3. PERSON TO BE CONTACTED ABOUT THIS APPLICATION (Complete only if different than #1): LYN PALIN - HICKOK & BOARDMAN REALTY, INC. 802-658-3500 4. WHAT IS YOUR LEGAL INTEREST IN THIS PROPERTY? 5. IF YOU ARE NOT FILING THIS APPLICATION AS AN INDIVIDUAL; C MPLETE THE FOLL WING: FLANDERS BOARDMAN SEPT'.'9 1977 VERMONT 4/12/78 Legal Entity date formed St. Date Reg. Tn VT 6. WHAT IS .THE. -NATURE OF THIS REQUEST TO AMEND THE LAND USE PERMIT: OUR REQUEST IS TO HAVE THE OPTION OF COMPLETING PHASES II & III, OR A SUBSTANTIAL PORTION THEREOF, AS RENTAL APARTMENT UNITS RATHER THAN CONDOMINIUMS. ONLY PHYSICAL CHANGE IN BUILDINGS WILL BE USE OF ROUGH S INSTEAD OF SHINGLE SI$ING. 7. DESCRIBE ANY CHANGES IN THE FOLLOWING -ITEMS FROM INFORMATION IN THE ORIGINAL APPLICATION a. Acreage in the entire tract of land No CHANGE b. Acreage in this project NO CHANGE c. Date the project will be started JUNK 1981 = d. Date the project will be completed 'FALL 1982 . e.. Funding or bonding of this project NO CHANGE f. Municipal services to be used NO CHANGE SECTION III - ADDITIONAL INFORMATION REQUIRED ON PERMIT TRANSFERS 8. TRANSFERREE: I hereby agree to complete this -project as set forth in the application, Findings of Fact and Conclusions of Law and the Land Use Permit # and as amended above: Transferree) 9.- TRANSFERROR:; _ I hereby agree to the transfer .of Land Use Permit # -as set forth above• -(Transferror SECTION IV - N:TICE TO PARTIES - T BE COMPLETED BY ALL APPLICANTS FOR ACT 250 PROJECTS 10. This application must be signed y the applicant. By signing this application the applicant assumes responsibility.for the information provided and, when the amendment involves Act 250, confirms that the town selectmen, Planning Commission. - and Regional Planning Commission were given a copy of the application as required. - _ Sina of Applicant APR 2 2 19a1 State of Vermont LAND USE PERMIT AMEf!DMENT CASE No. 4C0306-4A APPLICANT Flanders/"oardman ADDRESS 346 Shelburne Street Burlington, VT 05401 F/LE. QkMU LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) ). and Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, %blic Pui1dings, and Sub- chapter 15, Plumbing. District Environmental Commission #4 hereby issues a Land Ilse Permit Amendment pur- suant to the authority vested in it in lO VSA, Chapter 151. This permit applies to the lands identified in Book 146, Pages 304-305 of the Land Records of South Burling- ton, Vermont, as the subject of a deed to Flanders/Boardman, the "permittees" as grantees. This permit specifically approves the interior plumping and ventilation for Phase IV consisting of 24 condominium units to be known as Southridge Condominiums, off of Grandview Drive in South Burlington, Vermont. The permittees, their assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commis- sion in accordance with the conditions of Land Use Permit #4CO306-4 except as amended as follows: (1) This permit hereby incorporates conditions #1-715 of the Certification of Com- pliance #4C0306-4A, issued on October 16, 1980, by the Regional Engineer, Divi- sion of Protection, Agency of Environmental Conservation in compliance with Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings, and Subchapter 15, Plumbing. Condition #4 of said Certification is as follows: 4. Upon completion of the rough -in for the waste plumbing, and prior to said plumbing being covered or closed -in, the Agency of Environmental Conserva- tion is to he contacted so that we may have the opportunity to inspect the workmanship. Dated at Essex Junction, Vermont, this 21st day of October, 1980. Susan Haitsma Cain, District Coordinator For the District #4 Commission STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO. 4CO306-4A Flanders, Hickok & c/o Flanders Lumber 34 Park Street Essex Junction, VT Certified to comply with Boardman ) Vermont State Board of Company ) Health Regulations, Chapter 5, Sanitary 05452 ) En'gineering, Subchapter 1, Public buildings, and Subchapter 15, Plumbing This project, consisting of internal plumbing and ventilation review for the twenty-four condominium units referred to as units S, T, and V (Phase IV)_ which previously received exterior approval in Certification of Compliance 4CO306-4 dated September 15, 1980, located off Grandview 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 drawing no. P-5 and P-6 each dated September 30, 1980, prepared by Donald L. Hamlin for the floor layouts and which have been stamped "Approved" by the Division of Protection, and on the plumbing plans prepared by Wiemann-Lamphere on March 6, 1979 and revised on March 25, 1979 and which were approved by the Division of Protection in Certification of Compliance 4CO306-1A dated August 8, 1979. 2. A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 3. The applicant is reminded that all plumbing material and workmanship must meet the standards of the Vermont Health Regulations, Chapter-5, Subchapter 15, Plumbing; the National Plumbing Code; and the requirements of the Vermont Fire Prevention Section of the Department of Labor and Industry. 4. Upon completion of the rough -in for the waste plumbing, and prior to said plumbing being covered or closed -in, the Agency of Environmental Conservation is to be contacted so that we may have the opportunity to inspect the workmanship. Flanders, Hickok & Boardman Certification of Compliance Page 2 5. This Certification of Compliance is to be attached to and be made a part of Certification 4CO306-4 dated September 15, 1980. FOR THE DIVISION OF PROTECTION Ernest P. Christianson, Regional Engineer lsw Dated at Essex Junction, Vermont, this 16th day of Octob er, 1980. cc Mr. P. Howard Flanders Ms. Susan Cain Donald Hamlin Engineers Wiemann-Lamphere Architects Fire Prevention Section Department of Health South Burlington Planning Commission State of Vermont CASE No. 4C0306 APPLICANT ADDRESS LAND USE PERMIT LAWS/REGULATIONS INVOLVED Flanders Lumber Company/Hickok and 10 VSA, Chapter 151 (Act 250) Boardman and Vermont State Board 346 Shelburne Street of Health Regulations, Chapter Burlington, VT 05401 5, Sanitary Engineering District Environmental Commission IV hereby issues a Land Use Permit pursuant to the authority vested in it in 10 VSA, Chapter 151. The permittee's legal interest in the property subject to this permit is described in a Sales Agreement dated January 14, 1978 between Howard H. Brand of South Burlington, Vermont and Hickok and Board- man Realty, Inc., and Flanders Lumber and Building Supply, Inc., of Essex Junction, Vermont. This Land Use Permit is to be recorded against the interests which the permittee will have in the tracts of land described in'the Sales Agreement upon transfer of the deed from Howard H. Brand. This permit specifically authorizes the permittee to construct 150 wood frame condominium units on the Howard Brand property at the southeast corner of the Kennedy Drive and Dorset Streets intersection in South Burlington, Vermont. The permittee, his assigns and successors in interest are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law 4C0306, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. 2. By acceptance of the issuance of this permit without appeal, the permittee confirms and agrees for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding.upon and enforceable against the permittee, and all assigns and successors in interest. 3. This permit hereby incorporates all of the conditions of the Certification of Compliance 4C0306, issued on July 28, 1978 by the Regional Engineer, Division of Protection, Agency of Environ- mental Conservation in compliance with Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering. 4. Each condominium unit shall include reduced flow shower heads and sink faucets, as well as low flush toilets. S. The project is approved for 88 units - Phase I and Phase II. Before construction of additional units, this Land Use Permit must be amended to include a Certification of Compliance for any additional units as issued by the Regional Engineer. 6. The contract engineer will be responsible for ensuring that the drainage pipes that are to be installed for the storm sewer system are installed utilizing proper erosion control techniques. The contract will state that the contractor will be responsible for a $5,000 penalty payable to the State of Vermont if the District Environmental Commission determines that excessive erosion occurs during the installation of the pipes. 7. A pre -construction conference will be held with the contractor, the developer, and a representative from the Protection Division of the Agency of Environmental Conservation to ensure that all of the erosion control measures that are to be installed are fully understood by all parties involved. 8. The project will be landscaped as outlined on Exhibit #15 "Proposed Landscape and Grading Plan" as revised on May 18, 1978. 9. Exterior lighting will be McPhilben Mercury Vapor Architectural Pole Lights (or equivalent) with rectangular grills. 10. The structures will be insulated to achieve a minimum R value of 19 in the walls and 38 in the ceilings. 11. All construction on this project must be completed by August 10, 1982. 12. This permit shall expire on August 10, 1998 unless extended by the District Commission. Dated at Montpelier, Vermont this llth day of August, 1978. BY For the Distr'c Commission Members participating in this decision: Duncan Brown Issac Stokes STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #4 RE: Flanders Lumber Company/ ) Application #4C0306 Hickok and Boardman ) Findings of Fact and 346 Shelburne Street ) Conclusions of Law Burlington, VT 05401 ) 10 VSA, Chapter 151 (Act 250) On January 17, 1978 an application for an Act 250 permit was filed by Flanders Lumber Company and Hickok and Boardman Real Estate, 346 Shelburne Street, Burlington, Vermont for a project generally described as the development of 150 wood frame condominium units on the Howard Brand property at the southeast corner of Kennedy Drive and Dorset Street intersection in South Burlington, Vermont. The tract of land consists of 28.74 acres with 28.74 acres involve( in the project area. The applicant's legal interest is an option to purchase from Howard Brand. Under Act 250 projects are reviewed based on the 10 environmental criteria of 10 VSA, 86086(a) 1-10. Before granting a permit, the Board or District Commission must find that the project compliea with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and con- clusions'of law. The facts we have relied upon are contained in the documents on file identified as Exhibits 1 through 30, and the evidence received at public hearings held on April 25, 1978, May 8, 1978 and June 19, 1978. Parties to this application are: (A) The Applicant by Roger Curtis, Ramon Lawrence, W.D. Flanders, James Lamphere, and Leonard Lamoureux. (B) The Municipal Planning Commission by Stephen Page. (C) The Regional Planning Commission by Douglas Whitney. (D) Agency of Environmental Conservation by Stephen Sease, Russell Reay, James Sairs and Charles Ratte. In making the following findings, we have summarized the statutory language of the 10 criteria of 10 VSA, S6086(a): 1. There will be no undue water or air pollution: A. Headwaters - the project will meet Water Resources f, -2- Department regulations for storm water runoff. This runoff should not be significantly different from that which currently runs off other city streets or parking lots of a similar size. B. A Certification of Compliance has been issued by the Regional Engineer of the Agency of Environmental Conserva- tion for Phase I and II or 88 condominium units. Addition• al units will be certified as sewage capacity becomes available. (See Exhibit #31). C. Water Conservation - reduccd flow shower heads and sink faucets, as well as water saving toilets will be installed in each condominium unit. D. Floodways - because of the increased storm water runoff from this project, the 10 year floodstage will be increase( only slightly downstream. (See Exhibit #2). This increased runoff in volume is 15 cubic feet per second. E. The stream will be altered and channelized as outlined on the revised site plan dated June 6, 1978. (See Exhibit #9). This channelization and addition of rip rap and other stabilizing materials, although it will alter the natural condition of the stream, will stabilize the banks and channel and prevent further side -cutting and erosion. The net result should be the elimination of the bank slumping that has been a continued problem on the south branch of Potash Brook. F. Shorelines - N/A. 2-3 There is sufficient water available and no existing water supply will be unreasonably burdened: A. The City of South Burlington has approved the connection of these units to its water system. 4. There will be no unreasonable soil erosion or effects on the capacity of the land to hold water: A. The steep banks surrounding this site will be protected from erosion by the following resources: 1. A berm will be constructed at the top of the bank at elevation 295' to retain surface runoff. The berm will be 3 to 6' high. 2. Steps will be constructed from the housing units to the South Branch of Potash Brook in two locations to provide pedestrian access to the lower part of the property. The steps will be constructed of rail- road ties and crushed stone. -3- 3. At the start of construction, snow fences will be erected at the top of the banks to prevent disturbance of the banks during construction activities. 4. All holes for the trees that are to be planted on the steep banks will be dug by hand. 5. Rip rap will be installed on the banks as indicated on Exhibit #9. 6. The contract engineer will be responsible for insuring that the drainage pipes that are to be installed for the storm sewer system are installed utilizing proper erosion control measures. The contract will state that the contractor will be responsible for a $5,000 penalty if the District Commission determines that excessive erosion occurs during installation of the pipes. B. A pre -construction conference will be held with the contractor, the developer, and a representative -from the Agency of Environmental Conservation to ensure that all of the erosion control measures that are to be installed are fully understood by all parties involved. C. Soil borings on the site indicate that there are no voids caused by springs beneath the area of construction and the site will be able to support the weight of these structures. (See Exhibit #21). D. Red -osier will be planted along the South Branch of Potash Brook from Point A to Point B as an erosion control measure during construction. (See Exhibit #9). 5. This project will not cause unreasonable safety or congestion conditions with respect to highways or other means of trans- portation: A. The road through the development will be paved and curbed and will become a city street when it is completed to town specifications. The street will run from Dorset to Twin Oaks Terrace and will provide an alternate access to Twin Oaks Tennis Center. B. Sight distances at the intersection of the development road and Dorset Street are well above state minimums. C. Sidewalks within the development and along the road to Dorset Street will be provided for safe pedestrian travel. (see Exhibit #9) 6-7 There will be no unreasonable burdens on educational or other municipal services: A. Education - the Superintendant of the South Burlington e -4- School System believes that this proposal for 150 condominiums will not place an unreasonable burden on the local school system. (See Exhibit #8). B. Municipal Services - 1. The City has approved the water connection, as well as the sewer connections for 88 units (Phases I and II 2. The Fire Department will be capable of providing #djquate fire protection for this project (See Exhibit 3. Because the Police Chief of South Burlington feels that his department is understaffed and underequipped, he feels that this or any new development in the town will over -tax the ability of his department to provide adequate police protection. (See Exhibit #7). 8. There will be no undue adverse effects on aesthetics, scenic beauty, historic sites or natural areas: A. No historic sites, natural areas, or critical wildlife habitat have been identified in this area. B. The area will be landscaped as outlined on Exhibit #15 "Proposed Landscape and Grading Plan" as revised on May 18, 1978. 1. Species and sizes of the trees to be planted are limited to those on the Planting Schedule as con- tained on this exhibit. 2. The Landscape Architect for the Agency of Environ- mental Conservation as well as the Environmental Advise feel that this landscaping plan will provide adequate screening in a period of 5 to 10 years. 3. The option of screening the site with plantings within the Interstate Highway right-of-way was deemed to be a less effective method of softening the visual impact of this project, according to the Environ- mental Advisor (See Exhibit #29). 4. Exterior lighting will be McPhilben Mercury Vapor Architectural Pole Lights or equivalent (with rectangular grills) as outlined on Exhibit #25. 5. The buildings will be two story wood frame structures with cedar shingle siding. They will be allowed to weather naturally. 9. The project is in conformance with the Capability and Development Plan: r A. Impact of Growth - the City of South Burlington has -5- approved this development, which indicates that the proposal would not affect the municipalities ability to provide municipal services. B. Primary Agricultural Soils - this is a relatively small piece of property within a suburban area that is of a size that is not large enough to contribute to an economic agricultural operation. F. Energy Conservation - the buildings will be insulated to achieve an R value of 38 in the ceilings and 19 in the .walls. In addition, all windows will be thermopane and storm doors will be included. Water saving faucets, shower heads and water closet will also be installed in each unit. J. Public utility services - Green Mountain Power Corporation has indicated that it can adequately provide power for this development. (See Exhibit #22). K. Development affecting public investments - the land- sc.aping plan should, in a few years, adequately screen the project from the Interstate Highway. Subcriteria C, D, E, G, H, and L were deemed not applicable. 0. The project is in conformance with the local and regional plans: The South Burlington Planning Commission has approved this project and their Zoning Administrator indicated that it is in conformance with the town plan. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0306 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 VSA 96086(a) and that, pursuant to such section, a permit is therefore issued. Dated at Montpelier, Vermont this llth day of August, 1978. BY., Peter B.-Meyef` Environmental Coordinator v For the District #4 Commission Members participating in this decision: Duncan Brown Issac Stokes ` AUG1 197; STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE Re: 4C0306 ) Certified to comply with Vermont Flanders Lumber Company ) State Board of Health Regulations, 34 Park Street ) Chapter 5, Sanitary Engineering Essex, Junction, VT 05452 ) This project, consisting of an 88 unit condominium complex on Old Brand Farm, corner of Kennedy Drive and Dorset Streets, South Burlington, Vermont, is hereb,,% certified to satisfy the requirements of the regulations named above if the following conditions are met: (1) The project must be completed as shown on the plans prepared by Donald L. Hamlin, P.E. on April 3, 1978 and which have been stamped "approved" by the Division of Environmental Engineering, (2) These plans have been approved and no alteration of same shall be allowed except where written application has been made to the Agency of Environ- mental Conservation and approval obtained. (3) A copy of the approved plans and the Land Use Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (4) This approval is limited to Phase I and Phase II of the proposed project consisting Of 88 units, FOR THE DIVISION OF PROTECTION Paul Duchesneau, Regional Engineer Dated at Essex Junction, Vermont this 28th day of July, 1978, State of Vermont LAND USE PERMIT AMENDMENT CASE No. 4CO306-7 APPLICANT Flanders/Boardman ADDRESS 246 Shelburne Street Burlington, Vermont 05401 RECEIVED JI+AJ 19 1984 MANArlC171• so, f?'"S CpFJc LAWS/REGULAhONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Protection Rules; Chapter 4, Public Buildings, Chapter 7, Sewage Disposal, Chapter 8, Water Supply District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0306-7 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 146, Pages 304-305 of the land records of the City of South Burlington, Vermont, as the subject of a deed to Flanders/Boardman, the "permittee" as "grantee". This permit specifically authorizes the permittee to construct Phase III of a previously approved 150 unit condominium project. Phase III consists of 32 condominium units with related parking and driveways and will be serviced by municipal water and sewer. Grandview Condominiums are located off of Kennedy Drive and adjacent to I-89 in South Burlington, Vermont. The permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law #4C0306-7, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance. with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittee confirms and agrees for itself and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and.enforceable against the permittee and all assigns and successors in interest. 3. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file .an affidavit certifying that the project is being completed in accordance with the terms of the permit. - 4C0306-7 Land Use Permit Amendment Page 2 4. This permit hereby incorporates all of the conditions of the Certification of Compliance #4C0306-7 issued on June 41.1984 by the Assistant District Administrator, Division of Protection, Agency of Environmental Conservation in compliance with Vermont Environmental Protection Rules; Chapter 4, Public Buildings, Chapter 7, Sewage Disposal and Chapter 8, Water Supply. Conditions #1 - 7 of said Certification are as follows: 1. The project must be completed as shown on the exterior sanitary plans prepared by Donald L. Hamlin, dated February 6, 1984, Drawing No. III-1, Site Plan, and No III-2, Construction Typicals and Details, and which have been stamped "APPROVED" by the Division of Protection. No alterations 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 remain on the project during all phases of construction and,. upon request, shall be made available for inspection by State or local personnel. 3. The project is approved for exterior sewer line and water line work only. No interior plumbing work will be allowed until plans for such work have been submitted and approval obtained. 4. The project is approved to connect to the City of South Burlington municipal sewer system and water supply only. No other means of sewage or obtaining potable water will be permitted without first receiving written authorization from the Agency of Environmental Conservation. 5. The construction of the sewer and water lines shall be in accordance with the approved plans and specifications and conditions of the approval letter. A professional engineer shall inspect the construction work on the sewer and water lines and upon completion of construction but prior to occupancy of the building shall submit written certification to the Division of Protection that the construction was completed and located in accordance with the approved plans. 6. As part of the engineer's certification of construction mentioned in Condition #6 above, the engineer shall submit a copy of the results of leakage tests on the sewer line to the Division of Protection for approval. 7. Prior to the occupancy of the building, a bacteriological and chemical analysis as prepared by the Department of Health shall be submitted to the Protection Division to show the water is safe for human consumption. 4C0306-7 Land Use Permit Amendment Page 3 5. The permittee and all assigns and successors in interest shall install and maintain water -conserving plumbing fixtures in all residences, including but not limited to low -flush toilets, low -flow showerheads, and aerator -type or flow -restricted faucets. All leases and/or Condominium Bylaws for said units shall require the maintenance of the same. 6. The condominiums approved herein shall be constructed with insulation with an R-Value of at least R-19 in the exterior walls, at least R=38 in the roof or cap, at least R-10 around the foundation or slab, double glazed windows and insulated doors and electric storage heat units with at least 4 kilowatts of storage. 7. The permittee and the homeowners association shall continually maintain the landscaping substantially as approved in Exhibits #9, #24 and #23 by replacing any dead or diseased plantings as soon as seasonably possible. Prior to commencement of construction the applicant shall establish a $5,000 escrow account with the District Environmental Commission for the cost of replacing and landscaping. This escrow account with interest shall be returned to the applicant if, after a 15 year period the Commission find the landscaping sufficient. 8. The Commission reserves the right to evaluate and impose additional conditions with respect to landscaping and screening. The Commission reserves this right for a period of time commencing this date and expiring May 31, 1999. 9. The permittee shall comply with Exhibits #6A, #8A and #12 for erosion control. Hay bale dams, jute matting and snowfencing shall be installed as depicted on the plans prior to commencement of construction and within 24 hours of grading of the drainage swales. The permittee shall prevent the transport of any eroded sediment beyond that area necessary for construction. From October 1 to April 15 of any calendar year', all non -vegetated disturbed areas of the construction site shall be mulched until final vegetative cover is established. All erosion control devices shall be periodically cleaned, replaced, and maintained until vegetation is permanently established on all slopes and disturbed areas. The Commission reserves the right to schedule hearings and site inspections to review erosion control, and to evaluate and impose additional conditions with respect to erosion control, as they deem necessary. 10. The permittee shall incorporate all erosion controls set forth in Exhibits #6A, #8A and #12 in the contract documents for site work and shall submit a copy to the District Environmental Commission prior to commencement of any site work. 11. The permittee and the homeowners association shall comply with all of the terms and conditions of the Temporary Pollution Permit, Exhibit #21, and shall construct, operate and maintain the system as approved in Exhibits #12, #6A, #7A and #8A. f 4CO306-7 Land Use Permit Amendment Page 4 12. All outdoor lighting shall be installed or shielded in such a manner as to conceal light sources and reflector surfaces from view substantially beyond the perimeter of the area to be illuminated. 13. Each prospective purchaser of any condominium shall be shown a copy of the approved plot plan, the Certification of Compliance, and the Land Use Permit before any written contract of sale is entered into. 14. All construction on this project must be completed by May 31, 1985. 15. This permit shall expire on September 18, 2000, unless extended by the District Commission. 16. Notwithstanding, this permit shall expire one year from date of issuance if the permittee has not demonstrated an intention to proceed with the project. 17. Failure to comply with any of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. §6090(b). Dated at Essex Junction, Vermont, this Ji� day of�!!/IIQi , 1984. BY Katherine M. Vose Environmental Board Coordinator for the District Commission #4 Commissioners participating in%this decision: Lincoln Brownell, Chairman Helen B. Lawrence bk STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4CO306-7 (Phase III) Flanders/Boardman Partnership 346 Shelburne Street Burlington, Vermont 05401 Certified to Comply with Environmental Protection Rules: Chapter 4 - Public Buildings Chapter 7 - Sewage Disposal Chapter 8 - Water Supply EXTERIOR WATER & SANITARY APPROVAL ONLY This project, consisting of the construction of condominium units, identified as Group O,P,Q, & R, Phase III, to be known as Grandview Condominiums located off Grandview Drive, South Burlington, Vermont, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are met: (1) The project must be completed as shown on the plans prepared by Donald H. Hamlin, dated February 6, 1984, Drawing No. III-1, Site Plan, and No. III-2, Construction Typicals and Details, 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 remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The project is approved for exterior sewer line and water line work only. No interior plumbing work will be allowed until plans for such work have been submitted and approval obtained. (4) The project is approved to connect to the City of South Burlington municipal sewer system and water supply only. No other means of sewage or obtaining potable water will be permitted without first receiving written authorization from the Agency of Environmental Conservation. (5) The construction of -.the sewer and water lines shall be in accordance with the approved plans and specifications and condition of the approval letter.- A professional engineer shall inspect the construction work on the sewer and water lines and upon completion of construction but prior the occupancy of the building shall submit written certification to the Division of Protection that the construction was completed and located in accordance with the approved plans. Certification of Compliance: 4C0306-7, Phase III, Grandview (6) As part of the engineer's certification of construction mentioned in Condition #6 above, the engineer shall submit a copy of the results of leakage tests on the sewer line to the Division of Protection for approval. (7) Prior to the occupancy of the building, a bacteriological and chemical analysis as prepared by the Department of Health shall be submitted to the Protection Division to show the well water is safe for human consumption. Dated in Essex Junction, Vermont, this 4th day of June, 1984. FOR THE DIVISION OF PROTECTION --/Y( EAM )�� cl'a,4-4 Mary K. Clark / Assistant District Administrator Ernest P. Christianson District Administrator cc: Donald Robisky Planning Commission Katherine Vose Donald L. Hamlin STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION RE: Flanders/Boardman Amendment Application 346 Shelburne Street Findings of Fact and Burlington, Vermont 05401 Conclusions of Law and 10 V.S.A., Chapter 151 I. INTRODUCTION #4CO306-7 Order (Act 250) On March 19, 1984, an application for an Act 250 permit amendment was filed by Flanders/Boardman of 346 Shelburne Street, Burlington Vermont for a project generally described as the construction of Phase III of a previously approved 150 unit condominium project. Phase III consists of 32 condominium units with related parking an( driveways and will be serviced by municipal water and sewer. Grandview Condominiums are located off of Kennedy Drive and adjacei to I-89 in South Burlington, Vermont. The tract of land consists of 28.7 acres with 6.6 acres involved in the project area. The applicant's legal interest is ownership in fee simple. Under Act 250, projects are reviewed based on the 10 criteria of 10 V.S.A., §6086(a) 1-10. Before granting a permit, the Board or District Commission must find that the project complies with these criteria and is not detrimental to the public health, safety or general welfare. Decisions must be stated conclusions of law. The in the documents on file and the evidence received The Commission conducted end tof the final hearing, submission of additional adjourned on June 4, 1984 information . in the form of findings of fact and facts we have relied upon are contained identified as Exhibits #1 through #25, at a hearing held on April 17, 1984. a site visit on April 6, 1984. At the the proceeding was recessed pending information. The hearing was finally upon receipt of all of this additional Parties to this application who attended the hearing are: (A) The Applicants by Leigh Prescott of Flanders/Boardman; Leonard Lamoureux of Donald L. Hamlin, Consulting Engineers, Inc.; and Scott Tower of 4 Seasons Garden Center. (B) David Lamont of the Vermont Public Service Department. (C) The Entry of Appearance and Pre -hearing Comments filed by Dana Cole -Levesque, of the Agency of Environ- mental Conservation were entered into the record. 4C0306-7 Findings of Fact and Conclusions of Law and Order Page 2 II FINDINGS OF FACT In making the following findings, we have summarized the statutory language of the 10 Criteria of 10 V.S.A. §6086(a): SECTION 6086(a)(1) WATER AND AIR POLLUTION: The Commission finds that this project will not result in undue air or water pollution. This finding depends on and is supported by the findings noted under the subsections of this criterion. SECTION 6086(a)(1) AIR POLLUTION: The Commission finds that this project will not result in undue air pollution. This finding depends on and is supported by the following: 1. There will be no process emissions, noxious odors or noise pollution from this project (Exhibit #12). 2. The condominium units will be heated with electricity, which will not cause undue air pollution (Exhibit #12). 3. The project will add 51 parking spaces bringing the total number of parking spaces within the Grandview project to 249 (Exhibit #12). SECTION 6086 (a) (1) (A) HEADWATERS: The Commission finds that this project is not in a headwaters area as defined by this section because the site is not characterized by by steep slopes and shallow soils and is located in an urban area SECTION 6086 (a) (1) (B) WASTE DISPOSAL: The Commission finds that this project will meet applicable Division of Protection Regulations and will not result in the the injection of waste materials or harmful or toxic substances into groundwater or wells. This finding depends on and is supported by the fo'llowing: 1. The estimated 9600 gallons per day of sanitary wastes will be disposed of through connection to a municipal treatment plant. The South Burlington City Planner confirmed the allocation of treatment plant capacity in.1983 and this 4CO306-7 Findings of Fact and Conclusions of Law and Order Page 3 allocation has been extended and is available for Phase III (Exhibits #13 and #14). A Certification of Compliance has been issued which the Commission accepts as evidence that the disposal of wastes meets the applicable Environmental Protection Rules for connection to a municipal treatment plant and will not result in undue water pollution. (Exhibit #25). 2. Stormwater runoff from the parking lots and roofs will flow overland into grassed and stonelined swales in which the majority of stormwater will be filtered and absorbed into the soils or will be collected in catch basins designed to remove floatable and settleable solids. Where stormwater will discharge into Potash Brook to store filled outfalls will be constructed (Exhibits #12, #6A, #7A and #8A). A draft Temporary Pollution Permit has been issued which the Commission accepts as evidence that the project complies with applicable Water Resources Department Regulations (Exhibit #21) and the Commission will require that the applicant comply with the terms of the permit. SECTION 6086 (a) (1) (C) WATER CONSERVATION: The Commission finds that this project utilizes the best available technology for water conservation in residential construction. The finding depends on and is supported by the following: 1. Water conserving plumbing fixtures including flow restricting faucets, low -flow showerheads, and low -flush toilets have been specified for these units. (Exhibit #12) The applicant is required by the covenants to require the maintenance of these fixtures (testimony of applicant). SECTION 6086(a)(1)(D) FLOODWAYS: 1. The Commission finds that the construction of stormwater outfalls which are located within the 100-year floodway of Potash Brook will not restrict or divert the flow of floodwaters and endanger the health, safety, or welfare of the public or"riparian owners during flooding or significantly increase the peak discharge of Potash Brook because the construction of Phase III will not increase the estimated stormwater runoff volume beyond the 15 cfs reviewed and approved in Land Use Permit #4C0306. 4CO306-7 ) Findings of Fact and Conclusions of Law and Order Page 4 SECTION 6086 (a) (1) (E) STREAMS: The Commission finds that Phase III has been designed to maintain the natural condition of the stream and will not endanger the health, safety or welfare of the public or adjoining landowners because no structures will be located beyond the top of the bank of the ravine in which is stream flows and because the work to be done alongside and in the stream bed is designed to prevent erosion (Exhibit #6A and #12). SECTION 6086 (a) (1) (F) SHORELINES: The Commission finds that this project will not be located on a shoreline. SECTION 6086(a)(2 & 3) WATER AVAILABILITY & IMPACT ON EXISTING SUPPLY: The Commission finds that there is sufficient water available to meet the needs of Phase III and that this project will not place an unreasonable burden on an existing supply because the 2,600 gallons of water per day required by Phase III is within the allocation approved in Exhibit #5 of Land Use Permit #4C0306. SECTION 6086(a)(4) SOIL EROSION & THE CAPACITY OF THE LAND TO HOLD WATER: $.he Commission finds that the construction of Phase III, if completed as approved, will not cause unreasonable soil erosion or a reduction in the capacity of the land to hold water. This - inding depends on and is supported by the following: 1. The project site is relatively flat in the area of building construction and then slopes steeply to Potash Brook (Exhibit #6A). 2. Temporary soil erosion controls are depicted on Exhibits #6A and #8A. They consist of anchored hay bales around catch basins, hay bales stacked 30' on center and continuous jute matting within the drainage swale from parkin% Lot H to the stream, continuous sections of -snowfence.and hay bales along the top of bank and bottom of fill,'undisturbed heavy grass growth on the undisturbed slopes and along the stream (Exhibit #12), and the construction seeding and mulching, the sequence outlined on Exhibit #8A. The contract documents for site work will require that no equipment go beyond the top of the bank and will include a $5,000 penalty clause if the requirement is violated (testimony of applicant). 4C0306-7 ) Findings of Fact and Conclusions of Law and Order Page 5 3. Permanent erosion controls consist of stormwater system and landscaping. The District Conservationist has reviewed the erosion control plans and has stated that there should be no excess erosion or sediment problems when these plans are implemented (Exhibit #19). SECTION 6086 (a) (5) TRANSPORTATION: The Commission finds that Phase III will not cause unreasonable congestion or unsafe conditions with respect to transportation. This finding depends on and is supported by the following: 1. The total project average of 1.7 parking spaces per unit will be adequate for the demands of the project and the homeowners association will be responsible for the allocation of these spaces (testimony of applicant). 2. The road servicing Phase III has been constructed and the estimated daily traffic from Phase III will be within the traffic estimate reviewed and approved in Land Use Permit #4C0306 (Exhibit #12). SECTION 6086(a)(6 & 7) EDUCATIONAL & MUNICIPAL SERVICES: The Commission finds that Phase III will not place an unreasonable burden on the ability of the municipality to provide educational, municipal or governmental services. This finding depends on and is supported by the following: 1. The Commission finds that the ability of the South Burlington School District to service the school -aged children from the total Grandview project was affirmed in Exhibit #8 of Land Use Permit #4C0306. 2. The South Burlington Fire Chief and Police Chief have stated that the services of their respective departments can be provided to Phase III (Exhibits #16 and #20). SECTION 6086(a)(8) AESTHETICS, SCENIC BEAUTY, HISTORIC SITES & NATURAL AREAS: The Commission finds that the project will not have an undue adverse effect on the scenic or natural beauty of -the area, aesthetics, historic sites, or rare and irreplaceable natural areas. This finding depends on and is supported by the following; 1. Historic sites, necessary wildlife habitat and rare and irreplaceable natural areas were covered in Findings of Fact #4C0306. 4C0306-7 Findings of Fact and Conclusions of Law and Order Page 6 2. The units in Phase III will be constructed of the same materials and design as the existing units, power is located underground and no new signs will be installed. 3. Exterior lighting will consist of cut-off luminaires as depicted on Exhibit #15. All fixtures will have concealed light sources. 4. Based on the site visit and observations from I-89 and Kennedy Drive the Commission finds that the screening of the earlier phases of Grandview is inadequate. The buildings are virtually bare and unobstructed when seen by visitors to our State and Vermonters traveling along I-89, one of the State's most scenic and heavily travelled arteries. This is in contrast to other well screened developments nearby. In granting prior approvals to Grandview the Commission reserved jurisdiction over aesthetic matters in the event that the planting proved insufficient after being installed. The Commission is aware that small trees take time to grow. But it finds that in this case those trees were too small and too sparse, with the result that.the entire project currently falls below the aesthetic standards required by Criterion 8. The Commission will require the installation of substantial additional planting for the purpose of screening the project from I-89 and Kennedy Drive. The applicant has presented new plans (Exhibit #9) which the Commission will require be carried out before any new buildings may be occupied, and continuously maintained. The Commission will retain jurisdiction over the landscaping of all four phases of the project, and may reopen the matter on its own motion if it is not satisfied in the future with the results of the current proposal for additional screening. It will also require a $5,000. financial guaranty for a term of fifteen years and continued maintenance by the applicant and/or the building owners association of all landscaping. On Exhibit #9 the applicant has delineated the existing vegetation and detailed two areas in which new white pines and red pines will be planted. The applicant is constrained from planting abundant screening by the topography of this area. The Commission will require that this landscaping be planted as soon as seasonally possible and no later than November of 1984. Phase III will be landscaped as depicted on Exhibit #24. 4CO306-7 Findings of Fact and Conclusions of Law and Order Page 7 Red and white pines will be planted as screening from I-89 with the size of the tree at the time of planting dependent upon the topography and ranging from 5'-6' to 10'-12' in height. Norway maples, 2" caliper, will be planted along the roadway, flowering crabapples will be planted as depicted in Exhibit #24. Exhibit #23 depicts existing and additional landscaping for Phase IV. The landscaping is guaranteed for one year and the continued maintenance will then become the responsibility of the homeowners association. The Commission considers I-89 to be an important scenic corridor and the landscaping will perform the important function of softening the visibility of this project from I-89. Therefore, the Commission will require that the applicant establish an escrow account to cover the cost of replacement of any dead or diseased plantings and will reserve this case regarding landscaping and visibility from I-89 and Kennedy Drive (a period of 15 years) if the proposed plans prove sufficient. SECTION 6086(a) (9) CONFORMANCE WITH THE CAPABILITY & DEVELOPMENT PLAN: The Commission finds that this project conforms to the capability and development plan. This finding depends on and is supported by the findings noted under the subsections of this criterion. The Commission finds that the construction of Phase III does not change Findings of Fact #4CO306 under subsections 9 (A) , (B) , (C) , (D) , (E) , (H) and (L) of this criterion. SECTION 6086(a) (9) (F) ENERGY CONSERVATION: The Commission finds that the planning and design of Phase III reflects the principles of energy conservation and incorporates the best available technology for the efficient use or recovery of energy. This finding depends on and is supported by the following: 1. The buildings will be constructed with an insulation "R" factor of at least R-19 in the walls, at least R-38 in the roof or cap, and at least R-10 in the foundation walls (Exhibit #12). Additional measures to conserve energy include double -glazed windows and insulated doors (testimony of applicant) . 2. The applicant and the Department of Public Service have examined the use of the electric storage heating units in the existing units (Exhibits #22 and #26) . The Commission will require that these units have systems with at least 4 kilowatts of storage. 4CO306-7 Findings of Fact and Conclusions of Law and Order Page 8 SECTION 6086 (a) (9) (G) PRIVATE UTILITY SERVICES: 1. The private utility proposed for the project is the stormwater system. The Commission will require that the applicant and the homeowners association maintain, repair and replace the stormwater system as required by the Temporary Pollution Permit. SECTION 6086 (a) (9) (J) PUBLIC UTILITY SERVICES: The Commission finds that utility service is available to this project, that an excessive or uneconomic demand will not be placed on such facilities or services, and that the provision of such services has been planned on the basis of a projection of reasonable population increase and economic growth. This finding depends on and is supported by the following: 1. The demand for electric service from the total Grandview project was reviewed and approved in Land Use Permit #4C0306, Exhibit #22. 2. The applicant has analyzed the on and off peak power consumption of the existing Grand view units and has concluded that there is little override demand (Exhibit #22) . SECTION 6086(a)(9)(K) DEVELOPMENT AFFECTING PUBLIC INVESTMENTS: The Commission finds that this project will not unnecessarily endanger the public investment or materially jeopardize or interfere with the public's use of I-89 because the view of the project from I-89 will be improved under the landscaping plans reviewed under criterion 8, above. SECTION 6086(a)(10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: The Commission finds that the construction of Phase III does not change Findings of Fact #4C0306 under this criterion. CONSTRUCTION ON COMPLETION & EXPIRATION DATES: The Commission shall assign permit expiration date to Phase III of September 18, 2000; the expiration date for Phase IV. 4CO306-7 Findings of Fact and Conclusions of Law and Order Page 9 III CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the application referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0306-7 will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A. §6086(a). IV ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit Amendment #4C0306-7 is hereby issued. Dated at Essex Junction, Vermont, thisJM day of qa4y- , 1984 BY Katherine M. Vose Environmental Board District #4 Coordinator Commissioners participating in this decision: 3 ,_, L Lincoln Brownell, Chairman Helen B. Lawrence bk State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council Susan Cain District Coordinator Ill (West Street Essex Oct., VT 05452 Dear Susan: CE91�' AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 DIVISION OF PROTECTION April 18, 1979 RE: Amendment Request #4C0306-1 The Agency of Environmental Conservation requests a hearing on the revised site plan of the above captioned project for Phases I and IT. This request is filed partly to give the Environmental Agency time to review the revised site plan. It appears to show units relocated closer to the edge of the embankments than the Agency had requested. The plan is, however, extremely detailed and hard to interpret. It does not show erosion control measures for the revised plan. A pre -construction conference is planned for the Agency and representatives of the applicant at the project site for 4:00 P.M. Friday, April 20th. The purpose of the pre -construction conference is to address the issues raised in conditions #6 and #7 in the land use permit issued on August 11, 1978 with regard to the original proposal. State Geologist Charles Ratte' met with Leonard Lamoreaux at the site of the proposed development on April 16th. The visit was unsatisfactory to the Agency. The revised site plan, and the seeming unfamiliarity of the applicant's personnel with the land use permit, caused the Agency to request the second pre -construction conference. A list of Geologist Ratte's requests for the site inspection is attached hereto. It should be noted that, while the Agency attempted to work with the developers on this application, the site proposed for construction is extremely sensitive to erosion. Because of its proximity to I-89, erosion control and sound construction techniques are also important with regard to criterion 8, aesthetics. At this point, the Agency is not prepared to report that construction on the project should be allowed to begin. SBS/sg cc: All Parties Enclosure ou s Try tt'uly� Ste f� n B. Sease, Administrator I Land Use and Development t State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council April 18, 1979 RE: #4C0306 Flanders Lumber Co., & Hickok & Boardman Grandview Condominiums South Burlington VT Montpelier, Vermont 05602 OFFICE OF THE SECRETARY Results of April 16, 1979 "Pre -Construction Conference" attended by Charles Ratte'. PIy comments on the above captioned matter are: 1. Should be a representative of Protection Division at the next pre -construction conference. 2. Must be a full set of plans at the pre -construction conference. 3. Conference must include Rodney Reynolds and his supervisor Brian Tuttle and the actual operator of the bulldozer. 4. The 2951 elevation should be staked out with sufficient definition so as to facilitate a convenient way of measuring the 251 "set -back" for each building at the bank crest. 'The snow fence must be in place at the top of the bank. The revised site plan should incorporate these concerns. 5. Some agreement must be reached concerning the construction of the berm (Item 4-A-1. Application #4C0306 - Findings of Fact). The berm should be AT THE TOP OF THE BANK, which in every case is not at the 295' elevation. The intention of the,berm is primarily to retain surface water runoff. During any storm water which is shed from the roof of buildings will induce runoff. The buildings are close to the bank and there must be some means of controlling this runoff. 6. Fill material beneath building "A" should be checked in a satisfactory manner to be assured that no stumps, etc., are present. Respectfully, C� Charles Ratte' State Geologist FIDE, m04D cow; State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 DIVISION OF PROTECTION Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council Susan Cain, Coordinator District Environmental Commission #4 111 (Vest Street Essex Junction, VT 05452 Dear Susan: April 26, 1979 RE: Grandview Condominiums #4C0306-1 This letterlwill confirm that a pre -construction conference and a site visit satisfactory to the Agency of Environmental Conservation was held on April 24, 1979 with representatives of the applicant in the above captioned matter. The Agency withdraws its request for a hearing on the revised site plan. The attached memorandum from State Geologist Charles Ratte' outlines the Agency's understanding of the agreements arrived at on April 24th. Respectfully submitted, Stephen B. Sease, Administrator Land Use and Development SBS/sb Attachment State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermout 05602 OFFICE OF TILE SECRETARY Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council MEMORANDUM TO: Stephen B. Sease, Administrator, Land Use and Development ' Q FROM: Charles A. Ratte', State Geologist �P� n ,�J t, SUBJECT: Agreements Reached At The Pre -construction Conference (April 24, 1979) With Principals Representing Grandview Condominiums - #4C0306-1 DATE: April 26, 1979 1. Building A given construction clearance as a result of a test boring indicating that natural subsoils (and not artificial fill), occur beneath this site. 2. Snow fence will be placed at a distance of approximately 2 feet inside the crest or inflection point along the bank of the entire project to prevent any disturbance of the existing, stabilized soils at this critical point. 3. At critical sites indicated and agreed upon with Mr. Rodney Reynolds a sediment retention berm will be constructed inside the snow fence to prevent overbank runoff, particularly during the construction phase. These. berms should be built with soil carried in to the site rather than disturbing the existing stabilized sod at the bank crest. The berms should be graded to slope toward the interior of the property, should follow consistently one elevation and then blend into the existing topography so as to prevent water concentration and channeliza.tion. The berms must be seeded, compacted and mulched immediately after construction. 4. Building H will be re -positioned 25' south of the present staked -out site to provide a greater buffer distance from the bank crest. 5. Units 7 & 8 of Building L will be relocated to the site of the existing farm house so as to avoid the bank crest at the west end of this site. CR/sg State of Vermont LAND USE PERMIT AMENDMENT CASE No. 4C0306-1 APPLICANT Hickok and Boardman ADDRESS Real Estate and Flanders Lumber Company C/o Roger Curtis & Lyndol Palin 346 Shelburne Street Burlington, VT 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings and Subchapter 15, Plumbing District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit a- mendment applies to the lands identified in Book 146, Pages 304-305 of the Land Records of South Burlington, Vermont as the subject of a deed to Flanders/Board- man, the "permittees" as grantees. This permit specifically authorizes the per- mittees to construct 90 units in Phases I and II, instead of 88, and to relocate several building clusters to improve access for fire protection in the Grandview Condominium development off of Kennedy Drive and Dorset Street in South Burling- ton. The permittees, their assigns and successors in interest are obligated by this permit to complete and maintain the project only as approved by the District Com- mission in accordance with the following conditions and the conditions of Land Use Permit #4C0306, except as amended herein: 1. The project shall be completed as set forth in Findings of Fact and Conclu- sions of Law #4C0306-1, in accordance with the plans and exhibits stamped "Ap- proved" and on file with the District Environmental Commission, and in accor- dance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the permit - tees, and all assigns and successors in interest. 3. This permit hereby incorporates all of the conditions of the Certification of Compliance #4C0306-1, issued on July 12, 1979, by the Assistant Regional Engin- eer, Division of Protection, Agency of Environmental Conservation in compliance with Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings and Subchapter 15, Plumbing. Conditions #5 & 6 of said Certification are as follows: (5) The building sewers are to have a minimum of k" per foot pitch and shall be set a minimum of 52 feet below ground level. (6) The pump station is not approved at this time. A separate Certification of Compliance will be issued for the lift station. Land Use Permit Ame. knt #4C0306-1 Page 2 4. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file a written statement certifying that the project is being completed in ac- cordance with the terms of the permit. 5. No construction involving the pump station shall be permitted until a Certifica- tion of Compliance for the same has been issued by the Regional Engineer. 6. The permittees shall comply witTz the agreements reached at the preconstruction conference with Charles Ratte, State Geologist, for erosion control as set forth in a memorandum dated April 26, 1979, labeled Exhibit 17, and attached hereto. 7. The District Environmental Commission reserves judgment on the requested changes in exterior lighting and the revised plans for the pump station at the foot of Twin Oaks Terrace. Neither the lighting nor the pump station are approved herein. No construction involvin- either is permitted until approved by the District En- vironmental Commission. 8. All construction on this project must be completed by August 10, 1982. 9. This permit shall expire on August 10, 1998, unless extended by the District Com- mission. Dated at Essex Junction, Vermont, this 12th day of July, 1979. Members participating in BY (J �� this decision: Susan 11. Cain, District Coordinator Duncan BrownFor the District #4 Commission Helen Lawrence STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE Re: 4C0306-1 ) Certified to comply with Vermont State Flanders/Hickok/Boardman ) Board of Health Regulations, Chapter 5, c/o Flanders Lumber Co. ) Sanitary Engineering, Subchapter 1, 34 Park Street ) Public Buildings and Subchapter 15, Essex Junction, Vermont 05452 } Plumbing This project, consisting of the construction of 90 condominium units known as "Grandview Condominiums, located off Kennedy Drive and Dorset Street in South Burlington, Vermont, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are met: (1) The project must be completed as shown on the plans prepared by Wiemann & Lamphere on March 6, 1979, and revised last on May 25, 1979, and which have been stamped "Subject to provisions or conditions listed in approval letter" 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 remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local Personnel. (3) All plumbing work is to be done in accordance with the approved plans and the National Plumbing Code. (4) This project is approved for Municipal water supply and sewage through facilities of the City of South Burlington. (5) The building sewers are to have a minimum of 1/4" per foot pitch and shall be set a minimum of 52 feet below ground level. (6) The pump station is not approved at this time. A separate Certification of Compliance will be issued for the lift station. FOR THE DIVISION OF PROTECTION Eric Blatt, t. Regional Engineer ESB/lsw Dated at Essex Junction, Vermont this 12th day of July, 1979. STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #4 RE: Flanders Lumber Company ) Amendment Application #4CO306-1 and ) Findings of Fact and Hickok & Boardman Real Estate ) Conclusions of Law "Grandview Condominiums" ) 10 VSA, Chapter 151 (Act 250) Dorset Street, South Burlington On April 13, 1979, an amendment application for an Act 250 permit amendment was filed by Flanders Lumber Company and Hickok & Boardman Real Estate, c/o Roger Curtis, 346 Shelburne,Street, Burlington, for an amendment to the pro- ject approved in Land Use Permit 774CO306, and generally described as the ad- dition of two condominium units to Phases I and II to toal 901 instead of 88, and the relocation of several building clusters to provide better access for fire protection. (These findings of fact do not reflect the applicants` sub- sequent requests to revise the exterior lighting or the pump station.) Based upon'a review of the application, a site inspection conducted on April 24, 1979, and the receipt of no adverse comments from any party, the District Environmental Commission finds that there will be no undue, unreasonable or adverse impacts resulting from the project as amended herein, under any of th 10 environmental criteria of 10 VSA, 06086(a) 1-10. It is, therefore, the conclusion of this District Environmental Commission that the project des�_iibed in the application referred to herein, if complete( and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit Amendment #4CO306-1, will not cause or re- sult in a detriment to the public health, safety or general welfare under the criteria described in 10 VSA, §6086(a) and that pursuant to such section, a permit is therefore issued. Dated at Essex Junction, Vermont, this 12th day of July, p1979. e Members participating in BY ��'� 11 this decision: Duncan Brown Helen Lawrence Susan H. Cain, District Coordinator For the District #4 Commission x State of Vermont i AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 OFFICE OF THE SECRETARY Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council MEMORANDUM TO: Stephen B. Sease, Administrator, Land Use and Development r !9 G, FROM: Charles A. Ratte', State Geologist� SUBJECT: Agreements Reached At The Pre -construction Conference (April 24, 1979) With Principals Representing Grandview Condominiums - #4CO306-1 DATE: April 26, 1979 CR/sg 1. Building A given construction clearance as a result of a test boring indicating that natural subsoils (and not artificial fill) occur beneath this site. 2. Snow fence will be placed at a distance of approximately 2 feet inside the crest or inflection point along the bank of the entire project to prevent any disturbance of the existing, stabilized soils at this critical point. 3. At critical sites indicated and agreed upon with Mr. Rodney Reynolds a sediment retention berm will be constructed inside the snow fence to prevent overbank runoff, particularly during the construction phase. These berms should be built with soil carried in to the site tather than disturbing the existing stabilized sod at the bank crest. The berms should be graded to slope toward the interior of the property, should follow consistently one elevation and then blend into the existing topography so as to prevent water concentration and channelization. The berms must be seeded, compacted and mulched immediately after construction. 4. Building H will be re -positioned 25' south of the present staked -out site to provide a greater buffer distance from the bank crest. 5. Units 7 & 8 of Building L will be relocated to the site of the existing farm house so as to avoid the bank crest at the west end of this site. APPROVED BY ENVIRONMENTAL BOARD DISTRI "_,"2 MENTAL OOMMI 881ON DATE // /7L/ BY C2rkJ APPROVAL SUEJI;CI` TO TERMS AND CONDITIONS OF FINDINGIS OF FACT AND CONCLUSIONS OF LAW AND LAND USE PERMIT / W,0,5�� DISTRICT COMMISSION IAPPLi , A,TION # EXHIBIT B 7 DATE: // WR. 2119'�� . { pu State of Vermont *2\1' fir' Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Flanders -Boardman Partnership 346 Shelburne Road So. Burlington, Vermont 05401 Gentlemen: AGENCY OF ENVIRONMENTAL CONSERVATION June 3, 1984 RE: 4C0306-7A Departtnent of Waler Resources and Environmental Engineering Essex Junction Regional Office III West Street Essex Junction, Vermont 05452 On behalf of the Department of Water Resources and Environmental Engineering of the Agency of Environmental Conservation, I acknowledge receipt of the application for certification of compliance for interior plumbing at 32 new condominium units at Grandview Condominiums, Dorset Street and Kennedy Drive, South Burlington. Based on our present workload, we anticipate review of your project in approximately 25 days. If you have not already done so, you should check with town officials regarding any local requirements you may need to meet. Meanwhile, if you have any questions, do not hesitate to contact this office at the phone/address above. Sincerely, & CJ�A Patricia Kent Protection Secretary cc: Town Planning Commission This letter fulfills the notice requirements of 18 V.S.A. -1218. STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4C0306-7 (Phase III) Flanders/Boardman Partnership 346 Shelburne Street Burlington, Vermont 05401 Certified to Comply with Environmental Protection Rules: Chapter 4 - Public Buildings Chapter 7 - Sewage Disposal Chapter 8 - Water Supply EXTERIOR WATER & SANITARY APPROVAL ONLY This project, consisting of the construction of condominium units, identified as Group O,P,Q, & R, Phase III, to be known as Grandview Condominiums located off Grandview Drive, South Burlington, Vermont, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are met: (1) The project must be completed as shown on the plans prepared by Donald H. Hamlin, dated February 6, 1984, Drawing No. III-1, Site Plan, and No. III-2, Construction Typicals and Details, 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 remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or Local personnel. (3) The project is approved for exterior sewer line and water line work only. No interior plumbing work will be allowed until plans for such work have been submitted and approval obtained. (4) The project is approved to connect to the City of South Burlington municipal sewer system and water supply only. No other means of sewage or obtaining potable water will be permitted without first receiving written authorization from the Agency of Environmental Conservation. (5) The construction of the sewer and water lines shall be in accordance with the approved plans and specifications and 'condition of the approval letter. A professional engineer shall inspect the construction work on the sewer and water lines and upon completion of construction but prior the occupancy of the building shall submit written certification to the Division of Protection that the construction was completed and located in accordance with the approved plans. Certification of Compliance: 4C0306-7, Phase III, Grandview (6) As part of the engineer's certification of construction mentioned in Condition #6 above, the engineer shall submit a copy of the results of leakage tests on the sewer line to the Division of Protection for approval. (7) Prior to the occupancy of the building, a bacteriological and chemical analysis as prepared by the Department of Health shall be submitted to the Protection Division to show the well water is safe for human consumption. Dated in Essex Junction, Vermont, this 4th day of June, 1984. FOR THE DIVISION OF PROTECTION Mary K. Clark Assistant District Administrator Ernest P. Christianson District Administrator cc: Donald Robisky Planning Commission Katherine Vose Donald L. Hamlin State of Vermont Department of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council AGENCY OF EN VIRON;NIENTAL CONSERVATION June 14, 1984 Flanders -Boardman Partnership 346 Shelburne Street South Burlington, Vermont 05401 Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 Rest Street Essex Junction, Vermont 05452 RE: 4C0306-7A, Grandview Condominiums, Building O,P,Q, and R Interior Plumbing Dear Sirs: Our office has completed an initial review of the above referenced project and have determined that the additional information listed below will be needed before approval can be granted. Please note that these comments concerning the interior waste and water distribution and ventilation plans were prepared by Mr. Robert Hood, Environmental Technician. (1) The 1 1/2 inch main water service into buildings O,P,Q, and R located below grade must have a ten foot horizontal separation distance from any nearby soil/waste line located below grade. (2) Cleanouts must be provided at the base of all 3 inch soil stacks. (3) Indicate where the hot water tank temperature -pressure relief valve will be discharged to and what the 3/4 inch P.R.V. discharge to 0/S means. I believe this would be the temperature -pressure relief valve discharge from the hot water tank, but it can not be approved discharging to the outside. (4) Submit exhaust ventilation plans for the bathrooms indicating the CFM of the fans and showing duct work to the outside air. r4C0306-7A, Initial Review, page 2 Upon receipt of the above items, we shall continue with our review. Should there be any further questions, please do not hesitate to contact me. Very truly yours, Z�4y K Clark Assistant District Administrator cc: Donald Hamlin Consulting Engineers City of South Burlington i State of. Vermont lb AGENCY OF ENVIRONMENTAL CONSERVATION Montpelier, Vermont 05602 DIVISION OF PROTECTION Depertment of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council ' MEMORANDUM TO: FROM: SUBJECT: September 4, 1980 District Environmental Commission No. 4 c/o Susan Cain, District Coordinator Stephen B. Sease, Administrato>' . Land Use & Development #4C0306-4, Grandview)Condominiums Phase IV - o urlington, VT The Agency of Environmental Conservation has reviewed additional erosion control information contained on a site plan for Phase IV dated 8/13/80 and revised on 8/22/80 together with information contained in a letter of trans- mittal dated 8/22/80 to the Agency of Environmental Conservation from Leonard Lamoureux on behalf of the applicant. As the enclosed memorandum makes clear, that plan.and information is an acceptable erosion control plan. The Agency requests, however, that the District Environmental Commission include the condition outlined in the attached memorandum with regard to the erosion control plan as part of any permit issued in this matter. SBS:psp Encl. CC: All parties State of- Vermont AGENCY OF ENVIRONMENTAL. CONSERVATION Montpelier, Vermont 05602 DIVISION OF PROTECTION Deportment of Fish and Game Department of Forests, Parks, and Recreation Department of Water Resources Division of Environmental Engineering Division of Environmental Protection Natural Resources Conservation Council M E M O R A N D U M TO: Stephen B. Sease, Administrator Land Use & Development D FROM: Dennis Bryer, P.E., Assistant pl Engineering Services SUBJECT: 4C0306-4, Grandview Condominiums - Phase*IV South Burlington, Vermont September 3, 1980 I have reviewed the plan and information most recently submitted for the referenced project for erosion and sedimentation control. The information submitted would be an acceptable erosion control plan; however, it is recommended that the Land Use Permit for the project contain the following condition with regard to the erosion control plan: a. All earthwork on tie project shall proceed in accordance with the erosion control plan, The construction sequence ana the Lrosion Control Specification indicated on the plan shall be strictly adhered to. Construction must be scheduled such that all disturbed areas are.seeded and mulched prior to October 1st. llB:gs State of Vermont LAND USE PERMIT AMENDMENT CASE No. 4C0306-4 LAWS/REGULATIONS INVOLVED APPLICANT Flanders/Boardman ADDRESS .346 Shelburne Street ) 10 VSA, Chapter 151 (Act 250) Burlington, VT 05401 ) and Vermont State Board of Health and ) Regulations, Chapter 5, Sanitary Grandview Acres Condominium Association) Engineering, Subchapter 1, Public c/o Randy White, President ) Buildings, EXTERIOR SEWER APPROVAL E-1 Grandview Drive ) ONLY, and Subchapter 15, Plumbing. South Burlington, VT 05401 District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit applies to the lands identified in Book 146, Pages 304-305 of the Land Records of South Burlington, Vermont, as the subject of a deed to Flanders/Boardman, the "permittees" as grantees. This permit also applies to lands owned by the Grandview Acres Condominium Association to the extent of their interest in the common areas and landscaping in Phase I. This permit specifically authorizes Flanders/Boardman to #1) revise the Phase I landscape plan as set forth in Exhibit #5, and #2) to revise the plans for.and to construct Phase IV consisting of 24 condominium units to be known as Southridge Condominiums, off of Grandview Drive in South Burlington, Vermont. The permittees, their assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Commission in accordance with the following conditions: 1. The project shall be completed as set forth in Findings of Fact and Conclusions of Law #4Co306-4, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Commission. 2. By acceptance of the conditions of this permit without appeal, the permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall ran with the land and the land uses herein permitted, and will be binding upon and enforceable against the permittees and all assigns and successors in interest. 3. This permit hereby incorporates conditions #147 of the Certification of Compliance #4Co306-4, issued on September 15, 1980, by the Assistant Regional Engineer, Divi- sion of Protection, Agency of Environmental Conservation, in compliance with Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Sub- chapter 1, Public Buildings, EXTERIOR SEWER APPROVAL ONLY, and Subchapter 15, Plumbing. Conditions #3 & #6 of said Certification are as follows: 3) This project is approved for exterior sewer line and water line work only. No interior plumbing work will be allowed until plans for such work have been submitted and approval obtained. Land Use Permit Amendment #4CO3o6-4 Page 2 i 6) Upon completion of the sewer lines, a copy of the results of leakage tests on the sewer lines must be submitted to this office. 4. The District Environmental Commission maintains continuing jurisdiction during the lifetime of the permit and may periodically require that the permit holder file an affidavit certifying that the project is being completed in accordance with the terms of the permit. 5. The permittees and all assigns and successors in interest including the Condomin- ium Associations, shall continually maintain the landscaping substantially as approved and amended by Exhibit #12-4, a memorandum dated June 16, 1980. The permittees shall replace any dead, diseased, or, dying plantings as soon as sea- sonably possible. 6. The landscape plan for Phase IV (Exhibit #19-4) is not approved herein. The Commission reserves judgment on it and may request a hearing to review it. 7. The permittees shall comply with Exhibits #5-4 and #20-4 (Plan lA revised August 21, 1980, and Plan 2 revised August 22, 1980) for erosion control. Hay bale dams and snow fence shall be installed as depicted on the plans prior to commence- ment of construction. All disturbed areas of the site shall be seeded with permanent seed as recommended by the Soil Conservation Service no later than October 1 or with dormant seed between November 1 and December 1 of any con- struction season. All disturbed areas must be seeded by either method no later than December 1. Immediately after seeding, mulch shall be applied and tied down with either twine or netting and shall be continually maintained until vegetation is established. 8. The permittees shall provide a copy of the Temporary Pollution Permit to the District Environmental Commission with any revised plans resulting from that review, prior to creating a stormwater discharge. 9. Exterior lighting shall be installed as approved in Land Use Permit #4C0306-2. 10. The per dttees shall reference the requirements and conditions imposed by Land Use Permits #4C0306 and #4C0306-4 in all deeds to said units. 11. All conditions of this permit shall apply to Flanders/'Boardman. Only condition #5 shall apply to the Grandview Acres Condominium Association as a successor in interest to the common areas and associated landscaping in Phase I. 12. The permittees shall apply and maintain calcium chloride on all roadways within the project during construction and until paved to control dust. 13. The permittees shall complete the erosion controls set forth in Exhibit #5 (Sheet 1A, revised August 21, 1980) for the Dorset Street entrance by October 1, 1980, and shall continually maintain the controls until the entrance is com- pleted. 14. All construction on Phase IV of this project must be completed by July 1, 1981. 15. This permit shall expire on September 18, 2000, unless extended by the District Commission. Land Use Permit Amendment WON6-4 Page 3 16. Notwithstanding, this permit shall expire one year from date of issuance if the permittees have not demonstrated an intention to proceed with the project. Dated at Essex Junction, Vermont, this 18th day of September, 1980. Members participating in this decision: Duncan Brown Helen Lawrence BY C= GCI� Susan H. Cain, District Coordinator For the District #4 Commission STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE CASE NO 4CO306-4 (Phase IV) ) Certified to comply -with Vermont Flanders, Hickok & Boardman State Board of Health. Regulations, c/o Flanders Lumber Company ) Chapter 5, Sanitary Engineering, 34 Park Street ) Subchapter 1, Public Buildings. and Essex Junction VT 05452 ) Subchapter 15, Plumbing (EXTERIOR SANITARY SEWER APPROVAL ONLY) This project, consisting of the construction of'24 condominium units, identified as units S, T and V, Phase IV, to be known as South Ridge Condominiums, located off of Grandview Drive, -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 exterior sanitary plans identi- fied as sheet 12 prepared by Donald L. Hamlin, dated ,July l5, 1980 and last revised on August 13, 1980, and which have been stamped 'Approved" by the Division of Protection. No alterations 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 remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 3. This project is approved for exterior sewer line and water line work only. No interior plumbing work will be allowed until plans for such work haye been submitted and approval obtained. 4. This project is approved for municipal water supply and sewage treatment through the facilities of the City of South Burlington. 5. The sewer lines shall be -installed in accordance with the approved plans and the Ten State Standards for Sewage Works, 6. Upon completion of the sewer lines, a copy of the results of leakage tests on the sewer lines must be submitted to this office, 7. The water lines shall be installed in accordance with the plans and specifi- cations approved by the Vermont Department of Health, lsw Dated at Essex Junction, Vermont, FOR THE DIVISION OFFPROTECTION this 15th day of September, 1980. cc Mr. P. Howard Flanders Eric Blatt, Assistant Regional Enginee r Mrs. Susan Cain Mr: Donald L. Hamlin Department of Health South Burlington Planning Commission STATE OF VERMONT DISTRICT ENVIRONMENTAL COYM11.3)ION #4 RE: Flanders/Boardman ) Amendment Application #4CO3o6-4 Southridge Condominiums ) Findings of Fact and Grandview Drive ) Conclusions of Law South Burlington, Vermont ) 10 VSA, Chapter 151 (Act 250) On July 22, 1980, an amendment application for an Act 250 permit was filed by Flanders/Boardman, 346 Shelburne Street, Burlington, Vermont, for a project generally described as the relocation of clusters in Phase IV, to consist of 24 units and to be known as Southridge Condominiums. Specifically, the applicants are requesting approval of the water and sewer plans to satisfy Condition #5 of Land Use Permit #4C0306, dated August 11, 1978. Also being amended in this application is the species of landscaping for Phase I as set forth in a memorandum from the Coor- dinator dated June 16, 1980. (Exhibit #12-4) Under Act 250, projects are reviewed based on the 10 environmental cri- teria of 10 VSA, §6086(a) 1-10. Before granting a permit, the Board or District Commission must find that the project complies with these cri- teria and is not detrimental to the public health, safety or general welfare. Decisions must be stated in the form of findings of fact and conclusions of law. The facts we have relied upon are contained in the documents on file identified as Exhibits #1 through #20. Parties to this application are the same as for the original application, #4C0306. A pre -construc- tion conference was held on July 8, 1980, with the Agency of Environmental Conservation present and represented by Stephen Sease and Charles Ratte: In making the following findings, we have summarized the statutory langu- age of Criteria 18,2,3,4,& 8of 10 VSA, 36086(a). Our findings under Cri- teria 1 (Air, A, C, D, E, F), 5, 6, 7, 9A-L, & 10 (Findings of Fact #4C0306, dated August 11, 1978) remain unchanged by this amendment. 1. There will be no undue water or air pollution: WATER POLLUTION: B: The Commission accepts the Certification of Compliance issued by the Assistant Regional Engineer as evidence that the revised unit locations meet Department of Health Regulations for Public Buildings and will not result in undue water pollution. However, this approval is for exterior sewer line and water line work only. No interior plumbing is allowed until approved. (Exhibit #11) 2-3. There is sufficient water available and no existing water supply will be unreasonably burdened: The Department of Health has issued a Letter of Approval for the design of the water lines within the project. (Exhibit #10) 4. There will be no unreasonable soil erosion or effects on the capacity of the land to hold water: Erosion control plans have been developed for Phase IV and for the entrance road off of Dorset Street. (Exhibits #5-4 & #20-4) Findings of #4CO306-4 Page 2 These plans incorporate the recommendations of the Agency of Environmental Conservation. A 25' setback will be maintained from the buildings and parking areas to the top of the bank. The Commission finds that these plans are sufficient to control erosion if the site is also seeded and mulched prior to Decem- ber 1, 1980:. 8. There will be no undue adverse effects on aesthetics, scenic beauty, historic sites or natural areas: i) The revised locations of the units has increased a buffer strip between the top of the bank south of the units in Phase IV. The Commission will reserve judgment on the proposed landscape plan for this phase (Exhibit #19-4) and may request a hearing to dis- cuss the plan. We are concerned that planting below the level of the units on the steep bank may not achieve the level of screening desired for a project with such high visibility from I-89. ii) The Commission approves the change in species from red maple and honey locust to white ash for Phase I. Based upon the recommen- dations of the County Forester, we do not approve the change of white pine to spruce. The rhodo dendron will be replaced with trees. The landscaper will provide the Commission with a plan depicting the Phase I landscaping as planted. iii) The exterior of the units will not be changed from Phase I. The relocation of the clusters in Phase IV does not result in an un- due aesthetic impact. The number of units in this phase has been reduced from 42 to 24 units. Phase III will be increased from 18 to 36 units. CONCLUSION OF LAW Based upon the foregoing Findings of Fact, it is the conclusion of this District Environmental Commission that the project described in the appli- cation referred to above, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit #4C0306-4, will not cause or result in a detriment to public health, safety or general welfare under the criteria described in 10 V.S.A., §6086(a) and that, pursuant to such section, a permit is therefore issued. Dated at Essex Junction, Vermont, this 18th day of September, 1980. Members participating BY in this decision: Susan H. Cain, District Coordinator For the District #4 Commission Duncan Brown Helen Lawrence 111 West St. �9-6563 Essex Junction, W. 05452 w STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 MEMORANDUM TO: All Parties to Land Use Permit #4C0306, Grandview Condominiums, Dorset Street, and Kennedy Drive, South Burlington, c/o Lyn Palin, Hickok and Boardman Real Estate, 346 Shelburne Street, Nirlington. FROM: Susan H. Cain, District Coordinator DATE: June 16, 1980 RE: Change in Landscape Species The applicants have requested that they be allowed to change certain landscape species as follows: a) 1 3/4" - 2" (10' - 121) red maple and honey locust to be replaced with 3" (15' - 20') white ash of the same quantity; b) change pine to spruce; c) change rhododendron. William Hall, County Forester, preliminarily reviewed these changes and saw no problem with the white ash. He did not recommend the change of pine to spruce due to the types of soils; the applicant should specify what he intends to replace the rhododendron with. Mr. Hall also recommended that planting be delayed until after mid -August when trees start to go into dormancy again. He said that now was a critical growth period and a high risk time to transplant. He was curious about a guarantee from the nursery as he said the trees might survive for a year (normal guarantee period) and then die. Parties are requested to comment on the proposed changes by Friday, June 27, 1980. SI IC/cw a 111 West Street Essex Junction, VT 05452�. 879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 MEMORANDUM T0: All Parties to Land Use Permit ##4C0306, dated August 11, 1978, Flanders/Boardman, % Lyndol Palin, Hickok & Boardman Real Estate, 346 Shelburne Street, Burlington, Vermont l FROM: Susan H. Cain, District Coordinator 42f DATE: October 11, 1979 SUBJECT: Finding of Fact 9(F), Energy Conservation In the attached letter, the permittee re- quests that he be allowed to substitute the steel "Perma-Door" for a standard door with a storm door. Unless any objections are received from parties by October 22, 1979, the District Environmental Ccmnission will assume all parties agree to this change and will ap- prove the same, effective that date. Attachment SHC/tg E(E LINE Of BIL P GO�PL .. suPp�/Es ) DEVELOPERS OF THE ll'I WONDER HOME LUMBER and BUILDING SUPPLY iNc. 34 PARK STREET, ESSEX JUNCTION. VERMONT 878-3381 September 18, 1979 Susan Cain, Coordinator District Environmental Commission #4 111 West Street Essex Junction, Vermont 05452 Dear Susan: Roger Curtis of Hickock and Boardman has asked me to explain why we have not installed storm doors on the condominium units as called for in the Act 250 permit. The permit calls for storm doors on the front of each unit (criteria 9, paragraph F). Our intent was to provide a low heat transmission coefficient (U) while offering maximum ease of entry and exit as well as a minimum of problems and maintenance. It has been our experience that storm doors can ice at the bottom inter- fering with access and agress. Another problem has been that wind often catches the door either when passing through it or when it fails to latch. This results in doors being bent or blown off with damage and repair expense resulting. In an effort to avoid these problems, we have installed a Perma-DoorR 13/4" steel, insulated door with thermal break. The U factor of this door is 0.128. This is a lower U than even a 2" solid wood door with either a wood or metal storm door (0.24 at best). I have enclosed literature on the Perma-DoorR and copies of page of page 22.25, table 9, of the ASHRAE 1977 Fundamentals Handbook for your reference. As you can see, we have tried to comply with the intent of the Act 250 permit and at the same time provide the owner with a more efficient, economical and convenient entrance unit. If you have any questions, please contact me. Very truly y s, 4 Lei Prescott Construction Coordinator Encl . CC: Roger Curtis Design Heat Transmission Coefficients Table 9 Coefficients of Transmission (fn for Slab Doors Btu per (hr f12 • F) Winter Summer Solid Wood, Storm Doorb III Tkkknessa No Storm Door Wood Metal No Storm Door I•in. 0.64 0.30 0.39 0.61 115•in. 0.55 0.28 0.34 0.53 U-in. 0.49 0.27 • 0.33 0.47 2•in• 0.43 0.24 0.29 0.42 Steel Door14 1.75 in. A` 0.59 - - 0.58 Ba 0.19 - - 0.18 C` 0.47 - - 0.46 'Nominal thickness. °Values for wood storm doors are for approximately 50%s glass; for metal worm door values apply for any percent of glass. rA Mineral fiber core (2lb/ft3). !g Solid urethane foam core with thermal break. T Solid polystyrene core with thermal break. ASHRAE Handbook 1977 Fundamentals Tshle 10 Cnnverclnn T9hie fnr Wnli Cneffieient l/ for Vsrinus Wind Velneit)es 22.25 ' Ufor 15tnpha U for 0 to 30 mph Wind Velocities U for 15 mpha U for 0 to 30 mph Wind Velocities 0 5 10 20 25 30 0 5 10 20 25 30 0.050 0.049 0.050 0.050 0.050 0.050 0.050 0.290 0.257 0.278 0.286 0.293 0.295 0.296 0.060 0.059 0.059 0.060 0.060 0.060 0.060 0.310 0.273 0.296 0.305 0.313 0.315 0.317 0.070 0.068 0.069 0.070 0.070 0.070 0.070 0.330 0.288 0.314 0.324 0.333 0.336 0.338 0.080 0.078 0.079 0.080 0.080 0.080 0.080 0.350 0.303 0.332 0.344 0.354 0.357 0.359 0.090 0.087 0.089 0.090 0.090 0.091 0.091 0.370 0.318 0.350 0.363 0.375 0.378 0.380 0.100 0.096 0.099 0.100 0.100 0.101 0.101 0.390 0.333 0.368 0.382 0.395 0.399 0.401 0.110 0.105 0.108 0.109 0.110 0.111 0.111 0.410 0.347 0.385 0.402 0.416 0.420 0.422 0.130 0.123 0.127 0.129 0.131 0.131 0.131 0.430 0.362 0.403 0.421 0.436 0.441 0.444 0.150 0.141 0.147 0.149 0.151 0.151 0.152 0.450 0.376 0.420 0.439 0.457 0.462 0.465 0.170 0.158 0.166 0.169 0.171 0.172 0.172 0.500 0.410 0.464 0.487 0.509 0.514 0.518 0.190 0.173 0.184 0.188 0.191 0.192 0.193 0.600 0.474 0.548 0.5.81 0.612 0.620 0.62� 0.210 0.192 0.203 0.208 0.212 0.213 0.213 0.700 0.535 0.631 0.675 0.716 0.728 0.731 0.230 0.209 0.222 0.227 0.232 0.233 0.234 0.800 0.592 0.711 0.766 0.821 0.836 0.847 0.250 0.226 0.241 0.247 0.252 0.253 0.254 0.900' 0.645 0.789 0.858 0.927 0.946 0.960 0.270 1 0.241 0.259 0.266 0.273 0.274 0.275 1.000 0.695 0.865 0.949 1.034 1.058 1.075 Tin first column is from previous tables or as calculated for 15 mph wind velocity. 7r � rr.%LE. 15%a ID cvw;cx, 111 West Street Essex Junction, Vermont 05452 �!Y u 879-6563 i STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 MEMORANDUM TO: All Parties to Land Use Permit #4C0306-2, Flanders/Boardman, Grandview Condominiums FRAM: Susan H. Cain, District Coordinator 5*(-2— DATE: August 8, 1979 SUBJECT: Condition #3 of the Permit The District Environmental Ccemmission has approved the attached specification for lighting fixtures to be mounted on all buildings. SHC/bg DATE: August 2, 1979 HICKOK & BOARDMAN, INC. rLMJECT: 4C0306-2 �6 SHELBURNE STREET Flanders/Boardman BURLINGTON, VERMONT 05402 TEL. 802/658-3500 TO: I Susan H. Cain, District Coordinator For the District #4 Commission I —I REPLY: I have attached a catalog showing the exterior light fixtures which we plan to use at both front and rear entrances of the Grandview Units. The fixtures planned is model 9345 as shown on page 15 of the Prescolite Catalog. These fixtures give light only in a downward direction so we are confident that they will meet with your approval. __. BY: Very truly yours, Lyndol H. Palin Flanders/Boardman SIGNED F%LZ*- co"00S State of Vermont LAND USE PERMIT CASE No. 4CO306-3 APPLICANT Flanders/Boardman ADDRESS % Roger Curtis Hickok & Boardman Real Estate 346 Shelburne Street Burlington, VT 05401 LAWS/REGULATIONS INVOLVED 10 VSA, Chapter 151 (Act 250) and Vermont State Board of Health Regulations, Chapter 5, Sanitary Engineering, Subchapter 1, Public Buildings District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit ap- plies to the lands identified in Book 146, Pages 304-305 of the Land Records of South Burlington, Vermont, as the subject of a deed to Flanders/Boardman, the "pernittees" as grantees. This permit specifically authorizes the permit - tees to amend the approved plans to construct a 17,000 gallon storage tank at the pump station at the foot of Ttain Oaks Terrace, in South Burlington, Vermont. The permittees, their assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District Com- mission in accordance with the conditions of Land Use Permit #4C0306 except as amended herein: (1) This permit hereby incorporates all of the conditions of the Certification of CniTliance #4C0306-lA, issued on August 8, 1979, by the Assistant Regional Engineer, Division of Protection, Agency of Environmental Conservation, in compliance with Vermont State Board of Health Regulations, Chapter 5, Sani- tary Engineering, Subchapter 1, Public Buildings. (2) The permittees shall design and construct an outlet in the electrical sys- tem to permit the immediate hook-up of an emergency generator for use in the event of an extended power outage. (3) The project shall be completed as set forth in Findings of Fact and Conclu- sions of Lao #4C0306-3, in accordance with the plans and exhibits stamped "Approved" and on file with the District Environmental Commission, and in accordance with the conditions of this permit. No changes shall be made in the project without the written approval of the District Environmental Com- mission. (4) By acceptance of the conditions of this permit without appeal, the permittees confirm and agree for themselves and all assigns and successors in interest that the conditions of this permit shall run with the land and the land uses herein permitted, and will be binding upon and enforceable against the per- mittees, and all assigns and successors in interest. Dated at Essex Junction, Vermont, this 8th day of August, 1979. Members participating in BYcc�,� this decision: Susan H. Cain, District Coordinator Duncan Brown For the District #4 Commission Helen Lawrence Charles Tetzlaff STATE OF VEFMNT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: #4C0306-1A ) Certified to comply with Vermont State Flanders/Hickok/Boardman ) Board of Health Regulations, Chapter 5, c/o Flanders Lumber Co. ) Sanitary Engineering, Subchapter 1, 34 Park Street ) Public Buildings, and Subchapter 15, Essex Junction, VT 05452 ) Plumbing This project, consisting of the construction of 90 oondominium units known as "Grandview Condominiums", located off Kennedy Drive and Dorset Street in South Burlington, Vermont, is hereby certified to satisfy the requirements of the regulations named above if the following conditions are net: (1) The project must be completed as shown on the plumbing plans prepared by Wiemann and Lamphere on March 6, 1979, and revised on May 25, 1979, and the sanitary plans prepared by Donald Hamlin Consulting Engineers and which have been stamped "Approved" by the Division of Protection. No alteration of these plans shall be allowed except where written ap- plication 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 remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (3) All plumbing work is to be done in accordance with the National Plumbing Code. (4) This project is approved for municipal water supply and sewage treatment through the facilities of the City of South Burlington. (5) The pump station, as designed by Donald Hamlin Engineers, is approved. (6) This Certification supersedes the Certification of compliance #4C0306-1, dated July 12, 1979. FOR n1E DIVISION OF PROTECTION �� Vqv - - Eric -Blatt, Asst. Regional Engineer Dated at Essex Junction, Vermont, this 8th day of August, 1979. CC: Ten Lamoureaux Lyn Palin STATE OF vERMONr DISTRICT ENVIRDIZ9 nAL FISSION #4 RE: Flanders/Boardman ) Application #4C0306-3 Grandview Condominiums ) Findings of Fact and Pump Station ) Conclusions of Law Kennedy Drive, ) Amendment Application South Burlington, vT 05401 ) 10 VSA, Chapter 151 (Act 250) On June 29, 1979, revised plans for an Act 250 permit amendment were filed by Flanders/Boardman, % Roger Curtis, for an amendment to the project ap- proved in Land Use Permit #4C0306, and generally described as the construc- tion of a 17,000 gallon holding tank as part of upgrading the pump station at the foot of Turin Oaks Terrace in South Burlington. Based upon a review of the revised plans, and evidence received at a hearing held on July 20, 1979, the District Environmental Commission finds that there will be no undue, unreasonable or adverse impacts resulting from the project as amended herein, under any of the 10 environmental criteria of 10 VSA, ®6086(a) 1-10. Specifically, The District Environmental Conlnission makes the following findings of fact with respect to Criteria 1, 4, & 7: There will be no undue water pollution; there will be no unreasonable soil erosion or effect on the capacity of the land to hold water; and there will be no undue burden on municipal services: i) The 17,000 gallon concrete storage tank has been sized to hold the average daily flow of 4 hours; State minimum standards require the tank capacity to be adequate to handle the longest known power out- age for the area. If a power failure exceeded the design capacity of the tank, the City could either bypass the pump station with por- table pumps and pump from the storage tank into the force main line, or the station could be operated with emergency generators. The applicant has agreed to design and construct the station so that either an emergency generator can be hooked into the electrical system inmediately or portable pumps can be utilized. The applicant plans to use the "downslope method" of construction to fill a portion of the swamp necessary to construct the tank. The construction will involve installation of a snow fence along the Property boundary of Twin Oaks Associates, placement of staked hay bales along the toe of the fence from bank to bank, and construction of an earth dam along the hay bales. The area inside the dam will then be dewatered by either pumping clear water into the existing swamp or pumping turbid water onto adjacent banks to percolate through the soils. Total construction time should be approximately one month. Jeffrey Noyes, Protection Division Geologist, has re- viewed the construction plans and finds them acceptable, especially in light of the developers past performance on the site in control- ling erosion. Other locations or designs eliminating the need for the tank were discussed. However, the installation of a permanent emergency ge- Findinc sf Fact . . . #4C0306-3 Page 2 nerator would require the construction of a heated building and pe- riodic testing and maintenance. If the generator failed in the e- vent of a power outage, there would be no means to handle the sew- age. The non -mechanical gravity -flow storage tank appears to be a more reliable alternative than the installation of a mechanical system more readily subject to failure. iv) The City of south Burlington required that Flanders/B�an up- grade the pump station to acconnodate the additional flows resulting from their develoFFent. The developer was willing to assume these costs to be permitted use of the municipal system. The Twin Oaks Tennis Center and Twin Oaks Condominium, both share the pump sta- tion with the applicant. Twin Oaks Associates have suggested al- ternatives to the filling of the swamp for the tank, however, they have not volunteered to share the costs of the other alternatives, which would benefit their project as well as the Grandview Condomi- niums. v) The construction of the tank will ultimately create less of a bur- den on the taxpayer than the continued maintenance and heating of a building to house an emergency generator. Parties to this application are: (A) The applicant by Roger Curtis; (B) The Agency of Environmental Conservation by Jeffrey Noyes, Geolo- gist and Eric Blatt, Assistant Regional Engineer, Protection Divi- sion; (C) Adjoining landowners by 'Rain Oakes Associates, Gerald Milot and Claude Gagne. It is, therefore, the conclusion of this District Environmental Commis- sion that the project described in the application referred to herein, if completed and maintained in conformance with all of the terms and conditions of that application, and of Land Use Permit Amendment #4C030 will not cause or result in a detriment to the public health, safety, or general welfare under the criteria described in 10 VSA, 36086(a) and that, pursuant to such section, a permit is therefore issued. Dated at Essex Junction, Vermont, this 8th day of August, 1979. Members participating in BY cu / ` this decision: Susan H. Cain, District Coordinator Duncan Brown For the District #4 Commission Helen Lawrence Charles Tetzlaff i •i State of Vermont LAND USE PERMIT ArENUMEW CASE No. 4C0306-2 APPLICANT Flanders/Boarc3man ADDRESS c/o Roger Curtis Hickok & Boardman Real Estate 346 Shelburne Street Burlington, VT 05401 LAWS/REGULATIONS INVOLVED ) 10 VSA, Chapter 151 (Act 250) District Environmental Commission #4 hereby issues a Land Use Permit Amendment pursuant to the authority vested in it in 10 VSA, Chapter 151. This permit ap- plies to the lands identified in Book 146, Pages 304-305 of the Land Records of South Burlington, Vermont, as the subject of a deed to Flanders/Boardman, the "permittee" as grantee. This permit specifically authorizes the permittee to amend oondition #9 of Land Use Permit #4C0306, issued on August 11, 1978, as follows: 1) The street lights in the City of South Burlington's Rights -of -Way within the project shall be the Town & Country fixtures available by lease from Green Mountain Power. 2) Specifications for the area lights within the private parking lots and driveways to be maintained by the Condominium association shall be sub- mitted to the District Environmental CcnTnission for approval prior to in- stallation. 3) Specifications for exterior light fixtures to be mounted on the buildings shall be submitted to the District Environmental CTr ssion for approval prior to installation. The permittee, its assigns and successors in interest, are obligated by this permit to complete and maintain the project only as approved by the District -.�_...,-._ ,-r�-.,,,r, 4 -1, }1} r!. mnrli i-innc of Land. iTsP Permits #4C0306 and u)1Ll[LL551V11 _UL UVw1. �..�t.a+aw _1_1 #4C0306-1, except as amended herein. Dated at Essex Junction, Vermont, this 1st day of August, 1979. Members participating in By this decision: Susan H. Cain, District Coordinator For the District #4 Commission Duncan Brown Helen Lawrence Charles Tetzlaff C04 Ill West Street Essex -junction, VT 05452 1, . 879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 REQUEST TO AMEND LAND USE PERMIT 04C0306 Hickok & Boardman / Flanders Lumber Company 150 Condominiums, So. Burlington, Vermont NOTICE TO: All Parties FROM: Susan H. Cain, District Coordinator SUBJECT: Amendment Request #4C0306-1 On April 13, 1979, the District Environmental Commission received an appli- cation from Flanders Lumber Company / Hickok and Boardman Real Estate, filed under the provisions of Title 10 VSA, Chapter 151 (Act 250) to amend Land Use Permit #4C0306 to relocate building clusters in Phases I and II and to increase the number of units in these phases from 88 to 90. Any party can request that the District Commission hold a public hearing on this proposal by notifying this office, Ill 'West Street, Essex Junction, Vermont not.iater than Aprii 23, 1979. if no request for a hearing is filed, the District Commission may dispose of the case by stipulation, agreed settle- ment, consent order or default. If there are any questions regarding this matter, please contact this office immediately. SHC/jct 4/13/79 APPLICATION FOR LAND USE: PENMI T Po iE-21 EN a 5TRUCTY61Z: Use this form for all Land Us© Pormi, amond;rents, including prrmit- transfers. Applications for 2ai:,nit Iran. Fars k;7o to be canfaletod by the trransferreo. )N 1 -- FOR OFFICE USE ONLY Application No. --� Filing Laws Involved: Daemed Com-plot© !J: ,)N 11 --To BE COMPIT.�rj n ICY E AI P�::�CAN Flanders Lumber Company Essex Junction, Vermont 1. APPLICATV: Hickok and Boardman Real Estate Burlington, Vermont 658 3500 (7.lcld..*:ass) (Pik®na Tio. ) 2. PROPERTY O'r= : (Name) (Acir.,res3) (Phono bTo. ) 3. PERSON TO FOIE COIF . CTED ABOUT TICS APPLiCATIO:i 0:11.y if cliffo'' ;,'c than ;r1) : Roger Curtis, Hickok and Boardman, Burlington, Vt. 658 3500 ('iaiiie) (Actd1 Coa) (Phone No. ) 4, W14NT IS YOUR LEGAL INI :tLST 7N TIIiS Owner -Developer 5. IF YOU ARE NOT FILING THIS 10Pi:IC ATION Zc. Al; i9 r,71DUAL, COT-"!ZZ".-+ THE FOL1474ING AS 1 October, 1976 Vermont (Legal Entity) (Dz:to Voralod) _ (:;tZaLa) (;)ato Regictered in Vi:. ) 6. WHAT IS TIM NAt t OF 7'I-IIS =QUj�-,ST TO rtUr.IvD 712 L7= uSr. piLru�,IT. See attached letter 7. DESCRYIIP: Airy CHANGES ZN TIT FOLLrJ,'7I:"G 1ZZNZ I'ROiZ «iTi� .,�`: �L Cid '10 Ti' a Of.x LIML AP27,1CAT10"3 a. Acreage in the entire tract ow band N/C b. Acreage in this project c . Date the project will be art.>c1M '""7pr17 d. Date the project wall be colrl-�7.0tea e. handing or bonding of t'riis pro jcc t N/C f. Municipal services to bo use d N ill: - ADDIT101ML INFOlUEIO T?:7 1:f1�Rli.:i'L' S. TILraZ=ERMM: I hereby agree to corapleta t-hio projcc : as ect for'ch in the r,7m,)lication, Findings of Fact and Conc1v, .ono of L::. and the I.ind Use Permit number and au amandca cbovu : 9. (1'� 1nCi iCr�c�© TP701SYERROR: I hereby agree to the tranrsfea: of Lai^.: Uso i'ermit �) as ne': forth above: — -NOTICE _ TO Pt1I2TII;S TOBECOii!?'I.E�i D 137Y .ALL APL�L CCi`:r � S r'OR C' 250 }?rtoai"CTS 10. This application must be Signe,, by the 711,,1)1,;.calat. B, signing this appl.icc.tion the applicant assumes 3 esponaibili.ty for the inCo=al on provided and, ulion the ca�ondment invOa.ves Act 250, confirmn t1,,1at tlzo toT n Selec'cnen, PlCullZing COn.Rj r o ion and rwgional Planning Commission wei:o giveAl a copy of t.ha appl-ication an zrsrui: c,l. df WIEMANN - LAM PH ERE, ARCHITECTS 346 SHELBURNE STREET BURLINGTON. VERMONT 05401 TELEPHONE (802) 863.5056 RICHARO H. WIEMANN A.I.A. JAMES A. LAMPHERE A.I.A. April 13, 1979 Mrs. Susan Cain Agency of Environmental Protection 111 West Street Essex Junction, Vermont 05452 Re: Hickok 4 Boardman/Flanders Development for Grandview Dear Mrs. Cain: Enclosed please find five (5) copies of our drawing S-1 amending our submission of May 18, 1978 as requested April Il, 1979. This revised drawing reflects certain changes required and approved by the South Burlington Planning Commission September 11, 1978, to wit; linking together parking lots B and C with a roadway, linking of parking lots H, I and J with roadway to facilitate movement of fire fighting equipment; allocation of ninety (90) units to Phase I and II in lieu of eighty-eight (88), as proposed in our original submission, was necessary due to spatial requirements of changes (outlined above) required by the South Burlington Planning Commission. It should be noted that in compliance with outlined provisions of the Land Use Permit awarded this project, a pre -construction conference with concerned parties has been scheduled, and that a contract for the earthworks portion of this project has been negotiated and signed. A prompt review and approval at this time will alleviate the burden of increased costs to owner/builder. Very truly yours, WIEMANN-LAMPHERE, ARCHITECTS David E. Knapp cc: Mr. William Szymanski, City Manager - City of South Burlington Mr. Stephen Page, City Planner - City of South Burlington Mr. Leonard Lamoureux - Consulting Engineers, Inc. Chittenden County Regional Planning Commission Mr. Roger Curtis - Hickok and Boardman Realty, Inc. Mr. William D. Flanders - Flanders Lumber 111 West Street Al Essex Junction, VT 05452879-6563 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION #4 M E M O R A N D U M TO: All Parties to Land Use Permit #4CO306-4, Flanders/Boardman, Southridge Condominiums, South Burlington, Vermont FROM: Susan G. Haitsma, District Coordinator DATE: March 13, 1981 SUBJECT: Revised Landscape Plan per Condition #6 The applicant has submitted a revised land- scape plan which has been prepared upon consultation with Bill Hall, County Forester. Jean Vissering, Landscape Architect for the Deparitment of Forests, Parks, & Recreation, has reviewed the plan and comments that it was well done. Unless the Commission receives any adverse comments by March 20, 1981, they will approve the plan without further notice to the parties. to y 3 State of Vermont 4" AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Gantt Department of Forests, Parks and Recreation Department of Water Resources Environmental 13oard Division of Environmental En-incetinb Division of Environmental Protection Division of Planning; Natural Resoutm Conser ition Council MEMORANDUM DISTRICT ENVIRONMENTAL COMMISSION 111 West Street Essex Junction, Vermont 05452 May 4, 1978 To: All Parties ( ;ll,i,. From: Peter B. Meyers, Environmental Coordinator Re: Reconvened Bearing - Application #4CO306, Flanders -Hickok & Boardman The public hearing on the above referenced application will be reconvened on Monday, May 8, 1978 at 1:30 P.M. at the Conference Room of the Chittenden County Regional Planning Commission, 53 Pearl Street, Essex Junction, Vermont. PBMgn )GENCY OF ENVI RUNI'•9ENI AL CONSER' I ON TO: The file FROM: Charles Ratte Flanders Lumber Company/Hickok and Boardman State Geologist Condominium development #4CO306 SITE INSPECTION April 28, 1978 I. Soils and Sediments The upper few inches of soil is a mixture of clay, silt and organic material. Below this soil zone is a clay -silt sediment approximately 20' thick. The lowermost sediment layer is believed to be a compact -clay -rich till or possibly a glacial lake clay. This lower clay is dense and imlpermeable and marks the horizon along which a sporadic spring line has developed. Springs are best developed at localities (1), (la), (2) and (3). II. Springs These springs do not represent the emergence of water at a uniform water - table level. They represent the emergence of channelized ground water that has penetrated zones of increased pa-meability (see yellow outlined areas on map) in the sediments. This channelized subsurface water flow has in at least one instance (Area 3) produced subsurface voids (a tunnel), and has induced land subsidence in the ground immediately above this subsurface void (see 3 areas at site #3 on the map& site #2 which is now covered by fill is assumed to have developed originally by subsidence). III. Slum Stream bank slump resulting from winter undercutting followed by spring- time slump is present along the banks of both branches of Potash Brook. It is estimated that these banks are receding at a rate of 1-3 feet per year. At the sharp bend of a meander this recession could be greatly accelerated. Where the south branch has cut through an old trolley trestle the banks have receeded approximately 20 feet. Assuming 60 years of erosion (since the repair efforts of this tristle ceased) the rate of recession would be 1/3 f oot per year. This is probably a minimum value. Active soil creep and bank slump is occuring along almost the entire I ength of the south batik of the property. This may be seen in fresh slump scars and/or "sheep track" slump blocks. IV. Gully Erosion Severe gully erosion due to overbank channelization of run off is severe at two sites (A & B) on the south bank. V. Stream Meanders Both branches of the Potash Brook are meaAring. Evidence for mean der migration and channel migration are seen in old meander scars and abandoned channels. The stream channels are working in a hard -packed clay. Channel deepening is minimal. The streams response to increased volume and velocity is by: (1) flash flooding (2) lateral erosion (in preference to vertical erosion) Flander Lumber Coi y Site Inspection 4, A/78 May 3, 1978 therefore, continued and locally severe stream bank erosion will continue. The degree and severity of erosion associated with the south branch of the Potash Brook is several degrees of magnitude greater than that of the north.branch. RECOMMENDATIONS: (1) borings in sufficient number and depth are required in the "potential subsidence" areas to detect any voids that might exist - or - all con— struction and location of buildings should avoid these areas (see yellow cross- hatched areas on map). (2) The crest areas of the banks should not be disturbed, in fact they should be modified by construction of a "built-up" ridge (by adding material NOT scraping up local soil) which will prevent overbank run off. (3) Stream channelization and stream bank stabilization of the south branch of Potash Brook is essential. This should be done on review and approval of SCS, Fish and Game Department, Trout Unlimited, etc. (4) Set back along the south bank should be increased to 40' minimum. Set back along the north bank can be relaxed to 10' minimum except in the vicinity of aieas P2 and #3 where construction should be above the 300' contour and related to the results of test borings (see item 1 above). (5) Plantings and landscaping to stabilize all banks and minimize noise levels is a necessity. (6) Attention should be given to increased volume and velocity due to excessive run off contributed to the streams by development and its erosional effect in the immediate area (refer to V above ). lil,,uil,: 4 JNTERAGENCY ACI 250 KLVILW COMM`I LL 6w: RE: Flanders Lumber ) DISTRICT ENVIRONMENTAL COMMISSION 150 woodframe residential ) condominium ) APPLICATION #4CO306 South Burlington ) APRIL 21, 1978 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont, in the above captioned matter. SUPPLEMENTAL COMMENTS The Agency has already submitted pre -hearing comments under date of February 7, 1978, on the proposed application. In those comments, the Agency indicated its concerns for erosion control. The Agency continues to be concerned with soil erosion on this site. A site inspection on April 5, 1978, indicated the delicate nature of the site and the erodeability of steep enbankments on both sides of the proposed development area. The site is scheduled for total grading. Considerable cut and fill will be required to bring existing topographic configuration into a flat, level area in order to accomodate the number of units desired. The Chairman of the District Environmental Commission has already requested a grading plan which will indicate the amount of cut and fill required on the site. A detailed erosion control plan should also be submitted. The areas to be affected are in such close proximity to streams and enbankments that multiple barrier techniques will be required. Such techniques will require water diversion, slope stablization and sediment basin traps. These measures should be demonstrated on plans and should be accompanied by narrative indicating construction sequencing, construction techniques and maintenance. Because of the erodeability of the enbankments, it would appear that a set- back for all construction should be required. The Agency feels that a minimum of 25 feet from the top of the enbankment should be required for all construction. The banks are already eroding due to livestock and the action of small streams at their bases. Exposure of earth at the top of these enbankments could create severe_ erosion problems. Because the stream lies fairly close to the bottom of the enbankments, there would be little room for erosion control measures at the base of the slopes, such as sedimentation ponds. It can be expected that foot traffic or the slopes from children, pets and other sources. If the set -back is observed, erosion from these sources may be minimized. Open cut areas should be mulched outside of actual work areas, and hay bales should be employed to confine sheet wash and run off to the immediate open area. Top soil should be stock piled and seeded and mulched until reused. The proposal is to be staged. Land disturbance should also be staged. No open unprotected soil should be allowed prior to May 15 or after October 1 of any year. The Agency also feels that periodic inspections by the Agency will be re- quired during construction. In addition to this construction inspection, the District Commission may wish to arrange for inspection by it or its agents. Flanders Lumber April 21, 1978 Page 2 As indicated in earlier comments, a discharge permit may be required for storm water discharge. The Agency indicated in earlier comments that storm water should be manau.�d to prevent harmful increases in the peak discharge to the streams under date of March 3, 1978 to Mr. David Knapp from Donald Hamlin, Consulting Engineers. The letter indicates that a considerable increase in run off to the streams is anticipated. Although the letter indicates that storm water management appears reasonable, the Agency apparently did not receive copies of storm drainage design and standard details mentioned in the letter. This information should be disseminated and reviewed by the parties. Aesthetics is a further important concern in this project. The latest landscape plan is slightly more specific than earlier plans but continues to lack detail in the following areas: the size of plant material is not provided; the number of plants is not provided; and specific plans for the use of shrub planting around units is not been given. A landscape plan should indicate the location, size and amount of plant material being proposed. Additionally, the Agency feels that the site is extremely sensitive aesthetically. It is highly visible from Interstate 89 both south and north bound. The Interstate approaches to the city of Burlington have been under extreme development pressure. The Agency believes that it is extremely important to retain the beautiful qualities of Interstate 89. Until a specific landscape plan with the details requested by the Agency has been submitted, it will be difficult to gauge the aesthetic impact of the project. However, the size and nature of the project will require extensive landscaping to soften its impact from both the Interstate and Kennedy Drive. If construction is held back 25 feet from the top of the enbankment, this would allow additional space for landscaping. I hereby certify that a copy of the foregoing ENTRY OF APPEARANCE and SUPPLEMENTAL COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 21 th day of April, 1978 at Montpelier, Vermont. Respectfully submitted, AGENCY OF ENVIRONMENTAL CONSERVATION INTERAGENCY ACT 250 REVIEW COMMITTEE By Stephen B. Sease, Administrator Land Use and Development A. State Of Vermont K AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Game DISTRICT ENVIRONMENTAL COMMISSION Department of Forests, Parks and Recreation Department of Water Resources Environmental Board 111 West Street Division of Environmental Engineering Division of Environmental Protection Essex Junction, VT 05452 Division of Planning Natural Resources Conservation Council April 14, 1978 MEMORANDUM To: All Parties From: Peter B. Meyer Re: Notice of Reconvened Hearing Application #4C0306 - Flanders, Hickock & Boardman The public hearing on the above referenced application will be reconvened on Tuesday, April 25, 1978 at 3:00 P.M. in the Conference Room of the Chittenden County Regional Planning Commission, 58 Pearl Street, Essex Junction, Vermont. PBMgn 5R&AC> cat' f_ kY OF ENVIRONMENTAL CONSERVAT ) INTERAGENCY ACT 250 REVIEW COMMITTtt' RE: Flanders Lumber Co., Hickok and ) DISTRICT ENVIRONMENTAL COMMISSION 150 units Boardman ) South Burlington ) APPLICATION #4C0306 MARCH 29, 1978 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Environmental Conservation, State of Vermont, in the above captioned matter. PRELIMINARY COMMENTS The Agency anticipates filing detailed comments with regard to land- scaping and erosion control before hearings commence on this application. I hereby certify that a copy of the foregoing ENTRY OF APPEARANCE and PRELIMINARY COMMENTS was sent by U.S. Mail (Postage Prepaid) to all statutory parties. Dated on this 29th day of March, 1978 at Montpelier, Vermont. Respectfully submitted, AGENCY OF ENVIRONMENTAL CONSERVATION INTERAGENCY ACT 250 REVIEW COMMITTEE y � Stephen B. Sease, Administrator Land Use and Development 1 Go Nnos State of Vermont Dcparanent of Fish and Game Deparunent of Forests, Parks and Recreation Department of Water Resources Fnvironnental Board Division of Ilnvironmcntal Lngincering Division of f-nvironnentat Protection Division of Planning Natural Resources Conservation Council MEMORANDUM AGENCY OF ENVIRONMENTAL CONSERVATION DISTRICT ENVIRONMENTAL COMMISSION 111 West Street Essex Junction, Vermont 05452 March 23, 1978 To: Parties to Application #4C0306 Flanders Lumber Co. & Hickok & Tioardman From: Curtis W. Carter, Environmental Coordinator Subject: Hearing The District #4 Environmental Commission will convene the hearing; on the above referenced application on Wednesday, April 5 at 3:00 P.M. at the conference room of the Chittenden County Regional Planning; Commision, 58 Pearl Street, Essex Junction. The resubmitted application has been found adequate upon which to proceed with the review. CWCBn Deparimenr of Fish and Gana Dcparuncor of Forests, Parks and Recreatio❑ D epaninent of Water Resources Environmental Board Division of 1lnviroll mcntat 1�nginccrinn Division of Environmental Protection Division of Planning Natural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION DISTRICT ENVIRONMENTAL COMMISSION 111 West Street Essex Junction, VT 05452 January 23, 1978 ACT 250 NOTICE APPLICATION AND BEARING 10 VSA, 86083-6088 Application #4C0306 was filed by Flanders Lumber Co. and Hickok & Boardman, 436 Shelburne St., Burlington, Vermont, on January 17, 1978, for construction of a 150-unit condominium project on the corner of Kennedy Drive and Dorset St., South Burlington, Vermont. A public hearing is scheduled for February 15, 1978, at 2:30 P.M. at the Chittenden County Regional Planning Commission, 58 Pearl Street, Essex Junction, Vermont. Anyone intending to participate in this hearing must attend a pre -hearing conference on February 2, 1978, at 2:30 P.M. at Chittenden County Regional Planning Commission, 58 Pearl Street, Essex Junction, Vermont. Distribution: All Parties State of Vermont LAND USE PERMIT ADMINISTRATIVE AMENDMENT CASE 4C0306-9(Corrected) LAWS/REGULATIONS INVOLVED APPLICANT Misty St. Amour ADDRESS U-3 Grandview Drive 10 V.S.A. §§ 6001 - 6092 (Act 250) South Burlington, VT 05403 Act 250 Rule 34(D) District Environmental Commission #4 hereby issues Land Use Permit Administrative Amendment #4C0306- 9, pursuant to the authority vested in it by 10 V.S.A., §§ 6001-6092. This permit amendment applies to the lands identified in Book 478, Page 258, of the land records of the City of South Burlington, Vermont. This permit incorporates Subdivision Permit #EC-4-2080, issued by the Department of Environmental Conservation, Agency of Natural Resources. The Project consists of the after -the -fact creation of a 4.3- acre lot for the 24 condominium units. The Project is located on Grandview Drive in the City of South Burlington, Vermont. This permit hereby incorporates all of the conditions of Subdivision Permit #EC-4-2080 issued on August 1, 1997 by the Regional Engineer, Wastewater Management Division, Department of Environmental Conservation, Agency of Natural Resources in compliance with the above -referenced Vermont State Environmental Protection Rules. Any subsequent nonmaterial changes shall be incorporated herein automatically. 2. Except as amended herein, all terms and conditions of Land Use Permit #4C0306 and subsequent amendments remain in full force and effect. Dated at Essex Junction, Vermont, this 6' day of January 2009. By /s/Peter E. Keibel District #4 Coordinator This permit is issued pursuant to Act 250 Rule 34(D), Administrative Amendments, which authorizes a district coordinator, on behalf of the District Commission, to "amend a permit without notice or hearing when an amendment is necessary for record -keeping purposes or to provide authorization for minor revisions to permitted projects raising no likelihood of impacts under the criteria of the Act." The rule also provides that all parties of record and current adjoining landowners shall receive a copy of any administrative amendment. Prior to any appeal of this Administrative Amendment to the Environmental Court, the applicant or a party must file a Motion to Alter with the District Commission within 15 days from the date of this Administrative Amendment, pursuant to Act 250 Rule 34. The decision on the Motion to Alter may be appealed within 30 days of the date of the decision in accordance with 10 V.S.A. Chapter 220. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vertnontiudiciarv.org, The address for the Environmental Court is: Environmental Court, 2418 Airport Rd., Suite 1, Barre, VT 05641-8701. (Tel. # 802-828- 1660) F F J `. State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 8, 1996 Case Number: EC-4-2080 Pin Number: EJ97-0286 Landowner: Southridge Condominiums Address: c/o Appletree Bay Property Management 1205 North Avenue Burlington, VT 05401 This project, consisting of a one lot subdivision being approximately 4.3 acres on which exists the 24 condominium units approved in Certification of Compliance 4C0306-4 located off Grandview Drive in the city of South Burlington , Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO306 and Amendments. GENERAL 1. The project shall be completed as shown on the plans DRW. NO. 2 "Site Plan, Phase IV" dated 7-15-80 last revised 8-28-80 prepared by Donald L. Hamlin Consulting Engineers, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. Each prospective purchaser of the lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 1 0- 1 ne Cvtiditll�i'tS vi tip aaiu Sna:l run �s;ith the ianCi an,!, vi7il'I be nlnding upon and enforceable � _w against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the city of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 4. All conditions set forth in Certificate of Compliance 94C0306-4 shall remain in effect except as modified or amended herein. Subdivision Permit EC-4-2080 Page 2 5. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmentaUhealth statutes and regulations, with this permit. Dated at Essex Junction, Vermont on August 1, 1997. Canute E. Dalmasse, Commissioner Department of Environmental Conservation By f t yv .1 fir. (' �' (';' ,� � i%� 1 ' �.✓ Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission & Selectboard Donald L. Hamlin Consulting Engineers, Inc. Act 250 District Coordinator - 4C0306 and Amendments Water Supply Division P[BLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 27, 1984, at 7:30 P.M. to consider the following: Revised final plat application by Flanders -Boardman for phase III (32 units) of Grandview Condominiums also entitled "Southridge". Property is bounded on the _south by lands of the State of Vermont, on the west by Dorset Street, on the north by Kennedy Drive and land of William Wessel and on the east by Twin Oaks Terrace and Burlington Indoor Tennis Center, Inc. Copies of the plans are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission 3/10/84 • September 27, 1978 Mr. James Lamphere Wiemann-Lamphere, Architects 346 Shelburne Street Burlington, Vermont 05401 Re: Brand Condominiums Final Plat Dear Jim: This is to formally confirm the action of t-.he South Burlington Planning Commission, at its meeting of September 26, 1978, in approving the final plat for the Brond Farm condominium project. The minutes of the meeting are en- closed, which specify the conditions of approval. When these conditions, plus the applicable requirements of the subdivision regulations have been complied with, permits may b(-_° issued. The final plat must be recorded prior to December 215, 1978. Please call if you have any questions. Yours truly, Stephen Page, Planner SP/Mcg 1 Encl 2. PLANNING COYYISSION SEPTEMBER 26, 1978 be done any way the city wanted - they could work with a rate schedule, have a lump sum agreement, or go on a cost plus basis. The Commission thanked Mr. Shaw for coming in. Mr. Jacob suggested moving the executive session for the purpose of discussing hiring a traffic consultant to the end of the agenda and the Commission agreed. Continue public hearing on the final plat for Flanders Lumber and Hickok and Boardman condominium project at 800 Dorset treet --------- The only issue to be resolved on this application was the agreement between the Fire Chief and the developer regarding fire protection. Mr. Lamphere said that the long dead ended parking lots were the areas of concern and that he had met with the Fire Chief and made revisions to two areas on the plans tying the parking areas together. Now only two dead end parking lots remain and these are shorter than the ones the Chief was most concerned about. The Chief and the developer were now in agreement regarding the plans. Mr. Ewing moved to close the public hearing and Mr. Jacob seconded the motion, which passed unanimously. Mr. Woolery moved that the South Burlington Planning Commission approve the final plat application of Hickok and Boardman and Flanders Lumber Company for approval of Phases III and IV of a 4 phase, 50 al wo a room uni condominium pro'ec , as depicted on a 60 scale plan entitled "Site Flan Brand Property S1B", drawn by Wiemann-Lamphere Architects, dated September 26 1978 and a 30 scale plan entitled "Proposed Landscape and Grading Plan" drawn by Wiemann- Lamphere Architects, dated 517 78, subject to the following stipulations: 1. The 30 scale plan portrays the grading and landscaping plans; the location of buildings, parking, and required improvements is shown on the 60 scale lan and accompanying 60 scale engineering lan by Donald Hamlin, dated 6 6 78. 2. The number and location of fire hydrants shall be as approved b_y the Fire Chief . This a proval supplements the conditions of prelimina 7 and of final approval for phase I 10 25 78 and 78), which are applicable to the entire project. se II 4. The plat to be recorded shall indicate that it supercedes the previously recorded plans and also show the revised phasing schedule 5. The duration of final approval is hereby extended 1 year. The resulting phasing schedule is: Phase Expiration of Approval Construction Complete B I 6179 1180 II 6/l/79 1/1/60 III 6/1/80 1/1/81 IV 6/1/81 1/l/82 1 6. The landscaping plan shall be as approved by the Tree Committee,_ The motion was seconded by Hr. Levesque and passed with all voting aye. 2. PLANNING COnEISSION JANUARY 10, 1978 Public hearing on final ^lat an lication of Flanders Lumber Company and Hickok and Boardman for phase II 42 units of a 150 unit condominium project at 800 Dorset Street Mr. Page said that this project was west of Twin Oaks and that it had preliminary approval for 4 phases and final approval for the first phase. The public hearing tonight was on phase 2, and everything had been ironed out at the last meeting except for the sewer capacity. I-Ir. Page said that Mr. Szymanski has said that there is enough room for the first two phases of this project, since another project has dropped out of the picture. Mr. Lawrence said that the developers would do what Mr. Szymanski asked in his memo dated January 10, 1977. Mr. Page pointed out that this project was approved partly because the developers said that the units would be sold for ;22-36,000, and he said that it might be a good idea to put a price ceiling on the units. He said that he had talked to James Lamphere and he did not object. Rr. Mona asked about inflation and was told that the Commission could have a waiver option. Mr. Lawrence suggested tying the price into a consumer price index but Mr. Wessel thought that it would be fairer to tie it to the price of houses. Mr. Lawrence said that if inflation hit them hard, they could prove to the Commission the difference in cost between building them now and in 5 or so years by comparing specific prices for materials. He said that it would be easy to do and would let both know where they stand. Mr. 'tioolery moved that the South Burlington Planning Commission approve Phase II (44 units) of the final plat application of Flanders Lumber and Hickok and Boardman for a 4 phase, 150 unit all 2 bed room condominium project as depicted on a plan entitledSite Plan Brand__ roperty ..., dated 2 11 77, revision #6 of 10 24 77, subject to the following stipulations: .- 1. Phase II is considered to have site plan approval, with the exception of landscaping plans, which shall be reviewed and approved by the Commission_ prior to the release of any performance bonds. 2. This approval expires January 1, 1979. Phase II construction shall be completed prior to January 1, 1980. 3. A recreation fee of $375 is to beaid prior to issuance of -any_ building permits for Phase II. 4.' The issuance of building permits for Phase II is contingent upon a _ price ceiling of $36,000 for all Phase I units; the issuance of building permits or all subsequent phases is similarly contingent upon a $36,000 price ceiling or all previous units unless waived by the Planning Commission due to inflation. 5. This approval sup;)lements the conditions of the Phase I approval which are applicable to the entire project i.e., #Is 1,4,6,7,9, and 10). 6. Construction of a city street, to full city standards, dhall extend from Dorset Street --to 166 existing city street, Twin Caks Terrace. e motion was seconded by Mr. Mona, and passed unanimously. Consideration of draft of proposed interim zoning regulations This item was discussed at this point because the representatives for the other two applications had not arrived. Mr. Wessel asked the Commission whether 5. PLANNING COMMISSION CCTOBER 25, 1977 The motion was seconded by Mr. Morency, who said that he would like the erosion control measures checked by someone and that he would like to see some traffic figures for the area for final plat. He also wanted some figure for the distance of the building on lot 5 from the bank. Mr. Palmer thought it would be 15'. Mr. Pager felt that the Commission should limit the size of that building. The motion passed unanimously. Public Hearing - Final Plat, Brand Farm Condominiums (150 units) 800 Dorset Street s dr. James Lamphere said that at the preliminary stage the problem with this project had been that there was not enough room in the Airport Parkway sewage treatment plant for it. The developers had an independent study done by a consulting engineer using flows recommended by the Department of Health, and this study shows that there is enough room. He said that they felt that Mr. Szymanski's estimate of 350 gallons per day per unit was high. He said that he realized that Mr. Szymanski was thinking of infiltration, but felt that that was already in the system and that the newer pipes do not allow so much of it. He said that they felt the capacity was there and he requested approval for the development. Mr. Pager said that Mr. Szymanski was probably right to give the Commission conservative figures because that gave the city more protection. He also said that there would probably be enough room for the project eventually and that they could build as capacity became available. Using the city figures, he said, there was room for phase 1 at least. Mr. Eager Curtis felt that approval for phase 1 only would be a hardship.. Approval for 2 phases would carry them through to the sewer vote. Mr. Page said that Mr. Szymanski felt that because of the reduction in units in other projects, there was enough capacity for phase 1 but not 2. Mr. Lamphere said that Mr. Szymanski would not discuss the report. Mr. Pager felt that the Commission had to rely on the judgement of its City Engineer and said that he could not vote for another phase if the City Engineer said the capacity was not there. Mr. Page pointed out that there was a plan for a motel and restaurant that had an approval and no expiration date. Mr. Levesque felt that the Commission should go with the Department of Health figures. He said that when South Burlington had been a town, they had had a Manager and an Engineer and that when they grew a great deal and became a city, they had one man doing both jobs. He felt that that was too great a workload for one man. Mr. Woolery felt that because these are two -bedroom units, there may not be as many people in each as in a single family come. Mr. Peter Collins felt it was unfortunate that the members of the Commission had not received copies of the study, which he felt would convince them about the capacity. Mr. Lamphere asked whether this project was next in line for sewer capacity and was told that that was correct. Mr. Collins felt that that was not what was happening- he pointed out that Country Club Estates had been given capacity before this project by the City Council. Mr. Pager said that as far as the Commission knew, Brand was next on the capacity list. Mr. Ewing said that he would like to see the developer's report. Mr. Pager asked Mr. Page to ask the City Attorney if the Commission could put expiration dates on approved plans. This would give the city more capacity- to work with. I,'.r. Collins asked that the Commission approve phase 1 and continue the rest until the next meeting, during which time the consultant's report ,_uld be made available to the members. ,".r. Woolery moved that the South Burlington Planning Commission approve phase 1 (44 units) of the final rlat as licn_tion of Flanders Lumber and Hickok and Boardman for a 4 phase, 150 unit all 2 bedrooms condominium project. su jec 6. PLANNING COMMISSION OCTOBER 25, 1977 to the following stipulations: 1) Roadway and utilitv plans. nrcfiles- rrng4 Sari+inns nnei Ac+e;io shall be submitted to and approved by the City Engineer prior to issuance of building permits. 2) A graveled turnaround shall be installed at the end of the city street to be constructed for phase 1 3) Ehase 1 is considered to have site plan approval, with the exception of landscaping plans, which shall be reviewed and approved by the Commission prior to the release of any performance bonds landsca 4) Performance bonds for street and utility installation, and shall be posted, in appropriate amounts as de pe=its, neer and/or Zoning Administrator s lned by of build 5) This approval shall expire six months from January, 1978;- corstruction shall be completed prior to January 1, 1979. An extension may be applied for by the developer and granted by the Commission. 6) The exact location of the pedestrian easements shown on the_pre- liminary plat shall be determined by the developer and the Naturale ources- Co mmittee. - 7) he lap shall be reviewed for conformity by the Planning Assistant, prior to recording, which is to t _place before January 25. 1978, 8) A_ recreationfee of $3 3. 0 is to be paid prior to issuance of any building permits_ 9) Deeds for all easements and the city street associated with phase 1 shall be reviewed and approved_ by the City Attorney prior to making application for phase 2; the condominium by-laws and articles of association shall be ,reviewed and approved -by the City Attorney prior to issuance of building permits. 10) With regard to sewage capacity the approval of phase 1 of this pro-gct_in noway alters the stance of the city regarding subsejcuent phases, i.e.. final plat applications will only be entertained on phase by phase basis, when and if capacity becomes available; the city is not obligated to a pprcve the balance_ of the project if additional sewage capacity is not forthcoming in the near or forseeable future. The motion was seconded by Mr. Morency and passed unanimously. Mr. Poger then moved to continue the public hearing for the Brand Condominiums for phases 2 through 4 for November 8, 1977 at 7.30 pm at City hall The motion was seconded by Mr. a'oolery and passed with Mr. Morency voting no. Sketch Plan Review, Goss property e--r,rtment plan, rear of 1485 Shelburne Road iyir. Robert Blanchard located the lot and said that it was 9.41 acres in size. They have looked for alternatives to entering from Shelburne Road but have not found any yet. The;; would come out near Gcss, where there is an existing PLANNING COMMISSION 2. JULY 5, 1�77 than 5 accidents per year is considered a high accident location, and that this intersection"Atout 15 per year. Mir. Woolery said that he would like to see approval tied to the upgrading of the street, and that if the agreement was worked out, people would probably exit through the University Mall property because it will eventually have a light. Mr. Levesque pointed out that the area was a source of much tax revenue to the City. Mr. Woolery said that if a north access ramp is constructed at the Dorset Street --Kennedy Drive access to the Interstate, that may soak up some of the traffic along the road. Mr. Vessel 'said that he would like to have Mr. Page work on an approval contingent on a certain level of service on the road and that he would like level C. Mr. Woolery thought that they would never get back to C and that that was not fair. Mr. Wessel suggested that when the level got to D, they could build and that way, if something approved was not built, or the improvements this summer provided more capacity than expected, they would be allowed to do it. If the situation deteriorated, they would not build. Mr. Levesque said that he did not think that having to wait for two traffic lights was an unstable condition. Mr. Morency said that he would like the City Attorney's opinion on the whole thing. Tor. Woolery moved that the South Burlington PlanninR Commission approve the subdivision.apElication of r.erlin, Inc., _.12 to set off the remaining vacant land of approximately 3.5 acres from the existing Howard Johnson's complex of 9 acres. 2 The restriction is that -the use be for a Red Coach Grill only. with a seat capacity, agreeme The City is willing to review by the City Atto nt to be OKe d by the City Attorne land offered by the a v Engineer. 41 This approval is subject to the restrictions of a) sewer, and b) final traffic data, i. e. that the level of service be code D or better. The motion was seconded by Mr. Levesque and passed with Mr. Morency voting nay. Deliberation on preliminary Plat application of Flanders Lumber and Hickok and Boardman Mr. Woolery moved that the South Burlington Planning Commission approve the preliminary plat application of Flanders Lumber and Hickok an oardman__Tnc`., fox a150 unit condominium roject all two bedroom units as depicted on a nn la -.entitled "Site_ Plan Brand Property Condominium Development..."� Airi.kn y_ ��'iemann-Lar4phere, dated _ 2%�11�77, revised 4 , 5 0,5% �24, an 6/10/77. This approval is based on positive findings reached by the Commission undwr r�rjQr subdivision and R-PTID`excep as otherw-�"se noted-, and i� su�j�ct-to the_ -following stipulations: - —��- 1) The central roadway shall be a cit way to be shown on the final plat; building Are-Y Lved to a minimum of �5' _ --' 2) Entrances to o I)arking are to be e. street; with a 60' right of 014- set backs from the right of way areas are to be 27' wide tween rows 3) After completion of Phase II, a graveled roadway, 20'- in width, hall be extended to Dorset Street, with a lockable gate, �`ory'emerericy access purposes. ---_�_---------_-___ PLANNING COMISSION 4) A recreation fee _of $1311 shall be paid, in proportion pf units to be constructed. when build p_permits are issued. 5) The sidewalk shall be extended to the east property line. 6) The land proposed for dedication to the City is unsuitable because of _no _a_ccess; is --- an alternative_, the Commission would perfer the dedication of_a_ pedeutxian easement along the old railroad bed, along the southern sage of theerorert y., s--- 3• JULY 5, 1977 to the number 7) Existing loose fill near the 8 unit building at the northeast •---_��_;_____M_ �.__ _ rop corner of the project shall be removed andreplacedwith clean fill, p- properly compacted. 8) Building locations shall be adjusted so_as_to_provide a 30! minimum spacing between them throughout, plus a 15'_ set back from the break in grade as delineated on_the plan of record, the--8- t -- ing fronting '__.._ d .-ci-ty--s-t-reet shall be--rel-oe--ted .ao-a$--to--have its own. off- street_parking.- 9) Street lighting shall be shown on the final plat. 10) Landscaping which will stabilize steep banks and increase�riva� shall be installed; landscaping plans must be reviewed and approved Prior to issuance of building r pemits; — 11) Fire hydrant location shall be as approved by the Fire Chief. 12) Provisions for storm _draina a shall rporate the recommendations ___ ) of the Soil Conservation Service letter of 5 24 ?7 and be as approved by the City Engineer. 13) Layo streets, curbi t and specifications of water supply, sewage disposal. a. and sidewalks shall be as approved by the City Engineer. 14) Based on the estimates of the City Engineer, and in light of other subdivision approvals previously_. granted _there is not adequate sewage capacity to a ccomodate this project, or any of _the phases proposed, at the present time. 15) Based on the applicant's statement that the proposed units will sell for22-36,000, the Commissionfindsthat this application conforms to the Comprehensive Plan by providing new, mo erate.incc Fr3.tisf a dennnstrated demand-. 16) In consideration of the above findings, the Commission will entertain final plat applications, on a^phase by phase basis, as-scAwage apacity becomes available. The availability_of sewge_cipscity wild e c deter; i_red by the_City's policy cn sewage allocation, to be formulated in the near future. The conditions of this aipproval must be complied with before the Commission_will__take action on any final —plat a--plications. The motion was seconded by Mr. Morency and passed unanimously. 3/22/84 MDTION OF APPROVAL That the South Burlington Planning Commission approve the revised final plat application of Flanders -Boardman for phase III (32 units) of Grandview Condo- minimuns as depicted on a entitled "Location plan - Howard Brand lands", dated February 17, 1984 and other plans entitled "Grandview Condominiums Phase III, dated February 6 and 7, 1984 prepared by Donald L. Hamlin Consulting Engineers, subject to the following stipulations: 1) This approval supplements the conditions of preliminary approval (7/5/77) and final approval for phase I (10/25/78) phase II (1/10/78) phase IV (9/26/78), which are applicable to the entire project. 2) The recreational fee shall be paid prior to issuance of permits at a rate of $8.74 per unit. 3) Phasing of construction is revised to allow construction of 32 units in 1984. 4) Sidewalk shall be constructed along with phase III, performance bond in the amount of 7,000 dollars shall be posted prior to issuance of permits. 5) Parking spaces shall be constructed within phase III to be occupied by residents of phase II. Legal documents shall be approved by the City Attorney prior to recording. 6) The final plat shall be recorded within 90 days. NP PLANNING COMMISSION MARCH 27, 1984 be dedicated to the City for future road widening. 2. That a landscaping bond in the amount of $350 be posted and a revised_ Plan showing the additional landscaping be filed with the City Planner prior to issuance of a permit. 3. That the Planning Commission waive the parking requirements to twenty-two 22 spaces in accordance with Section 19.258 of the Zoning Regulations. 4. No more than 4000 sq. ft. of retail space shall be allowed without further review by the Planning Commission. 5. This approval shall expire within six (6) months. Mr. Belter seconded the motion and all voted for it. Review final plat application of Flanders -Boardman, Phase III of Grandview Condominiums, construction of 32 residential units, Mr. Lyn Palin Mr. Ward noted that phase 2, across the street, had been built without enough parking. This plan will show an area of 16 spaces which will be dedicated to phase 2. The entire development was approved with an average of 1.5 spaces per unit, but when it is complete, there will actually be 1.7 spaces per unit. The total number of units has been reduced from 150 to 146. Mr. Ward noted that this project was built as low-cost housing, but much of it is rented - 30% is owner occupied and the rest have tenants. Mr. Palin said the units had been hard to sell with high interest rates, but now that rates are falling he hoped to have more owners. Mr. Mona asked if the development could add more parking spaces and was told there was no way to do it. The overall plan was also approved at 1.5, which was the standard when they received preliminary plat approval in 1978. Mr. Mona asked that all parking spaces be shown on the plan. It was thought that there were 248 spaces. There will be a sidewalk on the south side of the road. Ms. Sassorossi said she was president of the Twin Oaks Association. She asked about the row of trees planted on the west side of Twin:,0aks. Terrace and was told that those had been planted by the Grandview Association, and were not part of the original plan here. She then asked about the dumpsters left in the right of way at the top of the hill. Mr. Jacob felt a letter from Mr. Ward to the proper Association pointing out the situation would help. He also felt some screening of the dumpsters should be added. Mr. Ward said he would check into the situation. Ms. Sassorossi then said Twin Oaks had been approached about crossing their property and the brook to put up some screening from the Interstate. After some discussion it was determined that this was an Environmental Agency request and was not relevant to this hearing. Mr. Jacob moved that the South Burlington Planning Commission approve the revised final plat application of Flanders -Boardman for phase III 32units of Grandview Condominiums as depicted on a plan entitled "Location Plan-Iogard Brand lands", dated February 17, 1984 and other plans entitled "Grandview Condominiums Phase III", dated February 6 and 7, 1984 perpared by Donald L. Hamlin Consulting Engineers, subject to the following stipulations: 1. This G12 PLANNING COMMISSION MARCH 27, 1984 2. The recreational fee shall be paid prior to issuance of permits, at a rate of $8.74 per unit. 3. Phasing of construction is revised to allow construction of 32 units in 1984. 4• Sidewalk shall be constructed along with phase III, performance bond in the amount of $7,000 shall be posted prior to issuance of permits. e 5. Parking spaces shall be constructed within phase III to be occupied by residents of phase II. Legal documents shall be approved by the City Attorney prior to recording. 6. The final plat shall show all parking spaces as required and shall be recorded within 90 days. Mrs. Maher seconded the motion. Mr. Krassner raised the question of erosion on the banks. Mr. Mona asked Mr. Ward to look at the erosion and send the affected party a letter regarding it. Mr. Palin said that if it was in the area that they still controlled, he would respond to the concern, but it might be under ownership of one of the associations. Mr. Mona felt Mr. Palin should work with Mr. Ward on this. The motion carried with all in favor. Discuss scheduling a meeting with Mr. Jeffrey Noyes, of Wagner, Heindel and Noyes, Inc., for the purpose of discussing the preliminary report on the hydrology of Bartlett Brook A date of April 17th was chosen for this meeting, however, it was changed at the end of this meeting, under Other Business. Preliminary plat application, University Mall Realty Trust, construction of a new building and parking area for Hannaford Foods and Hilson Home Center, and the expansion of a southern wing plus parking, containing approximately 211,000 sq. ft., University Hall, 156 Dorset Street, Mr. George Khouri Mr. Jacob removed himself from the discussion due to a conflict of interest. Mr. David Spitz sat in in his capacity as the city's consultant. Mr. Khouri said there had been so much concern expressed about relocation of the brook and incursion into the CO zone that they had redrawn the plan to locate Hilson and the Hannaford building farther from the brook. They will now not do anything to the brook. He said they would use a sub -grade resevoir system, which is perforated pipe surrounded by crushed stone,wrapped in a film. This not only takes drainage to its ultimate outfall, but also acts to hold more water. The water will eventually run into the stream and across the Interstate. Mr. Spitz said the Interstate setback issue will still have to go before the Zoning Board, but there is a provision in the ordinance which might apply. It allows an extension of 50' from one zone into another on a conditional use basis. If the Zoning Board grants this, they will keep the building 150' from the right of way, but the parking could be within 1001. The conditional use request will be heard by the Board on April 9, but the variance request is still on the table. Mr. Khouri said the building, if the conditional use were allowed, would actually be from 130-180' from the Interstate fence, which is the right of way in most cases. Mr. Khouri said they would leave a buffer of existing trees between the December 14, 1983 Mr. Lyn Palin Hickok & Boardman Realty 346 Shelburne Street Burlington, Vermnt 05401 Re: Grandview Dear Lyn: Be advised that your request for a one year extension for the Grandview project has been granted by the Planning Commission on December 13, 1983. All permits for the balance of 46 units must be obtained no later than Dec- ember 31, 1984. Very truly, Richard Ward, Zoning Administrative Officer lw/acg HICKOK& Burlington, Shelburne Street, Burlington, Vermont 054C Phone 863-1500 130-ARDI���N f�ALTY INC December 2, 1983 Mr. Richard Ward City of South aurliiigton 575 Dorset Street South Burlington, VT 05401 Dear Dick, Confirming our telephone conversation of November 30, 1 am hereby making a formal request for an extension of time in which to obtain building permits and complete construction of our Grand- view Condominiunn project. The present deadline for obtaining all building permits is December 31, 1933. Our original project approval was for 150, 2 bedroom living units in four phases. We have completed 98 units and have 6 units presently under construction, leaving a balance of 46 units for which we will need building permits. The origination of the Grandview project predates W affilia- tion with Hickok & Boardman Realty, Inc., but as I understand the situation, from reviewing the files, the project was intended to furnish moderately priced housing for South Burlington residents. That was a condition of the original permit. The Flanders -Boardman partnership has held to the plan. in spite of skyrocketing interest rates which literally made it impossible for the people the project was planned for to buy. The "crunch" of high interest rates has taken so many potential buyers out of the market that we have had to build out at a drastically reduced pace. We respectfully request that the planning commission give due consideration to the mortgage market forces which have caused this project to be substantially delayed, and grant an extension for obtaining building permits until December 31, 1984. Sincerely, Lyn Palin, Manager Flanders -Boardman Partnership REALTOR. LP/amc P TO A O D I AGE L 'I""' Memorandum Next week's agenda items 12/9/83 Page 2 3. Should the Planning Commission agree with this request I suggest a formal agreement protecting the fact that the Indian Creek Association will keep the road clear of snow at all times. 5) Bourdeau-Rye, Milot-O'Brien 1. Application continued from November 8, 1983 meeting. 2. Major issue at that meeting being connector to Georgetown Condonimums. Understand that a meeting was held between both groups. Connector not favored by them. 3. Fire Chief expressed concerns regarding building locations (see enclosed letter) . 4. See comments of November 4, 1983 from staff. 5. No motion prepared at this time. Suggest continuation to next regular meeting. 5) Grandview Development, Mr. Lyn Palin 1. The deadline for obtaining all permits is 12/31/83 (see enclosed letter). 2. Requests for a one year extension by other developers has been accepted, see no reason not to honor on this request. 7) On November 14, 1983 the City Council met with the City Representatives to discuss pending legislation. This year amendments to Act 250 may be considered. The Council has requested input from the Planning Commission, see copy of these minutes relating to the November 14 disucssion. April 4, 1984 Mr- Lyn Malin Hickok & Boardman 346 Shelburne street Burlington, Vermont 05401 Dear Mr. Palin: Be advised that final approval has been granted to Phas11 included Grandview. The bond fOr Construction of the Sidewalk cane1be within Your existing bonds, we will need a revised document. If you have any questions Please don't hesitate to call me . W/hCg very truly, Richard Ward, Zoning Administrative Officer Memorandum Next week's agenda items 3/23/84 Page 3 Other methods of trash removal should be considered. One idea would be the installation of an incinerator. 5) Bartlett Brook, Preliminary report on the hydrology The study which was contracted by the City some time ago with Wagner, Heindel and Noyes, Inc., is completed. Mr. Jeffrey Noyes will be meeting with the Chairman of the Commission and the City Engineer . After that meeting Mr. Noyes will meet with the Commission. Scheduling a meeting with Mr. Noyes should be discussed. Suggest a special meeting on a Tuesday night, other than a regular meeting date. PLANNING COMMISSION• APRIL 28, 1981 The South Burlington Planning Commission held a regular meeting on Tuesday, April 28, 1981 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Ernest Levesque, Peter Jacob, James Ewing, Robert Walsh Members Absent George Mona, Kirk Woolery Others Present Douglas Schner, Richmond Hopkins, Charles Shea, Michael & David Brassard, Molly Moore-Kuhler, George Hart, Omer, Joe, Edmund and Stella Chastenay, Alice Wheel, Maureen Hallihan, Larry & B. Gerlack, W. Douglas, Ray Unsworth, Richard Lang, Lyn Palin, John Benedict Mr. Poger noted the absence of the Planner for this meeting. Minutes of April 21, 1981 The April 21, 1981 minutes were approved on a motion by Mr. Ewing, a second by Mr. Jacob, and a unanimous vote. P,-k :•., nt•:tion b Flanders -Boardman ,,on revised rice ceilings for Grandview char; �e from condominiums to apartments) Mr. Palin had sent the city two letters on the subject, one dated 4/10/81 and the other dated 4/21/81. Copies are on file with the Planner. Mr. Poger noted that the units were approved to provide low-cost ownership and that when the price ceilings were raised, they were asked to make a presentation to the Commission. Mr. Palin said they were not asking for a price change. Rather, they want to complete the project as apartments instead of condominiums for economic reasons. To afford a unit, a prospective owner must earn $29,000. The present base price will not change, but some of the units will be sold for rental use. They feel they are still meeting the objective of providing low cost housing. Apartments are in demand now and these will be affordable by people making 118-19,000 per year. Mr. Palin said the long term objective will still be to have the units condominiums. Mr. Levesque did not object to the proposal but felt more trees should be planted. Mr. Palin felt the second phase would look better than the first. There may be a change in the siding materials, but otherwise the units will be the :came. r�r. Ewing moved that the Planning; Commission approve a rental ceiling price of �,415 per month for the Grandview project. The sales ceiling price of 43,000 for condominiums shall remain in effect. Mr. Jacob seconded the motion and it carried 5-0. To: MEMORANDUM South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 4/24/81 2) Grandview Enclosed are 2 letters from Lyn Palin, manager of the Grandview project, re- garding the proposed change from condominium to rental units and the new ceiling price. The proposed rental ceiling of $415 does not appear to exceed the previously ,ippLovexl sales ceiling for condominiums of $43,000 (8/26/80). In fact, the rental price appears to allow even lower -income residents than under the condominium arrange- ment. Procedurally, the Comnission does not need to grant revised final plat approval. The following would be sufficient: "...that the Planning Commission approve a rental ceiling price of $415 per month for the Grandview project. The sales ceiling price of$43,000 for condominiums shall remain in effect." 3) Douglas sawed by r-O-W R;d3e- wood Proposed subdivision is on Spear Street south of I-89 in an Rl zone (within 500 feet of Spear Street). Existing 2.6 acre lot is split by a 50 foot right-of- way serving 2 rear lots. Rear lots are not part of this subdivision. Front parcel would be split into 2 lots each with sufficient lot size and frontage. One lot has an existing house; the other is vacant. The only issue is whether a soils test will be required. Applicant is not proposing to develop at this time and requests that the soil test be waived. My general recommendation is that whenever a new unsewered lot is created there should be sufficient evidence to show that a septic system can work at that site. In this case, soil appears to be sandy and a soil boring, rather than a full percolation test, should be sufficient. Donald L. Hamlin CONSULTING ENGINEERS, INC. P.O. BOX 9 ESSEX JUNCTION, VERMONT 05452 TELEPHONE: (802) 878-3956 (802) 878-5123 TO�.. C kT"( AAA I. L. yHand Carry LETTL_ ! OF TRANSMITTAL i DATE JOB NO. L _7*7-v ATTENTION • RE. GENTLEMEN: WE ARE SENDING YOU Attached ❑ Under separate cover via ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ the following items: ❑ Samples ❑ Specifications COPIES DATE PAGE DESCRIPTION CC oEm, A IT A4- AR THESE ARE TRANSMITTED as checked below: xFor approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints For review and comment ALA70 C_Ejoa,Q, N)r., r 17t( if6tY 0—F FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED:_ 1M QCP 1079 If enclosures are not as noted, kindly notify us at once. 3. PLANNING CO.',,YISSION AUGUST 26, 1980 Mr. Walsh seconded the motion. The question of how to defi e the cost of the building was discussed and Mr. Spitz said he would look into it. Xr. Ward felt the regulations referred to the construction cost. The motion carried unanimously. Ap lication of Flanders -Boardman for revised final plat approval of phase IV 24 units of Grandview Condominiums, also entitled "Southridge" Mr. Spitz noted that the question of landscaping had been discussed a few times by the Co=ission. He said he had checked this week and that there were ouite a few trees at the top of the bank and near the buildings. It seems that the landscaping is planted to the amount required and that it is in gcod shape. The problem seems to be with the site, not with what the developers have done. Mr. Poger suggested asking for more landscaping because the development is near a major corner in the city with no visual buffer. Xr. Spitz said there were a lot of small trees which could not be seen from Kennedy Drive. I•Ir. Palin said the reason for the new name of Southridge and a new condominium association had to do with financing for the project. fie said phase 1 was complete and that they now wanted to construct phase 4 (24 units). There has been some building relocation done in response to requirements of other agencies. The configuration has also been changed a little. Mr. Mona did not want Grandview Drive to become Twin Oaks Terrace in the middle of the street and placing the street sign at the corner was suggested. Mr. Levesque arrived at this time. I1r. Palin hoped to perhaps start additional units in phase 2 later this year if financing became available. They will not start more than 40 units in 1980, though. The phasing which has been discussed is 40 units in 1980, 50 in 1981 and 18 in 1982. Xr. Woolery said that if any buildings were started, he would like to know where they were and to have them completed. J:r. Spitz suggested that if a building permit were issued and a unit started, that would count as a unit in the phasing schedule. Ts. Palin had no problem with that. The question was asked of when the road to Dorset Street would be completed. The Commission has said that as a policy they do not want more than 50 units on a street with one access point. The Commission wanted to outline exactly when the road would be expected to be finished. It was decided that the road would have to be built either at the 83rd unit or at the start of construction of the second parking lot in phase 2, whichever was sooner. Mr. Woolery raised the question of the developer selling the project (and with it, the obligation to construct the street). He wondered if the City Attorney could give the Co=ission any thoughts on this and he mentioned getting the bond from the original developer. Kr. Curtis said his firm had an escrow account for the roads which guaranteed that the work would be done. The developers want to raise the ceiling price of the units from E39 - 43,000. It has been 15 months since the last units were approved, and the increase is 8!11 or, annualized, 10-11;'. The Commission felt this was reasonable. ts. Ewing asked how many of these units were owner -occupied and was told that landlords owned 15 out of 42. Xr. Ewing felt this defeated the principals of low cost housing, which the Co=ission had favored. Kr. Curtis felt they were working within the intent of the Commission. Yr. Woolery moved that the South Eurlin^tcn Planning Commission a...orove the revised final plat application of Flanders Board=En for phase IV 24 units of Grandview Condominiums as depicted on an as -built plan zlus 5 pates entitled "Southridge Cordo-iriu=s, mite Plan, raase V,last rcvised V137LU and prepared by Ha-.lin Consulting Engineers, 'subject to the following sti:.ulations: 4. PLANNING COMISSION AUGUST 26, 1980 1. This approval supplements the conditions of preliminaryapproval 7 5 77 and of final approval for phase• 10 25/78 , phase II 1 10 78 , and phases III and IV C9726/78T, which are applicable to the entire project. 2. The recreation fee shall be paid at the rate of -8.74 Der unit 3. Phasing of construction shall be revised according to the following schedule: a) 40 units in 1980, 50 units in 1981, and 18 units in 1982 b) Road construction shall be completed through to Dorset Street upon the start of the 83rd unit or construction of the second parking lot in Dhase II, whichever is first. 4. The exact locations of two pedestrian trails and a sanitary sewer easement, as depicted in red on a map marked "Ped Trails" and dated 11 28 77, shall be indicated on the final plat. The trails may be relocated according to the followin.7 provisions: a) the southerly pedestrian easement is subject to relocation, if the homeowner's association locates tennis courts or ,ardens which may conflict with the use of the pathway at the southeast corner of the property b) the northerly pedestrian easement (which extends 15' southerly of the 2 5' contour) may be relocated if the developer or homeowner's association is compelled to install storm drainage facilities whose location may conflict with the use of the pathway at the northeast corner of the property. 5. Legal documents, including a declaration of covenants and easements and offers of dedication for the pedestrian trails and sanitary sewer, shall be submitted to and approved by the City Attorney prior to issuance of the first building permit. 6. The sidewalk shall be constructed continuously across driveways. 7. Curbs shall continue across driveways as depressed concrete curbs. B. The final plat shall be recorded within 90 days. �'s. Walsh seconded the notion and it passed with all in. favor. l prlication by Harold 3ensen for sketch plan review of an office building in Executive Office Parr on Fetch.en Roed ':r. Spitz said the total lot had 3.7 acres of land and that there were two buildings on that lot now. Yr. 3ensen said that at a previous me-eting he had told the Co—ission that he would eventually wart 4-5 build'-:.-s on the lot. At that meeting making his rrivate street a yutlic cne wEs also discussed. 'Now he feels he would not want more than two pore iuilairts or. the lot, for a total cf 4. Ti.e total square footage of the two new buildings wc::ld rrci;ably be about 20, i3OC' he said. His intent is to construct a duplicate of Lilding 2, stLrting about 1C0' fro= the ezistirb buildinL. He wanted a"three story (staying within the 35' tall restriction) i :I PUBLIC HEARING SOUTH ''BURL INGTON PLANNING COMMI S S ION + The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South-: Burlington, Vermont on Tuesday, i A„g„sf 26 , 1980. at 7:30 p.m., to consider the following: I. Revised final plat application by James O'Brien for a modification'to Brookwood Village (previously Oakbrook ). Property is bounded by O'Brien's — lot to the east, by Brookwood Drive to the north, and by Brookwood lots 22 23 _ and 30 to the south and west. 2. Revised final plat application by Rene Rararr3 for reinrlugion „f_lGt__l8 in a commercial subdivision on Berard Drive P-opex-ty_. i - bo ncle h�_b A rpGT-t —_ Parkway, lands of the applicant, Auto Canteen Company, the City of SQ-uth Burlington, and the Winooski River. 3. Revised final plat application by Flanders -Boardman for phase IV (24 s) of Grandview Condominiums, also entitled "Southridge." Application includes revised phasing schedule forentire project. Property -is 7bounded on the south by lands of the State of Vermont, on the west by Dorset Street, on the north_ by Kennedy Drive and lands of John Ewing and Stokes Gentry, and on the east by Twin Oaks. Copies of the applications are available for public inspection at the South Burlington City Hall. Sidney B. Poger, Chairman South Burlington Planning Commission t 9, 1980 a y4 q, le CITY OF SOUTH BURLINGTON ' Subdivision Application - FINAL PLAT I Name of Applicant FL g-IV r-> r R E Wo &,e P-> Ai `v II Name of Subdivision I S3 V T N i M D Co E CC #RrV a (�,1-C w--PsF&-S-C III Indicate any changes, to name, address, or phone number of 1peV owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary plat application: IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, since preliminary plat application G V- t Eti' T,q- i- -4 VA- R }C to © 'TS , U r— �8QCt-.C, [ot Q� V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and lenoth of every street line, lot line, boudary line and to reproduce such lines upon the ground. Where applicable these should be tied to reference points previously established by the city. -2- (4) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street. (5) By property designation on such Plat, all public space for which offers of cession are made by the subdivider and those spaces title to which is reserved by him. (6) Lots within the subdivision nuibered in numerical or6er within blocks, and bloc?;s lettered in alphabetical order. (7) The location of all of the improve.nents re- erred 'Co in Section 301.1-tar_d in aocit_on tilareto the location of all utility poles, se::age 6isposal sj stej-�,s, ;pater supply systems and rough grading and other eevices and i-iiethods of draining the area affecting the sub6ivision. (8) Permanent reference :,ionu-ients sho-.-.-n thus: "V" and lot corner 7-narhers shown thus: "0". (9) Construction drawings of all ':equired i-iprovznents. VI Lnclose supporting 6ocuments listed below4UQY (1) Copies of -proposed seeds, agree-ments or other 6ocu`.ients showing the manner in which open space, including park and recreational areas and school site areas, are to be dedicated, reserved and maintained and a certificate of the City Attorne-y that these documents are satisfactory. (2) A certificate of the City angineer as to the satisfactory completion of all inarovemaents required by, the Co i-nis sion, or, in lieu of any required Lr�provements not so completed, a performance bond to secure cor:ipletion of such i-itprovements and their maintenance for a period of two years, and written evidence that the City Council is satisfied either with the bonding or surety company or with security furnished by the subdivider. A - (3) A copy of such covenants or dead restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is required. (5) In the case of a subdivision or eevelopment served by a privately o,med and/or maintained street:_ (a) a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right-of-way, and a certi- fic--te of the City Attorney that these documents are satisfactory. -3- (b) a completed contract between the lan6o,•mer and the city regarding the number of lots or dwelling units to be served by the proposed right-of-way or private _ .street and the responsibility for the roadway maint- enance, along ' with a certificate of the Ci:.-_7 Attorney that the contract is satisfactory. e/ A � (sicnature) a plicant or contact person cats MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next weeks agenda Date: 8/22/80 4) Knights of Columbus, Berard Drive 1. Curb opening shall be constructed by removing existing curb and constructing depressed concrete curb opening. 2. Parking lot should be entirely within the top of bank area shown, lot as shown (60' x 73') cannot accomodate 18 cars. The 75' R.O.W. is seldom used. Additional parking may be permitted within this R.O.W. 5) Grandview (Brand Condominiums) 1. Sidewalk shall be constructed continuously across driveways. 2. Curbs shall continue across driveways as depressed concrete curbs. 7) Farrell Building, 1820 Shelburne Read 1. Culvert size not shown. 2. Driveway radii should be 20'. 3. The parking lot should have a drainage collection system. 4. There is an existing building drain system including grit interceptor which should be shown on the plans. 1 MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next weeks agenda items Date: 8/22/80 3) O'Brien - Brookwood Mr. O'Brien wants to buy 3,472 square feet to add to his existing lot. It will come from lot 31 which has well above the minimum lot size and side yard. See map. 4) K of C - Berard Drive The Planning Commission gave preliminary approval to lot 18 last summer, but the lot was deleted after questions arose regarding impact on the adjacent airport approach lights. However, the airport has since indicated that develop- ment on the plateau above the lights will not pose a problem. The proposed use was approved by the Zoning Board last month. Sane parking and layout problems still exist and hopefully will be resolved by Tuesday's meeting. Grandview Because of financing requirements, applicant wishes to reverse the projects' phasing order and construct Phase IV next. Buildings will be shifted slightly. Applicant is also requesting a higher salesprice ceiling due to inflationary costs. See attached letter. 6) Benson Applicant has two existing buildings on a 3.7 acre parcel with 145 feet of public road frontage. Current proposal is for a third building; applicant also wants to explore total potentiality for development of the parcel. Property might qualify as a PCD in combination with one or more adjacent properties. Consideration has been given previously to extension of road to the cinema parking lot and perhaps as a service road behind Williston Road. .7) Moore (Farrell) I am enclosing a memo frcm Dick Ward and a Planning Commission site plan review from last October pertaining to the use of this property. Building is proposed for offices and is within the maximum square footage for the C2 zone. Parking spaces required by the ordinance nu±nber 56. iij-plicant feels 45 is sufficient and has shown 48. Spaces are sized at 10' x 16' per the ordinance which, as I have described to you in other reviews, is contrary to most standards. HICKOK& BOARDMAN REALTYINC. Mr. David Spitz, City Planner City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Dear Mr. Spitz: 346 Shelburne Street, Burlington, Vermont 05, .! Phone 658-3500 August 18, 1980 Ml5 113 REALTOR" Confirming our discussion in your office last week, we are submitting herewith a request for approval of a building schedule change at our Grandview Condominium project. Phase I is complete and due to the financing restrictions placed on us by F.H.A. for approval of revised mortgages approved by the agency, we propose to begin construction next on Phase IV consisting of 24 units. We would propose the following schedule revision: PHASE START DATE COMPLETION DATE IV 8/26/80 1/l/82 II 9/15/80 11/1/83 III 5/ 1/81 1/l/84 You will note that there is a substantial overlap in the building schedule for Phases II and IV, and that we would possibly be building in both of these phases this year. The explanation for this is that we would be using two different financing approaches provided both are available to us. We respectfully request a new ceiling price for Phase IV of $43,000. The existing ceiling price of $39,000 was approved by the Planning Commission on May 22, 1979. Our proposed increase in the ceiling reflects an 8% annual rate of increase. You will note from the enclosed letter from Dana Corporation that building construction costs to us will be up 10% from 1979.. The most recent figures available to us from the Federal Reserve Bulletin show the following rates of inflation: From May 1979 to May 1980 - Materials prices were up 13.7%. In view of the above, we feel that we are making every reasonable effort to hold our prices to the lowest possible level. S' Rerel , L�alin Assistant Manager LP:bc Enc. Shelburne Street, HIrKOK& , Burlington, Burlington, Vermont 05• BOARDMAN Phone 658-3500 REALTYINC. December 6, 1979 Mr. Richard Ward Zoning Administrator City of South Burlington South Burlington City Office Building Williston Road South Burlington, Vermont 05401 RE: Grandview Condominiums Dear Dick: Referring to the approvals given by the Planning Commission under date of September 26, 1978, regarding the expiration of approval and construction completed dates. I find that because of the mortgage money situation during the past summer, it was not possible for Flanders Boardman to complete the first two phases comprising of 90 units. We are, however, in the last stages of finishing the first phase of 42 units. We have contracts on these units at the present time and anticipate they will be closed during 1979. MlS REALroa� We would anticipate at the present time that the following schedule would be realistic and attainable. phase IT to start as soon as weather conditions permit after January 1, 1980 and be completed by January 1, 1981. Phase III to start January 1, 1981 and be completed January 1, 1982. Phase IV to be started January 1, 1982 and completion January 1, 1983. In regard to the sales price of these units, we are not certain at this time just what the inflation will be, however, we are certain that there will have to be an increase in price over the present asking price of $37,900.00. I would guess that this would approximate a price of $42,900.00 because we have held the $37,900.00 price through Phase I with many of our costs exceed- ing the estimated prices. _2_ If you need someone at the present for the Planning Commission meeting from Flanders Boardman, kindly let me know and I will make arrangements; also if you require any additional information in regard to the above, let me know and I will forward it to you. Sincerely yours, �/ ,( e a4-z� Roger E. Curtis Flanders Boardman REC;bc ADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREEMENTS LANDSCAPING SEWER WATER STORM DRAINAGE ROADS CURBS SIDEWALKS (NOTE ALL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTED, & SITE ' . ti� / / -r INSPECTIONS COMPLETED, ETC.: 2/11117 J 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED ACCEPTED 5. CERTIFICATE OF TITLE x 6. ROADWAYS DEEDS FOR CITY STlDEETS ACCEPTED PRIVATE ROAD & WAIVER AGREEMENT x 7. FINAL PLAT OR RECORD COPY - STAMPED SIGNED, & FILED OR RECORDED 8. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MISCELLANEOUS AGREEMENTS LAND FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHER 10. COPY OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) 11. FEES - PAID/DATE HEARING BUILDING PERMIT ENGINEERING INSP. SEWER RECREATION (RECORD CALCULATIONS AND DEPOSIT IN ACCOUNT) 12. IMPACT FOLLOW UP i.e., "ON LINE" EVALUATION: SCHOOL KIDS CAR COUNTS 4. PLANNING COMMISSION JULY 10, 1979 extension have been filed with and approved by the City Engineer and the City Water Department. A bond in an appropriate amount shall be_p(�sted. 2. The final plat shall show the existing sewer easement, and be recorded within 90 days. Mr. Draper seconded the motion. Mr. Woolery moved to amend the motion to add: 3. This approval shall_ expire one year from this date. Mr. Ewing seconded the motion and it passed with Mr. Draper abstaining. The motion passed with all in favor. ew revised final plat fo* Grandview Condominiums Mr. Page said the number of units was the same as the original plat but that they had been relocated. The buildings are now farther from the bank. An additional parking lot had been inadvertently left off the plan on file with the city but that will be corrected. Mr. Curtis said that if they could get the money they would like to build the entire tZ.C�W . this year but if they cannot, they will just build phase 1. If they just build one phase, there will be a cul-de-sac constructed. Mr. Page said that the parking lot for cluster M was a little away from the building. He hoped to minimize on -street parking for that cluster. Mr. Draper asked about lighting and was told the District Environmental Commission had mentioned some sophisticated lighting that Green Mountain Power would not and the Grandview residents could not, maintain. The final decision on lighting has not been made yet, however. Mr. Draper asked if the developer wanted to see safe and properly designed highway lighting on the street and was told that of course they did. Mr. Curtis did not want to see really tall poles, though. Mr. Draper felt that the Environmental Board wanted to see low profile lighting where one could not see the actual light itself. He said that on a public way, that meant the developer would have to put in at least 50% more fixtures for the same amount of light and he felt that was not good energy use. Mr. Poger asked Mr. Page to look into the question and discuss it at the next meeting. Mr. Woolery moved that the South Burlington Planning Commission approve the revised final plat of Grandview Acres Condominiums, as depicted on a plan entitled "Development Plan ..Grandview Acres Condominiums" drawn by Hamlin Consulting_ Engineers dated 6 12 79, subject to the following stipulations: 1. This a roval pertains to the relocation of 4 units into an additional building group M only; the total number of units remains the same. 2. This approval supplements all applicable stipulations of previous approvals. 3. The parking lot for group A. as shown on previous plans, -shall be --- added to the plat to be recorded. 4. Group M shall be linked to the nearest off street parking area with internal walkways. 5. The final plat shall be,recorded within 90 days. Air. Draper seconded the motion and it passed without dissent. SSP 7/10/79 SUGGESTED MOTION OF APPROVAL - Grandview Condominiums I move that the South Burlington Planning Commission approve the revised final plat of Grandview Acres Condominiums, as depicted on a plan entitled "Development Plan... Grandview Acres Condo- miniums" drawn by Hamlin Consulting Engineers dated 6/12/79, subject to the following stipulations: 1. this approval pertains to the relocation of 4 units into an additional building (group M) only; the number of units remains the same. 2. This approval supplements all applicable stipulations of previous approvals. 3. the parking lot for group A, as shown on previous plans, shall be added to the plat to be recorded. 4. Group M shall be linked to the nearest off street parking area with internal walkways. 5. the final plat shall be recorded within 90 days. To: From: Re: Date: #2 :•M E M O RAND UM South Burlington Planning Commission Stephen Page, Planner Next Meeting's Agenda Items 7/5/79 Berard Final Plat The lot adjacent to the airport approach lights has been deleted because of inadequate flyover clearance. The other as- pects of the plan remain as before. #3 Twin Oaks Revised Final Plat Layout revisions are proposed for phases II & III; they in- clude building configuration, a second curb cut on Kennedy Drive, addition of a trailer storage area, and city streets throughout. The new layout preserves the entire wooded buffer area along the east property line, which was a major concern of the adjoining Forest Park Condominium residents. I am opposed to the additional access on Kennedy Drive because there will be a future connection to Timber Lane and Kennedy is such an important arterial. Action on the plat should be deferred until final engineering is com- pleted, which can be done after the Commission has decided on an acceptable overall layout plan. A revised phasing plan is also being submitted. #4 Boisvert Preliminart Plat It should be made clear (i.e., note on plan to be recorded) that a substantial portion of the area on the 2 proposed lots is in the C-O district and thus is not suitable for construction purposes. #5 Victory Final Plat This is a simple 1 lot subdivision, which will tap into an existing sewer; there will be a short water main extension. How- ever, the application is incomplete at this time. #6 (Grandvi Condominiums (Brand property) Revised Final Plat The layout of buildings has been revised by pulling some of them back in away from the bank; the unit distribution among buildin, has also changed, resulting in one additional 4 unit building, altho the total number of units is the same. I have no adverse comments o the proposed plan. However, the parking lot for the first cluster of units has been (inadvertently?) omitted; also, I suggest that the walks for the new building (M) lead to the adjoining parking are to minimize the amount of on -street parking. Layout changes for phases III & IV should be reviewed later, when utilities and the street have been constructed and their location firmly established. Memorandum 5/18/79 Page 6 #7 Day Care Center Review When the day care center at the corner of Shelburne Road and Brewer Parkway was approved last September, it was subject to a review by the Planner for adequacy of access, circulation, and parking. On numerous occassions (6+), from January through April of this year, I observed the site at morning, noon and evening peak traffic hours. With one exception (when there were 8 - 10 cars in the lot), there have never been more than 2 cars in the lot. Cir- culation and parking activity associated with the day care center appear to be extremely nominal. Ms. Woodward has informed me that this is largely because she is transporting nearly all of her students (as opposed to the 40 - 50'/ she originally estimated) yio vaN _ I feel this use meets the criteria set forth in the approval; I will continue to monitor the use until September, when the City Council will conduct a similar review. #8 Pricing_gn Grandview Condominium Units When this project (to the west o Twin Oaks Tennis Center) was given final approval by the Commission in January, 1978, a price ceiling of $36,OOO was imposed on all units, unless otherwise waived by the Commission due to inflation. Certain concessions were granted to the developer based on his claim of building low cost housing - the price ceiling was imposed to confirm this. The developer has L1V1N bl.olteil ground dild i5 p1a1111.L11g tV 1ltCdrket the initial uillt('S at $37,900. I believe this is well within the spirit of the Commission's approval, particularly in light of the fact that an N.A.H.B. survey indicated that the cost of the average new single family dwelling increased 20°o from 1976 to 1977 (x�-+-`E+c #9 Meadowod South Draft findings may be available for the meeting. M E M O R A N D U M� TO: South Burlington Planning Commission FROM: William J. Szymanski, City Manager RE: Howard Brand Land, Dorset Street DATE: March 29, 1979 I have reviewed the plans for the above referenced project and have the following comments: 1. Curbs and sidewalks to be continuous across driveways. 2. Storm drain system, that will become city maintenance responsibility, shall be other than metal or aluminum pipe. 3. Road, sanitary and storm sewer profiles and grades shall be furnished. 4. Permit for opening Twin Oaks Drive shall be secured from the city. 5. Plans for the water system shall be reviewed by the City Water Department. 6. All sanitary manholes shall be so placed as to be readily accessible to mobile cleaning equipment. 7. Concrete curb reveal shall be 7 inches, not 6 inches as shown. 8. Sidewalk along Dorset Street should be straight. Existing trees may be removed. 9. Sewage pumping station, comments will be forwarded. 10. Reinforcement in sidewalks and curbs may be eliminated, however,sidewalk thickness at driveways shall be 8 inches. Respectfully submitted, William J. Szymanski City Manager No Text -r-1 Imo` p CG.tR�s -7- 11�zf;JV PLEASE DO NOT WRITE IN THIS SPACE NO. Filed; (Location) (Date) Signature of Coordinator/Corn. Member Rr �� ��i-. ARCHITECTS 1. Name, address and phone number of the person seeking this permit? 2. Name, address and phone number of the person to be contacted regarding this application? (Complete this only if different from #1 above.) James A. Lamphere, Architect 346 Shelburne Street, Burlington, Vermont 864-5711 Roger Curtis, Hickok Fi Boardman, 346 Shelburne St., Burlington, Vermont 658-3500 3. Describe the project briefly including its location, type, number of units, lots, etc. Indicate the high and low elevations and outline the tract of land on a county highway map and attach the map to this form. 1S0 Units on Old Brand Farm corner of Kpnnedv nyj ve 11irl IlnrcL,t Streets_. South Burlington, Vermont 4. Give the address of each of the applicant's offices in Vermont, if any. Flanders Lumber $ Building Supply, Inc 34 Park St Essex Junction Vt. Hickok & Boardman, 346 Shelburne Street, Burlington, Vermont 5. Does the applicant own the tract of land in fee simple? If not, what is the applicant's legal interest in the land, what is the name and address of the owner? , Option to purchase. When did the applicant acquire ownership or control of the land? 6. If the applicant is not applying as an individual, what kind of legal entity is the applicant filing as, e.g. partnership, corporation, etc., and the date and place the legal entity was formed. (Foreign corpora- tions must supply the date they registered with the Secretary of State for the State of Vermont, and the name of the person upon whom legal processes are to be served.) Partners in this venture are each a Vermont Corporation. 7. a. How r,,any acres are in the entire tract of land? In answering this, include the total acreage of the landowner. Twenty-six (26) b. How many acres are directly involved in this project? 26 8. On the back side of this page, write in the names and addresses of all adjoining property owners. If you are not the landowner, list the names and addresses of all property owners adjoining the landowner's tract of land. SEE ENCLOSED PLAN 9. When do you plan to begin this project? Spring, 1978 When will this project be completed? 4 Phases Complete in 1981 10. Attach, when applicable, a copy of; restrictive covenants to be used in deeds, restrictive provisions set forth in leases, bylaws of condominium associations, or any other restrictions. Non -applicable. _9- ) 11. Financing: a. Excluding the cost of the land, what is the total cost of the project? $3,000,000.00 . Applicants for subdivisions should include cost of any improvements, such as roads, ponds, etc. b. How will this project be funded, what financing has been obtained, and what additional financing will be necessary? No financing obtained to date. c. If performance bonds will be required of contractors, attach details of the bonds. 12. What municipal services do you intend to utilize? X police; X fire protection; X solid waste disposal; X- road maintenance; _ X_ sewage disposal; X water supply; ^— other. (expla.in). 13. Will this project involve any of the following: (chock those that apply.) a. Fuel burning equipment c. Incinerators b. Process equipment d. Air pollution control equipment NOTE: Complete 14 and 15 below only! when instructed to do sob a district coordina- tor. ` 14. I/we hereby certify and affirm under oath that I/we have notified by personal service or by certified mail, return receipt requested, the parties entitled to notice of my/our application pursuant to Title 10 VSA, §6084, as follows: (Each of the parties get a complete application, including plans): City of South Burlington, Williston Road, South Burlington, Vermont dame and Address of "-unicipa ity Planning Commission, City of South Burlington, South Burlington, Vermont (Name and Address o Municipa anning Commission Regional Planning Commission, Chittenden Cpunt.y, 58 Pearl St., Essex Jct., Vt. ame ano Hoaress of Kegional Planning Commission Si gnatufr— 15. I/we have arranged for a notice of application to be placed in (Newspaper) to be published for one day on a teT— under legal notices, and I/we have given a copy to the Town Clerk of and requested that it be posted. MASTER APPLICATION SCHEDULES TO BE ATTACHED: The checklist of schedules below refers to specific application material described in pages 11 through 15 of this manual. Before completing any sched- ule, call the district coordinator for your area. His address and phone number is on the map on page 5. The district coordinator will tell you which sche 1U'Ie' to complete and the number of copies to file with your ai_`plication. A - Plans and Specifications �— B - Act 250 G—] C - Sewage Disposal C� D - Water Supply E - Public Buildings F - Air Pollution Control copi es copies copies copies copies copies 9/25/78 SSP SUGGESTED MOTION? OF APPROVAL - BRAND CONDOMINIUMS I move that the South Burlington Planning Commission approve the final plat application of Hickok and Boardman and Flanders Lumber Company for approval of Phases III and IV of a 4 phase, 150 (all two bedroom) unit condominium project, as depicted on a 60 scale plan entitled "Site Plan (Brand Property)" drawn by Wiemann-Lamphere Architects, dated and a 30 scale plan entitled "Proposed Landscape and Grading Plan" drawn by diemann- Lamphere Architects, dated 5/18/78, subjectto the following stipulations: 1. The 30 scale plan portrays the grading and landscaping plans; the location of buildings, par7zing, and reqi ured improve- ments is shown on the 60 scale plan and accompanying 60 scale engineering plan by Donald Hamlin, dated 6/6/76. 2. The number and location of fire hydrants shall be as approved by the Fire Chief. 3. This approval supplements the conditions of preliminary approval (7/5/77), and of final approval for phase I (10/25/77), and phase II (1/10/78), which are applicable to the entire project. 4. The plat to be recorded shall indicate that it supercedes the previously recorded plans and also show the revised phasing schedule. 5. The duration of final approval is hereby extended 1 yer.r. The resulting phasing schedule is: Pha se E_ X�iiration of Approval Construction Complete 3v I 6/l/7c' 1/l/80 II u n III 6/l/80 1/1/31 IV 6/1/81 1/l/82 6. The landscaping plan shall be as api:zroved by the Tree Committee. .4f A Y � G M E M O R A N D U M To: Sout� Burlington Planning Commission From: Stephen Page, Planner Re: Next Meeting's Agenda Items Date: 9/21/78 #4 Brand Farm Condominiums Although I did not attend the meeting, the Fire Chief and the developer have apparently resolved their differences on lay- out. As a result several building locations and parking areas have been revised, none of which concern me; the location of the buildings, near the edge of the bank around the perimeter of the site, is unchanged. #5 DesLauriers 1 Lot Subdivision All is O.K. #6 Site Plan - Roostertail Conversion The plan is to convert the Roostertail Restaurant to a "Ground Round" Restaurant, and remove the existing motel building and office building. Right of way approval to a pre-existing duplex and house at the rear of the property is also involved. Access,via a single curb cut near the center of the frontage, is good - the median in the curb cut should be deleted. Circulation is excellent and parking is adequate; however, the aisle widths should be increased 2-41. Proposed landscaping exceeds the requirements of the ordinance. A paved connection, from the rear of the restaurant, could be provided to the rear of Shakey's, although its benefits are nominal. In addition, 12' of land should be required as a condition of approval, for the widening of Williston Road, and a permanent 20' easement must be provided to the rear lot. In sum, this proposal is a dramatic improvement over the existing situation in terms of aesthetics and zoning conformity. (See sketch location map on next page) i I PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 1 � The South Burlington Planning Commission will hold a public hearing at tle� South Burlington City Hall, Conference Room, 1175 Williston Road; South Burlington, Vermont on Tuesday, Sept. 12 1978. at 7:30 p.m., to consider the following: 1. Final Plat application of Trono Construction Company for a 5 lot residential subdivision of an existing 5 acre parcel. The proposed subdivision is bounded on the east by Brigham _ Road, on the south by lands of Price, and on the west by land of Nalchajian, Charlebois, Edwards, the City of South Burlington, Silverman, and Lowell, and on the north by Bartlett's Bay Road. 2. Final Plat application of Roland and Evangeline DesLauriers for the subdivision of an existing 11 acre parcel into 2 lots of 10.5 and .5 acres. The proposed subdivision is bounded on the east by Sherry Road, on the south by lands of Dattillio, on the west by lands of the applicant, and on the north by lands of Francis. 3. Final Plat application of Flanders Lumber Company and Hick and Boardman for phase 3 (38 units) and4__C26 units) of a re-s i- dential development consisting of 150 condominium units m-a- 26 acre parcel at 800 Dorset Streets The__s�onc�RPr� aub=division, * is bounded on the south by lands of the State of Vermont, bn the west by Dorset Street, on the north by_lands of John Ewing and Stokes Gentry, and Kennedy Drive, and on the east by lands of Arthur Bergner ano Burlington Indoor Tennis Center, Inc. — 4. Final pla+-application of Leo Nadear `or subdivision of an existing 47 acre parcel into 2 lots of 10 and 37 acres. The proposed subdivision is bounded on the east by lands of Luginbuhl, Emery, and Route 116, on the south by lands of Auclair, on the west by lands of Kiley and Chittenden, and on the north by lands of Marceau. , Copies of these applications are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman South Burlington Planning Commission' August 26, 1978 M E M O R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planner N_ _ �dt� ^.�� DF aUNuL,'� Re: Next Meeting's Agenda items To 9-;-- NFt Q)11> Date: September 8, 1978 #2 Castlerock Condominiums - a suggested motion of approval has been prepared, for circulation at the meeting. #3 Trono Construction Final Plat - with the exception of some minor engineering details and finallized legal documents, all is in order on this application. #4 DesLauriers Final Plat - The Commission's requests, to plot the centerline of the brook on this lot, plus show a schematic layout for the "backland", have been complied with. #5 Hickok & Boardman / Flanders Lumber Final Plat- this proposal, as you may recall, is for 150 two bedroom condominiums to be built in 4 phases on the so called Brand Farm, directly west of Twin Oaks Tennis Center. The first two phases have received final approval and now that there is adequate sewage capacity, the final two phases are being submitted for approval. As a result of Act 250, measures for minimizing erosion have been substantially ex- panded. In addition, the overall landscaping plan is being presented. There have been some rearrangements of parking and building locations. No substantive issues have arisen, although the revised plan is being reviewed by the Tree Committee and the Fire Chief. Approval for Phase I has expired, but should be renewed , as the developer's timetable was retarded by an unexpectedly long A250 review process. #6 Nadeau Final Plat - all is in order. #7 Day Care Center Site Plan - this proposal received conditional use approval from the City Council, under the interim zoning reg- ulations, on 8/21/78. The day care center is accompanied on this site by a wholesale music store and 2 apartments. In approving this plan, the Council stipulated that screening be erected and that the approval will last 1 year (another review will be necessary if this use is to continue).Since no construction is involved and there are some outstanding large trees on site, no landscaping is necessary. With regard to access, I feel that there are no practical alter- natives to the present scheme that would be a net improvement. As far as parking and circulation are concerned a modest widening of the turnaround would be helpful - otherwise, I see no practical alternatives. Although I am so.newhat uneasy about the compatability of this .. M E M O R A N D U M TO: South BurlingtonPlanningCommission FROM: William J. Szymanski RE: Brand Condominiums DATE: September 8, 1978 1. The street should be a city street built to City standards. This is to include curbs, sidewalks and stormdrains. 2. Cluster access to street should be restricted to a single curb opening having a maximum width of 30 feet. 3. Road and utility construction plans shall be submitted to the city for review prior to any construction. Respectfully submitted, William J. Szymanski City Manager 10/25/77 SST SUGGESTED MOTION OF APPROVAL BRAND CONDOMINIUMS I move that the South Burlington Planning Commission approve phase I (44 units) of the final plat application of Flanders Lumber and Hickok and Boardman for a 4 phase , 150 unit (all 2 bedroom) condominium project, subject to the following stipulations: 1) Roadway and utility plans, profiles, cross sections and details shall be submitted to and approved by the City Engineer prior to issuance of building permits. 2) A graveled turnaround shall be installed at the end of the city street to be constructed for Phase I. 3) Phase I is considered to have site plan approval, with the exception of landscaping plans, which shall be reviewed and approved by the Commission prior to the release of any performance bonds. 4) Performance bonds for street and utility installation, and landscaping shall be posted, in appropriate amounts as determined by the City Engineer and/or Zoning Administrator, prior to issuance of building permits. 5) This approval shall expire six months from January 1, 1978; construction shall be completed prior to January 1, 1979. 6) The exact location of the pedestrian easements shown on the preliminary plat shall be determined by the developer and the Natural Resources Committee. 7) The plan shall be reviewed for conformity by the Planning Assistant, prior to recording, which is to take place before January 25, 1978. 8) A recreation fee of $393.00 is to be paid prior to issuance of any building permits. 9) Deeds for all easements and the city street associated with :phase I shall be reviewed and approved by the City attorney prior to making application for Phase II; the condominium by-laws and articles of association shall be reviewed and approved by the City attorney prior to the issuance of building permits. 10) With regard to sewage capacity the approval of Phase I a , this project in no way alters the stance of the city regarding subse- quent phases, i.e., final plat applications will only be entetta'ift'd on phase by phase -basis, when and'if'-capacity becomes available? the, city is not obligated to approve -the belanct of the project if ' add.: itional'sewage capacity is not forthcoming in the near or forseeable future. M E M 0 R A N D U M To: South Burlington Planning Commission From: Stephen Page, Planning Assistant Re: Brand Condominiums, Final Plat Date: 10/21/77 With the exception of some building separations and the 151 setback from the edge of the steeper banks, all applicable conditions of preliminary plat approval have been complied with. The most significant change to the application is the report of a consulting engineer, hired 'by the developer, which says, in sum, that the City's estimates for sewage allocation have been too high and that there is adequatc- capacity in the treatment plant to accomodate this entire project, plus all others that have been approved before it. Bill Szymanski agrees there is capacity for the first phase of this project, based on the fact that ICV and Twin Oaks reduced their pro)ects by a total of 48 units. Other than building setbacks and separations, and the sewage capacity question I have no further comments - the usual 1�,Cai docami,ents, and some minor layout details can be resolved administr- atively. I suggest landscaping plans, under site plan re%;ic-w, be reviewed on a phase by phaso- �It a later date,. WIEMANN/- LAM PH ERE, ARCHITECTS 346 SHELBURNE STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-5056 RICHARD H. WIEMANN A.I.A. JAMES A. LAMPHERE A.I.A. g 13O1-�� September 26, 1977 Mr. Stephen Paige, City Planner City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Condominium Development for Brand Property Dear Steve: Enclosed please find the following drawings for the above mentioned project: 1. Drawing S-1, Site Plan. Dated February 11, 1977 and Revised on August 30, 1977. Prepared by Wiemann-Lamphere, Architects. 2. Drawing #1, Preliminary Water and Sanitary Sewer Mains for Proposed Condominium Development. Dated March 19, 1977 and Revised on September 19, 1977. Prepared by Donald L. Hamlin, Consulting Engineers, Inc. 3. Report regarding sewer capacity for City of South Burlington from Donald L. Hamlin, Consulting Engineers, Inc. dated August 11, 1977. At our last hearing with the Planning Commission for the City of South Burlington this project was approved subject to some minor revisions on the site plans and the availability of sewer capacity in the South Burlington sewer plant. We are submitting the above plans with all required revisions made and the enclosed report indicates adequate sewer capacity for the entire project. We request that you place this on the next available agenda for the City of South Burlington so the final approval can be granted. After you have had an opportunity to review the enclosed plans I will have Milar prints made for the city records. Mr. Stephen Paige, City Planner Page 2 September 26, 1977 Please let me know if you have any further questions on this project and we will await your notice of the next meeting. Very truly yours, WIEMANN-LAMPHERE, ARCHITECTS C; James A. Lamphe,4 JAL: pc cc: Mr. Peter Collins, Attorney Mr. Roger Curtis, Hickok and Boardman Enclosures (7) SU1--GESTED RIGTIN OF BRAd14D "11RUECT I move that the South Burlington Planning Commission approve the preliminary plat application of Flanders Lumber and Hickok & Boardman Inc., for a 150 unit condominium project (all two bedroom units) as depicted on a plan entitled "Site Plan (Brand Property) Condominium Development..."drai,,,n by Wielfman- Lamphere, dated 2/11/77, revised 4/6, 5/10, 5/24, and 6/10/77. This approval is based on positive findings reached by the Com- mission under major subdivision and R-PUD, except as otherwise noted, and is subject to the follovin-IT stipulations: 1) The central roadway shall be a city street; with a 601 right of way to be shown on the final plat; buil(iinn S(-4 K -ht of way are waived to a backs from the riq minimum of 151. 2) Entrances to parking areas are to be 27t wide; aisles between rows of parking are to be 241 wide. 3) 'fter cc,mpletion of Phase II, a graveled roadway, 201 in width, shall be extended to Dorset Street, with a lockable gate, for erneroency access purposes. 4) Arecreation fee of $1311 shall be paid, in proportion to the number of units to be constructed, when buildin,l nermits are issued. 5) The sidewalk shall be extended -to the east property line. 6) The land proposed for dedication to the City is un- suitable because of no access; as an alternative, the Commission would prefer the dedication of a pedestrian easement along the old railroad bed, along the sout'l,.ern edge of the property. 7) Existing loose fill near the 8 unit building at the northeast corner of the pro -.ct shall be removed and replaced with clean fill., properly compacted. 8) Buildinq locations shall be adjusted so as to provide a 301 miminum spacing between +;,em throuqh,,;ut, plus a 111at'set-back from the break in grade as delineated on the nl,-,,n of record, the 8 u,,:.it builc'inq fronting directl,,,7 on the city' street shall be relocated so as to have its own off-street parking. 9) Street lig':ting shall be shown on the final plat. 10) Landscaping which will. stabilize steep banks and increase privacy shall be installed; landscaping plans must be reviewed and a,, -,proved prior to tl-ie issuance of building permits. 11) Fire hydrant location shall be as approved by the Fire Chief. 12) Provisions for storm draina�77e shall incorporate the recommendations of the Soil Conservation Service (letter of 5/24/77) and be as app roved by the City Engineer, 13) Layout and specifications of water supply, sewage disposal, streets, curbing, and sidewalks shall be as app- roved by the City Engineer, 14) Based on the estimates of the City znaineer, and in light of other subdivision approvals previously granted, there is not adequate sewace capacity to accomadate this project, or any of the phases proposed I 4t-t- TWW R�*Jr 15) Based on the applicants statement that the proposed units will sell for $22-36,000, the Commission finds that this application conforms to the Comprehensive Flar) by providing new, moderate income housing, to satisfy a demonstrated demand. 16) In consideration of the aiove findings, the Commission will entertain final plat applications on a phce by phase basis, as seviaoe capacity becomes available. The availability of sewage capacity will. he determined by the Cityts policy on sewage allocation, to be formulated in the near future. The conc.,"itions of this approval must be complicId v�,ith before the Commission will take action on any final plat applications. LAW OFFICES OF SPOKES & OBUCHOWSKI 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 RICHARD A. SPOKES June 29, 1977 7 AREA CODE 02 JOSEPH F. OBUCHOWSKI Steven Page 1175 Williston Road South Burlington, Vermont 05401 Dear Steve: I received the enclosed letter today from Peter Collins. Would you please send me a copy of the Planning Commission's final order so that I may review the same. I then will want to discuss the situation with you. Very truly yours, VRiard!A. Spokes RAS/tb Enclosure R,. ALLAN PAUL JOSEPH E. FRANK PETER M. COLLINS JOHN T. SARTORE S. MICHAEL FRYE ANTHONY B. LAMB PAUL. FRANK & COLLINS.INc. ATTOINN<YS AT LAW 135 COLLEGE STREET BURLINGTON, VERMONT 05402 June 24, 1977 Mr. William B. Wessel, Chairman South Burlington Planning Commission City Offices 1175 Williston Road South Burlington, VT 05401 Re: Flanders Lumber/Hickok & Boardman - Dorset Street Condominium Project Dear Mr. Wessell: After attending the Planning Commission meeting D on Thursday, June 23rd in connection with the "Brand" property on Dorset Street, I wish to state in writing and for the record, the position of my clients, Hickok & Boardman Realty, Inc. and Flanders Lumber & Building Supply, Inc. It is our understanding that the City's position W. in connection with proposed development is on a first come first serve basis on sewer capacity. Using the "vertical" approach to phased development, we understand that we are being denied final approval since all of the phases of prior projects would use up the presently available sewer capacity. It is our further understand- ing that our project will be given first priority on sewer capacity over any other project as additional sewage capacity becomes available. TELEPHONE 656-2311 AREA CODE 502 REPLY TO: P.O. BOX 527 If this is the policy which the City of South Burl- ington has adopted, then we of course will insist on being first in line for development insofar as that sewage plant is concerned. We interpret this to mean that no other project of any kind, including commercial, residential or industrial will be given the right to commence con- struction if it will effect the sewage treatment plant in Mr. William B. Wessell, Chairman June 24, 1977 Page 2 question, until all four phases of sty clients project have approval and the necessary sewage capacity. Any other policy -by the city would be discriminatory and would cause my client imaraediate and permanent economic damage. If the Planning Commission, City Council, or the City Attorney do not agree with our interpretation of your policy, we trust that we will be notified forthwith so that we can advise our clients on what remedies they might pursue. I await your advice. Cordially yours,/ PAUL, ; F' 4, /COLLINS teiM. Collins PMC:lmr cc: Richard A. Spokes, Lsq. Chairman, South Burlington City Council PAU L, FRANK & COLLINS ATTORNEYS AT LAW R.ALLAN PAUL JOSEPH E. FRANK 135 COLLEGE STREET TELEPHONE 6S8-2311 PETER M. COLLINS AREA CODE 602 JOHN T. SARTORE BURLINGTON, VERMONT 05401 B. MICHAEL FRYE REPLY TO: P. 0. BOX S27 ANTHONY B. LAMB June 24, 1977 Mr. William B. Wessel, Chairman South Burlington Planning Commission City Offices 1175 Williston Road South Burlington, VT 05401 Re: Flanders Lumber/Hickok & Boardman - Dorset Street Condominium Project Dear Mr. Wessell: After attending the Planning Commission meeting on Thursday, June 23rd in connection with the "Brand" property on Dorset Street, I wish to state in writing and for the record, the position of my clients, Hickok & Boardman Realty, Inc. and Flanders Lumber & Building Supply, Inc. It is our understanding that the City's position in connection with proposed development is on a first come first serve basis on sewer capacity. Using the "vertical."ap-pro, ch to phased development, we understand TEA we are being denied final approval since all of the phases of prior projects would use up the presently available sewer capacity. It is our further understand- ing that our project will be given first priority on sewer capacity over any other project as additional sewage capacity becomes available. If this is the policy which the City of South Burl- ington has adopted, then we of course will insist on being first in line for development insofar as that sewage plant is concerned. We interpret this to mean that no other project of any kind, including commercial, residential or industrial will be given the right to commence con- struction if it will effect the sewage treatment plant in Mr. William B. Wessell, Chairman June 24, 1977 Page 2 question, until all four phases of my clients project have approval and the necessary sewage capacity. Any other policy by the city would be discriminatory and would cause my client immediate and permanent economic damage. If the Planning Commission, City Council, or the City Attorney do not agree with our interpretation of your policy, we trust that we will be notified forthwith so that we can advise our clients on what remedies they might pursue. I await your advice. Cordially yours, ,e PAUL RANk & COLLINS v " P ter M. Co ins PMC:lmr cc: Richard A. Spokes, Esq. Chairman, South Burlington City Council tit® Apo' G0t4lDO/N t Vl/`S M APPLIM AN FOR LAND USE PERMIT AMEiwhNT INSTRUCTIOW-: Use this form for all Land Us- Permit amendments, including permit transfers. Applications for permit transfers are to be completed by the transferree. FION 1 - T?OR OFFICE USE ONLY Application No. Filing Date: Laws Involved: Deemed Complete By: r%ON II - TO BE COMPLETED BY THE APPLICANT 1. APF":ICAW : Flanders/Boardman 346 Shelburne Street, Burlington, Vt. 658-3500 (Name) (Address) (Phone No.) 2. PROPERTY OWNER: As Above (Name) (Address) (Phon Fo.) 3. PER30N TO BE CONTACTED ABOUT THIS APPLICATION (Complete only if different than #1): R.E. Curtis 346 Shelburne St., Burlington, Vt. 658-3500 (Name) (Address.) (Phone No.) 4. WIMP IS YOUR LEGAL INTEREST IN THIS PROPERTY? Agent for Owner _5. IF COU ARE NOT FILING THIS APPLICATION AS AN INDIVIDUAL, COMPLETE THE FOLLOWING: Partnership 4/13/78 Vermont 4/13/78 (:regal Entity) (Date Formed) (State) (Date Registered in Vt.) 6. WnWP IS THE NATURE OF THIS REQUEST TO AMEND THE LAND USE PERMIT: Two phases only have approval because So. Burlington did not have sewage capacity. They now have capacity and this prof ect has been a�royed by So._Burlington for 4 'uses - 150 units. 7. DESCRIBE ANY CHANGES IN THE FOLLOWING ITEMS FROM INFORMATION IN THE ORIGINAL APPLICATION a. Acreage in the entire tract of land Same as Phases 1 and 2 b. Acreage in this project Same as Phases 1 and 2 C. Date the project will be started 4/l/79 d. Date the project will be completed_ 1/l/82 e. Funding or bonding of this project Chittenden Corporation f. Municipal services to be used Same as Phases 1 and 2 i :'ION III - ADDITIONAL INFORMATION REQUIRED ON PERMIT TRANSFERS 8. TRA"SFERREE: I hereby agree to complete this project as set forth in the application, Findings of Fact and Conclusions of Law and the Land Use Permit number , and as amended above: (Transferree 9. TRATTSFERROR: I hereby agree to the transfer of Land Use Permit # as set forth above: __ (Transferror) �,ON IV - NOTICE TO PARTIES-- TO BE COMPLETED BY ALL APPLICANTS FOR ACT 250 PROJECTS 10. This application must be signed by the applicant. By signing this application the applicant assumes responsibility for the information provided and, when the amendment involves Act 250, confirms that the town. selectmen, Planning Cor- fission ind Regional Planning Commission were given a copy of the appl' ation as requited. `sB-F-11/3/75 (Signature of Applicant) 1/9/7P ,Sr SUGG'�:,.'STED MCITICN OF _"%PPT?OV,7,L - i3RAND COINDOS. I -move that the South Lurl.ing'Con Planning Coljrais sion ap] ' -.Tove Pb, se 11 (11 unic, ts) ,f the. final plat apr:Iication cf- Flanders :umber and Hirko]> and 3oardri-on for&4 phase, !0 unit (nll 2 be6room) conC,o,m.inium jproect as depicted on p plan entitled " S j. t e- Plan n protect (Drand Propert-) ..., dated 2/11/77, rrwision 44-6 of 10/24/777, sub-J;(-?ct to the -folloiTiny stipulations: 1. Phase II is considered to have site plan apj)rov,--J, witI, th(: e;,,,cention o-f- landscaping plans, ir.rhich shall be reviewe-d 9-rd apl-rovee, 0-1, the Com-Assion prior to the release o1f- -f-orm nce '_)on'�Is. . , any per a 2. This approval expires Jan 1, 1"7". Phan',? !I con._-!�ruct_ion I shall be corapleted prior to J,'anuery 1, 1160. 3. A recreation fee of $317r is to be paid prior to issuance of any building permits for Phase II. 4. The issuance o-.'-' building permits Lor Phase II is contingent upon a price ceiling of $116,000 for all Phrse I units; the issuance of building permits for all subsequent phases is similarly contingent upon a $36,000 price celino for all previous units unless ,,iaived bT, the Planning Coiwnissionpo�__�6_ S. This approve.1 supplements the conditions oIL the Phase I approval which are applicable to the entire. project (i.e., 1141 6 7, <.",, and 10) 0 6. Construction of a city �-)TKOO-r;r, to -full citN,-r standards shall -rw( t.+ Owi� � tAEAZ e"'!.tond from c P OJ ECT N i lE/F ILE REIFERENCE LETTER OF NOTI ADMINISTRATIVE CHECKLIST ICATION & APPROVAL"_MOTION OR FINDING 2. B01 DING OR ESCRO?`7 A>GREE"ME'NTS LAI?DSCAP ING DRAIIN'E I20 r- • CU RBS -- 7-� 'S ORDER (NOTE ALL RELEASES OR AGREEMENT REVISIONS) VAZ �Z� I77 3. LIST APPROVALS GRANTED, WITH DATES, AND PERMITS GRANTM & SITE INSPECTIONS C011PLETED ETC.: _ Ati. �.pPr�►� 4. r UTILl' Y EASEMENTS BILLS OF SALE W-W1-y�5�`7'7 R ECOP.D EIS tt� bi ewjbL- ACC:=i`'i'-':D CLbf- ceQ�RNEa -M 5. • CERTI"TL TE OF TITLE X l�a',�� /?P�r�cx� �'%•�sr_LI,L / 6. ROI-L:rYS I D ---LT-) S FOR CITY STREETS ACCEPTED PRIVATE ROAD & �TAIVER AGREE14ENT/x 7. ♦FINyL PLAT OR RECORD COPY - S * SIGNED, & FILM OR �R CORDED B. 4 PEDESTRIAN EASEMENTS VtWA- "=JST-10H -to TM ACCEPTED & RECORDED FILED 9. MISC=;L-__lNEOUS AGRE'-,MENTS LAIM -FOR ROAD UDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SHARED ACCESS POINTS OTHF-R 10. rC;OP i' OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES) 11. 7S - PAID DATE • I'�� 11 G P -7pil IT CRE_ 'IO'_I (.,L,CO =:D CALCULATIONS AND DEPOSIT I -I .CCvi I�T�J� r-,LO UP . �. "0114 L111E" %sV �LUATIOi.: SCHOOL .COUNTS.D5 CA? COUNTS , -7- ) PLEASE DO NOT WRITE IN THIS SPACE N0. r Filed: (Location) (Date) Signature of Coordinator/Com. Member 1. Name, address and phone number of the person seeking this permit? Flanders I,uml,er Com any/Ilickok 4 Bn;a___r�im R Estate CRogor Curtis) 2. Name, address and phone number of the person to be contacted regarding this application? (Complete this only if different from #1 above.) James A. Lamphere, Architect 346 Shel.burnc Street, Busli.ngton Vermont 864-5711 Roger Curtis, Hickok F, Boardman, 34( Shelburne St., Burlington, Vermont 6S8-3500 3. Describe the project briefly including its location, type, number of units, lots, etc. Indicate the high and low elevations and outline the tract of land on a county highway map and attach the map to this form. 150 Units on Old Brand Farm, corner of Kennedy nrive and r)nr,,,,t Streets, South Burlington, Vermont 4. Give the address of each of the applicant's offices in Vermont, if any. Flanders Lumber & Building Supply, Inc. 34 Park St., Essex Junction Vt. Hickok $ Boardman, 346 Shelburne Street, Burlington, Vermont 5. Does the applicant own the tract of land in fee simple? If not, what is the applicant's legal interest in the land, what is the name and address -8- of the owner? Option to purchase. When did the applicant acquire ownership or control of the land? 6. If the applicant is not applying as an individual, what kind of legal entity is the applicant filing as, e.g. partnership, corporation, etc., and the date and place the legal entity was formed. (Foreign corpora- tions must supply the date they registered with the Secretary of State for the State of Vermont, and the name of the person upon whom legal processes are to be served.) Partners in this venture are each a Vermont Cornorati.on. 7. a. Ho',,i r,iary acres are in the entire tract of land? In answering this, include the total acreage of the landowner. 'hwenty-six (26) b. How many acres are directly involved in this project? 26 8. On the back side of this page, write in the names and addresses of all adjoining property owners. If you are not the landowner, list the names and addresses of all property owners adjoining the landowner's tract of land. SEE ENCLOSED PLAN 9. When do you plan to begin this project? Spring, 1978 When will this project be completed? 4 Phases Complete in 1981 10. Attach, when applicable, a copy of: restrictive covenants to be used in deeds, restrictive provisions set forth in leases, bylaws of condominium associations, or any other restrictions. Non -applicable. -9- ) 11. Financing: a. Excluding the cost of the land, what is the total cost of the project? $3,000,000.00 Applicants for subdivisicns should include cost of any improvements, such as roads, ponds, etc. b. Now will this project be funded, what financing has been obtained, and what additional financing will be necessary? No financing obtained to date. c. If performance bonds will be required of contractors, attach details of the bonds. 12. What municipal services do you intend to utilize? X police; X fire protection; X solid waste disposal; _ X road maintenance; _ X sewage disposal; _ X water supply; other. (explain). 13. Will this project involve any of the following: (cY�o— Uosc, that apply.) a. Fuel burning equipment C. Incinerators b. Process equipment d. Air pollution control equipment NOTE: Complete 14 and 15 below only when instructed to do so by a district coordina- tor. - _ 14. I/we hereby certify and affirm under oath that I/we have notified by personal service or by certified mail, return receipt requested, the parties entitled to notice of my/our application pursuant to Title 10 VSA, §6084, as follows: (Each of the parties get a complete application, including plans): City of South Burlington, Williston Road, South Burlington, Vermont T-11jme and T ress of 114uni ci pa i ty Planning Commission, City of South Burlington, South Burlington, Vermont ame and Address of MunicipaPlanning ConnissionT Regional Planning Commission, Chittenden Cpunty, 58 Pearl St., Essex Jct., Vt. Name ao ress OT Reig—lonalanni ng CO—m- Ssl on �Signatur-e-F- -10- 15. I/we have arranged for a notice of application to be placed in to be published for one day on ewspaper�— � to under legal notices, and I/we have given a copy to the Town Clerk of and requested that it be posted. MASTER APPLICATION SCHEDULES TO BE ATTACHED: The checklist of schedules below refers to specific application material described in pages 11 through 15 of this manual. Before completing any sched- ule, call the district coordinator for your area. His address and phone number is on the map on page 5. The district coordinator will tell yo;i which schejulescl,?et, and the nsimber of copies to file with your application. A - Plans and Specifications B - Act 250 C - Sewage Disposal Q D - Water Supply E - Public Buildings F - Air Pollution Control .--..-..—.•..s....... copies copies copies copi es copies copies MEMORANDUM To: South Burlington Planning Commission From: Stephen Page, Planning Assistant Re: Next meeting's agenda items Date: November 4, 1977 Meadowbrook Condominiums - Final Review Phase IV This is the next to the last phase of this 50 unit project, consisting of two buildings totalling 14 units. The previous phase was reviewed and approved by the Commission in May of this year. Layout is fine with the exception of one building which must be shifted away from a drainageway. Brand Farm Condominiums - Final Plat I have no further comments - the report of the applicant's engineering consultant was sent to you last week. Presumably, this report and approval for additional phases beyond phase I will be the only discussion items. Smart Associates - Preliminary Plat Engineering has been reviewed by Bill Szymanski - see his memo. With regard to the proposed intersection with Route 116, a State Highway permit will be required. The District Highway Office has indicated that adequate sight distance and proper approach grade among other things, must be demonstrated before such a permit will be issued. There is a narrow roadway at the southeast corner of the property, extending northward from VanSicklen Road across Smart Associate's land leading to an active hayfield, owned by Mr. Mikell. This roadway is relatively high and dry for the most part and has high potential for a pedestrian trail; this roadway could also be used for access to the hayfield by farm equipment and also possibly by the owners of lots 1 - 4 for access to the wooded, rear portions of their lots. Econolodge revised access With regard to the connection to the Gulf Station, I recommend an approval for the connector as is, conditioned on a review in 1 year's time by the Commission. This is based on the fact that Chief Carter could attribute no increased traffic hazards to this drive- way and the alternatives, such as a speed dip or placement of bollards have the disadvantages of increased maintenance and possibly greater hazards to moving traffic. CITY OF SOUTH BURLINGTON APPLICATION FOR A DEVELOPMENT OR SUBDIVISION PERMIT ,`1. Applicant's Name, Address, and Phone Number Flanders Lumber Co - 878-3381 & Hickok & Boardman Realty, Inc_ - 65R-3500 '\2. Name, Address, and Phone Number of the Person Whom the Commission should contact regarding this Application Roger E. Curtis, Hickok & Boardman Realty, Inc.. 346 Shelburne Street, Burlington - 658-3500 `�3. Nature of the Development or Subdivision 160 - two -bedroom Condominium %. Location of Development or Subdivision Howard Brand Property 5. High and Low Elevations of the Tract of Land involved with the Development or Subdivision 6. Address of each of the Applicant's Offices in Vermont ` %. Applicant's Legal Interest in the Property (Fee Simple, Option, Etc.) Cnntracf of Sala I 2 - 8. If the Applicant is not an individual, the Form, Date, and Place of Formation of the Applicant FORM: DATE: PLACE: 9. Estimated Cost, Exclusive of Land Cost of the Development (Applicant for a Subdivision Need Not Lswer) 10. Application for a Subdivision, the Number of Lots 11. What Restrictive Covenants are Planned for any Deed(s) to be issued? 12. Description of the Proposed Development of Subdivision A. Plans and Specifications: (1) Attach a detailed plat or plot plan of the proposed project drawn to scale, showing the location and dimensions of the entire tract. This plan should also show: all lots, streets, roads, water lines, sewage systems, drain systems, buildings, existing or intended. (2) In subdivisions where individual water and sewage facilities are intended, indicate the proposed location(s). (3) Show all easements, parks, playgrounds, parking areas, water courses, and other bodies of water, natural or artificial, existing or intended. (4) Include a contour map of the land involved drawn nn n Annie of 5 foot contour intervals. (5) Indicate on the plans the location and width of any easements for utilities, roads, etc., exist- ing or intended. Attach a written explanation of any such easements. -3- 13. What is the purpose of this Subdivision or Development and What is the intended use of the land after Subdivision or Development? 14. Describe the Site of the Proposed Development or Subdivis- ion including information, if available, on Soils, Streams or Other bodies of Water, Bedrocks, Etc. \11 1 5. Acreage: A. Number of acres owned, or in which you have a legal interest 26- B. Number of acres in this project 26± C. Number of acres previously developed None at this location. D. When do you anticipate beginning the project Springl977 E. When will this development or subdivision be completed We plan to phase this four years at 40 units per year. 16. Water System: A. What type of water system is to be provided, such as: Individual system on each lot, community system, municipal system, etc. B. Where is the nearest municipal water system and is it available and feasible to use it? 17. Sewage System: A. What type of sewage disposal system is to be provided or intended, such as: Individual system on each lot, community system, or municipal system? - 4 - B. Where is the nearest community sewage system and is it available and feasible to use it? C. If the sewage system is other than a community, municipal, or individual lot septic tank and leaching field, include competent professional engineering evidence that it will perform satisfactorily. 18. Adjacent Property: A. List below the names and addresses of adjacent property owners. B. What is the adjacent property used for at present? C. What is the future usage intended for the adjacent property? 19. Zoning: A. Which'District or Districts is the proposed site with- in according to the official zoning map of the City? HICKOK & BOARDMAN REALTY, INC. c DATE w l / 7 SIGNAT1MEi '1/J PUBLIC NOTICE SOUTH BURLINGTON PLANNING CO&2-4ISSION SUBDIVISION HEARING The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 liv'illiston Road, South Burlington, Vermont on April 26, 1977 at 7:30 p.m. to consider the following: Preliminary plat application of Flanders Lumber Company and Hickok and Boardman for approval of a residential subdivision consisting of 160 con- dominium units on a parcel of 26 acres located at 800 Dorset Street. The proposed subdivision is bounded on the south by lands of the State of Vermont, on the vest by Dorset Street, on the north by lands of John Ewing and Stokes Gentry, and Kennedy Drive, and on the east by lands of Arthur BergNer and Burlington Indoor Tennis Center, Inc., as per plans on file at City Hall, 1175 INlilliston Road. William B. 11","essel, Chairman South Burlington Planning Commission April 10, 1977 i ACT 250 NOTICE AMENDMENT APPLICATION AND HEARING 10 V.S.A., SEC.6083--6088 Rt'ot l r�AR� FQ ON Amendment Application #4CO306-7 was filed by Flanders/Boardman of 346 Shelburne Street, Burlington, Vermont on March 19, 1984 for the construction of Phase III of a previously approved 150 unit condominium project. Phase III will consist of 32 condominium units with related parking and driveways and will be serviced by municipal water and sewer. Grandview Condominiums are located off Kennedy Drive and adjacent to I-89 in South Burlington, Vermont. This project will be evaluated in accordance with the 10 environmental criteria of 10 V.S.A., Sec. 6086(a). Statutory parties to this application are the City of South Burlington, the South Burlington Planning Commission, the Chittenden County Regional Planning Commission, and affected State agencies. Adjoining property owners may participate to the extent the proposal will have a direct effect on their property under the 10 criteria. Other persons may participate at the discretion of the District Commission. If you wish to participate, please contact the Coordinator for further information before the first hearing or date as specified below. Copies of the application and plans for this project are available for inspection by members of the public during regular working hours at the South Burlington Municipal Office, the Chittenden County Regional Planning Commission Office and the District #4 Environmental Office. A site visit is scheduled for 2:00 P.M., FRIDAY, APRIL 6, 1984 at the project site. A public hearing is scheduled for 10:00 A.M., TUESDAY, APRIL 17, 1984 at the Chittenden County Regional Planning Commission Office, 58 Pearl Street, Essex Junction, Vermont. By�_ — Katherine M. Vose Environmental Board Coordinator 111 West Street, Essex Junction, Vermont 879-6563 05452 0 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vermont 05452 Telephone: 879-6563 March 21, 1984 Lyn Palin Flanders/Boardman 346 Shelburne Street Burlington, Vermont 05401 Re: Application #4CO306-7 Flanders/Boardman Phase III, Grandview Condominiums South Burlington Dear Mr. Palin: I have reviewed the application which you filed for the con- struction of Phase III of Grandview Condominiums, 32 units to be located within the existing project and off of Kennedy Drive in South Burlington. At the request of the Chairman, I have scheduled a site visit for 2:00 P.M., Friday, April 6th. I trust that we can all meet at the site and park in the first parking area in front of unit "A" I have scheduled a hearing for 10:00 A.M., Tuesday, April 17th. After reviewing the amendment application and the original permit, #4CO306, I have concluded that this amendment application should be reviewed under the following criteria 1(AIR POLLUTION), 1 (B) , 1 (C) , 1 (D) , 1 (E) , 4, 5, 7, 8 and 9 (F) . The Commission will need additional information in order to conduct a thorough review of Phase III. This information would best be submitted in the form of a summary and must be available at least one week before the hearing. I have noted the outstanding information in order of applicable criteria as follows: 1 (AIR): Please note the type of heating systems to be utilized in these units, the total number of parking spaces installed on the site, and the number of parking spaces to be installed in Phase III. Lyn Pal.i_n -2- March 21, 1984 l(B) As Exhibit #5 of Land Use Permit #4CO306 approved sewage allocation for only Phases I and II, the Commission will need a letter approving municipal treat- ment of Phase III flows. The surunary should note flows from the total project and Phase III. The Commission will need an amended Temporary Pollution Permit and an amended Discharge Permit or verification that they are not required. The sum -nary should explain the conform- ance of this stormwater flow to the originally approved plan. 1(C) The summary should note that these units will be constructed in conformance to condition 41T4 of #4CO306. 1 (D) Floodways: The summary should explain if the increased runoff will remain within the original estimations, Exhibit #2 of 4CO306. 1 (E) Streams: The summary should describe the changes to Potash Brook and note whether or not a Stream Alteration Permit will be required for this work. 4. Soil Erosion: The review of a project is generally facilitated by a description of erosion control techniques within the summary. These plans should be discussed with the Soil Conservation Service, who will submit a copy of their review letter to the Commission. 5. Transportation: The summary should include some discussion as to whether or not the traffic from Phase III is within the originally approved project plans. 7. Municipal Service: The Fire Department should indicate that they can provide service to the Phase III buildings and municipal sewer allocation will be required. You should note that the letter from the Police Department submitted for 4CO306 indicated that this project would overtax his department. 8. Aesthetics: The review of a project is generally facilitated by a description of plantings, buildings and lighting. 9(F) Energy Conservation: The original permit requires insulation of R-19 in the walls and R-38 in the roofs. The summary should note Phase III conformance with this condition and should also note foundation insulation and the type of heating systems to be installed. If you have any questions regarding my review, please give me a call. Sincerely, Vm �L/ Katherine M. Vose Environmental Board Coordinator cc: all distribution parties Commissioners EXHIBIT LIST FOR APPL' JJ'70I1 ; _4C0306- Q O z W H 2 �{ N E� 1984 i 1 3-19 2 1 3 4 " 5 " A A A A A 6 A 7 A 8 " ( A 9 " 10 if 101 IM A = Applicant T = Town TPC = Town Planning Commission RPC = Regional Planning Corunission AEC = Agency of Environmental Conservation C = District Environmental CoTrtmission. NATURE OF EXHIBIT application form DOCUMENT DATE notice of'service and adjoining landowners 3/5/84 notice, commencement of construction 3/5/84 letter by L. Lamoureux 3/9/84 plan, "Location Plan," D. Hamlin, Consulting Engineers (Sht. 1) rev. 2/17/84 plan, "Site Plan," Phase III, D. Hamlin, Consulting Engineers (III-1) 2/6/84 plan, "Construction Typicals & Details," D. Hamlin, Consulting Engineers (III-2) 2/7/84 plan, "Erosion Control," D. Hamlin, Consulting Engineers (III-3) 2/7/84 plan, "Erosion Control, Water, Sanitary Sewer, D. Hamlin, Consulting Engineers (sht. 1 of 6) .rev. 3/4/84 plan, landscaping, by 4 Seasons 3/84 AI-IEND14ENT LOG FOR LAND USE PERMIT 76, r'� Application I Date Number Issued yco�50(0-3 /,C/o3!56-// ,ro; con�Ccas�,W�U,M '✓A 4co i - 5 40-:M 4 Apr*+• , Brief Description of Project /7 o z- G 51z�lzGE TFNk Ar r�MP �77377U'� 211 <)VYLbyfiNaZV GW/TS ��}'/ 04/ 1GE �r 0 ,ZEV1 R4vs 0141714Z �LOMB/NG l�f Y�L FGYZ �i�125E /V . 2EVi� L/7ND.Yf,'ANG PG9N5 Foe z 44v17�5 ctCr Act 250 - --_ KMP ENV. BOARD Other Compliance Dates & Description 1 Mr, C ©F e. coND'S ?, C&W17'9rJCr 4N /W X4Ea lcHL 5y- r GNF�fi TOR a. Me C, ac 10 5. M 1m,1/N Lf3ND��/�/NI�J 7 E-,POSnV <pNTR�j 8, r�1P �L. lTzeMi 1 9 'rwr-oi0/e 1/«T//✓G !�S /D,LL2iycE /N .tom=ems, 12, QMsr, 3. awsT, c2awz ,' �easiav 40A7T OL AT ,des-st ST. - /' g/ 6ple'F-,' 9 /8• Z� /NG r, GF e-, �} sH'f44 =641wr Aeyi5ls� L/9ND55,JP/11G PG915 gD4Z 'e&m"1/1V/NG i3`ii9 �- GlNI7:S 5. MWINMIN LAND.YAo/N:iJ ,7, LA/e05-9o/NU i3� /D /• J FACE 9 ,e Application Number F�ANG�PS LGv�,e cQ Hl, tW ,t t9>elWl/4N I/Co3G}'o -/ t 4co3o& -z E AMENDMENT LOG FOR LAND USE PERMIT # 'q(03n6 Date Brief Description of Issued Project /Z. 79 g- /, 71 445W: i7 'UC7 /,5-0 ,avaa✓ W14' v/ 0&1r-3 co/v6mw r 90 llNir3 ,e9r��e r##A/ r,,� tREl�x_yT� g!!Lb/Nl� Ll.GtSTE.�'S 10 /N1P�zOVE G/2E f��SS f MAWO,, rnvo, #,7 ava, • ec--06 Act 250 - — KMP ENV. BOARD Other Compliance Dates & Description 3. INC, G. S. 88 uN/T� fi`f'jh'O ✓fib NOMENr K� b P•�'� � �'1'S7�UCiL7V oFc CLNIT'Si 7 c.�C�S/�ri; �,L�_GCGW,STiQI.t/Z�fY 8 L1�ND,Y/iP/NGJ � 9 1/41177/Vc,� 1D. /N.50147701� 3, INC. ' c, 5 ��en,Gicyr7oN �� D oe�c� Sif�T7G�/J G• E2a.S�cw cov7p�J 7 �/GKT/N4 t AMP Sr'ftTiGYy star ouzo J q �Jt,oi/zE,� 7,/z, 7,7 A L/Gy13 /N c'/J Y P e, w TO zz rowN c4vN77zy, .J Z, L/61115 W�/N P,oN/}/2F— fIPp,C'OVEb ,Br CDMM/sna✓ R�U2 m /N-17W&*rin J, 3 1/6yr6 ow ,(3t/xas, v e,,=— .�av ,61 e-"M1sse-A/ �ic� ro /iu�u�7x>y, ?IKOE 1 t COLCHESTER ROAD P.O. BOX 9 DONALD L. HAMLIN CONSULTING ENGINEERS, INC. ENGINEERS AND LAND SURVEYORS ESSEX JUNCTION, VERMONT 05452 Tel. 878-3956 878-5123 March 9, 1984 Mrs. Katherine Vose, Coordinator District Environmental Commission No. 4 111 West Street Essex Junction, Vermont 05452 Re: Grandview Condominiums Phase III Land Use Permit Amendment Dear Katherine: am writing on behalf of Flanders -Boardman who are hereby seeking an amendment to the Land Use Permit No. 4CO306-7 for construction of 32 dwelling units and related sitework. Please note that the approved 36 units in phase III are being reduced to 32 units. The building and drive locations are also slightly revised from the original to place the buildings further away from the slopes and better utilize the available level terrain. Please find the enclosed seven copies of: 1) Application for Land Use Permit Amendment with attachments. 2) Plan sheets by this firm: #1. Location Plan #III-1.Site Plan #III-2.Construction Typicals and Details #III-3.Erosion Control Typicals and Details 3) Plan sheets by 4 Seasons Landscaping: #1 of 6-This general plan includes some added planting details. -- Phase III planting details. We are requesting exterior approval from the Agency at this time. There will be a seperate submittal to follow with the plumbing details. The buildings will be similar to those already approved. -continued - WATER SUPPLY AND DISTRIBUTION SUBDIVISIONS LAQORATORY ANALYSIS WASTE WATER COLLECTION AND TREATMENT SKI LIFTS (WATER AND WASTE WATER) STREETS AND HIGHWAYS RECREATION AND INDUSTRIAL PLANNING LAND SURVEYING AIRPORTS SOIL BORINGS SOLID WASTE MANAGEMENT Engineering —"The link between what we have and what we need" Mrs. Katherine Vose ) Page 2 March 9, 1984 We assume that the enclosed will provide the information you will need to amend the approved Grandview application. Please contact Mr. Lyn Palin or this office if there are any questions. Very truly yours, Leonard A. Lamoureux LAL:Igw Enclosure cc: Regional Planning Commission South Burlington Planning Commission City of South Burlington Leigh Prescott Lyn Pa 1 i n DONALD L. HAMLIN A P P L I C A T I O N F O R L A N D U S E P E R M I T A M E N D M E N T IPISTRUCTIONS: User -this form for all Land Use Permit amendments, including permit transfers. Applications for permit transfers are to be completed by the transferree. SECTION I - - Application i ac tion # ' 03 -7 Laws Involved:_ Deemed Complete By: Cost: # of lots: — Fee: need: Vol. _ Page(s) — SECTION II TO BE COMPLETED BY THE APPLICANT 1. APPLICANT: Flanders/Boardman, 346 Shelburne Street, Burlington, Vt. 863-1500 NAME ADDRESS PHONE 2. PROPERTY OWNER: Flanders/Boardman, 346 Shelburne Str., Burlington, Vt. 863-1500 NAME ADDRESS PHONE 3. PERSON TO BE CONTACTED ABOUT THIS APPLICATION (Complete only if different than #1): Mr. Lyn Palin, Flanders/Boardman, 346 Shelburne Str., Burlington, Vt. 4. WH T IS�UR LEG,�EST IN THIS PROPERTFee simple title 5. IF YOU,ARE NOT FILING THIS APPLICATION AS AN INDIV DU L, C LETE THE F LL WIN : Partnership, State of Vermont #03-027-1117 TLegal Entity date formed St. Date Reg. in VT 6. WHAT IS THE NATURE OF THIS REQUEST TO AMEND THE LAND USE PERMIT: Construction of Grandview Condominiums Phase III consisting of 32 dwelling _units and related sitework. The number of units is reduced from the approved 36 units and the building locations are slag t y revised. 7. SE DESCRIBE ANY CHANGES IN THE FOLLOWING, ITEMS FROM INFORMATION IN THE ORIGINAL APPLICATION a. Acreage in the entire tract of land 28.7-acres b. Acreage in this project 6.6 acres Phase III-) c. Date the project will be started April, 19311 d. Date the project will be completed September, 1935 e. Funding or bonding of this project --by Owner f. Municipal services to be used sewer, water, police, fire and landfill II - ADDITIONAL INFORMATION REQUIRED ON PERMIT TRANSFERS 8. TRANSFERREE: I hereby agree to complete this project as set forth in the application, Findings of Fact and Conclusions of Law and the Land Use Permit #4C0306 and as amended above:—(Transferree) 9. TRANSFERROR: 1 hereby agree to the transfer of Land Use Permit # as set forth above: Transferror ECT N V - NOTICE TO PARTIES - TO BE COMPLETED BY ALL APPLICANTS FOR ACT 250 PROJECTS 10. This app icatio must be signed y t e —applicant. By signing this application the applicant assumes responsibility. for the information provided and, when the amendment involves Act 250, confirms that the town selectmen, Planning Commission and Regional Planning Commission were given a copy of the pplication as required. � Signature of Applicant DATE In accordance with Title 10 VISA, §6084, I certify that I have delivered complete sets of this application and all plans and attachments to the municipality (Selectmen, Aldermen, Trustees), the municipal planning commission, the Chittenden County Regional Planning Commission, and any adjacent municipality and municipal planninq commission adjoining this project. FEE: LIST OF ADJOINING LANDOb1NERS AND ADDRESSES: 1) Interstate No. 89, State of Vermont; 2) Dorset Street; 3) Grandview Drive; and 4) Mr. James Winkelman, President, Southridge Condominiums, Grandview Drive, South Burlington, Vermont LOCATION MAP: See Plan sheet #1 COMMENCEMENT OF CONSTRUCTION NOTICE.: `�;44 ; attre of Applicant or Messe ger N O T I C E COMENCE1MENT OF CONSTRUCTION REQUIRES A PERMIT pursuant to Title 10 VSA Section 6081 (Act 250) "Carmencement of construction" is defined by Act 250 as "the construction of the first improvement on the land or to any structure or facility located on the land in- cluding work preparatory to construction such as clear.-* ing, the staking out or use of a right-of-way or in any way incidental to altering the land according to a plan or intention to improve or to divide land by sale, lease or othexwise transfer an interest in the land." (Envi- ronmental Board Rule 2(C) A violation of any provision of the rules is punishable by a fine of not more than $500 for each day of the violation or imprisonment for not more than two years, or both. (T. 10 VSA, Section 6003) . I understand there is to be no site work or construction ccmTenced on this project until a written Land Use Per- mit is issued. I further understand that verbal indica- tion that a Land Use Permit may be issued does not consti- tute authorization to commence construction. i t s '8icim`atilre ' -1 Date THIS NOTICE MUST BE EXECUTED AND RETURNED WITH YOUR LAND USE APPLICATION. March 12, 1984 Mr. Lyn Palin Hickok & Boardman 346 Shelburne Street Burlington, Vermont 05401 Dear Mr. Malin: Be advised that the South Burlington Planning Cormnission will hold a public hearing at the City Hall Conference Rc*m, 575 Dorset Street on Tuesday, ~larch 27, 1984 at 7:30 P.M. to consider your application for a revised final 1."lat at Grandview, phase III,, If you have any questions please don't hesitate to call ne. Very truly, Richard Ward, Zoning Administrative Officer RW/=g HICKOK& 130 ARDMAN REALTYINC. Mr. David H. Spitz City Planner City of South Burlington 575 Dorset St. So. Burlington, Vt. 05401 Dear David: 346 Shelburne Street, Burlington, Verriont 05Y. Phone 658-3500 February 16, 1983 This will acknowledge your letter of February 11, concerning the possible lack of sewer capacity in South Burlington. We annreciate your keeping us informed and we NAll certainly take this into consideration in our planning. Sincerely, �~ 1 r / Lyndo1 H. Pal in ?, anager LHP:bc CC: Leigh Prescott Ml5 113'. REALTOR ' January 13, 1978 Mr. Ray Lawrence Hickok & Boardman Realty, Inc, 346 Shelburne Street Burlington, Vermont 05401 Res Brand Condominiums Dear Mr. Lawrences This is to formally confirm the action of the South Burlington Planning Commission, at its meeting of January 10, 1978, in approving Phase II of the final plat of the Brand Farm Condominiums. The minutes of this meeting are enclosed, which specify the conditions of your final plat approval. These conditions, plus the requirements of the sub -division regulations which are applicable to approved final plats, must be complied with prior to the issuance of any building permits. In particular, your final plat must be recorded prior to January 25, 1978. Please call if you have any questions. Yours truly, Stephen Page Planner SP/Mcg 1 Encl �� AI rl.l3�,,,�" � tent DORSET STREET jv;f2� OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. September 11, 19 78 Mr. Sidney Poger Chairman South Burlington City .Planning Commission 1175 Williston road South Burlington, Vermont 05401 Dear Mr. Poger, (in Friday September 8,1978 plans were reviewed by this office and. the following was found which needs to be changed if we are to give proper fire protection. 1. Fire hydrants to be relocated from the end of parking areas to the drive by the main road. 2. Because of the design of the parking area. , parking lots should be tied into each other so not to endanger fire equipment and to enable us to bring in other equipment from another direction as needed. 1f you have any questions please feel free to call me at 863-6455. Sincerely ey ames W. Goddette Sr. Chief , � trr Prpartment �rabquarters DORSET STREET OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. December 5 Mr. William B. Wessel Chairman South Burlington Planning Commission 1175 Williston Road South Burlington, Vermont 05401 Dear Mr. Wessel, Today I recieved a plan on the Brand Farm property which was approved by the planning commission October 21,1977. After reviewing the plan as long as the water line is tied into the Dorset Street main when the project is started and the facilities are installed as on the plans approved on October 21,1977 the fire department can give proper fire protection needed. If you have any questions please feel free to call me at 863-6455. Sincerely y� )James W. Goddette Sr. Chief 1977 Aire Pepartment �rnbquartm DORSET STREET OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. April 19,, 19 77 Mr. William B. Wessel Chairman South Burlington Planning Commission 1175 Williston Road South Burlington, Vermont 05401 Dear Mi. Wessel, I have had a meeting with Mr. Lawerance on the Howard Brand Farm Complex. Through our meeting it was agreed that the following would be done so the fire department can give the proper protection needed for the size of the complex. 1. Main road will be 30 feet wide. 2. Water main will be 10 inch and tied in at Dorset Street and Twin Oaks property. 3. Hydrants have been checked and some relocated as agreed by Mr. Lawerance and my self as the best location in the complex, for fire protection. 4.. All buildings will be at least 30 feet from each other. As long as the facilities,are installed as stated above the fire department can give the protection needed . If you have any questions on the above please feel free to call me at 863-6455. Sincerely 9j=`W. Goddette Sr. Chief 7.1 irf tXPPpitXzttPn�Pi��tMzPxB DORSET STREET OFFICE OF CHIEF ENGINEER 863-6455 CITY OF SOUTH BURLINGTON, VT. June 14, 1977 Nor. William B. Wessel Chairman South Burlington Planning Commission 1175 Williston Road South Burlington , Vermont 05401 Dear Mr. Wessel, I have recieved a new site plan for the Brand Property to review marked #4 10 June 77 General Revision. After reviewing the new plan I have found that some of the buildings do not have a minmum of 30 feet between buildings and it does not show the locations of fire hydrants. Back in April of this year Mr. Lawerance from Hickok & Boardman and myself had agreed on what would be needed so this department could give the proper protection for the complex. At that time Mr. Lawerance said there were no problems on the standards we had agreed on. If the development can not be built to meet the standards agreed on, then it should not be built. If there are any questions on the above please feel free to call me at 563-6455. Sincerely I r i awes W. Goddette Sr. Chief PLANNING COMMISSION NOVEMBER 8, 1977 The South Burlington Planning Commission held a regular meeting on Tuesday, November 8. 1977 at 7:30 pm in the Conference Room, Municipal Offices, 1175 Williston Road. Members Present William Wessel, Chairman, Ernest Levesque (late), Sidney Poger, David Morency, Kirk Woolery, James Ewing Others Present Stephen Page, Planning Assistant; Fran Brock, Free Press; George T. Hart, Jerry Olson, Louis Tessier, Ray Lawrence, James Lamphere, Donald F. Kerwin, Dick Taft, R.E. Curtis, Peter Collins, Tyler Fart, William Schuele, Richard Segal, Paul Graves Mr. Wessel said that item 8 would be discussed at the work session November 15. Minutes of October 25, 1977 It was moved by Mr. Poger and seconded by Mr. Morency to accept the minutes of October 25, 1977 as circulated. The motion passed unanimously. Final Review of Phase IV (14 units) of Meadcwbrook Condominiums, Joy Drive Mr. Tessier said that the carport area had been re -designed and that the configuration of the buildings had been slightly changed. Mr. Poger asked about paving the turnaround and was told that that would be done when the last phase went in. Mr. Woolery moved that the South Burlington Planning; Commission. approve the site ..plan of Meadowbrook Condominiums, as depicted on a plat entitled "Site Plan - Phase four, headowbrook Condominiums, South Burlington Realty Corp.". dated drawn by P.D., subject to the following stipulations: 1. This lan is considered to be a minor modification under secti 01.3 of the South BurlinFton Subdivision Regulations to a subdivision plan reviously approved by this Commission on 6 25 74. 5 11 76. and 5 10 77. 2. A_ plat depicting the entire project as built and as approved, shall -be recorded. .'e:r. Poger seconded the motion and it passed unanimously. Continue public hearing on final plat of Brand Farm Condominiums, (15C units), 800 Dorset Street Kr. Wessel said that at the last meeting, the developers had submitted an engineering report showing, enough capacity for 2 phases of this project and that that issue had not been resolved. He said that the Commission was acting in a judicial role and that they had to balance the interests of the city and of the developer and he added that the Commission was an independent body. ".r. James Lamphere said that Lany of the costs associated with developing land occurred in the initial stages and that they had tc know that they could build at least two phases or they could not tare the financial risk of developing one phase and then being stopped. He said that they felt the report indicated enough capacity in the sewer for 4 phases and trey were only asking for 2. No one has shown them specifically where the engineering study is incorrect and they would like 2. PLANNING COMMISSION NCVEMBER 8. 1977 permission to build 2 phases of the project, or 88 units. Mr. Poger replied that as far as the Commission understood, this project was to receive the next available sewer capacity and that that was just about all they could do. Mr. Page said that Mr. Szymanski had not felt that the report made adequate allowance for infiltration into the pipes and said that during the last wet period, some of the flows in the treatment plant had been pretty high, which showed that infiltration was significant. Mr. Morency said that he could not quarrel with the report but that the largest number differences occurred with the motels and the housing for the elderly. He added that the Commission and the city could not bank on people using water restrictors until more data was in on that. He said that he felt that the difference was a matter of opinion - a judgement call. Mr. Poger moved to conclude the public hearing and Mir. Xorency seconded. The motion passed unanimously. Mr. Poger said that the heart of the question was whether the Commission had the power to allocate sewer space or not. He pointed out that the Commission had designated Brand for the next capacity and that the Council had then extended sewer lines out to Country Club Estates. He said that Brand was assured the next capacity as far as the Commission was able to assure it, but that he could not vote for another phase based on the engineering report they had been given. Mr. Page pointed out that the Commission's preliminary approval had stated that there was not enough capacity for any phases and that the Commission would listen to requests to build on a phase -by -phase basis as the capacity became available. Mr. 'foolery asked whether, if no action were taken by Chalet Susse within a reasonable period from the time of approval, the Commission could give their capacity to someone else or disallow the use. Mr. Page said that he had not yet discussed that with the City Attorney, and that even if that were possible, it would take time to do it and to figure how much sewage space would be freed. Mr. Poger said that he could not vote to give them capacity that the Engineer said was not there, and said that he would rather vote now and -have them reapply later. Mr. Woolery moved to re -word stipulation #f5 of the October 25 approval motion for this project as follows: "This approval shall expire six months from January 1, 1978 for phase 1 and six months from January 1, 1979 for phase 2; construction shall be completed prior to January 1, 1979 for phase 1 and prior to January 1, 1980 for phase two. An extension may be applied for by the developer and ranted by the Commission. The motion died for lack of a second. Mr. Poger moved to deny the application for the Brand Farm Condominiums, phase 2. Mr. Morency seconded this motion. Mr. Ewing said that he would vote to deny because the report from Hamlin did not speak to the question of suspended solids in the sewage or that of the amount of oxygen present in the flow and he felt that these were critical issues. Mr. Woolery disagreed, saying that all the Commission's previous decisions had been based on amount of flow, not the BOD or suspended solids. Mr. Poger said that he would vote against phase 2 because of the difference between the City Engineer and the Hamlin report and because j he believed that it was better to be conservative as far as sewer capacity went. { He said, however, that when the capacity was there, approval should be given speedily. Mr. Morency felt that the Commission had dealt with estimates for long enough and that it was time for some actual measuring to be done before more capacity was given out on a long-term basis. The motion passed with Messrs.. Levesque and Woolery voting no. Continuation of public hearing- or, preliminary plat of Smart Associates (5 lots,,, Van aickjen and 11iresburg Roads Mr. Wessel removed himself from this discussion. Mr. Page briefly went through Mr. Szymanski's memo of Nove=ber 4, 1977 on this October 11, 1977 Mr. Jim Lamphere Wiemann-Lamphere Architects 346 Shelburne Street Burlington, Vermont 05401 Re: Brand property condominium project Dear Jim: The public hearing for the final plat has been warned for Tuesday evening, October 25, at 7:30 p.m. with regard to sewage capacity, there has been a reduction in the number of units previously approved (48) which is suffi- cient to allow for your first phases as far as additional phases are concerned, I am sure the commission will rely on Bill Szymanski's judgment, which presently is to rely on his initial estimates. The following details should be resolved prior to the hearing: 1) Building locations should be revised so as to provide the requested (15') setback from the break in grade at the Southeast corner of the project. Also, several of the building separations in phase I do not meet the 30' spacing requested. 2) Some flexibility in locating the pedestrian easements would be desirable, particularly so that they do not follow the ceroorline of the drainageways. 3) I assume the new fill in the northeast corner will be removed. 4) Better orientation of parking spaces to building locations in Phase II is desirable and there appears to be room for it. TO 64A ' SUBJECT C"/w4�(�©T Pi.�iri� lA A v ✓ 1� r r :rr.> > 1 i I A, T i (c: �J �t �✓ `� �r , i? � S1 "� L � L s ► � 1♦ r it, 0 M& M. I jjjjjql--w SIGNED -- f f DATE SIGNED SEND PARTS 1 AND 3 WITH CARBONS INTACT - KEEP PART 2-1-OR, FOLLOW-UP Brand - Flanders Lumber - Abutters John Ewing Burlington Saving Bank 148 College Street Burlington, Vermont 05401 Stokes Gentry 53 Timber Lane South Buulington Arthur Bergner 134 Prospect Parkway Burlington, VT Burlington Indoor Tennis, inc. Box 2111 South Burl. No Text FILE R- k4 SEWER HIGHWAY WATER 625 HINESBURG ROAD - ZIP 05403 DIAL 862-6431 City of South Burlington Dorset Street South Burlington, Vermont 05401 Attention: Mr. David Spitz City Planning Administrator Reference: Grandview Condominiums Dear Mr. Spitz: Under the terms of the Construction Contract between Flanders - Boardman Partnership and Ralph B . Goodrich, Inc., the street (Grandview Drive) will be completed on or before September 15th consisting of base coarse only from the development to Dorset Street. Very truly yours, RALPH B . Q00DRICH, INC. Mark S . Goodrich Vice President MSG/s July 16, 1982 • Culvert Pile Sales Contract or Hourly Rate • Well Point System • Gradall • Dozers • Shovels ���[CIlCI3IL[ AN EQUAL OPPORTUNITY EMPLOYER BUILDING SUPPLY INC. July 16, 1982 City of South Burlington Dorset Street South Burlington, Vermont 05401 Attention: David Spitz City Planning Administrator Dear Mr. Spitz: Re: Grandview Condominiums Under the terms of the Construction Contract between FLANDERS-BOARDMAN PARTNERSHIP and FLANDERS BUILDING SUPPLY, INC, the first units in this phase will be complete and ready for occupancy by October 1, 1982. Very truly yours, Z Leigh Prescott Construction Coordinator LP/jm 34 PARK STREET, P.O.BOX 74 ESSEX JUNCTION, VT 05452 PHONE 802-878-3381 HICKOK& BOARDMAN REALTYINC. \ 346 Shelburne Street, % Burlington, Vermont 05,- Phone 658-3500 Mr. David Spitz City Planner South Burlington City Offices So. Burlington, Vermont 05401 Dear Dave: April 10, 1981 MlS REALTOR Confirming our telephone conversation, we are faced with a serious problem in attempting to complete our Grandview project as a purely condominium owner occupied project. The costs of construction and even more particularly, the costs of "take-out" financing for individual owners have changed so: drastically since the inception of the project that we must consider other alternatives. With mortgage rates running at 15 to 152%, and with our basic unit price at $42,700, a potential buyer must have an income in the $26,000 to $27,000 per year range to qualify for a mortgage. There is no significant relief in sight. In our opinion, it will be economically impractical to proceed with the project exactly as planned and we would like to have the option of proceeding with the balance, or a substantial portion of the balance of the project as apartment units. There would be no change in density or basic design of the buildings. A change of siding material is being considered and samples would be submitted to the commission if necessary. We will still be furnishing low cost housing to area residents, although on a rental rather than ownership basis. The objective of the investor -owner would be to convert the apartments to condominiums at some later date (probably within five to six years) when mortgage money is less costly and area residents with modest incomes could qualify more easily for mortgage money. -2- Please let me know whether or not there will be a need for us to make a presentation to the Planning Commission regarding this possible change. Your prompt response will be sincerely appreciated. Sincerely, Lyndol H. Palin Manager LHP:bc cc: Robert E. Boardman William Flanders HICKOK& BOARDMAN REALTYINC. \ 346 Shelburne Street, J Burlington, Vermont 05J Phone 658-3500 April 21, 1981 South Burlington Planning Commission Attn: Mr. David Spitz Dorset Street So. Burlington, Vermont 05401 RE: Grandview Phases II & III Gentlemen: The following is in further reference to our request for a possible change of the last two phases of the Grandview Condominium project to an apartment complex. As stated in my previous letter, the current cost of mortgages is dictating that we explore alternatives in order to complete our project. Mr. Spitz has indicated that you would like to have us outline how our revised plan would continue to meet the objective of providing low cost housing for South Burlington residents. I believe the following comparison will best illustrate how we will still be meeting a need. With the lowest existing mortgage rate of 152% interest presently in effect a potential buyer is faced with the following circumstances. To purchase a $42,700.00 two bedroom unit, a $2,135.00 downpayment is required. This is the minimum downpayment for a 95% mortgage and since a 95% mortgage must be privately insured, closing costs are somewhat higher than for a conventional mortgage with a higher downpayment. MLS REACTOR Closing costs would run between $1600 and $1700 so this means a buyer must have between $3,735.00 and $3,835.00 in cash available at closing. He would then be making payments on a $40,565.00 mortgage and his total monthly shelter costs would break down as follows. Principal and interest $522.43; Association dues $42.00; Taxes $52.50; Insurance $10.00; Mortgage Insurance Premium $10.00 for a total shelter cost of $636.93. -2- Banks will now allow shelter costs to be approximately 27% of gross income provided other monthly debts are minimal. At $636.93 as 27% of gross income, the monthly income level required to support shelter costs is $2,359.00 or $28,308.00 annually. It is obvious that such a requirement forecloses the majority of persons, for whom this project was designed to accommodate, from the market. If we have the option of completing the balance of the units as apartments for rental, we would propose a monthly rental figure of $415.00 per month. Using the common ratio of rental expense to gross income of 25% this would mean that a tenant would need a gross income of $1660.00 per month or $19,920.00 annually. This would mean that the Grandview units would be available on a rental basis to many people who could not possibly afford to purchase them either due to insufficient income, lack of a downpayment, or both. The objective of Flanders Boardman would still be to convert the balance of the project to condominium units as soon as market conditions would permit. It would also be our plan to be the managing agent for the investor -owner so that we could continue to exert substantial control of the project. We would also point out that if we are able to proceed with the project now we can avoid some of the ever increasing building costs that keep pushing the unit price up. Sincerely, Lyndol H. Palin Manager LHP:bc SPOKES 8 OBUCHOWSKI ATTORNEYS AT LAW P. O. BOX 2325 RICHARD A. SPOKES SOUTH BURLINGTON, VERMONT 05401 JOSEPH F. OBUCHOWSKI WILLIAM G. LIVINGSTON STEVEN F. STITZEL September 19, 1980 Mr. David Spitz City Planner 1175 Williston Road South Burlington, Vt. 05401 Re: Southridge Condominiums Dear David: 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 In connection with the above entitled proposal, I enclose the following: 1. Offer of Irrevocable Dedication pertaining to two pedestrian easements. The Offer should be recorded in the Land Records. Bill Szymanski should sign in behalf of the City in the presence of two witnesses, and Bill must acknowledge his signature before a Notary. 2. Easement Deed for the pedestrian easements, and Vermont Property Transfer Return. These should be held in escrow until such time as the Council accepts the dedication of the pedestrian easements. At that time, the deed should be recorded. 3. Offer of Irrevocable Dedication for sanitary sewer line easement. Again, Bill should sign this with two witnesses and a Notary, and it should be recorded in the Land Records. 4. Easement Deed for the sewer line along with Vermont Property Transfer Return. These should be held in escrow until the Council accepts the easement. I have made one change in the Offers by indicating that Exhibit A in each case is a copy of the deed as opposed to the original. I should also indicate that I do not have the plan referred to in the documents and you should verify that the descriptions in the deeds are consistent with the plan. Very y«trul your , Richard A. es RAS:mi1 Enclosures cc: Peter Collins, Esq. 35 Z70 ox2 - (f 0,00 -01 - -3S --- Lf pAsr-cwi)w - fnsp�r / clj�ll UAI� /4X-T D E i. "T 140 RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI WILLIAM G. LivlNcsroN Steven F. Stitzel SPOKES F6 OBUCHOWSKI ATTORNEYS AT LAW P. O. BOX 2325 SOUTH BURLINGTON. VERMONT 05401 October 6, 1980 Mr. David Spitz City Planner 1175 Williston Road South Burlington, Vermont 05401 Re: Southridge Condominiums Dear David: 1775 WILLISCON ROAD TELEPHONE (802) 863-2857 Enclosed please find an original partial release in connection with the pedestrian easements and sewerline easement. I would recommend that this be recorded in the Land Records. Very truly yours, Richard - . Spoke,$,.._ RAS:mi1 Enclosure RiCHAP,D A. SPOKES JOSEPH F. OBUCHOWSKI WILLIAM G. LIVINGSTON Steven F. Stitzel SPOKES &6 OBUCHOWSKI ATTORNEYS AT L.AW P. O. BOX 2325 SOUTH BURLINGTON, VERMONT 05401 October 6, 1980 Mr. David Spitz City Planner 1175 Williston Road South Burlington, Vermont 05401 Re: Southridge Condominium Dear David: 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 Enclosed please find another partial discharge in connection with a sewer easement and two pedestrian easements. Very truly yours, Richa Spokes RAS:mil Enclosure RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI WILLIAM G. LIVINGSTON STEVEN F. STITZEL SPOKES F3 OBUCHOWSKI ATTORNEYS AT LAW P. 0. BOX 2325 SOUTH BURLINGTON, VERMONT 05401 September 11, 1980 Peter Collins, Esq. Paul, Frank and Collins P. 0. Box 527 Burlington, Vermont 05402 Re: Southridge Condominium Dear Peter: 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 From the City's viewpoint, the Declaration you sent to me on August 29, 1980 for Southridge Condominium seems fine. The only thing I couldn't find is some provision indicating whose responsibility it is to maintain and plow the roadways until such time as they are accepted as public streets. Perhaps this has already been taken care of. There are a couple of loose ends which need to be cleaned up before any zoning permits can be issued for this phase. You have previously filed with the City an Offer of Irrevocable Dedication pertaining to four strips of land, twenty feet in width to be used as pedestrian easements. The Offer indicated that the exact locations would be agreed upon by November 30, 1979 and at that time an Easement Deed would be delivered to the City. I understand the locations were agreed upon, but there are now two pedestrian rights of way, fifteen feet in width, as opposed to the originally contemplated four pedestrian rights of way, which were to be twenty feet in width. The two rights of way are depicted on a plan entitled "Grandview Acres Condominium Kennedy Drive and Dorset Street South Burlington, Vermont Development Plan" by Donald L. Hamlin, last revised on August 28, 1980. I am not sure this plan is recorded yet, but I assume it will be. It would appear that we need a new Offer of Dedication and a new Easement Deed for the two agreed upon pedestrian rights of way. Perhaps the Offer should contain a reference to the previous Offer and that the new Offer replaces the former one. Peter Collins, Esq. September 11, 1980 Page 2 In addition, the above referred plan shows a new twenty foot wide sanitary sewer easement. Again, it would appear that we need a new Offer, Easement Deed and Bill of Sale for this new line. I think that's everything. If you agree with my observations, perhaps you can send drafts of the new documents to me and to David Spitz so that we may expediate the review. RAS:mi1 cc: David Spitz very truly yours, Richard A. Spokes I I September b, 196U Lyn Malin Hickok & Boardman 346 Shelburne Street Burlington, Vermont 05402 Dear Lyn, Enclosed is a copy of the Planning Commission's final aWroval with stipulations for revised phase IV of the Grandview project. I have received from Len Lamoureux satisfactory copies of your plans showing both revisions to Phase IV and new pedestrian and sanitary sewer easements. You should plan to record with the City Clerk i-ailar copies of the %)evelopuent elan, Exhibit A" (reduced) and "'Exhibi,t A, Site Plan." As I discussed with you on the telephone today, legal documents for the easements must still be submitted and approved. Please call if you have any questions. DS/Mcg 1 Encl Sincerely, David H. Spitz, City Planner DDS 8/26/80 FINDINGS OF FACT AND/OR STIPULATIONS For the revised Final Plat application of Flanders Boardman for Phase IV (24 units) of Grandview Condominiums as depicted on an as -built plan plus 5 pages entitled "Southridge Condominiums, :Site Plan, Phase IV," last revised 8/13/80 and prepared by Hamlin Consulting Engineers: Stipulations: 1) This approval supplements the conditions of preliminary approval(7/5/77), and of final approval for phase I (10/25/78), phase II (1/10/78), and phases III and IV (9/26/78), which are applicable to the entire project. 2) The recreation fee shall be paid at the rate of $8.74 per unit. 3) Phasing of construction shall be revised according to the following schedule: .I Mp'�1U e Sta Date tm tion IV /whenipulations re met /j II 9/15/80 / III 5/1/80 4 4) The exact locations of two pedestrian trails and a sanitary sewer easement, as depicted in red on a map marked "Ped Trails" and dated 11/28/77, shall be indicated on the final plat. The trails may be relocated according to the following provisions: a) the southerly pedestrian easement is subject to relocation, if the home- owner's association locates tennis courts or gardens which may conflict with the use of the pathway at the southeast corner of the property. b) the northerly pedestrian easement (which extends 15' southerly of the 265' contour) may be relocated if the developer or homeowner's association is compelled to install storm drainage facilities whose location may conflict with the use of the pathway, at the northeast corner of the property. 5) Legal documents, including a declaration of covenants and easements and offers of dedication for the pedestrian trails and sanitary sewer, shall be submitted to and approved by the City Attorney prior to issuance of the first building permit.: 6) The sidewalk shall be constructed continuously across driveways. 7) Curbs shall continue across driveways as depressed concrete curbs. �) The final plat shall be recorded within 90 days. G-�,� a �$62 - -(fo�a �.� ol -- , j � -vvA;K�3v�� 'A �p�� 323 1D/`77 PI-yqw - 37s�7``f�� /7 9/7, - A& � J -OK �E OMp'TE lu+� i�iDIN(� S P r UPp(/ES II ,I `eYY tl W iltl� W tl e.r x .Y LYY 34 PAkK STREET, ESSEX JU.NLTION August 14, 1980 Mr. Lyn Palin Flanders - Boardman C/O Hickok & Boardman 346 Shelburne Rd. Burlington, Vt. 05401 Dear Lyn: V�L<.se'cr�s vo WONDER HOME VERMONT 878-3381 Ref: Grandview units We are pleased to quote you for units to be con- structed at Grandview Condominiums in South Burlington, for which orders are placed during 1980, as follows: Basic unit: $27,500.00 Options: 1979 price list plus 10% As you can see, this is an overall increase in construction price of 10% over 1979 prices, reflecting increases in our cost of materials and labor. ry truly yours, 11 DANA CORPORATION BILL OF SALE KNOW ALL MEN BY THESE PRESENTS THAT, FLANDERS-BOARDMAN, a Partnership with principal place of business in Burlington, County of Chittenden, State of Vermont, in consideration of One and More Dollars, does hereby GRANT, SELL, TRANSFER and DELIVER UNTO the CITY OF SOUTH BURLINGTON, a Municipal Corporation under the laws of the State of Vermont, the following described property: Being all that piping, joints, T's, valves, gates, gauges, and all other items and appurtenances in- stalled by the within Grantor for the purpose of water conduction, sanitary sewage conduction and storm water conduction in, under and through the lands and premises of the within Grantor located on the southerly side of Kennedy Drive and the easterly side of Dorset Street, in the Grandview Acres Condominium Development. The location of same being approximately as depicted on a Plat entitled "Development Plan" recorded, or to be recorded in the City of South Burlington Land Records. Said piping is described as being 10 inch water mains, 8 inch sewer mains, and 12 inch to 15 inch storm water mains, all as depicted on said plat. The above -described property is conveyed in an "AS IS" condition, and is conveyed "AS LOCATED" under and through said real property. With the acceptance of this Bill of Sale, the City of South Burlington shall be responsible for the maintenance, repair and replacement of all property conveyed hereunder, and Grantor shall have no responsibility or liability for the re- pair, maintenance and/or replacement of same. TO HAVE AND TO HOLD said property UNTO the CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever, and FLANDERS-BOARDMAN hereby warrant and represent that it is duly authorized to transfer said property and that there are no liens, claims or encumbrances of any kind against said property. Reference is also made to a right of way and easement given by the within Grantor to the within Grantee and conveying certain rights to the real property in which the within piping and its appurtenances are presently located. IN WITNESS WHEREOF, the within Grantor hereunto sets its hand and seal this day of In the presence of: STATE OF VERMONT CHITTENDEN COUNTY, SS. , 1979. FLANDERS-BOARDMAN U'M Its Duly Authorized ent L.S. At Burlington in said County on this day of , 1979, ROGER E. CURTIS, Duly Authorized Agent of FLANDERS-BOARDMAN, personally appeared, and he acknowledged the above instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of said FLANDERS-BOARDMAN. Before me, Notary Public 2 0 1 SPOKES 8 OBUCHOWSKI ATTORNEYS AT LAW P. O.BOX 2325 SOUTH BURLINGTON, VERMONT 05402 RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI July 3, 1979 HAND DELIVERED Richard Ward, Zoning Administrator and Stephen Page, City Planner 1175 Williston Road So. Burlington, Vermont 05401 Re: Grandview Condominiums Gentlemen: 1775 WILLISTON ROAD TELEPHONE (802) 863-2857 With pride, I transmit to you the following legal documents in connection with the City's newest low income housing project: 1. Offer of Dedication for pedestrian easements. This should be signed by Bill, witnessed, acknowledged and recp'rded in the Land Records. �. 2. Offer of Dedication for streets. This also should be signed by Bill, witnessed, acknowledged and redorded. 3. Warranty Deed for phase one of Twin Oaks Terrace. This should be placed in a file, and not recorded until acceptance by the City Council. 4. Warranty Deed for phase two of Twin Oaks Terrace. Again this should not be recorded until the City Council has accepted phase two. 5.Easement Deed. This too should not be recorded until accepted by the Council. 6. Bill of Sale. This need not be recorded. 7. Two mortgage partial releases which should be reded at this time. Please let me know if either of you have any questions. Verytrulyyours, Richard A: A' pokes RAS:mi1 Enclosures cv" Lot., BILL OF SALE KNOW ALL MEN BY THESE PRESENTS THAT, FLANDERS-BOARDMAN, a Partnership with principal place of business in Burlington, County of Chittenden, State of Vermont, in consideration of One and More Dollars, does hereby GRANT, SELL, TRANSFER and DELIVER UNTO the CITY OF SOUTH BURLINGTON, a Municipal Corporation under the laws of the State of Vermont, the following described property: Being all that piping, joints, T's, valves, gates, gauges, and all other items and appurtenances in- stalled by the within Grantor for the purpose of water conduction, sanitary sewage conduction and storm water conduction in, under and through the lands and premises of the within Grantor located on the southerly side of Kennedy Drive and the easterly side of Dorset Street, in the Grandview Acres Condominium Development. The location of same being approximately as depicted on a Plat entitled "Development Plan" recorded, or to be recorded in the City of South Burlington Land Records. Said piping is described as being 10 inch water mains, 8 inch sewer mains, and 12 inch to 15 inch storm water mains, all as depicted on said plat. The above -described property is conveyed in an "AS IS" condition, and is conveyed "AS LOCATED" under and through said real property. With the acceptance of this Bill of Sale, the City of South Burlington shall be responsible for the maintenance, repair and replacement of all property conveyed hereunder, and Grantor shall have no responsibility or liability for the re- pair, maintenance and/or replacement of same. TO HAVE AND TO HOLD said property UNTO the CITY OF SOUTH BURLINGTON, its successors and assigns, to its own use and behoof forever, and FLANDERS-BOARDMAN hereby warrant and represent that it is duly authorized to transfer said property and that there are no liens, claims or encumbrances of any kind against said property. Reference is also made to a right of way and easement given by the within Grantor to the within Grantee and conveying certain rights to the real property in which the within piping and its appurtenances are presently located. IN WITNESS WHEREOF, the within Grantor hereunto sets its hand and seal this L)C % a+ day of t>n-1 1979. C. FLANDERS-BOARDMAN By:_t� �� L.S. + Its Duly Authorized Agent "f STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington in said County on this �� day of 1979, ROGER E. CURTIS, Duly Authorized Agent of FLANDERS-BOARDMAN, personally appeared, and he acknowledged the above instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of said FLANDERS-BOARDMAN. Before me, Notary Public 2 OFFER OF IRREVOCABLE DEDICATION Paul, Frank & Collins, Inc. Attorneys at Law Burlington, Vermont Agreement made this 12th day of June, 1979, by and between FLANDERS-BOARDMAN, a Vermont Partnership (here- inafter referred to as "OWNER"), and the CITY OF SOUTH BURLINGTON (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, the City Planning Commission has approved a final subdivision plat entitled "Site Plan (Brand Property)" Condominium Development for Flanders Lumber Company and Hickok and Boardman Real Estate dated the llth day of Septem- ber, 1978, by Wiemann-Lamphere Architects recorded in Volume 153 at Page 19 of the City of South Burlington Land Records, and WHEREAS, final approval of the Planning Commission for Phase I, dated October 25, 1977, for Phase II, dated January 10, 1978, for Phases III and IV dated September 26, 1978, contained a condition that the developer was to prepare a deed and an Offer of Dedication to the City for two pedes- trian easements, and WHEREAS, the above -described easements are to be dedicated to the City, free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner shall deliver an easement deed to the City for a pedestrian trail, above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval and in further consideration of One Dollar in lawful money paid by the City to the Owner, and other good and valuable consideration, it is hereby covenanted and agreed as follows: 1. The Owner shall deliver to the City, a proposed leasement deed for the pedestrian rights of way, said delivery being a formal Offer of Dedication to the City, at such time as the exact location has been agreed upon, to be held by the City until the acceptance or rejection of said Offer lof Dedication by the counsel of the City. 2. The Owner agrees that said formal Offer of Dedica- Ition is irrevocable and can be accepted by the City at any I time. 3. This Irrevocable Offer of Dedication shall run (with the land and shall be binding upon all assigns, grantees, (successors and/or heirs of the Owner. 4. A description of said easement deed is attached hereto as Exhibit A and made a part hereof by reference. 5. The parties further agree that the exact location of said pedestrian easement is approximate only, and the final and precise location of said easement will be determined on or before November 30, 1979, by the South Burlington Natural Resources Committee, with the advice of the Owner, Condominium association, and Green Mountain Power Corporation. the presence of: Paul, Frank & Collins, Inc. Attorneys at Law Burlington, Vermont FLANDE�RS-BOARDMAN Its Duly Authorized Agent CITY OF SOUTH BURLINGTON 2 Its Duly Authorized Agent Paul, Frank & Collins, Inc. Attorneys at Law Burlington, Vermont STATE OF VERMONT CHITTENDEN COUNTY, SS. At 9tt10"q'6_)4 , in said County on this /Z 14 day of , 1979, ROGER E. CURTIS, Duly x- Authorized Agent of FLANDERS-BOARDMAN personally appeared, and he acknowledged the above instrument, by him subscribed, to be his free act and deed, and the free act and deed of FLANDERS-BOARDMAN. Before me, .L Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. of At South Burlington in said County on this day , 1979, Duly Authorized Agent for the CITY OF SOUTH BURLINGTON personally appeared, and he acknowledged the above instru- ment, by him subscribed, to be his free act and deed, and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, 3 Notary Public EXHTRTT A Four strips of land, approximately 20 feet in width, to be used as pedestrian easements, as depicted on a plan entitled "Development Plan," dated Mayes 1979, recorded in Volume , Page , of the City of South Burlington Land Records. On said plan, the pedestrian easements are shown as "Trail Easements" which border both sides of the two streams on either side of the property. The within Grantee agrees that it shall strive to construct and maintain said pedestrian easement in as natural as state as possible to blend with the surrounding area and the within Grantee shall be solely responsible for the maintenance, replacement, upkeep and repair of any pedestrian path or easement created or installed, including all maintenance to insure that the banks of said streams are not eroded due to the use of the pedestrian easements. The within Grantee, its successors and assigns, shall hold the within Grantor and its successors and assigns, harmless from any and all damage or claims which arise on account of the public use of the pedestrian easement herein conveyed. This conveyance is subject to the condition that no motorized or vehicular traffic including, but not limited to, motorcycles, trail bikes, snowmobiles or any other motorized traffic shall be allowed to utilize the pedestrian easement, and this condition shall run with the land. Paul, Frank & Collins, Inc. Attorneys at Law Burlington, Vermont OFFER OF IRREVOCABLE DEDICATION This Agreement, made in duplicate, the 12th day of June, 1979, by and between FLANDERS-BOARDMAN, a Vermont Partnership, with principal place of business in Burlington, Vermont, (herein- after referred to as "OWNER"), and CITY OF SOUTH BURLINGTON (hereinafter referred to as "CITY"); WITNESSETH: WHEREAS, the City Planning Commission has approved a final subdivision plan entitled "Site Plan (Brand Property)" Condo- minium Development for Flanders Lumber Company and Hickok & Boardman Real Estate dated the llth day of September, 1978, by Wiemann-Lamphere Architects recorded in Volume 153 at Page 19 of the City of South Burlington Land Records, and WHEREAS, the final approval of the Planning Commission for Phase I dated October 25, 1977, for Phase II dated January 10, 1978 and Phases III and IV dated September 26, 1978, contained the condition that the Developer give deeds and Offers of Dedi- cation for streets and utility easements where said utility lines are located outside of the street right of way; and WHEREAS, the above -described areas are to be dedicated to the City, free and clear of all encumbrances; and WHEREAS, the Owner has delivered deeds of conveyance to the City for the above -described areas. NOW THEREFORE, in consideration of the City Planning Com- mission's final approval and in further consideration of the sum of One Dollar, paid by the City to the Owner and other good and valuable consideration, it is hereby covenanted and agreed as follows: 1. The Owner herewith delivers to the City, Warranty Deeds describing several parcels or strips of land as set forth and described in Exhibit "A", attached hereto, said delivery being a formal offer of dedication to the City to be held by the City until the acceptance or rejection of such offer of dedication by the City Council of the City of South Burlington. 2. The Owner agrees that said formal offer of dedication is irrevocable and can be accepted by the City at any time after completion of all improvements to the above -described parcel or strips of land by the Owner. 3. This Irrevocable Offer of Dedication shall run with the land and be binding upon all assigns, grantees, successors and/or heirs of the Owner. In the presence of: FLANDERS-BOARDMAN By: Its Duly Authorized Agent CITY OF SOUTH BURLINGTON Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington this 12th day of June, 1979, ROGER E. CURTIS, Duly Authorized Agent of FLANDERS-BOARDMAN, personally appeared, and he acknowledged the above instrument, by him subscribed, to be his free act and deed, and the free act and deed of FLANDERS- BOARDMAN. Before me, Notary Public 2 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington this day of June, 1979, , Duly Authorized Agent of the CITY OF SOUTH BURLINGTON personally appeared and he acknowledged the above instrument, by him subscribed, to be his free act and deed, and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, Notary Public 3 FORM 1911 - VERMONT WARRANTY DEED of Burlington in the County of Chittenden and State of Vermont Grantor ------------Ten and More---------- to the consideration of paid to its full satisfaction by Dollars CITY OF SOUTH BURLINGTON, a Municipal Corporation of South Burlington in the County of Chittenden and State of Vermont Grantee by these freely %Wr. Grant, #r11, fdotroAttic Qiontfirtn unto the said s �eu Grantee CITY OF SOUTH BURLINGTON successors certain piece of land in and its/ xtmdns and assigns forever, a County of South Burlington in the follows, viz: Chittenden and State of Vermont, described as A strip or parcel of land, 60-feet in width, extending from the westerly sideline of Twin Oakes Terrace, so-called, in a westerly direction a distance of 599 feet to a point which marks the western boundary of Phase I of the Grandview Acres Condominium Development. Said strip or parcel of land is shown as a portion of the "Proposed Public Street" on a Plan entitled "Grandview Acres Condominiums, Kennedy Drive and Dorset Street, South Burlington, Vermont, Development Plan," dated May 25, 1979 and recorded in Volume Page of the City of South Burl- ington Land Records. Included in this conveyance are all underground water, sewer and storm sewer lines within said 60-foot strip of land. Being a portion of the land and premises conveyed to FLANDERS- BOARDMAN by Warranty Deed from Howard H. Brand, dated December 15, 1978 and recorded in Volume 146, Pages 304-305 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respec- tive records and references, in further aid of this description. of Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of ---------Ten and More---------------- Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a Municipal Corporation Of South Burlington in the County of Chittenden and State of Vermont Grantee b these freely (6tur. (6rnnt, #A1. (Qnnnru Amh alonftrm unto the said sGrantee CITY OF SOUTH BURLINGTON successors certain piece of land in and its/ & and assigns forever, a County of South Burlington in the follows, viz: Chittenden and State of Vermont, described as A strip or parcel of land, 60-feet in width, extending from the easterly boundary line of Phase II of the Grandview Acres Condo- minium Development in a westerly direction a distance of 727 feet to the easterly sideline of Dorset Street. Said strip or parcel of land is shown as a portion of the "Proposed Public Street" on a Plan entitled "Grandview Acres Condominiums, Kennedy Drive and Dorset Street, South Burlington, Vermont, Development Plan," dated May 25, 1979 and recorded in Volume the City of South Burlington Land Records. Page of Included in this conveyance are all underground water, sewer and storm sewer lines within said 60-foot strip of land. Being a portion of the land and premises conveyed to FLANDERS- BOARDMAN by Warranty Deed from Howard H. Brand, dated December 15, 1978 and recorded in Volume 146, Pages 304-305 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. FORM 1911 - VERMONi o . EasemeD.t, Deed RUTt •n0 vERMOnT O101 Ain, it itiftllt$f FLANDERS-BOARDMAN, a Vermont Partnership Of Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of ------Ten and More----------- Dollars paid to its full satisfaction by CITY OF SOUTH BURLINGTON, a Municipal Corporation Of South Burlington in the County of Chittenden and State of Vermont Grantee by these presents, do freely (liar. (grunt. Sell, (Innaeu Ana Tonfirm unto the said Grantee CITY OF SOUTH BURLINGTON successors and its / Anim and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: Permanent easements and riahts of wav in. over,---�d upon certain strips or parcels of land located in the development known as Grandview Acres Condominiums. Said easements shall be for sewer lines, storm water lines water mains, water pits and fire hydrants, all as shown on a Plan entitled "Grandview Acres Condominiums, Kennedy Drive and Dorset Street, South Burlington, Vermont, Development Plan" dated May 25, 1979 and recorded in Volume , Page , of the City of South Burlington Land Records. Being a portion of the land and premises conveyed to FLANDERS- BOARDMAN by Warranty Deed from Howard H. Brand, dated December 15, 1978 and recorded in Volume 146, Pages 304-305 of the City of South Burlington Land Records. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. P. O. Box 2325 SOUTH BURLINGTON, VERMONT 05401 RICHARD A. SPOKES 1775 WmusTON ROAD JOSEPH F. OBUCHOVSKI June 20, 1975+ TELEPHONE (802) 863-28S7 Peter Collins, Esquire Paul, Frank & Collins Fairchild Square 110 Main Street Burlington, Vermont 05401 Re: Grandview Documents Dear Peter: We have reviewed the documents you submitted to me on June 13, 1979. Before offering my comments I must state for the record the City's displeasure at your clients' actions in this matter. Suffice it to say the City will not accept the blame for your clients' delinquencies, nor will your client be treated any dif- ferently than any other developer, nor will the City tolerate any construction prior to the issuance of a Zoning Permit. Our comments on your submissions are as follows. 1. Before recording, the "Development Plan" must be changed to indicate that it does not accurately depict the loca- tions of the proposed buildings as approved by the Plan- ning Commission. 2. Offer of Dedication for Pedestrian Easements. The first "Whereas" clause should be changed to read as follows: "WHEREAS, the City Planning Commission has approved a final subdivision plat entitled 'Site Plan (Brand Property' Condominium Development for Flanders Lumber Company and Hickok & Boardman Real Estate" dated the llth day of September, 1978, by Wiemann-Lamphere .Architects recorded in Volume 153 at Page 19 of the City of South Burlington Land Records, and". The second "Whereas" clause should refer to the final approval for Phase I of October 25, 1977, for Phase II of January 10. 1978 and for Phasea III and IV of September 26. 3. offer of Dedication for Streets. The "Whereas" clauses should be modified as suggested above. Since the Offer is recorded in the Land Records, but the deed is not until acceptance by the City Council, the executed deed cannot serve as an exhibit to the Offer. Perhaps an unexecuted copy of the deed could serve as Exhibit A and the Offer modified to reflect this change. 4. Deed to Street. Two deeds might be in order if the street is not to be completed in its entirety at the time Phase I is constructed. It may be desirable to the City to accept only that portion of the street which is com- pleted and servicing Phase I. I will be pleased to dis- cuss this further with you. In addition, the second paragraph of the description is unacceptable. I would suggest it read as follows: "Included in this conveyance are all underground water, sewer and storm sewer lines within said 60-foot strip of land." 5. Easement Deed. Perhaps the second sentence of the des- cription could be changed to read as follows: "Said easements shall be for sewer lines, storm water lines, water mains, water pits and fire hydrants, all as shown on a Plan...". We will also need a Sill of Sale to all sewer and water lines and appurtenances outside of the street right of way. I am enclosing for your use a form which is acceptable from the City's viewpoint. I am returning the original documents to you. To expedite this matter, I would suggest you submit new drafts both to my office and to the Zoning and Planning Office in City Hall. Very truly_._ ours, Richard A. SPokes RAS/ccb Enclo es cc: v9tephen Page, City Planner Richard Ward, zoning Administrator P. O. Box 2325 SOUTH BURLINGTON, VERMON'C 05401 RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI May 11, 1979 -Mr. Richard Ward ✓ii. Stephen Page 1175 Williston Road So. Burlington, Vermont 05401 Re: Brand Farm Development Dear Dick and Steve: 1775 WILLISTON ROAD TELEPHONE (802) $63-2857 I have reviewed the Escrow Agreement and find it to be legally acceptable. The blanks however must be filled in, and the agreement executed by Bill in behalf of the City. The City, Bank and Developer all should have one complete executed copy of the agreement. I would caution you that no zoning permits should be issued to the Developer until we receive the offers of Dedication, deeds, Easement Deeds, etc. which are re- quired by the Planning Commission's approval. All of these documents should be reviewed by my office prior to the issuance of any permit. Very, tiudy)yours, f, Richm .pees RAS/ccb Enclosure To: Grandview (Brand) Condominium File From: Stephen Page Re: Pedestrian and Sewer Easements Date: 10/10/79 This is to confirm the understanding that has been reached regarding 2 pedestrian easements and 1 sanitary sewer easement which traverse the common open space on this project. These easements are shown on the attached plan in red, and will be subsequently redrawn (with distances and approximate interior angles to confirm the new locations) on the next final plat which is recorded (i.e., after layout re- visions to any later phases). The easements will be secured in the usual manner with an offer of irrevocable dedication. The location and terms of these easements were found to be acceptable by Messrs. Palin and Curtis, at a meeting in this office on 9/28/79, with the following conditions: (1) the southerly pedestrian easement is subject to relocation, if the home- owner's association locates tennis courts or gardens which may conflict with the use of the pathway at the southeast corner of the 'property. (2) the northerly pedestrian easement (which extends 15' southerly of the 265' contour) may be relocated if the developer or homeowner's association is compelled to install storm drainage facilities whose location may conflict with the use of the pathway, at the northeast corner of the property. To: Twin Oaks, Brand Condos. files From: Steve Page, Planner Re: Pedestrian easement in Green Mruntain Power rights of way Date: November 28, 1978 GMP (Bruce Ellison, Montpelier office) has concerns over pedestrian easements in their power line rights of way which must be resolved before these easements are accepted and used. r-5 -02 J Z,r I~ O'e � �(B � �N 6 ! GN --F- •�/ a cv � /�� iC �'clsr ems'✓y ,�f�,�', DATE: SUBJECT: April 10, 1980 r TO: Mr. Richard Ward Zoning Administrator City of South Burlington Williston Road So. Burlington, Vermont 05401 REPLY: Dear Dick: HIMOK & BOARDMAN, INC. 346 SHELBURNE STREET BURLINGTON, VERMONT 05402 TEL. 802/658-3500 J Please note the enclosed letter addressed to the Environmental Commission. If this activity is approved by the Commission, do we need any further approvals from your office? Thank you for your cooperation. L xz BY: SIGNED 1i friiuiaiaiaaiiriiiiy� /lll l�!lll 11 l�l��lll�Illll�l) Speed Letter, To �Vt4.�tL� _.� From= subject _NNS&IOFOLD MESSAGE REPLY -N..9 FOLD -Nm 10 FOLD Date WilsonJones oAcw,' -911I ,wr RETAIN WHITE COPY, RETURN PINK COPY 277 Grandview Condominium Association 346 Shelburne Street Burlington, Vermont 05401 April 10, 1980 Ms. Susan Cain District # 4 Coordinator Environmental Commission 111 West Street Essex Junction, Vermont 05452 Dear Ms. Cain: Several residents at Grandview are interested in having a community garden plot. Confirming my telephone conversation with you, I am uncertain whether or not approval by your commission is necessary for this kind of activity, but we would like to bring it to the attention of the commission for their decision. The proposed garden plot would be located just south of Kennedy Drive and east of the single family residential lot which is located at the corner of Kennedy Drive and Dorset Street. This is high land and not near the stream bed. It would be necessary for the �i';ers to cross the stream bed for easy access to the area. They have indicated that they would place some very simple structure across the stream. This would create a small amount of pedestrian traffic between the living units and the garden plot. At present, there have been only five or six families that have expressed an interest in the garden project. At ..+ future uu mac., 1iac gravel terraces would provide a l.v ia`v'cni%:•a. access to the garden site but these will probably not be in place this year. Your prompt attention to this request will be sincerely appreciated.. V ruly�s' XPa in for: Grandview Condo, Assn. LP:bc cc: Richard Ward, Zoning Admin., David Marshak April 15, 19b0 Hickok 6 Boardman, Inc. 346 Shelburne Road Burlington, Vermont 05401 Attn: Mr. Lyn Palen Re: Grandview garden plots Dear Mr. Palen: We have no problems with Grandview having garden plots, nor do we have problems crossing the stream bed, provided that only a simple structure such as a toot bridge is used. The stream bed is classified as a conservation -open space district, no use of this district is permitted without first ootaiuing the necessary approvals from the Planning Commission. The use of fill or culverts requires approval after a public hearing. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative uificer RW/mcg Donald L. Hamlin CONSULTING ENGINEERS, INC. LETTE.)OF TRANSMITTAL P.O. BOX 9 ESSEX JUNCTION, VERMONT 05452 TELEPHONE: (802) 878-3956 (802) 878-5123 TO Hand Carry DATE + ATTENTION =149-0 J ► .rr r�� 00 GENTLEMEN: WE ARE SENDING YOU k�/Attached ❑ Under separate cover via ❑ Shop drawings elp"rints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ❑ Samples the following items: ❑ Specifications COPIES DATE PAGE DESCRIPTION I r Y 1C(t1 i10 THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted XFor your use ❑ Approved as noted I! As requested ❑ Returned for corrections VFor review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints coPPT67)s An _�c'A, , • 11 CZ_-,. ?t , �,I�.0 T�41 �c 5ZI-17, Cllr r (3) C lk) �Q U r,J; SIGNED: LF&) lnt--tn�n�,�C IM OCP f079 If enclosures are not as noted, kindly notify us at once. w a C,�� 1 Po 7'5t�-] fo'zs f *11 P s t 1. I ?8 -1l1 71 I �7b % Zr f t+-cat, i1)1.71- 1/j TO 7-NO-4 Paqe 1 r<! Administrative Checklist - FINAL PLAT l . Subdivision Dame C' 2. Property lines, including perimeter bounds, lot lines, street lines, easements, paths, land for dedication or reservation, etc. T _ 3. Survey details (such as bearings, distances, curves, def - lection, t -ient, etc.) tied to established reference points. 4. Reserved areas, or those for which offers of cession are proposed. ®�--'- 5. ?lumber of lots, blocks, units, buildings. 6. Location of requir:-d improvements: Reference monuments , lot corner markers Street signs streets curbs _ sidewalks outdoor lighting water mains storm, drains sewer lines fire hydrants landscaping other capital improvements 7. Construction dravrinas for all required improvements. 0__ S. Name of streets or subdivision doesn't resemble any existinq 9. List of waivers granted: comments received Page 2 10. Legaldocumentsfor dedication, reservation, title cert- ification, or maintenance of parkland, open space, school sites, etc., submitted approved by City `Attorney . 11. Set amount of performance bond for required improvements and agreement on type of security required. 12. Copies of any covenants or deed restrictions 13. Management orcanization prospects 14. Legal documents, in the case of a private street, relating to permanency, maintenance, number of units to be served, etc. 15. Warning notice drawn up noticed published date 16. Compliance with conditions of Preliminary Plat Approval 17. Plan Referrals: Name Title or Agency Date Referred rage 3 18. Date & Itemize changes to Plat since date of Final Plat application (graphic or otherwise: 19. Date of Planning Commission action on this plat 20. Nofification letter, sent to applicant date 21. Compliance with conditions of final plat approval:: 22. Plan stamped, endorsed, & recorded date 23. Bond posted, or suitable agreementfully executed. 24. Copy of Plat to Assessor 25. Describe and date amendments, if any, to approved final plat: Memorandum 11/22/78 Brand Condominiums Escrow Items - Road, Curb, On & Off Site Sewer Water, Fire Hydrants On & Off Site Landscaping Storm Drainage Upgrade Pump Station r The University of Vermont COLLEGE OF AGRICULTURE, DEPARTMENT OF PLANT AND SOIL SCIENCE HILLS BUILDING, BURLINGTON, VERMONT 05401 September 14, 1978 Mr. Steve Page South Burlington Planning Office South Burlington Town Hall Williston Road South Burlington, VT. 05401 RE: Brand Condominium Project - Landscaping Dear Mr. Page: I have reviewed the Brand Condominium Project landscaping with Mr. Dennis Bruckel, our Ornamental Horticulturalist. We would like to suggest the following changes in the plan: I. Some red or Austrian pine should be substituted for about half of the white pine. 2. Sargent is a dwarf crabapple. It should not be simply interplanted with larger crabs, but a planting in and of itself to be maintained. 3. There should be some mix of rhododendron roseum and rhododendron P.J.M. for more interest. 4. Lilacs should be grown in full sun. 5. There should be a substitution of Taxus M. Densiformia for Taxus Canadensa. 6. Juniper should be grown in full sun only. 7. Picea abies is not a dwarf spruce, but is a Norway spruce. If you have any questions, please let me know. We are returning the planting plan for your file. Sincerely you s, l�s2L� Samuel C. Wig Chairman Department of Plant and Soil Science SCW:gem Enclosure An Equal 0pportnnit% Lin0o%cr -�-6p The University of Vermont a` COLLEGE OF AGRICULTURE, DEPARTMENT OF PLANT AND SOIL SCIENCE HILLS BUILDING, BURLINGTON, VERMONT 05401 September 14, 1978 Mr. Steve Page South Burlington Planning Office South Burlington Town Hall Williston Road South Burlington, VT. 05401 RE: Brand Condominium Project - Landscaping Dear Mr. Page: I have reviewed the Brand Condominium Project landscaping with Mr. Dennis Bruckel, our Ornamental Horticulturalist. We would like to suggest the following changes in the plan: 1. Some red or Austrian pine should be substituted for about half of the white pine. 2. Sargent is a dwarf crabapple. It should not be simply interplanted with larger crabs, but a planting in and of itself to be maintained. 3. There should be some mix of rhododendron roseum and rhododendron P.J.M. for more interest. 4. Lilacs should be grown in full sun. 5. There should be a substitution of Taxus M. Densiformia for Taxus Canadensa. 6. Juniper should be grown in full sun only. 7. Picea abies is not a dwarf spruce, but is a Norway spruce. If you have any questions, please let me know. We are returning the planting plan for your file. Sincerely your s , 00 "G "7 Samuel C. Wig Chairman Department of Plant and Soil Science SCW:gem Enclosure An Equal Opportunity Ernployer January 4, 1980 :sir. Lyn Palin Hickok & Boardman 346 Shelburne Street Burlington, Ver-niont 05401 Dear Mr. Palin: This letter is in response to Roger Curtis' letter of December 6, 1979, and confirms our recent telephone conversation. I see no proulem in delaying the overall phasing of the r-roject as outlined in. the letter as long as no more units are built in one year as were previously approves: for any given year. The proposal for increasing the asking price is not as easy to address. Even though inflation is Obviously a factor, I cannot give you a go ahead until you return to the Planning Commission. I can arrange to place you on -the Corulission': agenda at your regiest. Sincerely, David H . Spitz, City Planner DS/mcg