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Home My WebLink AboutBATCH - Supplemental - 0000 Gregory DrivePLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 December 9, 1997 Mr. Ken Desmond Green Tree Park, Inc. 6 Green Tree Drive South Burlington, Vermont 05403 Dear Mr. Desmond: ZONING ADMINISTRATOR 658-7958 Be advised that your request to fill lot #11 at Green Tree Industrial Park was approved by the Zoning Board of Adjustment according to the plan submitted by Trudell Consulting Engineers, Inc. Approval is subject to maintaining a silt fence until such time that the stored top soil is removed and that seeding and mulching the filled area be completed in the spring. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp PLATT, Robert Lot #1 Greqory Industrial Park Area zoned I-C District Section 19.65 Multiple uses Uses proposed - see attached list First floor 4,000 square feet for printing, drafting, micro filming,, etc. - 2,400 square feet light manufacturing Second floor 6,400 square feet for uses as proposed Proposed building 80'x80' two stories = 12,800 square feet lot 80,351 square feet = 1.8 acres GREGORY, C.W. Gregory Industrial Park Section 19.35 Filling with earth products Proposed removing of soil from lot #1 during construction to lot #5 See memo from Bill Szymanski r October 26, 1984 Mr. Robert Platt RD #1, Box 242 Shelburne, Vermont 05482 Dear Mr. Platt: Be advised that the Zoning Board of Adjustment has granted your request for a multiple use for lot #1 at Gregory Industrial Park. Approval has also been granted to fill an area of lot #5 according to the plan on file. They stipulated that the filling be completed in accordance with those requirements by Soil Conservation and the City Engineer. Formal findings will be issued at a later date. Your proposal is subject to site plan approval by the Planning Commission. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: William J. Szymanski, City Manager Re: Gregory Industrial Development, Williston Road, Filling Lot #5 Date: 10/5/84 1) I have field checked the site and see no problems with the proposed work if performed in accordance with the attached plan. State of Vermont 9 +t'•T% r• j STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION CERTIFICATION OF COMPLIANCE RE: 4C0437-3A Certified to Comply with Robert & Althea Platt Environmental Protection Rules: RFD #1, Box 242 Chapter 3 - Subdivisions Shelburne, Vermont 05482 Chapter 4 - Public Buildings Chapter 8 - Water Supply & Chapter 9 - Plumbing C. W. & Judith Gregory Nob Hill Road Williston, Vermont 05495 This project, consisting of plumbing and water service revisions for the previously approved construction of a two story 12,800 square foot commercial building (maximum 33 employees) on Lot #1 of Gregory & Daughters Industrial Park with municipal water and sewer services, located off Route 2 in the City of South Burlington, Vermont is hereby certified to satisfy the requirements of the regulations named above, subject to the following conditions: (1) The project must be completed as shown on the plans prepared by Carlson Mechanical, Inc., Reprographics of New England, Drawing No. M-1; "Heating, Ventilation, and Air Conditioning Plans", and Drawing No. M-2, "Plumbing Plans & Details" dated March 22, 1985 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) The project is approved for connection to a municipal type water system approved by the Department of Health provided . -- —— ._.a ti, 4-1•,— arnnrnwr8 4C0437-3A Robert & Althea Platt and C.W. & Judith Gregory Page 2 (7) This amended Certification of Compliance specifically approves a charge in the exterior water service line and interior plumbing and ventilation for the building construction on Lot No. 1. All other aspects of Certification of Compliance 4C0437-3 shall remain in full effect. (8) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220.) Dated this 28th day of May, 1985 in the Village of Essex Junction, Vermont. FOR THE DIVISION OF PROTECTION Mary V Clark Assis ant Regional Engineer Ernest P. Christianson Regional Engineer cc: Donald Robisky Katherine Vose Carlson Mechanical Cassella Construction Co. Department of Health Department of Labor & Industry City of South Burlington NOTIC' OF ,IT'LL,, SOUTH BURLINGTON ZONING BOARD OF ADJUS'rmENT Name, address and telephone p of applicant Robert and Althea Platt RFD 1 Box 242, Shelburne, VT 05482 (H) 985- 3074 (0) 658-0424 Name, address of property owner Crawford and Judith Gregory Nob Hill Williston, VT 05495 879-0792 Property location and description Corner of Williston and Gregory Drive 2 Floor Office Building (6400 S.F./Floor) I hereby appeal to the Zoning Board of Adjustment for the following: conditional use. variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. ii e� e Atefff iAA--Yp AN Hearing Date Signature of Appellant Do not write below this line --------------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on at (day of week) (month and date) time to consider the following: Appeal o f :,, a � � - .C.ex seeking a ?"a. from Section of thy• South Burlington Regulations. Koquest is for I)rmisSIoII to ...G-Iy �- �'4 �, .„„"�'Vf � �'t.Y�....�''a.y.�'�" j } U t•-�� . P�_^^'� % "•1 s �j CD U -�/ ,y�i • � (w.�"",..r { 44 ✓Y1 % fl `71 ,,Y,, , R e„�.,, . �( c;, �^ / Gz-�.6 ..L..- /a..L''i :/ .ce E.., Al wR/, v 'Applicants request multiple use of building to include: Permitted uses: 13.101 Business, professional, medical office 13.102 Light manufacturing 13.103 Research and Testing 13.104 Printing, etc. 13.105 Wholesale establishments 13.109 Equipment service and repair shops 4100 October 1, 1984 Mr. Robert Platt RFD #1, Box 242 Shelburne, Vermont 05482 Re: Zoning hear:Ing Dear Mr. Platt: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City offices, Conference Room, 575 Dorset Street on Monday, October 15, 1984 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend. Very truly, Richard Ward, Zoning Administrative officer RW/mcg October 1, 1984 Mr. Crawford Gregory Nob Hill Williston, Vermont 05495 Re: Zoning hearing Dear Mr. Gregroy: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, October 15, 1984 at 5:00 P.M. to consider Your request for a zoning variance. Please plan to attend. very truly, Richard Ward, Zoning Administrative Officer RW/mcg U � � rr ' /� ---------"��_��_� m~ ------- _ I September 12, 1984 City of South Burlington Dorset Street South Burlington, Vermont 05401 Attn: Jane Bechtel - Planning Dick Ward - Zoning Bill Szymanski - City Manager Dear Madam/Sirs: Althea&Robert Platt RFD 1 Box 242 Shelburne, VT 05482 We have recently signed an agreement to purchase lot #1 of the Gregory Industrial Park. We plait to design a, hulidin n e an eventual size of u to 30,000 S.F., t p to be built in two or three phases. The first phase which we would hope to start this fall, would be approximately 6,000 S.F.' on each of two levels. Approxi- mately 4,000 S.F. would be leased to a South Burlington firm, Repro- graphics of N.E., INC., the remainder would be leased as office/ware- house space. Future expansion would not be for several years. Part of the construction involves regrading the lot and excavation of fill. Due to the advancing season, we would like to get started with the ground work as soon as possible so that the lot and fill area can be reseeded in time for ground cover to get a start this fall. Towards this end, we request the following: 1. That we be scheduled for site plan review on October 23, 1984. 2. That we appear before the zoning board on October 15, 1984. for permission to move fill to another lot, apply for multiple use, and take care of any other zoning matters. We hope to have site plan and necessary applications and forms to Ms. Bechtel and Mr. Ward by September 26, 1984. This request is confirmation of Mr. Platts discussion of September 12, 1984 with Mr. Ward and Ms. Bechtel. Thank you. Sincerely, Althea S. Platt Ro ert H. Platt NOfICt: Ui SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone p of applicant C.'J`k Name, address of property owner "�tv �eY4 ck 6�Tte o d I Ui? !Felt UJikl.5t- vl rSsy9r' 87�j-aq� Property location and description —th_ I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant ------------- Do not write below this line ------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on at (day of week) (month and date) time to consider the following: Appeal of seeking b .� front Section Burlington Regulations. he9uu.st is for permissi011 to .'' of tII0 SJutit . It I t0a IQ cwr AiZOOT-sDC9 Aw a I WA 47f; 0 eZ� r "�► Cx,,. .�._ At_ r -7 IK Iregorw Al W3 iv e f. _ — 1 IL LOT 5 'Q kV i I .Kf 1- „+. i , Y � 1 A V i i de Leclerc ASite Plan Memorandum - Planning December 31, 1987 Page 3 Parking: The plans state that 750 spaces are required and shown. Actually 753 are shown. Some of the spaces are on land owned by E. Deslauriers behind the former Texaco property. If that land is not obtained, the Sheraton must return to the Planning Commission with a revised parking plan. Other: See Bill Szymanski's and comments. 4) GREEN TREE PARK, NORTHEAST CORNER OF SHUNPIKE ROAD The applicant did not record the plans within'90 days as required by State statute. There are no changes to the plans. Enclosed are the minutes of the final plat meeting and the Act 250 decision and the findings on traffic impact. In summary, the 29.46 acre property will be subdivided into 13 industrial -commercial lots. Streets: Gregory Drive will be extended to Shunpike Road (Kimball Avenue Extension) from its present end within Gregory and Daughters Industrial Park. Green Tree Drive will be constructed with a cul de sac to serve lots within the development. A 60 foot right of way'is reserved for future access to the Szymanski property. A bond must be posted for the entire road construction through to the present end of Gregory Drive. The amount will be determined by the City Engineer. Setbacks: A 40 foot setback will be maintained from Shunpike Road, Gregory Drive and Green Tree Drive. Rear line setbacks will be 30 feet except along the residential properties on Shunpike where it will be 65 feet. Sideyard setbacks are 15 feet except if they abut the residential area. Landscaping: A 8-15 foot high berm will be placed along the western boundary abutting the residential properties on Shunpike Road. Ash will be planted as street trees. Pedestrian Trail: The City's trail network includes a 15 foot Pedestrian trail along the eastern boundary of this development. It connects to the easement already provided in the Gregory development. The exact location should be discussed with the Natural Resources Committee and shown on the final plans prior to recording. The dedication should be prepared for the City Attorney within 90 days. Legal documents: All legals for street dedications and offers, the r.o.w. to the Szymanski property, drainage easements, and the pedestrian trails, etc. should be prepared for the City Attorney within 90 days. The record copy of the final plat must be recorded within 90 days or this approval is null and void. Other: See Bill Szymanski's comments. 3 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: January 5, 1987 agenda items Date: December 31, 1987 3) SHERATON INN, WILLISTON ROAD 1. A manhole shall be added where 30" existing drain pipe is being relocated. Plan shows a bend. 2. Relying on the ground absorbing the storm water runoff in the 25 year plan will not work. When the ground is frozen there is no absorption. Plan should provide for overflows. 3. Sewage pumping station shall have provisions for emergency portable pumps. 4. The controls to the pumping station shall be so located as to permit an generator to control pumps and observe the wet well at the same time. 5. The sewage pumping station specified requires a ventilating system which may result in odor problems. A station with a separate valve vault should be considered. 6. All utilities including sewage pumping station shall remain in private ownership. 7. Sewer pipe shall be bedded in 3/4 inch crushed stone. 8. Details of drainage over flow structure and grease trap must be submitted for review and approval. 9. City Water Department shall review and approve the water system layout. 4). GREEN TREE PARK, SHUNPIKE ROAD 1. On grading and site plan (SP1) Kimball Drive should read Shunpike Road. 2. Maintenance of the holding pond shall be the responsibility of the occupants or owners of lots not the City. 3. The developer shall erect the necessary stop and street name signs. 1 s 0 Memorandum - Planning August 7, 1987 Page 2 4) SUMMER WOODS, PATCHEN ROAD At the last meeting, 7/28/87, the Planning Commission required this applicant to build a City Street in a 50 foot r.o.w. and agreed to waive front yard setback requirements. Bill Szymanski's comments regarding the plan shall be shown on the plans prior to final plat approval with the exception of providing recreational facilities such as pools etc. Other: See Chief Gdddette's comments regarding fire truck access to units 41 - 46. 5) DORSET SQUARE ASSOCIATES 142 DORSET STREET This plan was reviewed last on 7/14/87. The Site Plan review was continued because the applicant had to complete a traffic study prior to approval. The traffic study was completed by Roger Dickinson at Fitzpatrick -Llewellyn (see enclosed letter) and reviewed by Craig Leiner. Craig's comments were as follows: 1. Roger Dickinson's traffic counts were conservative - he may have over estimated the actual trip ends and the level of service still did not exceed C. 2. Any impact that the new addition may have to Dorset Square or Corporate Way traffic is more than balanced by shutting the existing Earl's Schwinn driveway on Dorset Street. The status of the signal at Dorset Square/Dorset Street is still unknown. The AOT has not, yet made up their mind. Other: See Chief Goddette's comments. 6) GREEN TREE PARK, RIMBALL AVENUE, FINAL PLAT No changes have been made to the proposed 13 lot subdivision of a 29.46 acre parcel. The applicant has agreed to all of the approval stipulations made at preliminary plat except for the one stating that Gregory Drive must be brought up to City standards Prior to issuance of building permits. Green Tree Park requests that this stipulation be removed since they have no control over 2 Memorandum - Planning August 7, 1987 Page 3 the condition of Moose Gregory's road, nor are they a party to any agreement between the City and Mr. Gregory. The City is attempting to obtain a $15,000 bond from Mr. Gregory to insure that his road lasts in good condition for 5 years. When the City receives this bond they will accept the street as a City Street. According to Steve Stitzel this may be finalized within the next month. The only lots in the proposed Green Tree Subdivision that have frontage exclusively on the proposed Gregory Drive are lots 10 and 11. The Planning Commission should consider approving the subdivision but stipulate that lots 10 and 11 can not be built upon until Gregory Drive is accepted as a City street. Green Tree Drive and the planned cul-de-sac at its end shall be built to City standards. As I understand, when Moose Gregory's road is accepted and the applicant does build a through road, they will build the road to City standards all the way to Moose Gregory's existing cul-de- sac. Other: See Bill Szymanski's and Chief Goddette's comments. 7) F.H. ADAMS COMPANY, BURLINGTON INTERNATIONAL AIRPORT The applicant proposes to construct a new 9000 square foot building at the Burlington International Airport property. The trailers existing on the land will be taken away. Access: Access to the proposed building is shown via an existing 30' wide service road. Circulation: A 18 foot wide circulation drive is shown along the west side proposed building. along the shown. of the building. A 35 foot wide drive through the parking lot is shown along the south side of the See Chief Goddette's comments. An asphalt road running north of the building and turning into the west side is Parking: Proposed parking is sufficient. i spaces are required and 8 spaces are shown. Traffic: A intersection improvement fee of $40.00 (based on 4 new trip ends) must be paid to the City prior to permit. Landscaping: $8,440 worth of landscaping is required. $2,790 worth is proposed. If the flowering crab apples were a larger size, 3 1/2 - 4 inch caliper, and the ,yews were purchased at a 3 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: May 23, 1987 agenda items Date: May 8, 1987 2) GREEN TREE PARK, SHUNPIKE ROAD 1. Cul-de-sac paved width should be 24' minimum because there will probably be parking along the curb and 20' is toonarrow. 2. In order to minimize the impact ok surface runoff on properties to the north-west, a inlet should be placed at that location. 3. There should be a drainage swale along the east side property line to intercept flow toward the east. 4. The developer or subsequent owner should be responsible for maintaining the holding pond not the City. 5. The location of underground utilities, electricity, telephone, gas, and street lights should be shown. 6. Properties having frontage on Shunpike Road shall access from new road. 3) SHELBURNE PLASTICS, HARBOR VIEW ROAD. 1. There is no need to place hay bales for erosion control within the traveled way of Harbor View Road. 2. Plan is well done and is acceptable. 4) CAR WASH, SHELBURNE ROAD 1. Road opening on Harbor View Road shall be standard driveway opening with depressed concrete curb, not a street opening as shown on plan. 2. Details of grit and grease separators shall be forwarded to the City for review and approval prior to issuing a building permit. 3. The 90 degree drivewa.• curb shall be concentric (uniform in width) 4. Plan should_ have some dimensions at least the lot lines. PUBLIC 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, May 12, 1987 at 7:30 p.m. to consider the following: Preliminary plat application of Green Tree Park Inc- (formerly Invrest) for a 13 lot commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Reprographics of New England (Plan), Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering,' C Weems, A Currier, J. McQuide, A. Cot., R. Snyder, E. Fissette, M. Antonioli and P. Godard and on the south by Shunpike Road and is located at the northeast corner of Shunpike and Kimball Avenue. Copies of the application are available for public inspection'ot the South Burlington City Hall. Peter L. Jacob, Chairman, South Burlington Planning Commission A.ril 25, 1987 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION r The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Ruriington, Vermont on Tuesday, January S, 1988 at 7:30 P.M. to consider the following: Final plat application of Green Tree Park, Inc., for a 13 lot industrial -commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Re- prographics of New England, Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering, CWeems, A. Cur- rier, J. McQuid., A. Coto, R. Snyder, E. Fissete, W Antonioli, and P. Godard and on the south by Shunpike Rood and is located of the northeast corner of Shun- pike Road and Kimball Avenue. (Application repeated due to fail- ure to record plans). Copies of the application are available for public inspection at the South Burlington City Hall. Peter J. Jacob, Chuin,...,.. South Burlington Planning Commission December 19, 1987 Ir a .PUBLIC MAKING SOUTH BURLINGTON PLANNING COMMISSION The South. Burlington- Plam Hng Commission will hold apub Jk ._ gtoningtY ate,. Confess ce Burling C ,,',Room, 575 Dorset: Street, South Burlington, Varmonl. qn'-Tuesday, August., 11,1987,,at 7:30 P.M. to ';`sconsider the following: FmgI flat application of Green Tree Pork, Inc., lformerly,Irivrest) for o :13 lot commercial subdivi- sion on 29.46. acres:, Property is bounded ' on the north by W :,Szymanski, on : the 'east: by Re- prographics of , Now England lPlattl, Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern/ D. Lovering-, C. Weems, A. Currier, J. McQuide, A. Coto, R. Snyder, E. Fissette, M. Antonioli, and P, Godard, and an the south by Shunpike Road and islocated at. the north east corner of Shunpike: Road and . Kimball Avenue. Copies of 'the application - are' 'ovadbl ae frlr public inspection at ;5z c uth Burlington City Hall. Peterl-7ocob _,Chairman `- �South Burlington planning Commission July 25, 1987 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 11, 1987 agenda items Date August 7, 1987 4) SUMMER WOODS, PATCHEN ROAD 1. Twenty eight units will be using the street rights -of -way for their parking if this becomes a public street. This would result in serious problems for the City in maintenance of this street especially snow removal. All parking should be outside of the street rights -of -way. 2. Units 29 to 32 and 37 to 40 will have a front setback of only about 8 feet this is to close. A garage will have no setback. 6) GREEN TREE PARK, SHUNPIKE ROAD 1. Corrected updated plans shall be forwarded to the City Water Department. 2. An association of owners shall be formed with the responsibility for maintenance of the holding pond. This should not be the responsibility of the City. 7) FEDERAL EXPRESS BUILDING, INTERNATIONAL AIRPORT 1. Plans are poorly done. All information should be on one set of plans not separate odd size sheets. 2. Sewer system including grit and grease separator and pumping station shall not be designed by a registered engineer. 8) MOBIL OIL CORPORATION, 811 WILLISTON ROAD 1. The sidewalk on Williston Road should be shown on the plan. This has just been completed and shall not be disturbed. Curbs shall not go through the sidewalk as shown but taper to it. 2. I would recommend that the curb work shown be concrete not bituminous. 1 1 �outb Nurltngtnn Ntre Department • 575 Dorset street �§nutb Nurlingtun, lRermunt 05401 f MEMORANDUM T0. SO. BURLINGTON PLANNING COMMISSION FROM. CHIEF GODDETTE RE. TUESDAY AUGUST 11,1987 AGENDA ITEMS DATE AUGUST S,1987 1, Green Tree Park Shun -Pike Road At this time I do not see a problem for the fire department. A OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 2. F.H. Adams Co. Fedral Express Project. More Information is need on the water system and Hydrant location on this project. 3. Mobil Oil Corp. Williston Road I do not see a problem with This project for the fire department. Memorandum July 10, 1987 Page 5 this developer from Randy Munson for this access. existing Earl's Parkin The 10,731 square foot building (existing for addition) requires 72 parking sP Schwinn• Plus proposed aces are shown. 383 spaces are required retail use. 62 new sp 281 for the total 57,567 square feet retail storeenter lotaisofunder are shown. Although the existing shoppingout and utilized, some improvements could be made to lay landscaping. ro osed parking lot Circulation: Two curb cuts to access proposed from the improve circulation in the parking proposed addition entrance proposed lot is shown toroposed mad to Yin entrance at the rear of the and as well as into thThe pavement along the west and north of existing building. ulated. Earl's will be removed and grassed. This should be stip Zone 4. 186 maximum Trams- This parcel is in Traffic Overlay 9 acre lot (including re allowed for this r is 57,567. permitted trip ends a Earl's lot.) Total square footage for buildings data Limited I.T.E. a 449 trip ends would be to Lim According should be performed for this project generated. A traffic study to show that the new development will not have a negative impact on the level of service at the Dorset Street/Dorset Square A intersection and Corporate Way/Dorset Street intersection. completed for Dorset Square. This study could traffic study was comp be updated to include the impact of the proposed addition of the Earl's Schwinn lot. 7500.00 No landscaping is proposed on the plan. $ the Landscaping_ A landscaping plan showing worth of landscaping is required.shall be submitted required landscaping including large trees, prior to the meeting. based on 25 Other: A sewer allocation of 375 gallons/day paid prior to employees) shall be made ostda$2.50 per bond for closing the curb cut on allon permit. Mr. Brown must p the City See Bill amount Dorset ki'seet for and ChiefnGoddette'secided by comments. Szymans 7) OTHER BUSS 1, Review alternate access/circulation plan for Green Tree Park Park is requesting t subdivision. Green Tree rovaI thatt the Planning Commission remove the stipulation of their apP to Williston that if they plan to construct a through street raded to City Road, via Gregory Drive, Gregory Drive must be upg 5 Memorandum July 10, 1987 Page 6 Park could obtain a building permit. standards before Green Tree lace, the development is held up due to With this stipulation in P ty- See enclosed another developer's disagreement with the Ciand Bill Szymanski letters from Dick Trudell, Steve Stitzel, regarding this issue. Representatives from Green Tree Park have attempted to work with Moose Gregory to solve the issue. He has not cooperated. Green Tree Park now proposes to construct a cul de sac at the end of oad their proposed Gregory Drive instead oflfethispisgaccepted gbyrthe to Gregory Drive and Williston Road ro erty line must be deeded Commission, a 60 foot r.o.w. to the prop to the City. This is shown on the pl Craig Leiner's opinion was that if access off Shunpike Road was veloper, the Commission should accept the cul adequate for the dedreting any de sac. He wants to avridDrivecintersection- Henlt suggeststhata the Williston Road/Grego y r.o.w. should be for and efor future or emergency access construction of 't.hrough road when Gregory Drive is accepted as City standard street, and when Wilon isscorreton otedad is upgraded dfrom steep grade at that inter CCRPC wants a cul de sac for the Green Tree subdivision. 0 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Date: July 10, 1987 Re: Gregory Drive Road Construction In order to resolve the road construction issue with Mr. Gregory, on Gregory Drive, I would accept the following: 1. Place 2 inches of bituminous surface course instead of the one inch. 2. Furnish a $15,000 bond for a 5 year period to cover any failure of road that may occur during that period. I understand this proposal is acceptable to Mr. Gregory. . low 19e 7 helpful but, an easement would be necessary from Anne Byrnes and/or owner of the 32 Helen Avenue property. Circulation and arlki_nR have not changed and are ade.qua.t,e except, that Chief' Goddette prefers a wider aisle (30 feet) in the rear of the building. Landscaping: The plan exceeds the minimum requirement. It includes austri,an pine, crab and shrubs as well as existing landscaping. Other: The plans show small patio for a sitting area in the back .yard. Earlier stipulations concerning the location of utilties will still apply. 4 ) INVRES I'`, 200 SHUNPIKE ROAD INVREST proposes to subdivide a 29.6 acre parcel of land into 13 Industrial -Commercial lots. The property is located on the south- east corner of Shunpike Road. (See enclosed map.) The smallest lot is 1.1 acre. The largest is 3.7 acres. The minimum lot size is 40,000 square feet. A new road (60 foot right-of-way) serves these lots and connects to Gregory Drive. A second cul de sac will be constructed off of this through road. Large street trees should be planted along the public streets, 60 feet on center. Water services will be brought in from Shunpike Road and will connect to those on Gregory Drive. Sewer services will also tie in to Shunpike Road. A number of the lots abut the R4 District on Shunpike Road. A 65 foot rear and side yard building setback from these property lines is required. Extra screening may be required at site plan review. However, it may be preferable to require screening at this subdivision in order to have a consistent landscaping plan. The property also abuts Muddy Brook. The setback shall be 100 feet from the center line or 100 feet from a contour 8 feet from the low water mark, whichever is larger. Lots #1 and #13 should have their curb cuts on the extended Gregory Drive and not from Shunpike Road. , A 60 foot right-of-way should be shown for a future extension into the Szymanski property to the north which is also zoned Industrial -Commercial and has poor access to Williston Road. A1.3_ legal documents for streets, sewer and water lines should be prepared for the City Attorney's review, prior to Final Plat. New mylars for the relocated Gregory Drive extension must also be 3 ? , fie reco rdeci . Bill Szymanski. - wi 1-1_ not be commenting on these plans due t,o a conf -lict. of i.riterest. An independent engineer will review the plans at. a later date. 5. GOLDBERG, 6 LIME ROCK ROAD Enclosed is a letter from Mr. and Mrs. Goldberg requesting a six month extension to the site plan approval granted in August. There is no problem with this extension. All previous stipulations should remain. n M E M O R A N D U M To: South Burlington Planning Commission _R> 40_� From: Jane B. Lafleur, City Planner Kathryn Perkins, Acting Planner Re: May 12, 1987 agenda items Date: May 8, 1987 2) GREEN TREE PAR(FORMERLY INVREST) 200 SHUNPIKE ROAD (Northeast corner of Kimball Avenue and Shunpike Road) Green Tree Park proposes to subdivide 29.6 acre parcel of land into 13 industrial -commercial lots located on the former Willis land. The smallest lot is 1.1 acre; the largest'is 3.7 acres. The subdivision will use public streets, water, and sewer services. Setbacks: A 65 foot rear and side yard building setback is required from the property lines abutting the R4 district and 100 foot setback from the center line of Muddy Brook or 100 feet from a contour 8 feet from the low water mark, whichever is larger. The final plat should show building envelopes that meet all the required setbacks. extended Gregory Drive and not from Shunpike Road. The Planning pfc)uct Commission should consider designating curb cuts in advance since W;tU-j" no building permits will be issued until streets are in place. Landscaping: The applicant has suggested that individual lot owners on the western edge of the property abutting the R4 neighborhood should screen buildings, parking and utilities as needed with "low plantings" between clumps of Austrian pines. The pines are to be planted by the developer. There is a 4 foot berm above the existing grade proposed for this western side for the purpose of screening. The pines are located on top of this berm. The low plantings should be a subdivision requirement and be the responsibility of the developer in order to create a �}p►' consistent landscaping plan along the western edge. The low 1�4 plantings should be 3'-4' shrubs, similar to those proposed along the front of the property. The total proposed landscaping cost is approximately $18,500 plus whatever is needed for the additional shrubs. Street trees are approximately $7750 of this cost. A bond amount will. be set at Final Plat. Sidewalks: The Commission should discuss whether sidewalks should be required on one side (at a minimum) of this subdivision. We have already required developers to construct sidewalks along Kimball Avenue. Given the growth in this area and in Williston, a bus route may be a strong possibility. Sidewalks would be an important safety feature. Pedestrian Trail: There is a pedestrian trail proposed along the Muddy Brook property line. This easement must be deeded to the City. _NvC_L<_ wi CJL��u+n&y c d .' _IV'r,� TC"Y. _ Le - Sewer allocation: A sewer allocation of 400 gallons per day per lot (5200 gpd total) can be reserved for these lots from the future capacity at the expanded treatment plant. No permits will be issued until capacity is available. Each lot will receive an allocation from the total and will be obligated to pay the $2.50 per gallon fee. Legals: All legal documents for streets, pedestrian trails, water and sewer lines should be prepared for the City Attorney's review, prior to Final plat. New mylars for the relocated Greg- ory Drive extension must also be recorded. It should be this applicant's obligation to pay for and construct the connection to Gregory Drive. A new street name for the cul de sac street should be submitted at Final Plat. Other: See Bill Szymanski's comments. �c 3) IRWIN WALLMAN, SHELBURNE PLASTICS, 8 HARBOR VIEW ROAD Mr. Wallman proposes to construct a 2 story, 9,750 square foot addition to the south end of the existing Shelburne Plastics Building. A 24' x 26' existing truck storage building will be demolished to make room for the new building. There will be five additional employees on each of two shifts as a result of the addition. The property is zoned C-2. This addition received Zoning Board of Adjustment approval on April 27, 1987. (see minutes) Access: Access is shown from an existing 24 foot wide driveway off Harbor View Road. Circulation: There will be no change to the circulation pattern. Parking: Three additional parking spaces are required for the addition if the use is considered light manufacturing. This addition would make a total of 19 employees; thus the whole building (including addition) would require 12 spaces plus one for every company -related truck. Twelve spaces are shown plus 5 loading docks. Parking is sufficient. Landscaping: An additional $4500.00 worth of landscaping is required for the addition. No new landscaping is shown. (The applicant told the Zoning Board that he was planning on putting more plantings in the front). A landscaping plan is expected prior to the meeting. Traffic: This is not in a traffic overlay zone and this addition should only create 5 new tripends as a result of the new employees. 2 M E M O R A N D U M To: Webster -Martin From: William J. Szymanski, City Manager Date: May 5, 1987 GREENTREE PARK, SHUNPIKE ROAD 1) Cul-de-sac paved. width should be 24' minimum because there will probably be parking along the curb and 20' is to narrow. 2) In order to minimize the impact of surface runoff on properties to the north-west, a inlet should be placed at that location. 3) There should be a drainage swale along the east side property line to intercept flow toward the east. 4) The developer should be responsible for maintaining the holding pond not the City. 5) The location of underground utilities, electricity, telephone, gas, and street lights should be shown. 6) Properties having frontage on Shunpike Road shall access from new road. AGO �� Jl rJbS ME M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: February 10, 1987 agenda items Date: February 6, 1.987 2 COMMERCE SQUARE, WILLISTON ROAD 1. There should be a uniform curb around the Hinesburg Road - Williston Road intersection for entrance to the shopping center. 2. Sidewalk along Hinesburg Road should be setback at least 5 feet from the curb to allow for the storage of snow. 3. The Midas road should include concrete curbs. 4. Easements shall be deeded to the City (10, x 101) for existing hydrants along Williston Road. 5. All curbs including inside the parking lot shall be cast in place concrete, not asphalt or precast concrete. 6. Existing trees shall be saved and replanted. 7. Storm drain outlet pipes shall include headwalls. 8. Developer should anticipate losing all the parking spaces in front of the Bolton block when Williston Road is widened. 9. Storm drain pipe shall be concrete and plastic. 10. I would recommend the existing 6 inch sewer pipe be used to serve the expanded building. Mainly due to the difficult construction in Hinesburg Road. 4) INVREST, SHUNPIKE ROAD An independent engineer will review this at a later date. 1 PLANNER 658-7955 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 054(,` September 9, 1988 ZONING ADMINISTRATOR 658-7958 Ken Desmond Green Tree Park, Inc. 123 Industrial Avenue Williston, Vermont 05495 Re: Lot #6, Green Tree Park Dear Mr. Desmond: Enclosed are the August 17, 1988 Planning Commission meeting minutes. Please call if you have any questions. Sincerely, Joe Weith,. City Planner JW/mcp 1 Encl THE DAVIS COMPANY 431 PINE STREET, BURLINGTON, VERMONT 05401, (802) 658-7440 Green Tree Park Lot # 2 Lot Size: 3.71 Acres - 161,607 Square Feet Building Coverage Allowed: 30% - 48,482 Square Feet Total Lot Coverage Allowed: 70% - 113,124 Square Feet Potential Development Building: 115' x 175', 20,000 SF per floor, 3 story, 60,000 total SF, 12% building coverage. Parking: 1 space per 250 SF of building, 240 parking spaces. Each space requires approximately 300 SF of coverage or 72,000 SF. 44% parking coverage. Sidewalks: 5,000 SF coverage. 12% Building Coverage 44% Parking Coverage 3% Sidewalk Coverage 59% Total Lot Coverage City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 21, 1988 Ken Desmond • 123 Industrial Avenue Williston, Vermont 05495 Re: Lot #6, Green Tree Park Drive Dear Mr. Desmond: ZONING ADMINISTRATOR 658-7958 Enclosed are the July 12, 1988 Planning Commission meeting minutes. Please call if ,you have any questions. Sincerely, vJoe Weith, City Planner JW/mcp 1 Encl ID �Ve � CITY OF SOUTH URLRX7ION''�n5 dcadllin�- .C(C�I Subdivision Application - FINAL PLAT 1) Name of Applicant Green Tree Park Inc. 2) Name of Subdivision Green Tree Park 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: none 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: none 5) Submit four copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit tto draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. (S gnature) applicant or contact person Date CITY OF SOUM BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant Green Tree Park Inc. 2) Name of Subdivision Green Tree Park 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: non 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: none 5) Submit four copies of a final set of plans consisting of a final plat plus engineering drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. July 20, 1987 (Signature) applicant or contact person Date ,1 CITY OF SOUT;: BURLIi,�GTUN Subdivision Application - PRELIt.:INAiiY PLAT 1) Name of Applicant Green Tree Park Inc. 2) Name of Subdivisior Green Tree Park 3) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, include gross floor area if Comm- ercial.) 13 lot commercial/industrial subdivision of 29.46 acres parcel. 4) Indicate any changes to name, address, or phone number of owner of record,applicant, or contact person since sketch plan application: Sketck plan was submitted under the name of 5. Name, address, and phone number of: �%Lk• a. Engineer Trudell Consulting Engineers, Inc., 14 Blair Park Rd., P.O. Box.308t Williston, VT 05495 879-6331 1 IjY��llbt to b. Surveyor Trudell Consulting Engineers, Inc.- 5 q ---- c. Attor.nev Paul Frank and Collins, One Church Street, Burlington, VT. 05402 658-2311 �. Plnt Designer Trudell Consulting Engineers, Inc. 6) Indicate anv changes to the subdivision such as numb.=r of lots or units, property lines, applicant's legal interest in the property, etc., since:- this proposal was last before the Commission: Change in filing name from Invrest to Green Tree Park Inc. 7) List names and mailing addresses of owners of record of all coat igous properties: See attached list 8) State title, drawing number, date of origi�;;l plus any revisions, and designer(s) of the preliminary map(s) accompanying this appli- cation: Green Tree Park April 15, 1987 Sheets through prepared by Trudell Consulting Engineers, Inc. a) attach a preliminary map showing the following information: 1) Proposed subdivision name or identifying title and the name of the city. 2) Name and address of owner of record, subdivider and designer of Preliminary Plat. 3) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 4) The names of all subdivisions imLiediately adjacent anc the names of owners of record of adjacent acreage. 5) The location and size of any existing sewers and rater mains, culverts and rains on the property or serving the property to be subdivided. 6) Location, names and widths of existing, and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks -3- and other public or privately maintained op�:n spaces as well as similar facts regarein�� adjacent property. 7) Contour lines at intervals of five feet, based on Unites States Geological Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. 8) Complete survey of subdivision trE.ct by a licensed land surveyor. 9) Numerical and graphic scal,2, crate and true north arrow. 10) Details of proposed connection with existing water supply or alternative mans of providing water supply to the proposed subdivision. 11) Details of proposed connection with the existing sanitary sewage disposal system or adequate provision for on -site disposal of septic wastes. 12) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface foil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage plan. 14) Preliminary designs of any bridges or culv-�rts which ;%lay be required. 15) The location of temporary marke-rs adequate to ennblt� the Con-Assion to locate readily and appraise the basic lay- out in the field. Unless an existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. 16) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 10) Developmental timetable (including number of phases, and start and completion dates) One phase beginning construction summer 1987, complete fall 1987. 11) List the waivers applicant desires from the requirements of these regulations: None _ _ 12) Attach a vicinity map showing the rollo-aing: _ 1) All existing subdivisions, ap)roximate tract lines and acreage of adjacent parcels, together with the names of the record o?•rnars of all adjacent parcels of land, namely, those directly abutting or directly across any street. ad- joining the propos-(f subdivision. 2) Locations, widths and names of existingjfilad or proposed streets, curb cuts, easements, building lines and all,.-;rs pertaining to the proposed subdivision and to th,� adjacent properties as dasianatea in paracroph 1 above. 3) outline o-: the platted area together aith its street system -end 3n ii1dication of the future probable street syste-,, of the remaining portion of the tract, if the Preliminary Plat su iittec covers onl1, part of t.'z, divider's entire holding. (sig(];tur4'&X� appiicor contact person NAMES OF ABUTTERS FOR GREEN TREE PARK 1. Paul Gogard, 4 Shunpike Road, So. Burlington, Vt. 05403 2. Mary Antonioli, 6 Shunpike Road, So. Burlington, Vt. 05403 3. Edward Fisette, 10 Shunpike Road, So. Burlington, Vt. 05403 4. Robert Snyder, 14 Shunpike Road, So. Burlington, Vt. 05403 5. Archie Cota, Shunpike Road, So. Burlington, Vt. 05403 6. James McQuide, 74A Shunpike Road, So. Burlington, Vt. 05403 7. Allen Currier, 74B Shunpike Road, So. Burlington, Vt. 05403 8. R. Pepperman, Shunpike Road, So. Burlington, Vt. 05403 9. Dorothy Lovering, 84 Shunpike Road, So. Burlington, Vt. 05403 10. John Ahern, Shunpike Road, So. Burlington, Vt. 05403 11. William Szymanski, 4017 Williston Road, So. Burlington, Vt. 05403 12. Reprographics of NE, Inc., 4050 Williston Rd., So. Burlington, Vt. 05403 13. Marquis Brothers Foundations, Inc., 4050 Williston Rd., So. Burlington, Vt. 05403 14. G.W. Gregory, Nob Hill, Williston, Vt. 05495 15. Arthur Rock, Shunpike Road, So. Burlington, Vt. 05403 16. Digital Equipment Corp., 115 Kimball Ave., So. Burlington, Vt. 05403 17. Richard Willis, Richmond, Vt. 05477 18. Wallace Bowes, 251 Shunpike Rd., So. Burlington, Vt. 05403 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record b. Applicant Invrest Village Square Suite 135 455 Penns vania Ave. Fort Washington, Pennsylvania 19034 Same as above c. Contact person _ Dick Trudell, Trudell Consulting Engineers, Inc. 14 Blair Park Road, Williston, VT 05495_--_. 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Subdivision of industrial/commercial property into 15 lots with a connecting road to Gregory Drive Lot line changes in Gregory and Daughter's Industrial Park. 3) Applicant's legal interest in the property (fee simple, option, etc) Fee simple 4) Names of owners of record of all contiguous properties See sketch plan 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Green Mountain Power Corporation R.O.W. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. New road connecting to Gregory Drive, extension of water and sewer mains, storm drainage 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: NIA 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Si ature) app icant or contact person / Z! /'�O_ 7 da to PUBLIC 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, May 12, 1987 at 7:30 p.m. to consider the following: Preliminary plat application of Green Tree Park Inc. (formerly Invrest) for a 13 lot commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Reprographics of New England (Platt), Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering, C. Weems, A. Currier, J. McQuide, A. Cota, R. Snyder, E. Fissette, M. Antonioli and P. Godard and on the south by Shunpike Road and is located at the northeast corner of Shunpike Road and Kimball Avenue Copies of the application are available for public inspection at the South Burlington City Hall. Peter L. Jacob, Chairman, South Burlington Planning Commission i 1 PUBLIC 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, August 11, 1987 at 7:30 P.M. to consider the following: Preliminary plat application of Green Tree Park, Inc., (formerly Invrest) for a 13 lot commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Reprographics of New England (Platt), Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering, C. Weems, A. Currier, J. McQuide, A. Cota, R. Snyder, E. Fissette, M. Antonioli and P. Godard and on the south by Shunpike Road and is located at the northeast corner of Shunpike Road and Kimball Avenue. Copies of the application are available for public inspection at the South Burlington City Hall. Peter L. Jacob, Chairman, South Burlington Planning Commission 1 PLANNING COMMISSION 12 JULY 1988 PAGE 2 Mr. Weith asked about sewer allocation fees. Stipulation 8 of the Belter subdivision says Mr. Belter is required to pay for the total sewer fees before Mr. Miller gets his permit. Mr. Belter noted Mrs. Lafleur had said he could pay on a per lot basis as each lot came in because he could not know the size of the building until something is approved for a lot. Ms. Peacock moved the Planning Commission approve the site plan application of Timothy Miller for construction of a 9,900 sq. ft. building for mixed commercial/industrial uses on lot #30 of the Ethan Allen Farms Industrial subdivision as depicted on a plan entitled "Proposed 9,900 sq. ft. Specula- tive Building lot 30" prepared �2y R.E.M. Development Company, dated 5/25/88 (revised 7788) with the following stipulations: 1. A $5,300 landscaping bond shall be posted prior to permit. 2. If the building is used as a garage, any floor drains shall be connected to a grit and grease trap. 3. Surface drainage shall be toward the swale to the south. 4. An $880 traffic impact fee shall be paid prior to permit. 5. A sewer allocation fee of $1125 shall be paid prior to permit. This includes a sewer allocation of 450 gpd. 6. The intersection improvements outlined in the letter of 9/3/87 from Jane Lafleur to John Belter shall be completed prior to permit. 7. The building permit shall be obtained within 6 months or this approval is null and void. Mr. Burgess seconded. Motion passed unanimously. Mr. Belter resumed his seat on the Commission. 3. Site plan application of Ken Desmond for construction of a 14,087 sq. ft. building for mixed office/warehouse use, lot #6, Green Tree Park Drive Mr. Desmond said he will move one business from Williston and rent part. He eventually hopes to have the building just for his business. The Zoning Board has granted a multiple use approval. He described the building as "upscale" level of architecture, with no metal fabricated buildings allowed in the park. There will be an overhang across the whole front with crushed PLANNING COMMISSION 12 JULY 1988 PAGE 3 stone below it. There will be 3 loading docks in the rear but he didn't expect much truck traffic other than UPS de- liveries. They will allow for a 5 ft. snow storage area and will adjust to 24 foot aisles between parking spaces. 13 parking spaces are required; they have shown 24. Mr. Weith said he had calculated parking for warehouse use. Mr. Burgess suggested recalculating based on both office and warehouse use. Mr. Desmond estimated about 3,000 sq. ft. maximum for office use. He asked if employees can park across the back where about 7 or 8 vehicles can be accommodated. Mr. Belter questioned paving the whole back area and having 3 loading docks if they won't have truck traffic. Mr. Desmond said they need the turning radius even for one truck. Members said they wanted to see the correct number of parking spaces laid out on the plan. Mr. Weith noted a condition of approval of the final plat for subdivision required the developer to put in some street trees and other landscaping. This building requires an additional $13,000, but the applicant has shown only the landscaping required on the subdivision approval, not the $13,000 required for his use. Mr. Desmond said they have spectacular views which they don't want to block with trees. Mrs. Maher suggested fewer but larger caliper trees. The Commission asked Mr. Weith to look at the site and give an opinion as to where landscaping should be placed. Mrs. Maher questioned the drainage retention basin mentioned by the City Engineer. Mr. Weith said the concern is that water will run toward the lot line instead of to the southeast. Mr. Desmond said he hadn't had a chance to talk with Mr. Szymanski on this yet. He felt they meet State requirements of allowing no more than 10% of runoff to go off the property. Mr. Craig suggested a berm across the tractor trailer area. Mr. Desmond said it is very heavily wooded and you can't see the houses. If the berm were built up too high, there would be too much slope to take care of. Ms. Pugh asked that the Natural Resources Trail be located on the plan. Mrs. Maher moved to continue discussion until the next available meeting Mr. Belter seconded. Motion passed unanimously. 4. Final Plat application of John H. Belter for a 36-lot single family subdivision on 14.68 acres called White Rock Point located north of Country Club Estates Mr. Belter stepped down during this discussion. Mr. Llewellyn said there will be only one cross street. The road will end in a cul de sac. The development will be served by a gravity sewer system that will hook on to the new PLANNING COMMISSION /-L MAY 1987 The South Burlington Planning Commission held a meeting on Tuesday, 12 May 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present Peter Jacob, Chairman; William Burgess, Mary -Barbara Maher, Judy Hurd, John Belter, Catherine Peacock, Member Absent John Dooley Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; Kit Perkins, City of South Burlington; Dick Trudell, Trudell Consulting Engineers; Tom Travares, Jim McQuade, Pat Vautier, John Ahern, Dorothy A. Lovering, Connie Weems, Irwin Wallman; Christopher D'Elia, Steve Bushey & Co.; Al Reyes, Hoyt Gahagan, Gary Farrell, Nancy Fisette,Joyce Snyder, Bob Snyder, Walt Luchini, Peter Taylor, Molly Lambert, Hal Bensen, Gary Lavign, WLA; P. Anthony Blake, Coburn & Feeley; James Lamphere, WLA. 1 Minutes of April 21, 1987 and April 28, 1987. Mrs Maher moved that the minutes of April 21 be accepted. Mrs. Peacock seconded. Mrs. Hurd requested that under "also present" Mrs. Lafleur's name should be added. All voted in favor. Mrs Maher moved that the minutes of April 22 be accepted as printed. Mrs. Hurd seconded and all voted in favor. Mr. Jacob noted that Kit Perkins who will be acting City Planner during Mrs. Lafleur's leave of absence was sitting with the Commission this evening. 2 PUBLIC HEARING• Preliminary Plat application of Green Tree Park formerly Invrest) for the subdivision of 29.46 acres into 13 industrial commercial lots located at the northeast corner of Kimball Avenue and Shunpike Road. Mr. Trudell spoke for the applicant. He said that the entrance to the park will be across from the eastern entrance to Digital on Shunpike Rd. (the extension of Kimball Ave.). The road will continue until it meets with Gregory Drive and continue out to Williston Road. Ile pointed out were water and sewer would come in from Shunpike Road. PLANNING COMMISSION 12 MAY 1987 PAGE 2 Mr. Trudell said that berms would be planted between the homes on Shunpike Road and this development. On the berms would be trees planted by the developer and low plantings put in by the lot owners. Mr. Trudell said that the covenants for the park would cover locations of buildings. The lights would be downward pointing luminars. They also would be looking for earth tone buildings in the park. Mr. Jacob asked for clarification of where the water main was coming from. Mr. Trudell pointed the location out on the map. Mrs. Maher asked for clarification of the covenants for the park. Mr. Trudell said that there would be an architectural control committee that had to give approval before the applicant could go to any other board. Mrs. Maher asked Mrs. Lafleur if she was satisfied with the location of all driveways. Mrs. Lafleur said that there was room for all curb cuts. She suggested that there be no curb cuts on Shunpike Road. She also suggested that the curb cuts be designated on the map. Mr. Trudell said that he had a problem with that as he had done that in the past and they often as not end up tearing them up. Mr. Jacob said that he would be satisfied to just specify that there be no curb cuts off Shunpike Road. Mrs. Hurd noted that there was no truck traffic allowed on Shunpike Road. She felt that this development would relieve some of the traffic that does use Shunpike Road. Mr. Belter agreed. Mr. Jacob suggested that the signs prohibiting trucks should be updated and that the police could be notified to enforce the ordinance. Mrs. Lafleur asked about sidewalks. She said that this area has a great potential for a new bus route and that the commission should consider sidewalks at least on one side of the roads. She pointed out that there is also a 60 foot right of way on the northern side of this development leading to the 4 acres of industrial land owned by Bill Szymanski. Mrs. Fisette from Shunpike Road said that she was very concerned about the traffic from this development. She said that the only trucks that do not use the street are the trucks from Digital. She said that Allied trucks from further down Shunpike Road often used it. She was afraid that there would be more trucks from this development. Mr. Belter felt that this development would relieve some of the traffic. Mrs. Lafleur said that she again would speak to the police chief. A resident of Shunpike Road asked how high the berms would be. Mr. Trudell said that they would vary from 8 to IS feet. tie also noted that the land was going to be lowered in the development. Mrs. Fisette asked how high these buildings could be. Mrs. Lafleur explained the height restrictions in the zoning ordinance. Mr. Schneider suggested that the land could be rezoned for residential. Mr. Jacob explained that the zoning was in place. Mrs. Fisette asked how this development would effect water drainage in the area. Mr. Trudell explained the drainage plan and said that he felt drainage for the neighbors would be better. Mrs. Lafleur said that the city engineer had recommended a drain pipe on the northern part of the property. Mr. Trudell said that he felt that area could be taken care of with grading. Mrs. Lafleur said that he would have to work it out with Mr. Szymanski. PLANNING COMMISSION 12 MAY 1987 PAGE 3 Mrs. Lafleur noted that Mr. Szymanski also recommended a swale along the eastern property line. Mr. Trudell said that they would work that out. Mrs. Hurd told Mr. Trudell that she would prefer that the developer do_,. ---` all the plantings on the berms at the beginning and not leave the low plantings up to the lot developers. Most commissioners agreed. A neighbor asked for further explanation of the plantings on top of the berms. Mr. Trudell explained the landscaping plan with Austrian Pines and other low plantings that had not been decided on yet. The interior street trees would be ash. A neighbor asked if'the commission could do anything about the car traffic this development would generate on Shunpike Road. Mr. Jacob said that they could not stop car traffic from using the road. Fie noted that cars would have many more ways to get to Williston Road. Mr. Trudell said that he felt more people heading from Essex to Hinesburg Road would use Gregory Drive. Mrs. Fisette noted that the Williston Road access to Gregory Drive was on a blind hill and she doubted if many people would use it. Mr. Trudell said that the Agency of Transportation had told the developer that he had to put in a new lane on Williston Road going down the hill toward Williston. Mrs. Lafleur said that she felt that the commission had already requested that from Mr. Gregory when he got his approval. Mr. Trudell said that he did not know what Mr. Gregory was asked to do but he would check into what was required of him. A neighbor asked for clarification of the entrance on Shunpike Road. It was explained that Shunpike Road curved and there is some confusion because the road is actually an extension of Kimball Ave. Mrs. Lafleur said that she had spoken to Mr. Szymanski about renaming this section Kimball Ave. Mr. Szymanski said that he was concerned because the road is still named Shunpike when it gets goes over the town line into Williston. A neighbor said he was still concerned about the traffic and he wondered if they could make a law that would prohibit traffic from these companies the way that Digital is now. Mrs. Hurd pointed out that there is no law requiring Digital not to use the road. It is a courtesy agreement from Digital. Mrs. Fisette asked if speed bumps could be installed. Mr. Jacob said that the neighbors could ask the City Council to do that but that the Planning Commission could not require those. A neighbor asked what the time frame was. Mr. Trudell said that he would guess that there would be a five year build out time. Mr. Jacob said that he didn't think that they would get through the permit process and get sewer capacity before next spring. M6. Lafleur pointed out that a pedestrian trail had to be shown on the map. Mrs. Lafleur noted that Act 250 put stipulations on the Gregory Drive development that the level of service at certain intersections had to stay at level of service "c" and she imagined that they would put the same stipulations on this developer. Mr. Trudell asked for clarification on where the sidewalks would be. He said his understanding is that the sidewalks would only be on his property and not on the Gregory Drive section on Mr. Gregory's land. The commission agreed. PLANNING COMMISSION 12 MAY 1987 PAGE 4 e Vrmont ,prepared by Trudell Consulting Engineers, Inc., page one dated 3-16-87 with the following stipulations: 1. The final plat shall show building envelopes that meet all the required T set backs. 2 Prior to final plat, the applicant shall submit a revised landscaping plan showing a buffer between the austrian pines on the western boundary to provide a consistent landscaping buffer to the R4 District. A landscaping bond for $18,500 plus the cost of additional plantings required along the western edge shall be posted prior to construction. 3 Concrete sidewalks shall be required on one side of Gregory Drive, Green Tree Drive. and Shunpike Road (extension) frontage. 4 A 15 foot wide strip of land along the Muddy Brook property line shall be deeded to the City fora pedestrian trail easement. Its location shall be approved by the Natural Resources Committee and shown on the final plat. A sewer allocation of 400 gallons -- l- t o h o l 1 h n r P C P r u p H lot will receive an allocation from the total and .. Tn rn __ __11__ r T.T., 1...4lA;--. ..-rmi}-c ,.,iII be issued until capacity is available from the upgraded Airport Farkway Plant. 6 All legal documents for streets, pedestrian trails, water, and sewer lines should be prepared for the City attorney's review, prior to Final Plat. 7 New mylars for the relocated Gregory Drive extension shall be submitted at final plat and recorded It shall be this applicant's obligation to pay for and construct the connection to Gregory Drive. 8 No building permits will be issued before the through road is constructed to Gregory Drive No building permits will be issued until road access is available to each lot. 9 The cul-de-sac paved width shall be 24 feet minimum to -allow for parking. 10 An inlet shall be placed in the northwest corner of the property to minimize surface runoff on to abutting properties. PLANNING COMMISSION 12 MAY 1987 PAGE 5 11. city east. The plans shall show a drainage swale (or other means acceptable to the en¢ineer) along the east side property line to intercept flows to the 12 The developer or subsequent owners shall be responsible for maintenance of the holding pond. 13 The plans shall show the location of underground utilities, electricity, telephone „gas and street lights. 14 There shall be no direct access to Shunpike Road from individual lots. Access shall be from the new road only. 15 The final plat shall be submitted within 12 months or this approval is null and void. Mrs. Peacock seconded. In the discussion that followed Mrs. Hurd requested clarification that the sidewalk in stipulation 4 was on the section of Shunpike Road in front of this development (the commercial section) and not the residential section of Shunpike Road. Mrs. Hurd asked where the holding pond in #13 was situated. Mr. Trudell said that it is being built on Mr. Gregory's property. Mr. Trudell asked for clarification of #9. The commission felt that the road on the northern part (Green Tree Drive) did not have to be built before the Gregory Drive lots could be developed. Mr. Burgess said that he wanted no misunderstanding at Final Plat that he wants the entire Gregory Drive accepted by the city before any buildings could be built. Mr. Burgess moved to amend the motion to add the following stipulation #lb. Mrs. Maher seconded. 16 This development is contingent on the cities acceptance of Gregory Drive as a city street from Williston Road to the Gregory Drive cul-de-sac. All voted in favor of the amendment. All voted in favor of the motion. 3 Site plan application of Irwin Wallman for construction of a 2 story addition (9750) square feet) to the existing Shelburne Plastics Building, lot #4. 8 Harbor View Road. PLANNING COMMISSION 11 AUGUST 1987 PAGE 6 5. A landscaping plan showing $7500. worth of landscaping (including large trees) shall be submitted to and approved the City Planner rp for to it. A landscaping bond for $7500. shall be op sted prior to permit. 6. A sewer allocation of 375 gpd shall be made and a $2.50 per gallon fee paid rp for to permit. 7. The applicant shall post a bond for closing the curb cut on Dorset Street for an amount determined �y the City. 8. The bilding permit shall be obtained within 6 months or this approval is null and void. Mrs. Maher seconded. Motion passed 4-0 with Ms. Pugh ab- staining. 6. Final plat applicationof Green Tree Park for a 13-lot industrial subdivision on 29.46 acres at the northeast corner of Shunpike Rd. and Kimball Ave. Mr. Trudell advised that the the District Commission there was a request that there not be a through road. There were also problems with the owner of the adjacent property. A cul de sac was requested but was turned down by the Planning Com- mission. Since that time, problems have been ironed out, and Mr. Gregory is now a co -applicant. Mr. Trudell requested that the stipulation requiring the upgrade of Mr. Gregory's road be removed as this applicant has no control over Mr. Gregory or his road. Ms. Perkins advised the City is trying to have Mr. Gregory put 2" more pavement on the road and post a $15,000, 2-year bond. The City Attorney said it could be as much as a month before this is accomplished. Members agreed they wanted to connect the road to Gregory Drive and that they couldn't hold this developer "hostage" because of the problems with Gregory Drive. Mr. Trudell briefly reviewed the project. The road will be directly opposite the Digital access. Water and sewer will be from Shunpike Rd. and will connect to water on Gregory Drive. A landscaping berm will be created as a buffer to the residential property. Plantings will also help with this. Mr. McQuide, a resident of Shunpike Rd., asked if there is a chance Gregory Drive will never become a city street and Mr. Gregory will deny use of the road to traffic from this de- velopment. Mr. Trudell said that Gregory is now a co -appli- cant, and the agreement with him is non -revocable. Mrs. Hurd moved that the Planning Commission approve the ap- plication of Green Tree Park, Inc, for a 13 lot industrial PLANNING COMMISSION 11 AUGUST 1987 PAGE 7 subdivision on 29.46 acres at the northeast corner of Kimball Avenue and Shunpike Road as depicted on a set of plans, page 1 entitled "Subdivision Plat of Green Tree Park, Shunpike Road," prepared ]2y Trudell Consulting Engineers, Inc, dated March 16, 1987, last revised July 19, 1987 with the following stipulations: 1. Updated plans shall be forwarded to the City Water Depart- ment for approval prior to permit. 2. An association of -owners shall be responsible for main- tenance of the holding pond. 3. Green Tree Park shall build a through road to City standards to Mr. Gregory's existing cul-de-sac designed with the new r.o.w. proposed 12y Green Tree Park as depicted on a plan entitled "Final Plan, Gregory & Daughters Industrial Park" prepared 12y Krebs & Lansing Engineers, dated February 1986, last revised June 16, 1987. 4. A sewer allocation of 5200 gad shall be made and a $2.50 per gallon fee must be paid Prior to permit. 5. A landscaping bond for an amount determined 12y the City -Planner for the cost of planting shall be posted prior to permit. 6. The final plans shall be recorded with the City Clerk within 90 days or this approval is null and void. The plans must be submitted to and approved 12y the City Planner and signed �2y the Chairman of the Planning Commission prior to permit. Mrs. Maher seconded. Motion passed 4-0, Ms. Pugh abstainin --6-. Site plan application of F.H. Adams & Co. to construct a one story, 9,000 sq. ft. building for aircraft maintenance support facility at the Burlington International Airport Troy Gladwell advised the building will be on the runway side of the existing road, where the Federal Express plane is. It will be a pre-fab metal building, containing 1100 sq. ft. of office space. There will be an additional access road, 24 ft wide on the north side. 60 feet of fence will be removed for this. There will be 8 parking spaces. Two gates will keep the public off the runway. An engineer is being employed to design the septic system. A pumping station will probably be required to allow joining with the existing system. The building will have 4 overhead doors and will be 22 ft, 6 in. to the peak of the building. PLANNING COMMISSION 10 FEBRUARY 1987 PAGE 5 10. The Hinesburg Rd. entrance drive shall be redesigned to line up with the main aisle of the parking lot and not be off center. 11. The revision to the Hinesburg Road sidewalk at the corner of Williston Rd. shall be reviewed by the Planning Commission prior to permit. 12. All curbs including inside the parking lot, shall be cast in place concrete, not asphalt or precast concrete. 13. Storm drain pipes shall be concrete and plastic. Storm - drain outlet pipes shall include headwalls. 14. A 6-inch sewer pipe shall be used to serve the expanded shopping center due to the difficult construction on Hines- burg Rd. 15. Fire hydrant easements (10 feet x 10 feet) shall be deeded to the City for existing hydrants along Williston Rd. 16. Revised plans reflecting the above changes shall be approved bv the Planner prior to recording. 17. It is the applicant's responsibility to record the final plat with the City Clerk within 90 days or this approval is null and void. It shall be approved by the Planner and signed by the Chairman or Clerk of the Commission prior to recording. 18. The building permit shall be obtained within 3 years or this approval is null and void Mr. Belter seconded the motion. Mrs. Maher moved to amend the motion to include the following stipulation: If and when all the stores in the Bolton block are re -oriented with access on the reverse side, the developer shall return to the Planning Commission for discussion of closing the westerly ingress to the Bolton block stores. Mr. Burgess seconded the motion to amend. In the votes which followed, both the amendment and the motion passed unanimously. 3. Sketch plan application of Invrest for subdivision of 29.6 acres into 13 industrial -commercial lots located on the former Willis land, 200 Shunpike Rd. PLANNING COMMISSION 10 FEBRUARY 1987 PAGE 6 The applicant noted they have come to an agreement to move the road from the original easement. There is a deep sewer on Shunpike Rd. which they will connect to. Three lots will need small pumps to join into the system. They have been negotiating with the power company and will move the road to comply with their power pole location. Mrs. Maher raised a question about the shape of lot #3. Mrs. Lafleur suggested putting the curg cut on the cul de sac side of the road. She also noted they can request a 15-foot buffer strip between the development and the residential area adjacent to it. Mr. Desmond said they are hoping for some office buildings and small plants, perhaps some warehousing. Mr. Belter asked the status of Gregory Drive.Itetwas noted that a couple of manholes haven't been approved he road is still not accepted. Mr. Belter felt this might be a chance for the Commission to get that fixed up. The question of changing the name of the road to Kim�all Ave. up to the Williston line was raised. Mrs. Lafleur will check on this. 4. Request of Jeff and Betty Goldberg for a 6-month extension to the site plan approval granted August b, 1986 for con- struction of a 6,400 sg_ ft. building on lot #3, 6 Lime Rock Rd. Mrs. Hurd moved that the extension as presented 12y the Planner be approved. Mrs. Maher seconded. Motion passed 5-0 with Mr. Belter abstaining. As there was no further business to come before the Commission, the meeting adjourned at 10:00 pm. Clerk PLANNING COMMISSION 14 JULY 1987 PAGE 8 7. Other Business Review alternate access plan for Green Tree Park Subdivision Shunpike Rd. Ms. Perkins noted that Mr. Gregory has agreed to the terms set forth by the City Manager. Mr. Belter said he had heard that Mr. Gregory said he had an agreement to allow Green Tree to hook onto Gregory Drive. Ms. Perkins said both Craig Leiner and Art Hogan are opposed to this. Mr. Jacob said he prefered to have the roads tied together. As there was no further business to come before the Commission, the meeting adjourned at 10:50 pm. Clerk PLANNING COMMISSION The South Burlington Tuesday, 28 July 1987 City Hall, 575 Dorset Members Present 28 JULY 1987 Planning Commission held a meeting on at 7:30 pm, in the Conference Room, St. Peter Jacob, Chairman; Mary -Barbara Maher, Judith Hurd, Catherine Peacock, John Belter, Ann Pugh Also Present Kathryn Perkins, Acting Planner; Jane Lafleur, City Planner, James Lamphere, Tom'brolette, Frank Irish, DaSwartwood, vidSpitz, Bill Shearer, Ira Tate, Philip Linton, Dorothy' yton Swartwood, David Rice, Dawn Rice, Andrew Mayer, Carolyn Lyman, Lance Llewellyn, James Roeder, Carol Drolette, Irene Irish, Dane Kelly, Roger Dickinson, Joanne Brill, Alex Rose, Michael Dugan, Lawrence Bagdan, Paul Farrar, George Brady, Bob Krebbs, Scott Power, Mery Brown 1. Review Minutes of 14 July 1987 The following changes were noted: On p. 1, 8th paragraph - the second line begins, "They proposed to put in...". On p. 4, 2nd paragraph should read: "Mr. Llewellyn said they would correct the sharp corners into the driveways of the units and make them rounded.' On p. 7, a third paragraph should read: "Ms. Peacock asked if the developer would be asked to leave a right-of-way for Holmes Rd. Extension. All members agreed the right-of-way was in agreement wit City's Master Plan and should be obtained." In paragraph 6 oy that page, the second line should end with the words uare feet" and the final sentence should read: "They do not yet have permission from Randy Munson to use Corporate Way as an access." The following paragraph should end with the following sentence: "It was agreed that total coverage was 69.9% and thus within the required 70V The last paragraph on that page should end with: "Ms. Perkins suggested the developer look into this." On p.8, The last sentence of paragraph one should read: "The Commission agreed to hive the roads tied together." Mrs. Hurd moved the Minutes be approved as amended. Mrs. Maher seconded. Motion passed 5-0, Ms. Pugh abstaining. 2. Public Hearing: Final Plat application of Tom Dro_ lette for a 3-lot residential subdivision on the Bernice Irish estate on Allen Road Mr. Palmer explained that 2 new lots will front oil hea third extended Harbor Rdige Rd. He noted that "by default lot is formed. Mr. Frank Irish doesn't want a lot there. Mr. Szymanski says he wants the cul de sac to extend to the Planning File Data for Computer Input 1. Original Property Owner INV ST ,_ ao 2. Developer's Name 3. Name of Development a�t-�y 4. Address of Development or Project 5. Type of Project MS Minor Subdivision (MI) Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 7. Zon'ing District 2 :K:�- Q_ 8. Zoning Board Approval date if Required go Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date QJQJ-6`7 Preliminary Plat date Final Plat Date Revised Final Plat Date 1 (if applicable) Revised Final Plat Date 2 (if applicable) Acreage of Total Project a6t Use of Land 1_ Use of Land 2 Use of Land 3 Use of Land 4 19. Number of Lots )3 20. Number of Single Family Units 21. Number of Multi -family Units 22. Construction Cost of Building 3 23. Size of Building (Square footage) 24. Streets CS City Street CS Private Street PS 25. Date of Acceptance of streets by City _ 26. Bond -Landscaping 27. Bond -Streets 28. Bond -Sewer 29. Bond -Water 30. Bond -Other 31. Date Mylar Due (90 days after approval) 32. Date Recorded - 33. Expiration date of Approval _ 34. Date of First Building Permit 34. Tax Map Number 36. Map File Location 1 37. Map File Location 2 38. Map File Location 3 Other fees (Type and amount) Preparers Name: Date: Posted in Computer (Name, Date): 4 5/12/87 KP MOTION OF APPROVAL That the South Burlington Planning Commission approve the preliminary plat application of Green Tree Park (formerly Invrest) to subdivide a 29.6 acre parcel at 200 Shunpike Road into 13 Industrial -Commercial lots as depicted on a 10 page set of plans entitled "Green Tree park, Industrial -Commercial subdivision, Gregory Drive, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., page one dated 3-16-87 with the following stipulations: 1) The final plat shall show building envelopes that meet all the required setbacks. 'urb to des ed in advance th xtended G gory Drive. Prior to final plat, the applicant shall submit a revised landscaping plan showing a buffer between the austrian pines on the western boundary to provide a consistent landscaping buffer to the R4 District. A landscaping bond for $18,500 plus the cost of additional planting required along the western edge shall be posted prior to construction. L , A 4) Concrete sidewalks shall be required on one side of the road of this subdivision and along the e frontage. 5) A 15 foot wide strip of land along the Muddy Brook property line shall be deeded to the City for a pedestrian trail easement. Its location shall be approved by the Natural Resources Committee and shown on the final plat. 6) A sewer allocation of 400 gallons per day per lot shall be reserved (5200 gpd total). Each lot will receive an allocation from the total and will be obligated to pay the $2.50 per gallon fee. No building permits will be issued until capacity is available from the upgraded Airport Parkway Plant. 7) All legal documents for streets, pedestrian trails, water, and sewer lines should be prepared for the City Attorney's review, prior to Final Plat. 8) New mylars for the relocated Gregory Drive extension shall be submitted at final plat and recorded. It shall be this applicant's obligation to pay for and construct the connection to Gregory Drive. A- she -.sac -- s t l3 9) No building permits will be issued before road constructed vto `�r�V"t.. (y Motion of Approval 5-12-87 page 2 10) The cul-de-sac paved width shall be 24 feet minimum to allow for parking. 1.1) An inlet shall be placed in the northwest corner of the property to minimize surface runoff o�p to abutting properties. � &, 12) The plans shall show a drainage swale along the east si property line to intercept flows to the east. 13) The developer or subsequent owners shall be responsible for aintenance of the holding pond. 14) The plans shall show the location of underground utilities, electricty, telephone, gas and street lights. 15) There shall be no direct access to Shunpike Road from individual lots. Access shall be from the new road only. 16) T cul- -sac s eet sha be na .c�op� final plat. The n a l e a r ed t Cit ---prior to final plat. �The final plat shall be submitted within 12 months or this I(e)approval is null and void. Ns Cb-c� t 5/12/87 KP MOTION OF APPROVAL That the South Burlington Planning Commission approve the preliminary plat application of Green Tree Park (formerly Invrest) to subdivide a 29.6 acre parcel at 200 Shunpike Road into 13 Industrial -Commercial lots as depicted on a 10 page set of plans entitled "Green Tree park, Industrial -Commercial subdivision, Gregory Drive, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., page one dated 3-16-87 with the following stipulations: 1) The final plat shall show building envelopes that meet all the required setbacks. 2) Curb cuts for lots #1 and #13 shall be designated in advance on the extended Gregory Drive. 3) Prior to final plat, the applicant shall submit a revised landscaping plan showing a buffer between the austrian pines on the western boundary to provide a consistent landscaping buffer to the R4 District. A landscaping bond for $18,.500 plus the cost of additional planting required along the western edge shall be posted prior to construction. 4) Concrete sidewalks shall be required on one side of the road of this subdivision and along the Kimball Avenue frontage. 5) A 15 fgot wide strip of land along the Muddy Brook property line shall be deeded to the City for a"pedestrian trail easement. Its location shall be approved by the Natural Resources Committee and shown on the final plat. 6) A sewer allocation of 400 gallons per day per lot shall be reserved (5200 gpd total). Each lot will receive an allocation from the total and will be obligated .to pay the $2.50 per gallon fee. No building permits will be issued until capacity is available from the upgraded Airport Parkway Plant. 7) All legal documents for streets, pedestrian trails, water, and sewer lines should be prepared for the City Attorney's review, prior to Final Plat. 8) New mylars for the relocated Gregory Drive extension shall be submitted at final plat and recorded. It shall be this applicant's obligation to pay for and construct the connection to Gregory Drive. A new street name for the cul-de-sac street should be submitted at Final Plat. 9) No building permits will be issued before roads are constructed. Motion of Approval 5-12-87 page 2 10) The cul-de-sac paved width shall be 24 feet minimum to allow for parking. 11) An inlet shall be placed in the northwest corner of the property to minimize surface runoff on to abutting properties. 12) The plans shall show a drainage swale along the east side property line to intercept flows to the east. 13) The developer or subsequent owners shall be responsible for maintenance of the holding pond. 14) The plans shall show the location of underground utilities, electricty, telephone, gas and street lights. 15) There shall be no direct access to Shunpike Road from individual lots. Access shall be from the new road only. 16) The cul-de-sac street shall be named on the final plat. The name shall be approved by the City prior to final plat. 17) The final plat shall be submitted within 12 months or this approval is null and void. 0 PLANNING COMMISSION 5 January 1988 page 7 4 Public Hearing: Final Plat application of Green Tree Park for 13-lot industrial -commercial subdivision located at the northeast corner of Kimball Avenue and Shunpike Road new ap lication due to failure to record Plans before_ deadline Mr. Trudell indicated the trail is still not staked out by the Natural Resources Committee. Members questioned the status of Gregory Drive. Mrs. Lafleur will check on this. Mrs Hurd moved the Planning Commission approve the final plat application of Green Tree Park, Inc, for a 13 lot industrial -commercial subdivision 29.46 acres at the north- east corner of Kimball Avenue and Shunpike Road as depicted on a 12 page set of plans, page one entitled "Subdivision Plat of Green Tree Park, Shunpike Road, South Burlington, Vermont" pre ared b Trudell Consulting Engineers, Inc, last revised 7 19 87 with the following stipulations: 1 A landscaping bond for street trees and the landscaping along the western boundary as shown on the plans shall be posted prior to permit. The amount shall be determined by the City Planner. A sewer allocation of 5200 gpd is made and each lot shall receive an allocation from this amount. per gallon fee shall be paid prior to permit. The 3. The applicant shall submit plans to the Water Department for approval prior to permit. 4 The applicant shall be responsible for building Gregory Drive as a through road from the existing end in Gregory & Daughters Industrial Park. A bond shall be posted for this prior to permit in an amount determined by the City Engineer. It shall be constructed to City standards with 32 feet of pavement, curbs and a sidewalk on one side. 5. All legal documents for street dedications and deeds, the r o w to the Szymanski property, drainage and other easements and the pedestrian trails shall be submitted to the City Attorney within 90 days. 6. The pedestrian trail easement shall be shown on the final plat after approval by the Natural Resources Committee. 7. Plan #SP-1 shall correctly label Shunpike Road. PLANNING COMMISSION 5 January 1988 page 8 8. The occupants or owners of the lots shall be responsible for -the maintenance of the holding pond. The City will not be responsible. 9. The developer shall erect the necessary stop sign and street name signs. 10. It is the applicant's responsibility to record the final plat within 90 days or this approval is null and void. It shall be approved by the Planner and signed by the Chairman prior to recording. Mr. Burgess seconded. Motion passed unanimousl 5. Other Business a) Election of officers: Mrs. Maher moved that Mr. Jacob be elected Chairman, Mr. Burgess Vice Chairman, and Mrs. Hurd Clerk. Mr. Belter seconded. Motion passed unanimously:. The question of the Clerk reading a motion which he/she does not intend to vote for was raised. Mrs. Maher suggested it should be indicated the Clerk is reading the motion "as Clerk." b) Mr. Burgess said for the record that he was annoyed that University Mall used a whole corner of their parking lot to sell Christmas trees. He felt there should be stipulations regarding parking areas that they be used for nothing but parking. Other members agreed. As there was no further business to come before the Commission, the meeting adjourned at 10:00 pm. Clerk 12� r) �C eS5 14 �-�-- 4 cc e.S5 , 6P)AJ)6�J P6LL &--JoaAa- 6ovvta4.A— t lk,�o no("rl(� (Zk n &.e4k/i- wil &�-w C,rS4 � w/ nupos�, - V v vlt �64 I C`r-� fc)-L CI-IS2- Ac - c� eCo ,1s u,-Q„ - YD yk � o CCP-fe.._ max� C-- d..P Sa- C c a--4- 14- C,&t a-4C 6za. c kly- CA-C -------- L-0 �w c V- --t-T a.�rz % k %oo O\A M lf� 1 �W C k. CA_C4 +7 D-XI) Lim 6qn -,n� 1 ► r' ...- o(y-\ �kubbcug-- - pia oc-A �x..., ' f' f 1) r� F� r i 1 TOJ, R. ALLAN PAUL JOSEPH E. FRANK PETER M. COLLINS JOHN T. SARTORE B. MICHAEL FRYE ANTHONY B. LAMB ALAN D. PORT ROBERT G. CAIN S. CROCKER BENNETT, II ROBERT S. DIPALMA DAVID A. BARRA CHARLES F. STORROW WILLIAM E. ROPER STEPHEN J. SOULE JANE HART MARTER MICHAEL 1. GREEN JOHN J. COLLINS PAUL R. BOWLES GAIL E. HAEFNER CHARLES E. FINBERG MATTHEW C. SUSMAN JOHN T. LAvoIE MARK A. SINCLAIR PAUL, FRANK & COLLINS, INC ATTORNEYS AT LAW ONE CHURCH STREET P. O. Box 1 307 BURLINGTON, VERMONT 05402-I 307 TELEPHONE (802) 6S8-2311 TELECOPIER (802) 6S8-0042 Steven F. Stitzel, Esq. SPOKES, FOLEY & STITZEL P.O. Box 986 184 So. Winooski Avenue Burlington, VT 05402 RE: GREEN TREE PARK Dear Steve: August 6, 1987 WILLIAM J. RYAN OF COUNSEL MONTPELIER OFFICE 94 MAIN STREET P. 0. BOX 967 MONTPELIER, VT 05602-0967 TELEPHONE (802) 223-7SSO CITY OF SOUTH BURLINGTON PLANNING COMMISSION One of the requirements of final approval of the proposed Green Tree Park commercial subdivision is the tendering of Irrevocable Offers of Dedication for the streets, water and sewer lines, and the fire hydrants in the development. I have enclosed a proposed set of documents for the streets in said development, together with documents in connection with the sewer and water lines and fire hydrants. As explained to me by Dick Trudell, all of the sewer and water lines are to be constructed within the right of way of -either Gregory Drive or Green Tree Drive, with the exception of a 30, wide sewer and water easement which goes across Lot 1 on the Plan, and two smaller 20' wide sewer easements for the benefit of Lot 10 and Lat 11. In addition, there are three 10' by 10' fire hydrant easements. I have enclosed a greatly reduced photocopy of the Site Plan showing the locations of those easements referred to in the Irrevocable Offer of Dedication. Please let me know if you have any changes or comments as soon as possible. Cordially yours, PAUL,,IjRKNF/ A//C0LLINS,/1 NC. PMC/aby `ze1.-r'ins Enc. cc Mr. Ken Desmond Mr. Peter Jacobs, Chairman South Burlington Planning Commission City of South Burlington WATER DEPARTMENT 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 July 20, 1987 Mr. Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, Vermont 05495 RE: Green Tree Park - Plans Dated 2-5-87, Revised 6-17-87 Dear Mr. Trudell, The waterline for the Green Tree Park project as shown on the revised plans dated 6-17-87 is acceptable to this Department. In the future, to expedite the approval process, please sub- mit to this Department two copies of the plans for a proposed project; I will return one set stamped with the approval status and I will keep one for my files. Thank you for your cooperation. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Susan A. Messina Superintendent TRUDELL CONSULTING ENGINEERS, Inc. July 20, 1987 Kathryn Perkins, Acting Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Green Tree Park Dear Ms. Perkins: Transmitted herewith is a final plat application for Green Tree Park. To address the stipulations of the Planning Commission's approval of May 12, 1987 the following is noted: 1. The final plat shows building envelopes for the lots. 2. A revised landscaping plan was submitted to you on June 30, 1987 and is included in this submission. 3. Sidewalks have been added as requested. 4. We have not received notification from the Natural Resources Committee regarding the pedestrian trail easement. The applicant is willing to add the easement for the final mylar. 5. A 5200 gpd sewer allocation is adequate for this project. 6. Peter Collins, Esquire is currently preparing legal documents. He also will need the location of the pedestrian easement. 7. Also submitted with this application are copies of the revised plat for Gregory Industrial Park. 8. This is acceptable to the applicant. 9. The width of the paved portion of the cul-de-sac has been increased to 24 feet. 10. The northwest corner of the property has been regraded to allow drainage instead of adding an inlet there. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 Page 2 11. A drainage Swale has been added along the east side of the property. 12. Revised covenants reflect that maintenance of the stormwater pond is the responsibility of the lot owners. 13. Underground utlities and street lights have been added to the plans. 14. This stipulation is acceptable. 15. This stipulation is acceptable. 16. The applicant wishes to have this stipulation removed, since he has no control over this nor is he a party to any agreement between the City and Mr. Gregory. Thank you for your help in this application, I trust you will find that everything is in order for final plat scheduling. Very truly yours, qTR LL ON , NG NEERS,INC. chard P. Trudell RPT/kah �J nSTATE OF VER MONT AGENCY OF TRANSPORTATION4., 133 State Street, Administration Building x� Montpelier, Vermont 05602 tiSPol April 29, 1987 Mr. Tyler Hart Trudell Consulting Engineers, Inc. 14 Blair Park Rd., Box 308 Williston, VT 05495 RE: Invrest, US 2, South Burlington Dear Mr. Hart: A review of the traffic data sutmission for the above referenced project has been conpleted. It appears that traffic signal warrants will not be met. Due to the uncertainty of how much additional traffic will be utilizing the drive when it is opened, traffic should be monitored and signal warrants re -addressed at the time when full build out of Invrest occurs. Our review did determine that a left -turn lane is warranted. Detailed plans depicting this inproverrent should be provided to this office for our review and approval. If you have any questions, please contact Don Allen at 828-2653. Sine=-v.ly, wf A offa"' �_ 6�inv William O. Fisk Utilities Engineer WOF:DA:dd CC: Planning, Development Review �— John Wood, DTA #5 n Utility Files via RFN n40 STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vt. 879-6563 April 24, 1987 Mr. Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, Vermont 05495 RE: Amendment Application #4C0149-1 Green Tree Park, Inc. 13 lot commercial/industrial park South Burlington, Vermont. Dear Dick: As we discussed on the phone today, I have reviewed the above referenced applic- ation and have found it to be complete for the purpose of starting the Act 250 process. However, during this review I have determined that the following in- formation should be presented to the Commission on or before the day of the hearing to more completely address the criteria of the Act: 1. Information that the City of South Burlington has allocated or will allocate sufficient sewage treatment plant capacity for the project. 2. Evidence that the City of South Burlington has approved or will approve the project's access to Shunpike Road, and that this road and the roads in the area have the capacity of supporting the traffic to be generated by the project. 3. More evidence regarding the agricultural soils on the site and what agricul- tural potential, if any, remains after the topsoil stripping operation approved in Land Use Permit #4C0149. 4. The amount of any bonding required by the City of South Burlington. 5. Evidence that the project conforms to the South Burlington City Plan. Page 2 Letter to Dick Trudell April 24, 1987 Please be advised that the above list is based only upon my brief preliminary review of this application. The District Environmental Commission may ask for additional information regarding any of the criteria of Act 250 during its review of the application in the public hearing process. Do not hesitate to contact me at 879-6563 if you have any questions regarding any of the above. Sincerely, pt-�&t'3 o(zitk /r-, Peter B. Meyer Environmental Board District Coordinator PBM/aml cc: All Parties 'N. log 0 9,c i r4 Qp $00 � "I 4� 4� State of Vermont 4 ivision Permit CASE NO. EC-4-1120-1 APPLICANT Robert & Richard Willis and Donna Willis Hall ADDRESS c/o Robert Willis Shunpike Road Williston, VT 05495 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions Chapter 7, Sewage Disposal THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4CO149-2. This project, consisting of amending Subdivision Permit EC-4-1120 to increase the sewage allocation for the 13 commercial lots to 4688 gallons per day located off Shunpike Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (2) All conditions set forth in Permit number EC-4-1120, dated August 5, 1987, shall remain in effect except as amended or modified herein. (3) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220). SEWAGE DISPOSAL (4) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 4688 gallons of sewage per day. Dated in the Village of Essex Junction, Vermont this 7157- day of 1988. Patrick A. Parenteau, Commissioner Department of Environmental Conservation Byti�z»��`'r�s,�ls•�� Ernest P. Christianson Regional Engineer CC: Donald Robisky City of South Burlington Louis Borie Dept. of Health Dept. of Labor and Industry Trudell Consulting Engineers tj1; {jr State of yYfrbc9ivision Permit )ermont CASE NO. EC-4-1120-1 APPLICANT Robert & Richard Willis and Donna Willis Hall ADDRESS c/o Robert Willis Shunpike Road Williston, VT 05495 LAWS/REGULATIONS INVOLVED Chapter 3, Subdivisions Chapter 7, Sewage Disposal THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4C0149-2. This project, consisting of amending Subdivision Permit EC-4-1120 to increase the sewage allocation for the 13 commercial lots to 4688 gallons per day located off Shunpike Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (2) All conditions set forth in Permit number EC-4-1120, dated August 5, 1987, shall remain in effect except as amended or modified herein. (3) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 802-863-7220). SEWAGE DISPOSAL (4) The project is approved for connection to the South Burlington Airport Parkway wastewater treatment facility for a maximum of 4688 gallons of sewage per day. Dated in the Village of Essex Junction, Vermont this :71.5r day of Z//�" l , 1988. Patrick A. Parenteau, Commissioner Department of Environmental Conservation /f By Ernest P. Christianson Regional Engineer CC: Donald Robisky City of South Burlington' Louis Borie Dept. of Health Dept. of Labor and Industry Trudell Consulting Engineers �ree� �V Pout � by fe-SI, State of Vermont LAND USE PERMIT AMENDMENT CASE NO. 4C0149-2 APPLICANT Robert and Richard Willis and Donna Willis Hall c/o Robert Willis ADDRESS Shunpike Road Williston, Vermont 05495 LAWS/REGULATIONS INVOLVED 10 V.S.A., Chapter 151 (Act 250) and Vermont State Environmental Pro- tection Rules Chapter 3, Subdivisions Chapter 7, Sewage Disposal District: Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0149-2 pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 158, Page 367 of the land records of the City of South Burlington, Vermont, as the sub;ect of a deed to Robert and Richard Willis and under option to Green Tree Park., Inc., the Permittee as Grantee. This permit spec_ifi.cally incorporates the Subdivision Permit EC-4-1120-1 which approves the increase of sewage allocation for the 13 commercial lots to 4638 gallons per day _located off Shunpike Road in South Burlington, Vermont. The F'ermittee, 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. All conditions of Land Use Permits #4C0149 through #4C0149-1 remain in full force and effect except as amended herein. 2. This permit: hereby incorporates all of the conditions of the Subdivision Permit EC-4-1120-1 issued on April 21., 1988 by the Regional. Engineer-, Division of Protection, Department of Environmental Conservation, Agency of Natural Resources. 3. Failure to comply with any of the above conditions may be grounds for permit revocation. pursuant to 10 V.S.A., Section 6090(b). Dated at Essex Junction, Vermont, thiscAay of April, 1988. By ? Louis Borie District #4 Coordinator Anna M. Lucia District Office Clerk 7/20/87 PROTECTIVE COVENANTS GREENTREE COMMERCIAL PARK South Burlington, Vermont THIS DECLARATION, made on the date hereinafter set forth by GREEN TREE PARK, INC., a Vermont corporation with principal place of business in ("DECLARANT"); . Vermont WHEREAS, GREEN TREE PARK, INC. is the owner of certain real estate in South Burlington, Vermont, which is specifically described as follows: A parcel of land containing 29.5 acres, more or less, on the northerly side of Shun Pike Road, so-called, as shown on a plan dated , and to be recorded in the South Burlington Land Records. WHEREAS, GREEN TREE PARK, INC. intends to sell thirteen (13) lots within said property as depicted on said plats. NOW, THEREFORE, GREEN TREE PARK, INC. hereby declares that all said thirteen (13) lots shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions herein set forth. These easements, restrictions, covenants and conditions are intended to protect the value and desirability of the aforesaid real property. They shall run with the aforementioned lots and shall be binding on all parties having or acquiring any right, title or interest in these lots or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real property or any part thereof or interest therein. ARTICLE I - DEFINITIONS SECTION 1 - REAL PROPERTY means the entire land area described hereinabove. SECTION 2 - PLAT means the Plat of said real property which is to be filed for recording in the Land Records of South Burlington, County of Chittenden and State of Vermont. SECTION 3 - LOT means the individual parcels of real property to be conveyed within the above described property. SECTION 4 - OWNER means the owner, or the contract purchaser in possession of a lot. DECLARANT shall be considered owner of all lots not yet sold, or those reacquired by it. ARTICLE II - ARCHITECTURAL CONTROLS SECTION 1 - All lots within the plat are purchased subject to the architectural controls, conditions and restrictions set forth by Declarant. No building, fence, wall, hedge or other structure shall be commenced, erected, or maintained upon lots, or any part thereof, nor shall any exterior addition to, or change or -2- alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted and approved in writing as to harmony and topography by the Architectural Control Committee. Plans shall be submitted to the Architectural Control Committee which has been formed by Declarant. In the event the Architectural Control Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications are submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. SECTION 2 - The Architectural Control Committee will consist of three (3) members, one member designated Chairman and one as Secretary. Names and addresses of members are as follows: -3- The Committee shall meet upon call by the Chairman, and in his absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at time and place convenient to a majority of the members. A quorum shall consist of two members, and a quorum shall be necessary to carry out functions of the Committee. In the event of resignation of a Committee member, or inability of a member to remain on the Committee, GREEN TREE PARK, INC., it's successors or assigns, shall decide upon a person to fill the vacancy. Telephone poll vote may be taken in lieu of calling a meeting for the purpose of filling vacancies. This Committee shall terminate one year after sale of the last commercial lot in the subdivision. After the termination of the Architectural Control Committee, one or more lot owners may enforce any of the Protective Covenants in Article III herein, pursuant to Article V, Section 2, herein. SECTION 3 - Guidelines To Be Used By Architectural Control Committee in Evaluation of Applicants: It is intended that the structures and other improvements will become a part of the landscape and blend into their surroundings. Simple, well proportioned structures using native woods, stone or masonry are desirable. The Architectural Control Committee shall not be unreasonable in approving building plans providing that they meet minimum standards. However, for the protection of the -4- other owners, unusual types of buildings may be prohibited. Plans are to be submitted to the Architectural Control Committee. ARTICLE III - PROTECTIVE COVENANTS FOR LAND & BUILDING USE SECTION 1 - No construction of buildings may be started on any lot without first obtaining a letter of permission from the Architectural Control Committee, until such time as said Committee is terminated. SECTION 2 - All buildings constructed hereunder shall conform to the specifications and requirements of the most recent revisions of the State of Vermont electrical code and the uniform building code in force at the commencement of construction. Electrical service shall be underground. SECTION 3 - All buildings shall be constructed on a permanent type foundation. SECTION 4 - All buildings shall be designed to consider energy conservation. Proper siting of buildings will enhance passive or active solar heating. The Vermont Department of Energy Standards will be utilized in the building design. SECTION 5 - All plumbing systems shall be designed to incorporate the use of water saving fixtures with particular attention given to low flow toilets and faucets. SECTION 6 - Exteriors shall be furnished to blend into the surroundings and the landscaping concept. Subdued flat finishes with earthen tones are preferred to garnish, bright -5- colors or materials. All sides of the building will be required to present a finished pleasing appearance. SECTION 7- Entrance signs will conform to the typical plan established for the park. One sign will be permitted for each entrance. A primary sign defined as an establishment's major sign and located on the building's main entrance shall: a. relate to the architecture of the building on which it is to be located; b. be compatible with the building or structure in terms of the size, color, shape, material and design; and C. conform with the City of South Burlington sign guidelines. A sign may be illuminated only if the light proposed is steady, stationary, shielded and of appropriate location and intensity. Generally, illumination should enhance the existing architectural qualities of that group of related buildings within which it is installed. SECTION 8 - No building shall be located closer than forty (40) feet from the right of way of Shunpike Road, sixty-five (65) feet from the property line along any adjoining residential property, forty (40) feet from the right of way of the park roads, or fifteen (15) feet from a property line. Additional setback may be required by the Architectural Control Committee if, in their opinion, such requirement would enhance the aesthetics of the park. Broil SECTION 9 - Landscaping shall be required and be in general conformance with the landscape plan for Greentree Commercial Park. Tree species, size and placement will be reviewed by the Architectural Control Committee. Landscaping, other than seeding or sodding of lawns, shall be completed within 12 months from completion date of improvements placed upon the lot by purchaser, the cost of such landscaping to equal or exceed One Percent (1%) of the cost of such improvements. The Purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonally possible. SECTION 10 - Each purchaser shall develop his lot in a manner so as to avoid any undue soil erosion, and will comply with the Erosion Control Plan for Greentree Commercial Park. SECTION 11 - All buildings and landscaped grounds on any lot shall be kept in a safe and reasonable state of repair, cleanliness, and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds having a tendency to spread across property lines shall be kept under control; however, prior to construction of a building, owners shall not be required to maintain their property during the summer months. However, the Architectural Control Committee shall have the option of mowing or leasing the fields for aesthetic purposes. -7- SECTION 12 - No trash, garbage, rubbish, refuse, or other solid waste of any kind, including particularly inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the real property. Garbage and similar solid waste shall be kept in sanitary containers well suited for that purpose, and the container will be screened from general view by landscaping or fencing. The owner or occupant of each lot shall be responsible for the disposal of solid waste at legally established solid waste disposal facilities outside the real property. The burning of any type of garbage or refuse within the development is prohibited. SECTION 13 - No fuel tanks shall be maintained above ground on any lot without written permission of the Architectural Control Committee which may grant such permission subject to adequate screening and other appropriate requirements. SECTION 14 - No lot shall be used in a fashion which unreasonably interferes with the lot owners' right to the use and enjoyment of their respective properties. Architectural Control Committee shall determine whether any given use of a lot unreasonably interferes with those rights, and such determination shall be conclusive. SECTION 15 - Lighting will be of the non -glare cutoff luminaire variety as depicted on typical details of Greentree Commercial Park. No lighting will be used that interferes with adjoining commercial or residential use. WE SECTION 16 - Any building encompassing 12,000 square feet or more will be provided with complete sprinkler service for fire protection. SECTION 17 - Each building will be equipped with a remote readout water meter. SECTION 18 - The Owner will remove snow or other debris from around any fire hydrant located on or in front of his property. SECTION 19 - Exterior mechanical equipment, mounted on the buildings will be screened or shielded from view where feasible. SECTION 20 - Each purchaser shall develop his lot in such a manner as to control peak stormwater runoff to predevelopment conditions by the use of retention basins and/or proper grading. The maximum peak runoff for each lot, determined for a 10 year 24 hour storm is: Lot 1 3.3 cfs Lot 8 1.6 cfs Lot 2 3.4 cfs Lot 9 1.0 cfs Lot 3 1.7 cfs Lot 10 1.1 cfs Lot 4_ 1.9 cfs Lot 11 1.7 cfs Lot 5 1.6 cfs Lot 12 1.7 cfs Lot 6 1.7 cfs Lot 13 2.5 cfs Lot 7 1.6 cfs SECTION 21 - There shall be no outside storage of tractor trailers on any lot for longer than one (1) week. SECTION 22 - There shall be no outside storage of any material, containers, equipment or products unless property reasonably screened from all sides. ARTICLE IV - SUBMITTALS SECTION 1 - The Architectural Control Committee will provide a lot owner with plans of the development typical standards and record drawings of the road and utilities. SECTION 2 - The lot owner will provide the Architectural Control Committee with the following information: a. Site plan drawn at a minimum scale of 1"-40' and contour interval of 2 feet that shows the location of the building, size and arrangement of roads and parking, drainage, roof projections, landscaping, trash storage, exterior storage, location of signs and lighting, and other information that may reasonably be required by the Committee. b. Building elevations of all sides with exterior finish schedules. C. Estimated water consumption and waste water contribution. d. Estimated storm flow and treatment methods. e. Estimate of traffic generation. ARTICLE V - INTERPRETATION, ADMINISTRATION AND ENFORCEMENT OF THESE COVENANTS SECTION 1 - The Architectural Control Committee, as herein provided, shall have primary and exclusive jurisdiction to interpret, administer, and enforce these covenants and find all facts relative to any claimed or suspected violations until all lots are sold by the -10- Declarant. However, the Architectural Control Committee shall not be liable to any owner or other party for failure to enforce any of the covenants herein. SECTION 2 - Prior to the conveyance of the first lot in this subdivision, the Declarant shall incorporate a non-profit owner's association called "Greentree Area Association, Inc.". By taking title to any lot in the subdivision, the record owner shall automatically become a member of the Greentree Area Association, Inc., and subject to the rules and regulations of the Association. The primary purpose of the Association shall be to maintain, repair or replace any storm water retention ponds or basins in the subdivision, and the repair, replacement or maintenance of any entrance signs to the Park. The Association shall have the right to assess lot owners based on a per square foot of lot formula, for the reasonable and necessary expenses of the Association. SECTION 3 - After the Declarant has sold the last lot in the park, any of the covenants, restrictions and conditions contained herein may be enforced by one or more lot owners, or the Area Association, by proceeding in law or in equity, against any person or persons violating or attempting to violate same, and the plaintiff may restrain violations of same or recover damages, or both; and the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. -11- ARTICLE VI - MISCELLANEOUS SECTION 1 - The Declarant, its successors or assigns, shall have the right to erect an entrance sign on Lot No. 1 and/or Lot No. 13 near the intersection of Shun Pike Road and Gregory..Drive. The subsequent repair, replacement and maintenance of said sign shall be the responsibility of the Greentree Area Association, Inc.. SECTION 2 - If the Declarant has permission to erect a sign for the Park on Williston Road at the intersection of Gregory Drive, the Area Association shall also be responsible for the maintenance, repair and replacement of said sign. SECTION 3 - All lot owners shall take title subject to all easements for electricity, sewer, water, storm water, and telephone as shown on the aforementioned site plan or as recorded in the South Burlington Land Records. Dated at , 1987. , Vermont, this day of IN PRESENCE OF: GREEN TREE PARK, INC. A'ments #2/25/aby By: -12- STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vermont 05452 879-6563 MEMORANDUM TO: All Parties r FROM: Geoffrey W. Green, Assistant District Coordinator DATE: June 2, 1987 RE: Recess Memo, Greentree #4C0149-1 The hearing held on June 1, 1987 for the above referenced application is in recess. As a result of the first hearing the District Environmental Commission requests receipt of the following information: 1) Rule 10 states that the record owners of the tracts of involved land shall be the co -applicants unless good cause is shown to support waiver of this requirement. Rule 2(F) defines "involved land" as the entire tract or tracts of land upon which construction of improvements occurs. The construction of improvements on a tract of land owned by an adjoining property owner includes approximately 4400 feet of road construction and a stormwater dentention system. Therefore, the adjoining property owner on which these improvements occur shall be a co -applicant to this application. 2) The traffic study submitted to the Agency of, Transportation should also be submitted to the District Commission, as the Commission must make independant findings under Criterion 5, Traffic. In addition, any supplemental information supplied to the Chittenden County Regional Planning Commission should also be supplied to the District Commission. 3) The evidence submitted under Criterion 9(B) Primary Agricultural Soils was not adequate to support the applicant's contention that the soils are not primary agricultural soils, as defined in Title 10 Section 6001 (15). It was pointed out in the hearing that the site was stripped of topsoil, as per Land Use Permit #4C0149, which proposed to remove six inches of topsoil but in all cases leave at least two inches of topsoil and to return the site to a productive hayfield (Findings of Fact lg and 3a). The evidence submitted at the hearing indicated that the findings were complied with and in some areas indicated up to 8 to 15 inches of topsoil. Therefore the Commission recommends that additional evidence be presented to support the applicant's contention that the soils do not have a potential for growing food and forage crops, are not sufficiently well drained to allow sowing and harvesting with mechanized equipment, are not well supplied with plant nutrients or highly responsive to the'use of fertilizer and do not have few limitations for cultivation or limitations which are not easily overcome. In addition to qualify as primary agricultural soils, the average slope of the land containing such soils does not exceed 15 percent, and such land is of a size capable of supporting or contributing to an economic agricultural operation (see Title 10 Section 6001 15). 4) Please submit revised covenants to include the maintenance of the stormwater system. 5) Please submit additional information that the development will meet any applicable water resources regulations, specifically as it relates to stormwater discharge. 6) The evidence submitted under Criterion 2 and 3 was not adequate for the Commission to make positive findings. Please submit additional evidence with specific water demand and supply information. 7) Sign details were not submitted with the application and if the applicant wants approval for a sign at this time then please submit details for Commission review. 8) The Commission must determine whether the project is in conformance with the local plan, therefore please submit a town plan with specific reference c'itations. 9) Finally, the Commission would like the final landscaping plans as reviewed and approved by the City of South Burlington to be submitted for the Commissions review. Copies of any information, revised plans, etc submitted after the hearing must also be sent to all parties. This includes the municipality, the regional planning commission and individuals or organizations granted party status. If you have any questions regarding the recess memo or the application procedure, please do not hesitate to contact me. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold hearing at the South Burlington City Hall Conference Dorset Street, South Burlington Vermont on Tuesday, 1987 at 7:30 P.M. to consider the following: a public Room, 575 August 11, Preliminary plat application of Green Tree Park, Inc., (formerly Invrest) for a 13 lot commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Reprographics of New England (Platt), Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering, C. Weems, A. Currier, J. McQuide, A. Cota, R. Snyder, E. Fissette, M. Antonioli and P. Godard and on the south by Shunpike Road and is located at the northeast corner of Shunpike Road and Kimball Avenue. Copies of the application are available for public inspection at the South Burlington City Hall. Peter L. Jacob, Chairman, South Burlington Planning Commission ACT 250 NOTICE APPLICATION AND HEARING 10 V.S.A., Sec. 6083-6088 On October 22, 1987 a request for a hearing was filed for Land Use Application #4C0149-1, by Robert and Richard Willis and Green Tree Park, Inc., c/o Powerline Communication, 123 Tndustrial. Avenue, Williston, Vermont to submit additional information tinder Criterion 9B Primary Agricultural Soils as part of 13 lot commercial./industrial park with 2100 feet of road off of Shunpike Road in South Burlington, Vermont. This project wil_1 be evaluated in accordance with the 10 environmental criteria of 10 V.S.A., 6086(a). Statutory parties to this application are the municipality of South Burlington, the South Burlington Pl.anning Commission, the Ch.ltt.enden County Regional. Planning Commission, affected State agencies and any adjacent Vermont municipality and planning commission. Adjoining property owners may participate to the extent that 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 wi.sh to participate, please contact the Coordinator for further information before th,3� first. hearing or date specified below. Copies of the application and p1arrs forthis pro je'rct, a.re availablefor inspection by members of t.l-ae public during regular working hours at the South Burlington City Office!., the Chittenden Colant,y Regional Planning Commission Office, and the Dist► icr; #4 Environmental- Office. A publ i.r. hearing is scheduled for November 20, 1987 from4:30-5:30 p.m. at the Chittenden County Reg:iona.l_ Planning Office, 66 he,rrJ Street, Essex Junction, Vermont. G6 ffr ey "W.:.__'reen, Assistant District #4 Coordinator 111 West Street Essex Junction, Vermont g�, g STATE OF VERMONT ENVIRONMENTAL BOARD DISTRICT ENVIRONMENTAL COMMISSION # 4 111 West Street Essex Junction, Vt. 879-6563 TO: All Parties FROM: Geoffrey W. Green, Assistant District Coordinator DATE: May 28, 1987 RE: Land Use Permit Application #4C0149-1 Green Tree Park, Inc. South Burlington Please be advised that the site visit to be held on ,Tune 1, 1987 on the above referenced project, will be held at 2:00 p.m. instead of 12:45 p.m. GWG/aml aaj, � LA )< a.'s V,/ 45 LAO 11 a\4.(,c c �baaso�. �� `SON S7 PUBLIC 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, January 5, 1988 at 7:30 P.M. to consider the following: Final plat application of Green Tree Park, Inc., for a 13 lot industrial -commercial subdivision on 29.46 acres. Property is bounded on the north by W. Szymanski, on the east by Reprographics of New England, Marquis Brothers, C.W. Gregory, A. Rock, on the west by J. Ahern, D. Lovering, C. Weems, A. Currier, J. McQuide, A. Cota, R. Snyder, E. Fissete, M. Antonioli, and P. Godard and on the south by Shunpike Road and is located at the northeast corner of Shunpike Road and Kimball Avenue. (Application repeated due to failure to record plans). Copies of the application are available for public inspection at the South Burlington City Hall. Peter J. Jacob, Chairman December 19, 1987 South Burlington Planning Commission 1 oNi ACFtic� O STATE OF VERMONT AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05602 August 28, 1987 Poweline Carmunications Ken Desmolid 123 Industrial Avenue Williston, VT 05495 RE: South Burlington, US 2, LS 150+00 Rt Green Tree Park Dear Mr. Desmond: We cannot approve your highway permit application until you receive Act 250 or local zoning approval, whichever may apply in your case. Please notify this office when you have obtained your land use approval so that your highway permit application can be processed. Your application to ilnnrove US 2 at the intersection with Industrial Street in the town of South Burlington is being reviewed by this office and appears to meet our standards for access. When issued, the proposed work within the highway right-of-way must be constructed in accordance with your plan dated May 12, 1987, and/or the Special Conditions, copies attached. Should you have any further questions, please call Don Allen at 828-2653. Sincerely, William O. Fisk Utilities Engineer 'S L(/, Gfi�C�-e l BY:YZO W. Woodbeck Acting Utilities Engineer WOF:SWW:DA:dd Enclosure CC: South Burlington Planner Katherine Vose, Coordinator John Wood, DTA #5 Utility Files Petitioner Green Tree Park Location South Burlington, US 2, LS 150+00 RT X SPECIAL CONDITIONS Date 8/28/87 This permit is granted subject to the conditions on the back of the permit, with special attention given to the Special Conditions checked below: 1. Approved for open cut. 2. The road crossing shall be installed in accordance with the attached typira7 for jacking or borinc, 3. All trench and excavation work must be performed during daylight hours. X_ 4. Project signing and traffic control devices such as barriers, etc., necessary for the protection of all Permit Holder personnel, and others, including the traveling public shall be in conformance with the MUTCD (Manual of Traffic Control Devices), Agency of Transportation Standard Sheets and any additional signing or traffic control deemed necessary by the District Transportation Administrator. Uniformed traffic officers or trained flagpersons, when approved, shall be provided when two-way traffic cannot be maintained, and/or at the request of the District Transportation Administrator a� .,- . �, - _L _ _.. ,..aver he dee„ s i� recessary for the pr•otec � f og 0- til-e traveling public. It is incumbent upon the Permit Holder to determine the appropriate safety measures to be taken, well ahead of the need, so that proper devices and/or personnel are available when and as needed. Failure to utilize proper measures shall be considered sufficient grounds for the District Transportation Administrator to order cessation of the work. The Permit Holder shall be responsible for all damages to persons and/or property due to or resulting from any work done under this permit. 5. Unprotected open pits along the side of the road shall be filled at the end -of the day. Even when properly protected, no open pit should be open for more than one week. xx 6. All sub -base and shoulder material shall be new gravel from a source approved by the District Transportation Administrator. c? 41 XX 7 The Permit Holder is to have a representative present at all times when the' Permit; Holder (or Contractor) is work ing on State highway right-of-way. XX 8. Shoulder areas will be maintained free of unnecessary obstructions, including parked cars, at all times. 9. Should it become necessary to remove any existing pavement, complete pavement replacement (either temporary or permanent)is required prior to weekend shutdown. All temporary pavement ( must be replaced before project completion p shall be hot mix). The Permit Holder shall ma ntaintthevement surface as long as the District Hi h..-.•' aAdministrator until all signs of the excavationshallhavebeen eliminated. y, XX 10. Except in cases of emergency, for which a waiver can be granted by the District Administrator, no work is to be performed on Legal Holidays, the day before or the day after Legal Holidays. xx 11. Seeding and mulching shall be done in accordance with Section 651 Turf Establishment of the Standard Specifications for Construction published by Vermont Agency of Transportation and to the satisfaction of the District Transportation Administrator. look XX 12. Any variance from design plans are to be recorded on "as-builts" With copies thereof provided to both the Utilities Engineer and the District Transportation Administrator. 13. A pre -construct i -n impr7t i rg must be he i d -pi` i u r` C.0 the Permit Holders employees or contractor beginning work. Present at this meeting will be the appropriate Agency representatives, the contractor's superintendent, and the Permit Holder and/or representative assigned to the project. Upon completion of the work by the Permit Holder, a final inspection will be held, with the -same parties present as at the pre -construction Meeting— The Perm i T, Holder's contractor wi l i be required to restore the highway right-of-way to as good condition as it was prior to the work being done, and to the satisfaction of the Agency. xx 14. No work may be performed within the State highway right-of-way between November 15 and April 15 without specific, written Permission from the District Transportation Administrator. _JL_15. This permit covers only construction within State highway right-of-way, and in no way releases the Permit Holder from the requirements of the- Agency of Environmental Conservation, Vermont Public Service Board, Water Supply and Pollution Control Division, Vermont State Health Department, local zoning, or other parties -having 9 _-------_ Green Tree Park South Burlington, US 2, LS 150+00 RT SPECIAL CONDITIONS - ACCESS 0. X The access shall be constructed in accordance with (a) Detail and the profile and notes of Standard Drawing' B-71, copy attached. (b) The attached plan dated 5/12/87 revised 8/11/87 6/30/87 (c) Standard Drawing A-76, copy attached The access must be constructed so as to prevent water from running onto the highway. If requested, the District Transportation Administrator will inspect.the access prior to paving. If this is not done, and ';he access is not SatiSfaC G-. , tic D4St: iCt Adilin Stral`vr will order reconstruction of the access by the Owner. A commercialy manufactured culvert shall be placed under the access. The size shall be as directed by the District Transportation Administrator. The culvert shall be so placed that existing normal drainage flow is undisturbed and no ponding areas are created. Culvert shall be staked and staking reviewed and approved by the District Transportation Administrator prior to installation. x Ali grading (cuts and fills) associated with the construction of the access shall be as directed and approved by the District Transportation Administrator. - x The Owner is responsible for access maintenance. Curbing or other suitable physical barrier must be installed to prevent vehicles from parking on or crossing the highway right-of-way between authorized accesses. In the event that area or sign -lighting proves to be a hazard to the traveling public, the Petitioner will be ordered to remove or modify the li htin at Ais own expense. X In the event that traffic from this development increases to the point where traffic signals, additional lanes for turning, or any other modifications are necessary, the expense of such traffic control measures shall be borne by the Owner, his successors, and assigns. The determination of need for such measures is the responsibility. ofthe Agency of Transportation and will be based upon a survey and recommendations of the Chief Engineer. X Construction of the improvements will be perforn-ed in such a way that interference With traffic using the highway is kept to a minimum. If considered necessary by the District Transportation Administrator, uniformed special officers shall be employed to direct traffic during the construction period, at the owners expense. --- - - - —_- Where deemed necessary by the District Transportation Administrator, commercial drives shall be paved from the edge of the highway to the highway right-of-way g 9 Y pavement 9 Y g y or as otherwise directed by the District Transportation Administrator. State of Vermont Su division Permit LAWS/REGULATIONS INVOLVED CASE NO. EC-4-1120 Chapter 3, Subdivisions APPLICANT Robert & Richard Willis Appendix A, Design Guidlines and Donna Willis Hall ADDRESS c/o Robert Willis Shunpike Road Williston, VT 05495 THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4CO149-1. This project, consisting of a 13 lot commercial subdivision identified as Lots 1 through 13 ranging in size from 1.11 acres to 3.71 acres located off Shunpike Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local Officials PRIOR to construction. (2) The subdivision must be completed as shown on the Plans Project 86082, "Subdivision Plat of Green Tree Park" dated 3-16-87; Sheet P-1 dated 2-5-87; Sheet P-2 dated 2-9-87; Sheet P-3 dated 2-13-87; Sheet P-4 dated 2-10-87 and D-2 dated 1-28-87 prepared by Trudell Consulting Engineers, Inc. and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (3) A copy of the approved plans and the 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) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. WATER SUPPLY (5) Each lot is approved for connection to a municipal type water system approved by the Department of Health provided that all construction is in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (6) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of Approval" to Ken Desmond dated June 25, 1987. SEWAGE DISPOSAL (7) Each lot is approved for connection to a municipal sewage collection system. The work shall be done in accordance with the Environmental Protection Rules, Effective September 10, 1982. (8) The project is approved for connection to the Airport Parkway wastewater treatment facility for a maximum of 3738 gallons Of sewage per day. Subdivision Permit EC-4-1120 Page 2 PLUMBING (9) The applicant is hereby notified that all interior waste and water distribution plans must now be reviewed and approved by the Department of Labor and Industry prior to construction. This shall hold true for new buildings containing interior plumbing and for existing buildings where the interior plumbing is to be altered, replaced, or added to. You may contact the Department of Labor and Industry by telephoning 802-828-2106 or by writing to: Department of Labor and Industry, State Office Building, Montpelier, Vermont, 05602. (9) Prior to the construction of any structure on each lot, two sets of the lot's site plan and one set ofinterior plumbing plans shall be submitted to and authorization for construction granted by the Protection Division. Dated in the Village of Essex Junction, Vermont this 5th day of August, 1987. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky City of South Burlington ✓� Katherine Vose Dept. of Health Dept. of Labor and Industry Trudell Consulting Engineers ��lYtt "'Wook 111UY�,�" TRUDELL CONSULTING ENGINEERS, Inc. October 21, 1987 Jane B. Lafleur, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Green Tree Park #4CO149-1 Dear Ms. Lafleur: Transmitted herewith is an additional submittal for Green Tree Park's Act 250 application. Very truly yours, DELL CONSU NG EN,GINEERS, INC. Richard P. Trudell RPT/jlv Encl. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 TRUDELL CONSULTING ENGINEERS, Inc. October 21, 1987 Mr. Geoffrey W. Greene Assistant District Coordinator District Environmental Commission #4 111 West Street, Essex Junction, Vermont 05452 RE: Green Tree Park #4C0149-1 Dear Mr. Greene: It is our understanding that the Commission has ruled thatithe soils on the site are primary agricultural soils. One of the options available to Green Tree Park, Inc. is to submit additional information under Criteria 9B. The applicants position remains that the majority of soils do not qualify as primary agricultural soils by definition, and those soils remaining that could meet the definition of primary agricultural soils, are not of sufficient areal extent to support an economic agricultural operation. By submitting evidence under the subcriteria of 9B, the applicant, in no way, supports the contention that the majority of soils qualify as primary agricultural soils. Rather this evidence is submitted for the purpose of allowing the project to proceed. We are requesting a hearing on this additional submittal and expect the Commission to offer their rational for calling the soils prime in contradiction of the preponderance of evidence that they do not meet the definition of such. Very truly yours, TR L ON LTING EN INEERS, NC. Richard P. Trudell RPT/jlv Encl. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 1 � Criterion 9B i) The land owners, Robert and Richard Willis and Donna Willis Hall, all of whom have a family background in farming, do not feel they can realize a fair return on the value of the property if it were to remain in agricultural use. The removal of the topsoil in 1974 has rendered the site suitable only for mulch hay purposes. They have had difficulty getting someone to cut this hay in the past due to its poor quality. The applicant, Green Tree Park Inc., has no interest in the property for agricultural purposes. ii) The owners do control other property which is used for agricultural and residential purposes. They do not control other land zoned for commercial/industrial use that is better suited than this parcel. The applicants do not control other suitable parcels of land. iii) The area is zoned for commercial/industrial use and the proposed project is in accordance with that zoning. Cluster development is not applicable for this type of use. iv) There are no significant adjoining agricultural uses. 9B Primary Agricultural Soils It remains the position of the applicant that the majority of the soils do not qualify as primary agricultural soils. Based on soil tests conducted by Trudell Consulting Engineers, as shown on Sheet SP1, approximately 22 acres of the 29 acre site were stripped of topsoil under Land Use Permit #4C0149. The Soil Conservation Service was requested to give their opinion on the soils. An on —site investigation by'Don Hipes,confi,rmed the shallow depth of topsoil remaining. However their opinion was that the removal of the topsoil did not, in itself, disqualify the soil as primary agricultural soil. The same letter from the Soil Conservation Service also stated that the replacement of organic matter would be quite costly and closed with the statement that "... it would be unlikely that anyone would be willing to spend the time and money to farm this piece." To qualify as primary agricultural soils, the soils on site must be among other things "... well supplied with plant nutrients or highly responsive to the use of fertilizer " Additionally they must have "... few limitations for cultivation or limitations that are easily overcome." The SCS's estimate is that $3700/acre for materials would be needed to fertilizer the site. Additionally the following costs would be expended (based on Means Site Work Cost Data). Code Item Unit Cost 3800 Spreading $ 667/acre 6250 Tilling into soil $1500/acre The total cost to bring the site back to agricultural use would be $4368/acre. This is in excess of the market value of land purchased for agricultural use. (Such land is priced between $300 and $500 per acre.) Therefore the 22 acres stripped of their topsoil do not qualify as primary agricultural soils, since they are not well supplied with plant nutrients and have a severe economic limitation if an attempt was made to return them to good agricultural soils. The seven acres that were not stripped of their topsoil are not of a sufficient size (generally assumed to be 10 acres) to support an economic agricultural operation. Therefore the applicant remains firm in his position that primary agricultural soils are not an issue in this application. The applicant has also requested an evaluation of the site by the University of Vermont. United States Soil Department of Conservation 12 Market ?lace, Unit 9 Agriculture Service Essex Jct., Vermont 05452 June 23, 1987 Mr. Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston Vermont 05495 Dear Dick: This is to document my on -site review of the primary agricultural soils on the Green Tree Park Subdivision in South Burlington. Topsoil has been removed from a large area at the site. This was mainly done on an area mapped as Adams and Windsor loamy sands in the Soil Survey of Chi t- tenden County. I observed two to three inches of topsoil remaining in a ran dom sample of the area. I conferred with Dave Van Houten, SCS State Soil Scientist, on this matter and his opinion is that the removal of topsoil does not eliminate a soil from the Primary Agricultural Soils category as used in the Act 250 review process. The water holding capacity of the upper 40 inches of soil is more important, and the available water capacity of Windsor sub -soil is adequate to category. keep it in this Dave did give me some data that indicates the replacement of organic matter removed with topsoil would be expensive. To add 3% organic matter to a 6 inch layer of soil using composted manure would cost about $6,000 ner acre. In this case where organic matter needs to be replaced in 4 inches, the cost would be $37per acre for materials plus the soil. costs for spreading and incorporating into the s I do not have the time to do a full cost -benefits hnaly�is on returning this soil to its full agricultural potential but, given the ac a the parcel is not part of an active farm, it would be unlikely that anyone would be willing to spend the, time and money to farm this piece. S cerely Don Hipeess � District Conservationist CC: Katherine Vsse, Env. Coordinator, 111 West St., Essex Jct., Vt. 05452 OVThe Sol Conservation Service is an agency of the Department 01 Agriculture FOR RCURAL STUDIES July 28, 1987 Ms. Katherine Vose District 4 Environmental Coordinator 111 Hest Street Essex Junction, Vermont 05402 Dear Katherine; 25 HILLS BUILDING COLLEGE OF AGRICULTURE UNIVERSITY OF VERMONT BURLINGTON, VT 05405-0082 I am writing in regard to an Act 250 application submitted by Ken Desmond of Greentree Park, Incorporated. The application seeks to subdivide a 30 acre parcel into 13 lots. The property lies in South Burlington near its eastern border with Williston. The site is surrounded by land currently devoted to non- agricultural activities on approximately two thirds of its perimeter. Mr. Desmond was referred to the Center ifor Rural Studies by a soil scientist with the Soil Conservation Service who had informally assessed most of the parcel suitable for farming. Jeff Green has confirmedthat thenlandnwas once classified as prime agricultural, but most of it had been stripped for topsoil almost a decade ago. parcel was to have been restored to itsJori origeff inal that the capacity, g productive As you well know, the Center for Rural Studies does not profess expertise in the soil sciences. (A site visit by our staff would seem to confirm Mr. Desmond's claim that the soil is no longer suitable for farming. Laterite outcropl a weak groundcover throughout much of the higher elevationsate of the parcel.) Mr. Desmond asked us to apply our experience to two questions related to Act 250; the productive capacity of the parcel from an agricultural perspect4-v-e_,---and the ' the Fa-pawill, in the future, be � agricultural that Although we lack specific expertise inethedsoil sciencesural use. the Center has worked extensively with the small farm and diversified agriculture community in the state, as well as Gardens' for All and, most recently, David Miskell' s Premier Organic Vegtables expansion to Tony Perry's project site.off Route 7 in Charlotte. Moreover, we serve as host agency for the Vermont State Data Center and in that capacity store and analize economic and demographic trends in the State. Much of our recent work has consisted of the creation of local development plans for a variety of suburban and rural communities in the state. An Equal Opportunity Employer Vose Page Two. The Greentree Project lies toward the visible, outer fringe Of southeastward development on the Route 2 corridor. Though it remains visibly a green belt, much of area immediately surrounding the site has been removed from agricultural use. There are no large housing developments or condominiums within easy welkin distance of the property. South Burlington is the seventh largest community in the state, the third largest city. Williston is 29th of 255 in size. h are, ang rapidly growing communities in the state tand, as I'mosure the o most very aware, South Burlington hasthi1you are rate three times that of the state. IBM, �rPizzagallieConstruction Company, Digital Equipment Corporation, Griswold, Rossignol, Reprographics, New England Telephone and others dominate the local economy and contribute to that of the region ail from within a mile of the proposed development site. This is a diversified economic profile, one that is generates considerable internal synergy and, currently, economic multipliers in related industries and services. worst of economic slumps, it is difficult to imagine Despite the rssures on this land sufficient to warrant soil reconstitution ande ereturn to agriculture. As indicated, it is equally difficult to imagine suburban pressures in the immediate area of a density to bring this parcel pinto cultivation as a Garden's for All type area or. more seriously, a market garden site. There are simply too many more fertile and accessible pieces available in nearby neighboring regions. Certainly you lrecognize cal product for the CenterforRural Studies. 1BecauseetteraOf ours anatypiserrvice profile at the University, we are pleased to be asked to participate in the quest for new informationiin a variety of areas. At Greentree's request, we have utilized a variety of secondary data sources to assess current trends and potentails in the project development area. While we typically deal with aggragated, community level data, we feel the striking concentration of industrial and commercial activity in near Proximity to the site precludes future agricultural use of this land. I welcome the opportunity-- o disc as ttie us of our data bases in regards to this type of issue in the future. Sincerly, Frederick E. Schmidt, Director Associate Professor, Agricultural and Resource Economics C.C. Jeff Green, Environmental Board and Kenneth (Desmond, Greentree Park. C RE: VERMONT RESOURCES REVIEW COMMITTEE ROBERT AND RICHARD WILLIS and GREEN TREE PARK ) in So. Burlington to submit t ) additional information under j Criterion 9B Primary Agricultural Soils as part ) of 13 lot commercial/industrial) park with 2100 feet of road. ) STATE OF AGENCY OF NATURAL INTERAGENCY ACT 250 DISTRICT ENVIRONMENTAL, COMMISSION IV APPLICATION 4C0149-1 NOVEMBER 17, 1987 $NTRy OF A PFARArT�� Please enter the appearance of the Agency of Nat State of Vermont, in the above captioned matter. ural Resources, PR -BARING �MM *TT� CRITERIA 1 AND 4. STORMWATER. A discharge permit for stormwater runoff, based on plans dated 1/28/87, 2/5/87, 2/9/87 and 2 13 87 r has issued. changes have been made which would affectbeen the stormwaterf any drainage system for the project, Applicant should submit revised) Plans of a determination by the Permits, Compliance and Protection Division as to whether or not a permit amendment is needed. CRITERION 9(B), Amy Jestes of the Department of Agriculture will attend the L hearing �„ •g v assist the District Commission. k-hereby- c-e tity that a copy of the foregoing Agency OF APPEARANCE and PRE -HEARING COMMENTS was sent bycU.SENTRY Mail (postage prepaid) to all statutory parties. Done on this 17th day of November, 1987 at Waterbury, Vermont. Respectfully submitted, Agency of Natural sources by , ;re eric R. igh Land Use Attorney CC: All Parties PLANNER 658.7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 ZONING ADMINISTRATOR 658-7958 January 29, 1988 Richard Trudell • Trudell Consulting Engineers, Inc. 14 Blair Park Road Williston, Vermont 05495 Re: Green Tree Park, Shunpike Road Dear Mr. Trudell: This letter confirms that the pedestrian trail that was required of Green Tree Park in their final plat approval is no longer needed. The present trail in the Gregory Industrial Park ends at a point abutting the Rock land. Mr. Rock will be deeding this land to the City which will give pedestrian's access to Shunpike Road along Muddy Brook. Sincerely, Jane B. Lafleur, City Planner JBL/mcp PLANNER 658-7955 Katherine Vose AEC 111 West Street Essex Junction, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 August 20, 1987 Vermont 05452 Re: Green Tree Park, Shunpike Road Dear Katherine and Members of the Commission: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission is concerned about discussions to eliminate the planned through street connecting this development to Gregory Drive. This connection has long been planned to alleviate congestion at other points and to provide alternative means of access. As you know, the City has long been plagued with few interconnecting streets and few alternatives for vehicles and thereby have increased congestion at a few major intersections. The plans to connect these developments is important to the circulation patterns in the area. We hope you will support the interests and concerns of the Planning Commission and the City and approve this road connection. 4nc e Jacob, Chairman of the Planning Commission JP/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 15, 1988 Richard Trudell Trudell Consulting Engineers 14 Blair Park Williston, Vermont 05495 Re: Green Tree Park Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of January 5, 1988 Planning Commission meeting at which your site plan was approved. Please meet with Thomas Hubbard regarding the Pedestrian Trail Easement prior to recording the plat. You must record the revised plat within 90 days of January 5, 1988 or this approval is null and void. Sincerely, Jane B. Lafleur, City Planner JBL/mcp l Encl l City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 December 31, 1987 Richard Trudell Trudell Consulting Engineers 14 Blair Park Williston, Vermont 05495 Re: Green Tree Park, Reapplication Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, January 5, 1988 to represent your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 November 18, 1987 Geoffrey Greene Agency of Environmental Conservation 111 West Street , Essex Junction, Vermont 05452 Re: Green Tree Park Dear Mr. Greene: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission approved the subdivision application of Green Tree Park for 13 Industrial -Commercial lots. This land has been zoned Industrial -Commercial since 1981 and this subdivision fully meets our zoning and subdivision regulations. The Planning Commission approved this development in an area that is in close proximity to other similar developments, has sewer and water services and excellent transportation access. Kimball Avenue was constructed to commercial standards with 32 feet of pavement within a 100 foot right of way. The Planning Commission and City Council zoned this as Industrial -Commercial land and expect it to be developed for this purpose. We do not. believe that the area is now, or will be in the future, well suited for agricultural purposes. You might be interested in knowing the City has started to eval- uate a of Deve-lopment Rights t could weil be used to preserve and protect agricultural soils, scenic views, and/or other important characteristics of our environment. We would hope that a well designed policy will serve to guide growth to areas that are well suited to development and density and preserve agricultural lands in other appropriate locations. We fully expect this Kimball Avenue area to be a development area and not a protected area. We urge you to support the application of Green Tree Park. Sine ly, Peter L. Ja , Chairman South Burlington Planning Commission PLANNER 658-7955 E t City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 ZONING ADMINISTRATOR 658-7958 August 25, 1987 Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, Vermont 05495 Re: Green Tree Park, Shunpike Road Dear Mr. Trudell: Enclosed are the minutes of August 11, 1987. I'lease call me if you have any questions. JBL/mc 1 Encl cc: Christoper D'Elia Invrest Sincerely, Jane B. Lafleur, City Planner TRUDELL CONSULTING ENGINEERS, Inc. December 4, 1987 Jane B. Lafleur City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Green Tree Park Dear Jane: As we discussed by telephone we are forwarding an application for final plat approval, four sets of plans, two draft copies of legal documents and a check for $30.00 for Green Tree Park. There have been no changes to the plans since our final plat approval of August 11, 1987. We are resubmitting since the 90 day period for filing with the City Clerk has elapsed. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. Richard P. Trudell RPT/jlv Encl. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 TRUDELL CONSULTING ENGINEERS, Inc. December 1, 1987 Jane B. Lafleur City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Green Tree Park Dear Jane: fl As you are aware, Green Tree Park has been held up in its State Act 250 application. We had what we feel will be the last hearing on November 20, 1987, and are now awaiting a decision from the District Commission. Therefore we respectfully request an extension to the Planning Commission approval of August 11, 1987 for Condition 6 on the filing of final plans. When we receive a decision, assuming a favorable one that will require no modifications to the plan, we shall submit the final plans. I believe all other conditions of the approval have been complied with, except for Conditions 4 and 5 relative to fees and bonds. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. Richard P. Trudell RPT/jlv 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 PLANNER 658-7955 Richard Trudell 14 Blair Park Road Box 308 Williston, Vermont J City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 05495 ;august 24, 1987 Re: Green Tree Park Subdivision Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the corrections made to the minutes of July 14, 1987, Planning Commission meeting. Please call me at 658-7955 if you have any questions. Sincerely, L' L,L, Jane B. Lafleur, City Planner JBL/mcp PLANNER 658-7955 I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 7, 1987 Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, Vermont 05495 Re: Green Tree Park Subdivision Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my comments to the Planning Commission regarding your plan. Please be sure someone is present on Tuesday, August 11, 1987 to represent your plan. Sincerely, k1 -j Kathryn Perkins, Acting City Planner KP/mcp Encls cc: Invrest Christopher D'Elia PLANNER 658-7955 City of South Burlinp;ton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 July 20, 1987 f Mr. Richard Trudell Route 2A, Box 308 Williston, Vermont 05495 Re: Green Tree Park Subdivision Dear Dick_: ZONING ADMINISTRATOR 658-7958 On Tuesday July 14, 1987, the Planning Commission reviewed your access alternative plan for Green Tree Park which proposed a cul de sac instead of a through road to .Gregory Drive. With the understanding that the City had.made an agreement with Mr. Gregory to accept Gregory Drive as a City Street, if he complied with the City's requests, the Planning Commission preferred a through road rather than a cul de sac. I will forward to you the minutes from the meeting when they arrive. If you have any questions, please feel free to call me at 658- 7958. Sincerely, Kathryn Perkins, Acting City Planner KP/mcp TRUDELL CONSULTING ENGINEERS, Inc. July 7, 1987 Kathryn Perkins, Acting Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Green Tree Park Dear Ms. Perkins: Green Tree park, Inc. is requesting a change of the preliminary plans approved by the Planning Commission on May 12, 1987. The changes are: 1) Elimination of the through road connection to Gregory Drive. 2) Construction of a second cul-de-sac in lieu of the through road. 3) Relocation of the storm water detention pond from the Gregory parcel to Lot 12 of Green Tree Park. 4) Offer of two alternate right of ways to the Gregory parcel. This request is made for the following reasons: a) Stipulation #16 of the Planning Commission approval made this project contingent on the acceptance of work over which the applicant has no control. b) During our Act 250 application, the Regional Planning Commission requested that we not connect the roads due to the existing traffic congestion on Route 2. It is my understanding that you will present the sketch plans we provided you with to the Planning Commission on July 14th. Based on our discussion we are proceeding with revisions to the plans to effect this change. We will have plans into you prior to July 21st for a hearing on August llth. Very truly yours, T L ONSU NG ENGINEERS, INC. 4R*d P. Trudell RPT/jlv cc: Ken Desmond 14 BLAIR PARK ROAD BOX308, WILLISTON, VERMONT 05495 (802) 879-6331 SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES (802) 862-6451 JAMES D. FOLEY (802) 863-2857 STEVEN F. STITZEL RICHARD F. PETERSON, JR. July 9, 1987 Ms. Kit Perkins c/o Municipal Offices 575 Dorset Street South Burlington, VT 05403 Re: Green Tree Park Dear Kit: You have requested my opinion regarding the enforceability of Condition No. 8 imposed upon the Green Tree Park Subdivision in connection with its pre- liminary plat approval on May 12th. This condition provides in part that "no building permits will be issued before the through street is constructed to Gregory Drive." If this condition is intended to prohibit the issuance of building permits for the lots in Green Tree Park until such time as Gregory Drive is established as a through street from Williston Road to Shun Pike Road, I am concerned that it might unreasonably delay the developers of Green Tree Park. As you are aware, Gregory Drive which presently passes through the Gregory Industrial Park is intended to become a City street. However, because Gregory Drive has not been constructed to City standards, the City is reluctant to accept it as a public street at this time. I am unable to say exactly how long it may be before this matter is resolved. Until such time as that portion of Gregory Drive located in Gregory Industrial Park becomes a public road, Gregory & Daughters Construction Company is the legal owner of the road and controls its use. Therefore, if the developers of Green Tree Park are directed to establish Gregory Drive as a through street (from Williston Road to Shun Pike road) they will have to obtain a right of way from Gregory & Daughters for permission to use Gregory Drive until it becomes a public street. This imposes a potentially heavy burden on these developers and, indeed, one they may not be able to meet if Gregory & Daughters refuses to grant the requested right of way. To justify a condition of this type, the Planning Commission should have compelling traffic data substantiating the need for the through access to Williston Road. It is my understanding that such traffic data has not been presented to date. In the absence of such data, I would strongly recommend against imposing the above referenced condition. Very truly yours, Steven F. Stitzel SFS:ljj PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 May 22, 1987 0 Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road P.O. Box 308 Williston, Vermont 05495 Re: Green Tree Park, Kimball Avenue Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes from May 12, 1987 Planning Commission meeting. A final plat must be submitted within 12 months. If you have any questions please call me at 658-7958. Sincerely, Kathryn Perkins, Acting Planner Kp/mcp 1 Encl cc: Invrest Christopher D'Elia PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 May 8, 1987 Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road P.O. Box 308 Williston, Vermont 05495 Re: Green Tree Park, 200 Shunpike Road Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Please be sure someone is present Tuesday, May 12, 1987 to represent your application. Sincerely, Jane B. Lafleu City Planner ' JBL/mcp Encls cc: Green Tree Park, Inc. C. ww 5s 0 e4k -� E\,fl UlM gUMtiMClpy Y tf SO �'4 O^ City of South -Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 j~fp �70WX M'pG PLANNER 658-7955 February 20, 1987 Dick 'lrudell Trudell Consulting Engineers 14 Blair Park Road Williston, Vermont 05495 Re: 1NVREST, Shunpike Road Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the Februar10, 1987 Plannapproval. ing Commission minutes. You may file for preliminary at ,your convenience. Sincerely, J J Jane B. Lafleur, City Planner JBL/mcp ]. Encl cc: INVR.IST E J City of South Burlington rn 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 February 6, 1987 Dick Trudell Trudell Consulting Engineers 14 Blair Road Williston, Vermont 05495 Re: INVREST, Shunpike Road Dear Mr. Trudell: ZONING ADMINISTRATOR 658.7958 Enclosed are the agenda and my comments to the Commission. Please be sure someone is present on 'Tuesday, February 10, 1987 to represent your request. Sincerely, J(LN2� tLA_ Jane B. Lafleur, City Planner JBL/mcp Encls cc: INVREST City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 February 6, 1987 Dick 'I'rudell Trudell Consulting Engineers 14 Blair Road Williston, Vermont 05495 Re: INVREST, Shunpike Road Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my comments to the Commission. Please be sure someone is present on 'Tuesday, February 10, 1987 to represent your request. Sincerely, Jam.�tt&Lk- Jane B. Lafleur, City Planner JBL/mcp Encls cc: INV'REST I TRUDELL CONSULTING ENGINEERS, Inc. `-�Ij k c April 9, 1987 Ms. Jane LaFleur, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: Green Tree Park Dear Jane: Enclosed are four sets of plans for Green Tree Park (formerly Invrest). Please schedule us for a preliminary plat hearing at the earliest date. Very truly yours, TRUDELL ,CONSULTI'G ENGINEERS, NC. R chard P. Trudell RPT/jlv Encl. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 ,1 State of Vermont ' r LAND USE PERMIT AMENDMENT Case No. #4C0149-1 Laws/Regulation Name: Green Tree Park 10 V.S.A., Chapter Address: c/o Powerline Communication 151 (Act 250) 123 Industrial Ave. Environmental f Williston, Vermont Protection Rules; Chapter 3, Subdivisions, Robert: & Richard Willis Chapter 7, Sewage Shunpike Road Chapter 8 Water Williston, VT District Environmental Commission #4 hereby issues a Land Use Permit Amendment #4C0149-1, pursuant to the authority vested in it in 10 V.S.A., Chapter 151. This permit amendment applies to the lands identified in Book 158, Page 367, of the land records of South Burlington, Vermont, as the subject, of a deed to Robert and Richard Willis and under option to Green Tree Park, Inc., the "Permittee as grantee". This permit. speoi.fi_cal.ly authorizes the Permittee to subdivide a 29.46 acre tract of land into 13 lot commercial/industrial park with 2100 feet of road and ser�-ed by municipal wat:,er and sewer located off of Shunpike Road in South Burlington, Vermont. The Permittee, and their assigns and successors in interest, are obligated by this permit to complete, operate, and maintain the project as approved by the District Commission in accordance with the following conditions: 1.. The project shall be completed, operated and maintained as set. forth in Findings of Fact and Conclusions of Law 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. The District. Environmental Commission maintains continuing jurisdiction during the lifetime of the permit. and may periodically require that the permit holder file an affidavit certifying that the project is being completed, operated and maintained in accordance with the terms of the permit. Page 2 Land Use Permit 44CO149-1 3. By acceptance of the conditions of this permit without appeal., the Permittee confirms and agrees for themselves and all assigns and successors in interest thatt 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. 4. Prior to commencement of construction on any Lot within this subdivision the Permittee, Green Tree Park and any purchaser or tenant of any lot shall file an amendment application under criteria 1(Air), l(B), 4, 7(fire services), 8, 9(F). This amendment application shall be accompanied by evidence of conformance to the Findings under Criteria l(B), 2 and 3, 5, and 9(J) which shall. include a cumulative impact statement. 5. The project is approved for the following maximum cumulative impacts: 695 vehicle parking spaces; 3738 gallons per day of water and wastewater; 1337 vehicle trips per day; 272 AM peak hour vehicle trips; 289 PM peak hour vehicle trips. These impacts shall not be Exceeded without the prior writ.t.en approval of the District Environmental Commission. 6. This permit hereby incorporates all of the conditions of the Subdivision Permit #EC-4-1120 issued on August 5, 1987 by the Regional Engineer., Division of Protection, Department of Environmental. Conservation, Agency of Natural Resources. 7. Prior to commencement of construction the Permitee shall file a Highway Access Permit from the Agency of Transportation with the District Environmental Commi_ssiorr. 8. The Permi.t.tees shall. apply and maintain calcium chloride on al.l roadways or disturbed areas within the project. during construction and until the site is paved and vegetnt.ion is fully established to control dust. 9. Tmmedi.ately upon commencement of construction t.ho Permi t.t.ees shall install the stabilized. construction entrances. Page 3 Land tJse Permit #4C0149-1 10. The Permittees and all. assigns and successors in interest shall. comply with all of the terms and conditions of the Discharge Permit issued by the Agency of Natural. Resources. 11. The lots approved herein are not approved for any manufacturing use or the on site disposal of any process wastes. The Permittees shall apply and receive approval for any change in the use of the buildings which involves the storage or handling of any regulated stibst.ances or the generation of hazardous wastes. 12. The installation of floor drains in any of'the buildings constructed on lots approved herein are specifically prohibited without the prior written approval of the District Environmental. Commission. 13. The Permittees shall apply to the District Environmental Commission for approval for any change in the use of the building and land which would cause noxious or unhealthy emissions into the air or injection of toxic wastes into the soils 14. The Permittees and all assigns and successors in interest, shal1 install and maintain water conserving plumbing fixtures, including but. not limited to low flush toilets, low flow showerheads, and aerator type car- flow restricted faucets. All leases, deeds, rondomi.n:icam Bylaws for said units shall require the mn in1 enanee of the same. 1.5. The Pet,mit.t'ees, and all. assigns and successors in interest. shall. comply with all of the terms and condAt.ions of the Finn.]. Discharge Permit File No. 04-03-081. 16. The Permittees shall comply with Exhibit #19-22, 25, and 6 for erosion control. Hay bale dams and silt fences shall be installed as depicted on the plans, prier to commencement of construction. The Permittees shall prevent the transport of any sediment beyond that a.r•ea nf,cessary for construction approved herein. From October 1 to April 15-of any calendar year, all. disturbed areas of the construction site shall be mi.i1ched until final vegetative cover is established. Page 4 Land Use Permit #4C0149-1 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. 17. In addition to conformance with the requirements of condition #16, the Permittees shall not cause, permit. or allow the discharge of waste materials into any surface waters. Compl..iance with the requirements of this condition does not, absolve the Permittees from compliance with 10 V.S.A., Chapter, 47, Vermont's Water Pollution Control Law. 18, The Permit:tees and all assigns and successors in interest shall continually maintain the landscaping as approved in Exhibit #48 by replacing any dead or diseased plantings as soon as seasonably possible. 19. The installation of exterior .light fixtures is limited to those approved. in Exhibit #48, and shall be mounted no higher than 20 feet above grade level. All exterior li.ghti.ng shall be installed or shielded in such a manner as to conceal light, sources and reflector surfaces from view beyond the perimeter of the area to be illuminated. 20. No exterior signs shall be installed. without they prior written approval of the District Commission. 21. All. heated structures approved herein shall be constructed to comply with ASHRAE 90-80 standards. The Commission reserves the right to require additional energy conserving measures. 22. The installation and or use of electric resistance space heating is specifically prohibited without the prior written approval of the District Environmental Commission. 23. Should the City of South Burlington at any time agree to accept. any private utilities being then operated by the PC�r.mittees or their assigns and successors in interest, shall be responsible to improve the same to Town specifications and shall deed all lands involved With said improvements to the Town. Page 5 Land Use Permit #4C0149-1 24. Each prospective purchaser of any lots shall be shown a copy of the approved plot plan, Subdivision. Permit, and the Land Use Permit before any written contract of sale is entered into. 25. All amendment applications for the development of these lots shall be filed with complete site plans, landscaping plans, building elevations, sign design and color chips. 26. No further subdivision and/or development of any parcels of land approved herein shall be permitted without the written approval of the District Environmental Commission. 27. Prior to the sale of the eighth lot, the Permittees sha11. submit to the District Environmental Commission an updated traffic report which specifically addresses the wa.rr•ant for a traffic signal at the Route 2 intersection. The Commission will reserve the option to schedule hearings and to evaluate and impose additional conditions with respect to Criteria 5. 28. The Permittees shall reference the requirements and conditions imposed by Land Use Permit #4C0149-1 in all deeds to said lots. 29. All construction on road and utilities for this project must be completed by October 1, 1988. 30. This permit shall expire on October 1, 2018 unless extended by the District Commission. Notwithstanding, this permit shall expire one year from date of issuance if the Permittees has not demonstrated an intention to proceed with the project. 31. Failure to comply with all of the above conditions may be grounds for permit revocation pursuant to 10 V.S.A. Section 6090(b). Page 6 Land Use Permit. Amendment #4C0149-1 Dated at Essex Junction, Vermont., tilis�P day of November, 1987. By Evan C. Archer ;hairman District #4 Commission •�._ Commissioners participating Geoffre,• W. Gr.een, in this decision: Assistant District Coordinator Lynn Whalen Helen Lawrence g«g STATE OF VERMONT DISTRICT ENVIRONMENTAL COMMISSION #4 RE: Green Tree Park, Inc. Application #4C0149-1 c/o Powerline Communications Findings of Fact and 123 Industrial Ave Conclusions of Law and Williston, Vermont 05495 Order., 10 V.S.A., Chapter 151 (Act 250). Richard and Robert Willis Shunpike Road. Williston, Vermont I. INTRODUCTION Application #4C0149-1 was filed by Green Tree Park, Inc. on April 24, 1987 for the subdivision of 29.46 acres into a 13 Lot commerciaL/i.ndustri.al park with 2100 feet of road to be served by municipal water and sewer off of Shunpike Road in South Burlington, Vermont. Under Act 250, project are reviewed based on the 10 criteria of. 10 V.S.A., Section 6086(a) 1-10. Before granting a permit, the District Commission must find that the pr.ojewt complies with these criteria and is not detrimental to the publ i_c health, safety of general welfare. Decisions most be stated in the form of findings of fact and conclusions of law. The facts the Commission have relied upon are container) in the documents on file identified as Exhibits #1 through 454, and the evidence received at a hearing hold on June 1, 1987 and November 20, 1987. The hearing was adjourned on November 20, 1987 upon receipt of all the information and the completion of Commission deliberations. Parties to this application who attended the hearing are: The Applicant: by Robert Willis, Ken Desmond, Steve Bushey, and. Richard Trudell; The Chi..t,tenden County Regional Planning Commission Arthur Hogan; Page 2 Findings of Fact 04C01.49-1 Entry of appearance and Pre Hearing Comments by Frf>d Emigh of the Agency of Environmental Conservation were entered into the record. II. FINDINGS OF FACT_ SECTION 6086(a) (1) WATER AND AIR POLLUTION: The Commission finds that this subdivision will not result in undue air 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 subdivision will not result in undue air, pollution. This finding depends on and is supported. by the following: 1. The Applicant will supply calcium chloride necessary to eontr.ol dust, during construction (Exhibit #6). 2. The building will be heated with natural gas which will not cause undue air pollution (Exhibit #6)• 3. The project will involve the installation of 695 parking spaces. This is below the threshold number of new parking spaces which the Agency of Natural Resources has determined will result in air pollution (Exhibit #6). The Commission finds that the specific building uses are not known at, this time, therefore shall require that each individual lot will be subject to review under Criterion 1 (Air Pollution) as per umbrella permit procedures. SECTION 6086(a) (1) (A) HEADWATERS: The Commission finds that this subdivision is not in a headwaters as defined by this section because the subdivision is not located in a headwaters of watersheds characterized by steep slopes and shallow soils, is below 1500 feet in elevation, and does not supply any significant amounts of recharge to aquifers. Page 3 Findings of Fact 44C01.49-1 SECTION 608�a) (1)._(B) WASTE DISPOSAL: The Commission finds that this subdivision will meet applicable Division of Protection Regulations and will. not result in the injection of waste materials or harmful or toxic substances into groundwater or wells. This finding depend-, on and is supported by the following* 4. The est.i.mated number of gallons generated by the subdivision is 3738 gallons per day. The waste will be connected to the South Burlington Municipal System and disposed of in the Soul,h Burlington Airport Parkway Treatment. Plant (Exhibit #6 ) 5. A Subdivision Permit was issued on August 5, 1987 by the Regional Engineer. Each lot is approved for connection to a municipal. type water system connection to .a municipal. sewage collection system. The project is approved for connection to the Airport Parkway wastewater treatment facility for a maximum of 3738 gallons of sewage per day (Exhibit #6). The Commission accepts this permit as evidence that the project complies with applicable Division of Protection regulations and will not, involve the injection of waste materials or hnrmfixl substances into groundwater or we 1.1. s . 6. The stor.mwater system for this subdivision has been developed to account for all of the stormwat.er runoff and designed so that the post development flows for the park will not. exceed the pre development flow for a 10 year, 24 hour storm (Exhihits #6 and 6A). A Discharge Permit has been issued by the Agency of 'natural Resources whi-oh the Commission accepts as evi.d.ence that the stormwater system complies with the applicable Water Resources Regulations (Exhibit #53). The Commission will limit this subdivision t.o a maximum generation of 3738 gallons per day of sanitary wastes and will require that each amendment application for the development of any lot. detail the estimated sanitary waste generation. Page 4 Findings of Fact. #4C0149-1 Specific uses on lots within this subdivision may involve the storage and handling of regulated and/or hazardous materials or processes which may generate polluting water carried emissions. Therefore, the Commission will require that amendment applications for development of individual lots be reviewed under this subcr.iterion. Additionally, the Commission will specifically prohibit the installation of floor drains in any building constructed on these lots unless specifically permitted by the District Environmental Commission. The Commission will require conformance to the Final Discharge Permit and the Allowable Peak Runoff Per Lot as detailed. in Exhibit #A of the Draft Discharge Permit and will require that, amendment. applications specifically describe the proposed lot coverage. SECTION 6086 (a) (1) (C) WATER__.CONSERVATION_ The Commission finds that this subdivision will. utilize the best available technology for water conservation in these buildings. The finding depends on and is supported by the following: 7. The Protective Covenants require the installation of water saving fixtures with particular attention given to low flow toilets and faucets (Exhibit #46, section 5). The Commission will incorporate these requirement into a permit condition and will require that the covenants be amended. to require the continual maintenance of these fixtures. SECTION 6086 (a) (1) (D) FLOODWAYS_: The Commission finds that this subdivision is not located in any floodway or fl.00dway fringe (Exhibit #1.7). SECTION 6086 a) (1) (E)_STREAMS: The Commission finds that this subdivision has been designed to maintain the natural condition of the streams and will not endanger the health, safety or welfare of the public or adjoining landowners. This finding depends on and is supported by the following: Page 5 Findings of Fact #4C0149-1 8. Muddy Brook is located project. The property at .least 100 feet away adjacent to the proposed line of the proposed project is from Muddy Brook (Exhibit #16). SECTION 6086(a) (1) (F_ SHCM, INES: The Commission finds that this property is not located on any shoreline (Exhibit #6) . SECTION 6086(a) (2 and 3) WATER AVAILABILITY AND IMPACT ON EXISTING WATER SUPPLIES: The Commission finds that this subdivision has sufficient water and will not cause an unreasonable burden on existing water supplies. This finding depends on and is supported by the following: 9. When fully developed, this subdivision will demand 3738 gnllons of water per day. The Champlain Water District has confirmed that there is sufficient water available to meetthis demand (Exhibits *29). The Commission will, limit this subdivision to a ma,:imum usage of 3738 gallons per day of water and will require that. each amendment. application for the development of lot detail the estimated water use. SECTION 6086(a..)..__ 4 SOIL EROSION .AND THE CAPACITY OF THE LAND TO HOLD WATER: The Commission finds that it must require additional measures regarding soil erosion by condition to insure that undue erosion should not result. This finding depends on and is supported by the following: 1.0. The soils on the subject property are varied and t;he topography is generally sloping to the east. Overall. the property has a low to medium potential for erosion. The temporary erosion controls to be employed will consist of a stabilized construction entrance, hay bales check dams and sediment control barriers. Permanent erosion controls will consist of the establishment of of permanent vegetation and stone ri.p rap at all of the stormwater discharge points. These controls will be installed as depicted on Exhibits #6, #19-22, *25. The temporary erosion controls will be inspected daily and these controls and any eroded areas will be repaired or replaced as needed and maintained until permanent vegetation is established (Exhibit #25). Page 6 Findings of Fact #4C0149-1 The Commissi.ori finds that these planned controls should be sufficient to prevent erosion during the construction of the roads and utilities: a) if the disturbed areas are limited to the minimum area necessary to construct the improvements; b) if all disturbed areas of the site are fully stabilized during the wintertime and c) if haybale check dams are installed in the roadway ditches at intervals not greater than 50 feet. The Applicant is advised that no sediment may enter the waters of the State. Any proposed development of these lots must be reviewed through the amendment application process. Plans for such developments must, at a minimum, meet the standards set forth in the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites, Special Publication No.3, Vermont Geolo ical Survey. SECTION 6086La) (5) TRANSPORTATION_ The Commission finds that this subdivision will not. cause unreasonable congestion or unsafe conditions with respect to transportation. This finding depends on and is supported by the following: 11. Access to the project site will align with the Digital Equipment access road on Shunpike Road and a second access road will connect with Gregory Drive in the Gregory Industrial Park to access Route 2 (Exhibit #39 and #49). 1.2. Access to Route 2 from Gregory Drive was previously approved under Land Use Permit #4C0437, July 1980 for 1.25 peak hour vehicle trip ends. The District Environmental Commission required that additional evidence be submitted if the peak hour vehicle trip ends were to exceed this estimate. 13. The estimated peak hour vehicle trips for the proposed subdivision and traffic from the Gregory Industrial. Park is 272 AM trips/hour. and 289 PM trips/hour (Exhibit #39). 14. Sight distances at the intersection with Route 2 are 430' to the west and 500' to the east. The posted speed limit on Route 2 is 40 miles per hour. Sight distances at the intersection of Gregory Drive Extension and Shunpike Road exceeds 500' in both directions (Exhibit #39). Page 7 Findings of Fa t #4C0149-1 1.5. A check for signal warrants tit the two access points indicated that signals are warranted for interruption of continuous flow at the Gregory Drive and Route 2 intersection but, signals are not warranted at the Gregory Drive Extension and Shunpike Road intersection (Exhibit #39). 1.6. A check for left -turn storage lanes at Gregory Drive and Shunpike Road indicates that a left turn lane is not required (Exhibit #39). 17. A check for a left -turn lane at the intersection of Route 2 and Gregory Drive on the northbound lane of Route 2 is warranted (Exhibit #36). The left turn lane shall be constructed by the Applicant as outlined in the intersection Plan for Green Tree Park (Exhibit #49). 18. The Agency of Transportation has reviewed the traffic data, submission and concludes that traffic signal warrants may not be met. The Agency recommends that, due to the uncertainty of how much additional traffic will be utilizing the drive when it is opened, traffic should. be monitored and signal warrants re -addressed at the time when full build out occurs (Exhibit #36). The Agency of Transportation has issued a letter of intent and the Applicants are subject to all terms and conditions of said letter (Exhibit *52). 19. A review of the accident log for mile Route 2 shows 8 accidents within 500 Gregory Drive intersection, Four of collisions and involve four injuries (Exhibit #39). point 2.17 on feet of the these are rear end and no fatalities The District Environmental Commission finds that additional evidence was submitted to exceed the previously approved. 125 peak hour vehicle trips as per Findings of Fact, Land Use Permit #4C0437. However, the Commission also finds that, a left turn lane on Route 2 is warranted and shall be constructed by the Applicant in accordance with Exhibit #49. At this time, the Commission finds that a traffic signal is not warranted. I Page 8 Findings of Fact #4C0149-1 However the Commission will require, prior to the sale of the eighth lot, that an updated traffic report be filed which specifically addresses the need for a traffic signal at. the Route 2 intersection because of the uncertainty of how much traffic will be using this access and the potential. safety hazard of a. traffic signal at this intersection. The Commission will reserve the option to schedule hearings and to evaluate and impose additional conditions with respect to the update traffic report. SECTION (a) (6) EDUCATIONAL SERVICES: The Commission finds that this subdivision will not place an unreasonable burden on the municipality to provide educational services because an increase in school age children is not anticipated with this commercial subdivision (Exhibit #5). SECTION (a) (7) MUNICIPAL SERVICES: The Commission finds that this subdivision will not plane an unreasonable burden on the ability of the municipality to provide municipal or governmental services. This finding depends on and is supported by the following: 20. Muni.cipal water and wastewater capacities are available to service this subdivision (see these Findings under Criteria 1B and 2 & 3). 21. The South Burlington Police Chief has indicated that the project will. not create an undue burden on city police services (Exhibit #1.2). The Commission will review each amendment application for the development of any lot under this criterion to ascertain that. the Fire Department. can provide municipal services to each building. SECTION 60$6(a) (8) AESTHETICS, SCEN_.IC BEAUTY, HISTORIC SITES AND NATURAL AREAS: The Commission finds that the subdivision will not have an undue adverse effect on the scenic or natural beauty of the area, aesthetics, historic sites or rare or irreplaceable natural. areas. The following depends on and is supported by the following: Page 9 l Findings of Fact #4C0149-1 22. The Division of Historic Preservation, Agency of Development and Community Affairs has reviewed the development and has determined that the development area does contain a multi -component prehistoric site. However since the site is heavily- disturbed, the proposed project will not have an undue adverse effect on any properties listed on or eligible for inclusion in the State or National Registers of Historic Places (Exhibit #11). 23. No unusual. wildlife habitat or endangered species have been identified on the project site (Exhibit #10). 24. On the site visit, the Commission observed that the project is located in an open, relatively flat field which was stripped of topsoil under Land Use Permit #4C0149. The site is bordered by the Gregory Industrial Park (a seven lot commercial park) to the east, Digital Corporation to the south and residential and undeveloped land to the west and north. 25. The site is located several thousand feet from Route 2 behind an existing industrial park with access off of Shunpike Road. 26. The covenants establish architectural guidelines which discourage garish, bright colors or materials and encourage the use of simple well proportioned structures using native woods, stone or masonry are desirable. Exteriors will consist of subdued flat finishes with earthen tones and all sides of the building will be required to present a finished appearance (Exhibit #48). Exterior mechanical equipment, mounted on the buildings will. be screened or shielded from view where feasible (Exhibit #46). 27. The subdivision is to be landscaped with 2"-2 1/2" diameter ash trees placed approximately 50 feet on center a -Long both sides of the access road within the subdivision (Exhibit #48). Berms with extensive plantings are designed along the southern and western property lines (Exhibit #46). Page 10 Findings of Fact #4C0149-1 28. The covenants require that each lot be landscaped in general conformance to the typical lot landscaping plan outlined in Exhibit #48 (Exhibit #46). The covenants also require that the purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonably possible (Exhibit #46). 29. All exterior lighting fixtures shall consist of low intensity shielded luminaries mounted on a 20 foot, high maximum pole as depicted. in Exhibit #48. 30. All utilities will be located underground (Exhibit. #41). The Commission finds loss of 29 acres of o adverse impart upon t number of mitigating the project will not following conditions 1) Al.l. buildings and all roofs be colors; that the subdivision will result in the pen space and finds this lose to be an he area. The Applicant has proposed a measures and the Commission finds that have an undue adverse impact if the are imposed: will be finished in receding colors finished in dark, nonreflective 2) All. applications for the development shall. be filed with complete site plans, plans, building elevations, sign design of these lots landscaping and color chips. The Commission will prohibit the installation of any signs until a plan has been submitted for the Commission's review. SECTION _6086.ia L_(U CONFORMANCE WITH THE CAPABILITY AND DEVELOPMENT PLAN: The Commission finds that this subdivision conforms to the capability and development plan. This finding depends on and is supported by the findings noted under the subsections of this criteria. SECTION 6086 a _(9).(A) IMPACT OF GROWTH: The Commission finds that the municipality will be able to accommodate the total growth and rate of growth that will result from this subdivision. This findings depends on and is supported by- the following: Page 11. Findings of Fact #4C0149-1 31. This subdivision will not result in a direct increase of school age children. The City of South Burlington has indicated that the municipal sewer, water, fire and police services can be provided to this subdivision (see these Findings under Criteria l(B), 2 & 3, and 7). SECTION 6086 (a) (9) (B & C) PRIMARY AGRICULTURAL SOILS AND FOREST AND SECONDARY SOILS: The Commission finds that the soils on this parcel can not be considered primary agricultural soils. This finding depends on and is supported by the following: 32. The soils on the tract of land consist of Adams and. Windsor loamy sands (approximately 23 acres); Hinesburg fine sandy loam (approximately 1. acre) and, the Vergenes Clay (approximately 5 acres) variety (Exhibit #17). The Adams and Windsor loamy sands and the Vergenes clay- have a Statewide farmland rating by the Soil Conservation Service and the Hinesburg fine sandy loams have a Prime farmland rating. 33. Approximately 22 acres of" mostly the Adams and Windsor loamy sands were stripped of topsoil under Land Use Permi.t:, #4C0149. 35. To replace the organic matter removed with the topsoil would cost, approximately $3700 per acre for materials plus material costs for spreading and incorporating into the soil or approximately $4368/acre (Exhibits #31 and #32). 36. The average slope of the land. is from 3-5% and the natural drainage of the land is to the southeast (Exhibit # 17) . 37. The Department of. Agriculture finds that the cost to re-establish the soils to primary agricultural status is a limitation which can not easily be overcome and therefore concludes that the soils are not primary agricultural soils as defined by Act 250 (testimony of Amy Justees). The Commission finds that the soils require a significant amount of organic material to rehabilitate the soils to primary agricultural status and that the cost to rehabilitate the soils is a significant limitation which can not be easily overcome. The Commission also finds that the water retention of these soils is just as important as the organic matter content. Page 12 Findings of Fact. #4CO149-1 SECTION _6086(a) (9.) (D "& E)_EARTH RESOURCES AND EXTRACTION OF EARTH RESOURCES: The Commission finds that there are no significant earth resources on this property and that this subdivision does not: involve the extraction of earth resources. However, the Commission will specificall_;- prohibit the removal of any topsoil without prior written. approval. SECTION 6086ia).(9) �_ ENERGY CONSERVATION: The Commi-ssion finds that the planning and design of the subdivision does reflect the principals of energy conservation and does incorporate the best available technology for the efficient use of recovery of energy. This finding depends on and is supported by the following: 38. The Protecti.ve Covenants require that all buildings be designed to consider energy conservation. Proper sitting of buildings will enhance passive or active solar heating and the Vermont Department of Energy Standards will be utilized in the building design (Exhibit #46). The Commission finds that these measures may not be the most energy efficient standards and will therefore reserve the right to require additional energy conserving methods. The Commission will require that the covenants be amended to comply with the ASHRAE 80-90 standards and all heated office space wall be insulated with insulation values of R-19 in the exterior walls, R-38 in the ceilings and R-10 in the foundat.i.on or slab. The Commission will review development proposed for each lot under this subcriterion. The office areas with the buildings will be constructed using minimum insulation values of R-19 in the exterior walls and R-38 in the ceilings and roof. SECTION 6086 a) (9) G PRIVATE UTILITY SERVICES: The Commi-ssion finds that this subdivision will. involve private utilities unless and until. the City of South Burlington accepts them. Therefor<-, the Commission will require that the applicant and a.11 assigns and successors maintain the road, sewer and water lines, stormwater system and other utilities as approved until they are accepted by the City. Page 13 Findings of Fact #4C0149-1 SECTION 6086_CaZ_(9) (H) COSTS OF SCATTERED DEVELOPMENT: The Commission finds that this subdivision is contiguous to similar light industrial and commercial. operations. This finding depends on and is supported by the following: 39. The project, lands are adjacent to the Gregory Industrial Park and Digital Equipment Corporation (Exhibit, #6). SECTION 6086 a __(9) W PUBLIC UTILITY SERVICES: The Commission finds that utility services are available to this development, that excessive or uneconomic: demands will not be placed on such facilities or services, and that the provisions of such services has been planned on the basis of a projection of reasonable population increase and economic growth as evidenced by the letter from Vermont Gas and Green Mountain Power. (Exhib.i.i. #8 and #27). SECTION 6086(a) (9) (K)_DEVELOPMENT AFFECTING PUBLIC INVESTMENTS• The Commission finds that this subdivision will not unnecessarily endanger the public investment or jeopardize the function and safety of the adjoining public roadway network. This finding is basedupon the Commission's previous Findings under Criteria 5. SECTION 6086(a�(9) (L) RURAL GROWTH AREA: The Commission finds that this development is not in a rural growth area as defined by the statute. SECTION 6086 (10) CONFORMANCE WITH THE LOCAL OR REGIONAL PLAN: - — ----- The Commission finds that this subdivision does not have any r.egi.onal impacts and conforms to the South Burlington plan. This finding depends on and is supported by the following: 40. The South Burlington Plan states under Industrial Areas the following: a Page 14 Findings of Fact #4C0149-1 Areas adjacent to the 535 acre Burlington International Airport in the northeast, section of the city contain airport related and other industrial uses and may continue to be developed to those purposes. The Muddy Brook Tndustrial Park is partially developed and the Gregory and Daughters Park has one lot approved for development. and a number of pending approvals (Exhibit #45). III. 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, will not. cause or result, in a detriment to public health, safety or general welfare under the criteria described in 10 V.S..A., Section 6086(a). The Commission concludes that this project, will not cause or result in a detriment to public health, safety or general welfare. IV. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, Land Use Permit #4C0149-1 is hereby issued. Dated at Essex Junction, Vermont this! day of November 1987. 1 By Evan Archer Jr., an District #4 Commis n f�. Y Commissioners parts ipating in Geoffrey-)W. Green, Assistant decision: District #4 Coordinator Evan Archer Helen Lawrence Lynn Whalen gwg EXHIBIT LIST FOR E AP' )CATION #4C0722 page 1 A= APPLICANT E D R X A E N T= TOWN H T C 'P TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 1 4-21-87 A application form by R. Willis (4-20-87) 2 11notice - comm. of cons. req. permit (4-21-87) 3 ifcert. of service form (4-21-87) 4 iflocation map 5 it list of adjoining landowners 6 ifdocument - schedule B Act 250 info. 7 ifchart - Status of Environmental Parameters (3-30-87) 8 ifletter - re: electric service by E. Shlatz 15 " 16 it Green Mountain Power Corp. (2-13-87) letter - re: agricultural soils by A. Jestes, Dept. of Agriculture (2-9-87) letter - re: wildlife habitat impacts by T. Myers, District Wildlife Biologist, AEC (2-9-87) letter - re: historic sites by E. Gilbertson, Div. of Historic Preservation (1-27-87) letter - re: no undue burden on police services by R. MaGee, South Burlington Police Dept. (1-23-87) letter - re: water service by R. Gardner, Champlain Water District (2-2-87) document - proposed Protective Covenants, GreenTree Commercial Park (4-14-87) plan - cover sheet showing location by Trudell Consulting Engineers plan - Subdivision Plat of Green Tree Park by Trudell Consulting Engineers (3-16-87) EXHIBIT LIST FOR AP' E JCATION #4C0722 )ge 2 A= APPLICANT E D R X A E N T= TOWN H T C T TPC = TOWN PLANNING COMMISSION I E E E RPC = Regional Planning Commission B I R AEC = Agency of Environmental Conservation I V E T E D D N B 0. Y NATURE OF EXHIBIT Date Entered 17 14-21-87 1 A plan - Grading Site Plan by Trudell Consulting 18 11 19 " 20 it 21 " 22 " 23 " 24 " 25 1 it 26 27 28 29 30 30A 31 32 33 34 6-1-87 ANR tv A i i 6-23-87 i 8-4-87 " 8-24-87 " 35 undated it Engineers, Sheet SP1 (3-18-87) plan - Planting Plan/Typical Lot by same, Sheet SP2 (1-28-87) plan - Road Profile for Gregory Drive by same Sheet P1 (2-5-87) plan - Road Profile for Gregory Drive by same Sheet P2 (2-9-87) plan - Road Profile for Green Tree Drive by same Sheet P3 (2-13-87) plan - Sewer and Water Detail by same Sheet P4 (2-10-87) plan - Water Details by same, Sheet Dl (1-28-87) plan - Sewer/Drainage Details by same, Sheet D2 (1-28-87) plan - Miscellaneous Details by same, Sheet D3 (1-28-87) Pie -Hearing Comments, by F. Emigh, Land Use Attorney letter from Vermont Gas letter from G. Peebles, Historic Preservation letter from Champlain Water District (6-5-87) document - Draft Discharge Permit (04-03-081) document - Exhibit A, Allowable Peak Runoff Per Lot _letter from D. Hipes, Soil Conservation Service (6-27-87) letter - response to Prime Agric. Soils issue letter from Center for Rural Studies letter from City of South Burlington Planning Commission Chairman (8-20-87) letter from City Planner, South Burlington (7-20-87) EXHIBIT LIST FOR AP. )CATION # 4CO149-1 E X H I B I T N 0. D R A E T C E E I V E D E N T E R E D A = APPLICANT T = TOWN TPC a TOWN PLANNING COMMISSION RPC = Regional Planning Commission AEC = Agency of Environmental Conservation NATURE OF EXHIBIT Date Entered 36 undated A letter - Agency of Transportation Review of Traffic Study (4-29-87) 37 4-18-87 it letter - Agency of Transportation - Applicant contact (4-13-87) 38 undated it letter - Submission of Traffic Study to Agency of Transportation (3-16-87) 39 It it document - Traffic Study 40 IT it document - Accident Report 41 it It Planning Commission minutes (4-12-87) 42 it IT letter - Sewage Capacity, City of South Burlington (6-30-87) 43 itif letter - Health Dept. Approval (6-25-87) 44 8-25-87 ANR Subdivision Permit (8-5-87) 45 6-4-87 A Applicable Sections of Town Plan 46 undated IT Covenants, Green Tree Part: 47 7-31-87 it plan, Final Plan, Gregory Industrial Park 48 it it plan, Planting and Typical Lot Plan (SP2) 49 It it plan, Intersection Plan 50 11-20-87 it memo - Pre -Hearing Memorandum, Paul, Frank and Collins, Inc. (11-20-87) 51. " if letter, South Burlington Planning Commission, P. Jacob (11-20-87) 52 9-25-87 AOT letter - Letter of Intent, AOT Access (9-25-87) 53 10-9-87 ANR Final Discharge Permit - Permits and Compliance Section 54 11-19-87 it Interagency Review Comments u A State of Vermont iudivision Permit LAWS/REGULATIONS INVOLVED CASE NO. EC-4-1120 Chapter 3, Subdivisions APPLICANT Robert & Richard Willis Appendix A, Design Guidlines and Donna Willis Hall ADDRESS c/o Robert Willis Shunpike Road Williston, VT 05495 THIS PERMIT DOES NOT CONSTITUTE ACT 250 APPROVAL UNDER CASE NUMBER 4CO149-1. This project, consisting of a 13 lot commercial subdivision identified as Lots 1 through 13 ranging in size from 1.11 acres to 3.71 acres located off Shunpike Road in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This Permit does not relieve you, as applicant, from obtaining all approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to construction. (2) The subdivision must be completed as shown on the Plans Project 86082, "Subdivision Plat of Green Tree Park" dated 3-16-87; Sheet P-1 dated 2-5-87; Sheet P-2 dated 2-9-87; Sheet P-3 dated 2-13-87; Sheet P-4 dated 2-10-87 and D-2 dated 1-28-87 prepared by Trudell Consulting Engineers, Inc. and which have been stamped APPROVED by the Division of Protection. No changes shall be made to the approved plan without prior written approval from the Agency of Environmental Conservation. (3) A copy of the approved plans and the 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) Each prospective purchaser of any lot of the subdivision shall be shown a copy of the approved plot plan, the engineer's site report, and the Permit prior to conveyance. WATER SUPPLY (5) Each lot is approved for connection to a municipal type water system approved by the Department of Health provided that all construction is in accordance with the approved plans and the Environmental Protection Rules, Effective September 10, 1982. (6) The water main extension is approved provided the water main extension is constructed in strict accordance with the Department of Health's "Letter of ,Approval" to Ken Desmond dated June 25, 1987. SEWAGE DISPOSAL (7) Each lot is approved for connection to a municipal sewage collection system. The work shall be done in accordance with the Environmental Protection Rules, Effective September 10, 1982. (8) The project is approved for connection to the Airport Parkway wastewater treatment facility for a maximum of 3738 gallons of sewage per day. Subdivision Permit EC-4-1120 Page 2 PLUMBING (9) The applicant is hereby notified that all interior waste and water distribution plans must now be reviewed and approved by the Department of Labor and Industry prior to construction. This shall hold true for new buildings containing interior plumbing and for existing buildings where the interior plumbing is to be altered, replaced, or added to. You may contact the Department of Labor and Industry by telephoning 802-828-2106 or by writing to: Department of Labor and Industry, State Office Building, Montpelier, Vermont, 05602. (9) Prior to the construction of any structure on each lot, two sets of the lot's site plan and one set of interior plumbing plans shall be submitted to and authorization for construction granted by the Protection Division. Dated in the Village of Essex Junction, Vermont this 5th day of August, 1987. FOR THE DIVISION OF PROTECTION Ernest P. Christianson Regional Engineer cc: Donald Robisky City of South Burlington Katherine Vose Dept. of Health Dept. of Labor and Industry Trudell Consulting Engineers Vol. 259 Pag �118- 1/27/88 PROTECTIVE COVENANTS GREENTREE COMMERCIAL PARK South Burlington, Vermont THIS DECLARATION, made on the date hereinafter set forth by GREEN TREE PARK, INC., a Vermont corporation with principal place of business in Williston, Vermont ("DECLARANT"); WHEREAS, GREEN TREE PARK, INC. is the developer and subdivider of certain real estate in South Burlington, Vermont, which is specifically described as follows: A 13-lot subdivision containing a total of 29.5 acres, more or less, on the northerly side of Shun Pike Road, so-called, as shown on a plan captioned "Subdivision Plat of Green Tree Park", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, last revised on January 20, 1988, and to be recorded in the South Burlington Land Records. WHEREAS, GREEN TREE PARK, INC. intends to sell and/or develop lots within said property as depicted on said plats. NOW, THEREFORE, GREEN TREE PARK, INC. hereby declares that all said thirteen (13) lots shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions herein set forth. These easements, restrictions, covenants and conditions are intended to protect the value and desirability of the aforesaid real property. They shall run with the aforementioned lots and shall be binding upon all parties having or acquiring any right, title or interest in these lots or any Vol. 259 Page 119 part.thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real property or any part thereof or interest therein. ARTICLE I - DEFINITIONS SECTION 1 - REAL PROPERTY means the entire land area described hereinabove. SECTION 2 - PLAT means the Plat of said real property which is to be filed for recording in the Land Records of South Burlington, County of Chittenden and State of Vermont. SECTION 3 - LOT means the individual parcels of real property to be conveyed within the above described property. SECTION 4 - OWNER means the owner, or the contract purchaser in possession of a lot. ARTICLE II - ARCHITECTURAL CONTROLS SECTION 1 - All lots within the plat are purchased, held or used subject to the architectural controls, conditions and restrictions set forth by this Declaration. No building, fence, wall, hedge or other structure shall be commenced, erected, or maintained upon lots, or any part thereof, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same -2- Vol. 259- Pag//e��120 shall have been submitted and approved in writing as to harmony and topography by the Architectural Control Committee. Plans shall be submitted to the Architectural Control Committee which has been formed by Declarant. In the event the Architectural Control Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications are submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. SECTION 2 - The Architectural Control Committee will consist of three (3) members, one member designated Chairman and one as Secretary. Names and addresses of members are as follows: John K. Desmond, III 17 Woodbine Street Shelburne, VT 05482 John K. Desmond, Jr. 321 Norristown Road Lower Gwynedd, PA 19002 Lee Stranburg 321 Norristown Road Lower Gwynedd, PA 19002 The Committee shall meet upon call by the Chairman, and in his absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at time and place convenient to a majority of the members. A quorum shall consist of two members, and a quorum shall be necessary to carry out functions of the Committee. In the event of resignation of a Committee member, or inability of a member to remain on the -3- c Vol. 259 Page 121 Committee, GREEN TREE PARR, INC., it's successors or assigns, shall decide upon a person to fill the vacancy. Telephone poll vote may be taken in lieu of calling a meeting for the purpose of filling vacancies. This Committee shall terminate one year after sale of the last commercial lot in the subdivision. After the termination of the Architectural Control Committee, one or more lot owners may enforce any of the Protective Covenants in Article III herein, pursuant to Article V, Section 2, herein. SECTION 3 - Guidelines To Be Used By Architectural Control Committee in Evaluation of Applicants: It is intended that the structures and other improvements will become a part of the landscape and blend into their surroundings. Simple, well proportioned structures using native woods, stone or masonry are desirable. The Architectural Control Committee shall not be unreasonable in approving building plans providing that they meet minimum standards. However, for the protection of the other owners, unusual types of buildings may be prohibited. Plans are to be submitted to the Architectural Control Committee. ARTICLE III - PROTECTIVE COVENANTS FOR LAND 6 BUILDING USE SECTION 1 - No construction of buildings may be started on any lot without first obtaining a letter of permission from the Architectural Control Committee, until such time as said Committee is terminated. aM Vol. 259 Page 122 ' SECTION 2 - All buildings constructed hereunder shall conform to the specifications and requirements of the most recent revisions of the State of Vermont electrical code and the uniform building code in force at the commencement of construction. Electrical service shall be underground. SECTION 3 - All buildings shall be constructed on a permanent type foundation. SECTION 4 - All buildings shall be designed to consider energy conservation. All heated structures shall be constructed to comply with ASHRAE 90-80 standards. Proper siting of buildings will enhance passive or active solar heating. The Vermont Department of Energy Standards will be utilized in the building design. SECTION 5 - All plumbing systems including, but not limited to, low flush toilets, low flush showerheads, and aerator -type or flow -restricted faucets, shall be designed to incorporate the use of water saving fixtures. All deeds, leases, Condominium Bylaws or other conveyance documents shall require the lot/unit owner to maintain said water -saving devices. SECTION 6 - Exteriors shall be furnished to blend into the surroundings and the landscaping concept. Subdued flat finishes with earthen tones are preferred to garnish, bright colors or materials. All sides of the building will be required to present a finished pleasing appearance. -5- Vol. 259 Page 123 4-1- SECTION 7- Entrance signs will conform to the typical plan established for the park. One sign will be permitted for each entrance. A primary sign defined as an establishment's major sign and located on the building's main entrance shall: a. relate to the architecture of the building on which it is to be located; b. be compatible with the building or structure in terms of the size, color, shape, material and design; and C. conform with the City of South Burlington sign guidelines. A sign may be illuminated only if the light proposed is steady, stationary, shielded and of appropriate location and intensity. Generally, illumination should enhance the existing architectural qualities of that group of related buildings within which it is installed. SECTION 8 - No building shall be located closer than forty (40) feet from the right of way of Shunpike Road, sixty-five (65) feet from the property line along any adjoining residential property, forty (40) feet from the right of way of the park roads, or fifteen (15) feet from a property line. Additional setback may be required by the Architectural Control Committee if, in their opinion, such requirement would enhance the aesthetics of the park. SECTION 9 - Landscaping shall be required and be in general conformance with the landscape plan for Greentree Commercial Park. Tree species, size and placement will be reviewed by the -6- C Vol. 259 Page ^^124 Architectural Control Committee. Landscaping, other than seeding or sodding of lawns, shall be completed within 12 months from completion date of improvements placed upon the lot by purchaser, the cost of such landscaping to equal or exceed one Percent (1%) of the cost of such improvements. The Purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonally possible. SECTION 10 - Each purchaser shall develop his lot in a manner so as to avoid any undue soil erosion, and will comply with the Erosion Control Plan for Greentree Commercial Park. SECTION 11 - All buildings and landscaped grounds on any lot shall be kept in a safe and reasonable state of repair, cleanliness, and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds having a tendency to spread across property lines shall be kept under control; however, prior to construction of a building, owners shall not be required to maintain their property during the summer months. However, the Architectural Control Committee shall have the option of mowing or leasing the fields for aesthetic purposes. SECTION 12 - No trash, garbage, rubbish, refuse, or other solid waste of any kind, including particularly inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the real property. Garbage and similar solid waste shall be kept in -7- c Vol . 259 Page 125 sanitary containers well suited for that purpose, and the container will be screened from general view by landscaping or fencing. The owner or occupant of each lot shall be responsible for the disposal of solid waste at legally established solid waste disposal facilities outside the real property. The burning of any type of garbage or refuse within the development is prohibited. SECTION 13 - No fuel tanks shall be maintained above ground on any lot without written permission of the Architectural Control Committee which may grant such permission subject to adequate screening and other appropriate requirements. SECTION 14 - No lot shall be used in a fashion which unreasonably interferes with the lot owners, right to the use and enjoyment of their respective properties. Architectural Control Committee shall determine whether any given use of a lot unreasonably interferes with those rights, and such determination shall be conclusive. SECTION 15 - Lighting will be of the non -glare cutoff luminaire variety as depicted on typical details of Greentree Commercial Park. No lighting will be used that interferes with adjoining commercial or residential use. SECTION 16 - Any building encompassing 12,000 square feet or more will be provided with complete sprinkler service for fire protection. SECTION 17 - Each building will be equipped with a remote readout water meter. -8- 4 Vol. 259 Page 126 SECTION 18 - The Owner will remove snow or other debris from around any fire hydrant located on or in front of his property. SECTION 19 - Exterior mechanical equipment, mounted on the buildings will be screened or shielded from view where feasible. SECTION 20 - Each purchaser shall develop his lot in such a manner as to control peak stormwater runoff to predevelopment conditions by the use of retention basins and/or proper grading. The maximum peak runoff for each lot, determined for a 10 year 24 hour storm is: Lot 1 3.3 cfs Lot 8 1.6 cfs Lot 2 3.4 cfs Lot 9 1.0 cfs Lot 3 1.7 cfs Lot 10 1.1 cfs Lot 4 1.9 cfs Lot 11 1.7 cfs Lot 5 1.6 cfs Lot 12 1.7 cfs Lot 6 1.7 cfs Lot 13 2.5 cfs Lot 7 1.6 cfs SECTION 21 - There shall be no outside storage of tractor trailers on any lot for longer than one (1) week. SECTION 22 - There shall be no outside storage of any material, containers, equipment or products unless property reasonably screened from all sides. ARTICLE IV - SUBMITTALS SECTION 1 - The Architectural Control Committee will provide a lot owner with plans of the development typical standards and record drawings of the road and utilities. -9- f -- Vol. 259 Pag�eh127 SECTION 2 - The lot owner will provide the Architectural Control Committee with the following information: a. Site plan drawn at a minimum scale of 1"-40' and contour interval of 2 feet that shows the location of the building, size and arrangement of roads and parking, drainage, roof projections, landscaping, trash storage, exterior storage, location of signs and lighting, and other information that may reasonably be required by the Committee. b. Building elevations of all sides with exterior finish schedules. C. Estimated water consumption and waste water contribution. d. Estimated storm flow and treatment methods. e. Estimate of traffic generation. ARTICLE V - INTERPRETATION, ADMINISTRATION AND ENFORCEMENT OF THESE COVENANTS SECTION 1 - The Architectural Control Committee, as herein provided, shall have primary and exclusive jurisdiction to interpret, administer, and enforce these covenants and find all facts relative to any claimed or suspected violations until all lots are sold by the Declarant. However, the Architectural Control Committee shall not be liable to any owner or other party for failure to enforce any of the covenants herein. SECTION 2 - Prior to the conveyance of the first lot in this subdivision, the Declarant shall incorporate a non-profit owner's association called "Greentree Area Association, Inc.". By taking title to any lot in the subdivision, the record owner shall -10- c Vol. 259 Page 128.: automatically become a member of the Greentree Area Association, Inc., and subject to the rules and regulations of the Association. The primary purpose of the Association shall be to maintain, repair or replace any storm water retention ponds or basins in the subdivision, and the repair, replacement or maintenance of any entrance signs to the Park. The Association shall have the right to assess lot owners based on a per square foot of lot formula, for the reasonable and necessary expenses of the Association. SECTION 3 - After the Declarant has sold the last lot in the park, any of the covenants, restrictions and conditions contained herein may be enforced by one or more lot owners, or the Area Association, by proceeding in law or in equity, against any person or persons violating or attempting to violate same, and the plaintiff may restrain violations of same or recover damages, or both; and the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. ARTICLE VI - MISCELLANEOUS SECTION 1 - The Declarant, its successors or assigns, shall have the right to erect an entrance sign on Lot No. 1 and/or Lot No. 13 near the intersection of Shun Pike Road and Gregory Drive. The subsequent repair, replacement and maintenance of said sign shall be the responsibility of the Greentree Area Association, Inc. -11- 4 Vol. 259 Page 129 SECTION 2 - If the Declarant has permission to erect a sign for the Park on Williston Road at the intersection of Gregory Drive, the Area Association shall also be responsible for the maintenance, repair and replacement of said sign. SECTION 3 - All lot owners shall take title subject to all easements for electricity, sewer, water, storm water, and telephone as shown on the aforementioned site plan or as recorded in the South Burlington Land Records. SECTION 4 - The terms, conditions and restrictions of Land Use Permit N4C0149-1 and Subdivision Permit No. EC-4-1120 recorded in Volume 255 at Pages 543-550 of the South Burlington Land Records, are incorporated herein by reference, and all lot/unit owners shall take subject thereto. Robert V. Willis, Richard T. Willis and Donna Willis Hall join in the execution of this Declaration as present land owners for the sole purpose of agreeing that Lots 3, 4, 5 and 12 as shown on the aforementioned Plat of Green Tree Park, shall be subject to and have the benefit of this Declaration. Dated at LYE ��i,.� t,r,— Vermont, this 2 D-day of �G•�•- wrr� 1988. IN ENCE OF' GREEN TREE PARK, INC. By. 1 ness , Du y Aut orize Agent Witness L -12- c v! Pagee130 Ro ert V. Willis X�X'Cnard T. Wiiiis Donna W11ilS Hal r � Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. —,� At th's IGZ�f1W / �day of ' ' - o �v du y aut ize agent for Green Tree Park, Inc., persona appeared and he acknowledged this in ument b him sealedandsubscribed, to be his free act an e Before me, Notary VU011C STATE OF VERMONT CHITTENDEN COUNTY,Q SS. n/ At this -3 day of Robert V. Wi lis, Richard T. Willis Donna an Wi is Ha personally appeared, and they acknowledged this instrument by them sealed and subscrib d, to th i fre act and deed. Before me, Notary Pu 1c 24:PMC4 -13- Received for record March 10, 1988 at 12:00 noon. n++- — n DUTH BURLINGTON OFFICE GREEN TREE COMMERCIAL PARK ACT 250 APPLICATION vaa: rota -.al NrrL1l,M1'luN PLEASE DO NOT WRITE IN THIS SPACE No.: Filed: (Location) Date: (Signat.ure o Coordinator - 1. APPLICANT NAME: Green Tree Park, Inc. Phone #: (802) 658-6445 Address: %Powerline Communications, 123 Industrial Ave., Williston, VT 05495 2. Owner(s) Name Address Phone No. Robert & Richard Willis, Donna Willis Hall c/o Robert Willis, Shunpike Road, Williston, VT (802) 682-9167 3. Book 158 Page 367 Date of Recording: 2/26/80 4. LEGAL ENTITY Form: Corporation Date Formed: 3/25/87 Place Formed: Burlington Date reg. in VT: 3/25/87 (If partnership, list names and addresses of all partners on separate sheet.) 5. PERSON TO CONTACT Name: Richard P. Trudell Title: Address: Trudell Consulting Engineers, Inc Phone t: (802) 879-6331 6. PROJECT DESCRIPTION: Subdivision of 13 lot commercial/industrial park construction of 2100 ft. of road, connection to municipal water and (Include high and low elevations) 358 - 320 Check the municipal services you intend to utilize: Road Maintenance X Police_X_ Fire Protection__ Solid Waste Disposal Water Supply X Sewage Disposal—X 7. TOWN South Burlington Road t Name: Shunpike Road S. Attach a copy of town highway map showing the exact location of the project. 9. ACRES OWNED: 29.46 Acres involved in project: 29.46 10 11 12 PROJECT TO 13E STARTED: Slimmer 1987, completed: CONSTRUCTION COST: $430.000 1 Lots: 13 Fee: CERTIFICATION: I hereby cortity that I:hr information in the application and the attached schedules are true and accurate, and that, for Act 250 projects only, I have forwarded a com- plete copy of this application to each of the parties entitled to notice pursuant to 10 V.S.A. S6 (Usually the municipality,.the municipal p. annin commission, and the regional pl nni mmiss n.) Fall 1988 990 4Dtte Appllcqnti ( -'�=-- , /87 a ow er s Date N O T I C E COMMENCEMENT OF CONSTRUCTION REQUIRES A PERMIT pursuant to Title 10 VSA Section 6081 (Act 250) "Commencement of construction" isdefinedby Act 250 as "'the construction of the first improvement on the land or to any structure or facility located on the land including work preparatory to construction such as clearing, 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 otherwise transfer an interest in the Land." (Environmental Board Rule 2 (C)). A violation of any provision of the rules if 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 I understand there is to be no site work or construction commenced on this project until a written Land Ilse Permit is issued. I further understand that verbal indication that a Land Use Permit may be issued does not constitute authorization to commence construction. a y 21 Date TI11S NOTICE MUST BE EXECUTED AND RETURNED WITH YOUR LAND USE APPLICATION. CC-EB -8 3 In accordance with Title 10 VSA, §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 planning commission adjoining this project. FEE: $990.00 LIST OF ADJOINING LANDOWNERS AND ADDRESSES: x LOCATION MAP: x COMMENCEMENT OF CONSTRUCTION NOTICE: x I atur. of A—p p1 ican f or es enger I ROJECT LOCATION RED ROIR NAMES OF ABUTTERS FOR GREEN TREE PARK 1. Paul Gogard, 4 Shunpike Road, So. Burlington, Vt. 05403 2. Mary Antonioli, 6 Shunpike Road, So. Burlington, Vt. 05403 3. Edward Fisette, 10 Shunpike Road, So. Burlington, Vt. 05403 4. Robert Snyder, 14 Shunpike Road, So. Burlington, Vt. 05403 5. Archie Cota, Shunpike Road, So. Burlington, Vt. 05403 6. James McQuide, 74A Shunpike Road, So. Burlington, Vt. 05403 7. Allen Currier, 74B Shunpike Road, So. Burlington, Vt. 05403 8. R. Pepperman, Shunpike Road, So. Burlington, Vt. 05403 9. Dorothy Lovering, 84 Shunpike Road, So. Burlington, Vt. 05403 10. John Ahern, Shunpike Road, So. Burlington, Vt. 05403 11. William Szymanski, 4017 Williston Road, So. Burlington, Vt. 05403 12. Reprographics of NE, Inc., 4050 Williston Rd., So. Burlington, Vt. 05403 13. Marquis Brothers Foundations, Inc., 4050 Williston Rd., So. Burlington, Vt. 05403 14. G.W. Gregory, Nob Hill, Williston, Vt. 05495 15. Arthur Rock, Shunpike Road, So. Burlington, Vt. 05403 16. Digital Equipment Corp., 115 Kimball Ave., So. Burlington, Vt. 05403 17. Richard Willis, Richmond, Vt. 05477 18. Wallace Bowes, 251 Shunpike Rd., So. Burlington, Vt. 05403 E3C�"F=nui_F= 13 (--»_:i iLee»-1 c:3 vt AL = Air and Water Pollution Air PgllUtign 1. Describe the type of heating system proposed: (Include 8T8s, if known)x Natural gas provided throughout the park. 2. Describe any process emissions, noxious odors or sources of noise which will result from the project and measures proposed for control., Subject to review for individual lots under "umbrella permit" procedures for co-permittees. 3. Describe methods that will be used to control dust during and after construction: Calcium chloride applied to roadways during construction. 4. Indicate the number of parking spaces proposed: 695 5. If applicable, has an application been made to the Air &uality Section of the Agency of Environmental Conservation? If so, date of application: N/A Water PgllLAtign (A) Headwaters: 1. Does the area qualify as a headwater area as defined in the statute? No 2. If so, describe how the project will affect ground or' surface water quality: N/A (8) kaste Disposal: 1. Describe method of sewage disposal: Connection to South Burlington Municipal System. 2. Estimate the maximum number of gallons of sewage per day to be I generated; 4350 gpd 3. Indicate the type and depth of soils in the sewage disposal area: N/A 4. If a municipal system is to be used, indicate the name of the treatment plant and the uncommitted reserve capacity, if known. South Burlington Airport Parkway Treatment Plant. 5. Has the connection been approved by the municipality? If yes, attach a copy of the approved letter or document. Allocation requested through subdivision process. 6. If a community disposal system is proposed, how and by whom will it be maintained? N/A 7. Has Certification of Compliance with Division of Protection Regulations been applied for? Yes 8. Describe the stormwater disposal system; On -site treatment of storm flows retained to pre -development conditions. Road drainage detained and discharged. 9. Mill the project involve more than 1/2 acre of paved parking? Yes 10. Is a Temporary Pollution or Discharge Permit required? Yes 11. Describe methods of disposal of stumps or other construction debris: No trees on site. Construction debris hauled to landfill. 12. Describe method of storage and disposal of hazardous wastes, if any: Subject to review for individual lots under "unbrella permit" procedures for co-permittees. (C) Hater Conservation: 1. Describe the specific water conserving devices or other practices that will be used: Low flow toilets, faucet aerators. 2. Do deed restrictions, covenants or leases require the installation, maintenance, and continued use of such devices or practices? Yes (D) Floodwaysx ' 1. Indicate high and low elevations of project above mean sea level; Elevation 320 to 358 2. Indicate name of any nearby river or stream and the elevations of the 100 year flood: Muddy Brook. Refer to plans for flood elevations. 3. Hill any portion of the project (including proposed fill or storage areas) be located within the floodway or floodway fringe: No 4. If 03 is yes, it is likely that flows will be restricted or diverted? N/A 5. If #4 is yes, provide calculations of increased downstream peak discharge, if any: N/A 6. Describe any storage of floatabJe materials in the floodway or floodway fringe. N/A (E) Streams: 1. If project is located near a stream or watercourse, provide name of watercourse and distance from nearest disturbed area: 100 ft. from Muddy Brook. . 2. Describe any construction which will disturb the stream in any way: None 3. If stream is disturbed, describe methods that will be employed to maintain the stream in a natural condition; N/A C--w—JL i--eer-1 c::o" A% = | Soil Erosion and the Ability of the Land to Hold Water 1. Describe terrain (including slopes) in areas where earth work is proposed: Gently sloping in area of lots, steep slope adjacent to Muddy Brook. 2. Describe soils (or attach Soil Conservation Service Soil Survey Interpretation Sheet, if available): See plans. 3. Describe nature and extent of earth work proposed: Cut and fill site grading in commercial park area and construction of roads 4. Describe the temporary erosion control measures to be utilized: See attached plans. 5. Describe the permanent erosion control measures: Final seeding and mulching disturbed areas. 6. Describe the sequence of the use of erosion control measures during construction if appropriate: See attached plans. 7. Describe any measures or devices that will be used to prevent excessive runoff from the site both during and after construction: Detention pond for road drainage. (--»—:L t--eex-1 c3" t5 = Highway Congestion and Safety 1. Describe the access to the project: Continuation of Gregory Drive and connection to Shunpike Road. 2. Indicate the average daily traffic; 950 trip ends/day. 3. Indicate the peak hour traffic; 206 trips/hour. 4. Describe the site distances at the intersection of the project access with the town or state highway: Exceeds 500 both directions on Shunpike Road. 5. Indicate the speed limit of the town or state highway: I Route 2 40 mph; Shunpike Road 35 mph 6. Indicate the number of parking spaces proposed: 695 7. Provide evidence that the town or state has approved the project access: Through review process of City of So. Burlington. 8. If construction of a road is proposed, provide a typical cross-section and profile (unless waived by Coordinator); See attached plans. C>-1 t--ee»-1 c:)" Educational Services 2. Estimate the number of students resulting from the project: N/A 2. Indicate name and location of primary school (s): N/A 3. Indicate name and location of secondary school (s)x N/A 4. Provide evidence that schools named above will be able to accommodate these additional students; N/A C�'r—j- -t:.a--o—fL c:i" _Z = Municipal Services 1. Check the municipal services that will be utilized: Police (X/; Fire Protection (X); Solid haste Disposal ( Nater Supply (X); Sewage Disposal (X); Road Maintenance (X); Other 2. Attach letter from representatives of any of the services checked � above which indicate that the services are available and will not be unreasonably burdened by the project. (Ensure that the responses from the fire department and ambulance service address | the adequacy of emergency vehicle access), | C:�»-1 -t-eer-j- c:�" E3 = / Scenic or Natural Beauty, Aesthetics, Historic Sites, Natural Areas or Necessary Wildlife Habitat 1. Describe the site (including terrain and existing vegetation and buildings, if any); Open field, previously stripped of topsoil under Permit #4C0149. 2. Describe the proposed landscaping (include numbers, species, size of new plantings, and areas of existing vegetation to be retained): Refer to attached plans. 3. Describe any provisions for maintenance of landscaping and other improvements; Refer to covenants. 4. Describe exterior lighting including fixture type, pole heights and locations; Individual lots to have shielded source light fixtures, maximum height 20 ft. 5. Describe all exterior signs (include materials, colors, and type of illumination): See attached sketch. 6. Describe building exteriors (including material and colors); Subject to review for individual lots under "umbrella permit" procedures for co-permittees. 7. Indicate the location and description of any trash or garbage storage areas or receptacles: Subject to review for individual lots under "umbrella permit" procedures for co-permittees. S. Describe any known historic sites, natural areas, or necessary wildlife habitat that will be affected by the project: See attached letters. 1 Conformance with the Capability and Development Plan (A) Impact of Growth; (only complete if instructed to do so by the Coordinator) 1. Does the town have a duly adopted capital improvement program (defined as a plan of capital projects such as physical betterments or improvements, machinery, or land, including the estimated costs and proposed methods of financing): 2. Estimate the total additional revenues to the town resulting I from this project: 3. Estimate the additional costs to the town for the following services: education highway access and maintenance sewage , , disposal, water supply, and the police and fire service: (8) & (C) primary and Secondary Agricultural Soils 1. Describe the type of soils: Adams and Vergennes. 2. Nhich of these soils qualify as primary agricultural'soils or forest or secondary agricultural soils pursuant to the definitions in Section 6001 (8) and (15)x Both qualify. However, topsoil was removed under previous Permit #4C0149. 3. Describe how the potential of these soils for agriculture or forestry will be affected by this project; N/A 4. If the potential of these soils will be significantly reduced by the project, respond on a separate sheet to the appropriate subsections of the subcriteria of 6086(A), 9(8), and 9(C). N/A (D) Earth Resources: 1. Describe any mineral or earth resources on the site with a high potential for extraction: N/A 2. Describe how subsequent extraction or processing of these minerals or earth resources will not be prevented or interfered with: N/A (E) Extraction of Earth Resources,- 1. Does the project involve the extraction of any resources (including topsoil)? If yes, describe in detail the site reclamation plan: No (F) Energy Conservation: 1. Describe site related energy conservation considerations including building orientation, protective vegetation, and | solar access; Site has good solar potential. 2. Describe all building related energy conservation measures: Subject to review for individual lots under "umbrella permit" procedures for co-permittees. 3. For large commercial or industrial projects, provide evidence that the structure and mechanical systems conform to | ASHRE 90-80 standards; Subject to review for individual � lots under "umbrella permit" procedures for co-permittees. (G) Private Utility Services; 1. Describe any private utility systems proposed (i.e. water, sewer, stormwater, roads, etc.): N/A 2. Describe type of surety to be provided to protect the municipality in the event that it is required to assume the responsibility for these services or facilities: Bonds as required by the City of South Burlington, 3. Include a copy of restrictive covenants to be used in deeds, or bylaws of any homeowners or condominium associations. Attached. (H) Costs of Scattered Development: 1. Describe the location of the project in relation to the nearest existing settlement: Adjacent to Gregory Industrial Park and Digital Equipment Corporation. 2. If the project is not contiguous to an existing settlement, describe how the additional costs of public services or facilities will not outweigh the tax revenue and other public benefits: N/A (J) Public Utility Services: 1. List any necessary supportive governmental or public utility services demanded by the project: Electrical service, telephone service, gas service. 2. Indicate why an excessive or uneconomic demand will not be I placed on such facilities or services: See attached letters. (K) Development Affecting Public Investments: 1. List any adjacent governmental and public utility facilities, services and lands, including highways, airports, waste disposal facilities, office and maintenance buildings, fire and police stations, universities, schools, hospitals, prisons, jails, electric generation and transmission facilities, oil and gas pipelines, parks. hiking trails, forest and game lands, etc.: N/A 2. Indicate why the project will not adversely affect any such adjacent property: N/A C:,-o—j- -t--eeo-1 c:D" I CD = Conformance with Local or Regional Plan or Capital Program 1. Does the municipality have a duly adopted plan? Yes 2. Explain how the project conforms to this plan: Located in Industrial Commercial zone. 3. Explain how the project conforms to the regional plan: Located in properly zoned area. 4. Explain how the project conforms to a duly adopted capital program: Existing sewer was planned with service to this area. IGREEN TREE PARK Status of Environmental Parameters March 30, 1987 ---------------------------------------------------------------------------------------------------------------------- Lot # Acreage 1 Building Size 1 Employees Parking 1 Traffic 1 Wastewater 1 Stormwater Planned Actual 1 Planned Actual Planned -Planned-Actual-1-Planned-Actual ---------------------- 1 3.56 1 23261 39 --Actual-1-Planned-Actual- 93 127 i 585 i 3.3 2 3.71 ; 24241 41 96 132 615 3.4 f 3 1.85 f 12087 20 48 65 300 1.7 4 2.14 : 13982 23 i 55 { 76 i 345 i 1.9 5 1.70 1 11107 IB 1. 44 60 270 1.6 6 1.80 1 11761 19 i 47 i 64 i 285 1.7 I 7 1.70 : 11107 18 44 60 { 270 i 1.6 8 1.76 1 11499 19 i 45 62 285 1.6 9 1.11 7252 f 12 29 i 39 180 1 10 I 1.16 7579 { 12 30 41 { 180 11 1.1 11 1.01 ; 11826 20 i 47 i 64 300 i 1.7 12 1.79 11695 19 46 i 63 i 285 1.7 13 ! ---------------------------------------------------------------------------------------------------------------------- 2.74 17903 30 i 71 i 97 450 2.5 Total 26.83 175300 0 290 0 695 0 950 0 4350 0 24.8 0 Building size based on 151 of Lot area Employees based on 1.7 per 1000 sq. ft. Parking spaces based on I per 250 sq. ft. Traffic based on 5.46 trips per 1000 sq. ft. Wastewater based on 15 gpd per employee Planned stormwater flow equals predevelopment conditions Stormwater from the road ROW is an additional 3.0 cfs GREEN TREE PARK GREEN MOUNTAIN POWER CORPORATION GREEN MOUNTAIN DRIVE • BOX 850 • SO. BURLINGTON, VT 05402 • (802) 864-5731 February 13, 1987 Trudell Consulting Engineers, Inc. Box 308 14 Blair Park Road Williston, VT 05495 ATTN: Mr. Richard P. Trudell Dear Mr. Trudell; We have reviewed your request of January 20, 1987, which requests Green Mountain Power Corporation's ability to serve the electrical load for the proposed thirteen lot industrial sub- division, know as Invrest, on Shunpike Road in the City of South Burlington, Vermont. As you know, our comments are required so that a meaningful assessment can be made under 10 VSA Sections 6086 (a)(9)(F) and (J). Green Mountain Power Corporation has estimated the load for your proposed project will be approximately 750 KVA. This re- quirement can be supplied from Green Mountain Power's existing and planned generation sources. We have evaluated the transmission and distribution system that will be used to serve your project's requirements and have determined that existing facilities are adequate for that purpose. We do not anticipate that your addition will require distribution or transmission improvements at this time or accelerate routine system improvements planned for the near future. In view of the above fact, we conclude that the proposed development will not put an excessive or uneconomic demand on Green Mountain Power's facilities. Details concerning service size, scheduling, costs; etc., should be discussed with R. F. Carman of the Williston Commercial Office, Very truly yours, Eugene L. Shlatz Director of Engineering ELS/dth STATE OF VERMONT DEPARTMENT OF AGRICULTURE OFFICE OF THE COMMISSIONER DIVISION OF AGRICULTURAL DEVELOPMENT DIVISION OF ANIMAL & DAIRY INDUSTRIES DIVISION OF PLANT INDUSTRY. LABORATORIES & STANDARDS February 9, 1987 Mr. Richard Trudell Trudell Consulting Engineers Box 308 Williston, VT 05495 RE: Invrest Proposed Commercial/Industrial Project, South Burlington; Primary Agricultural Soils Dear Dick: The Invrest property is under the jurisdiction of Land Use Permit No. 4C0149. At present it is questionable if these soils are primary agricultural soils because the topsoil depth may be insufficient to support crops. In issuing LUP #4C0149, the Commission found that the soils would retain their productive capacity and be returned to hay production. The Findings of Fact, at lg., 3a., and 4a. state the permittee's intent to restore the site to hay production. My assumption is that if the site were restored as specified the productive capability of the soils on the site has, to some level, been maintained or restored. In order to determine if the soils on this site are primary agricultural soils, it would be best to make an on -site investigation in the spring (after snowmelt) to assess topsoil conditions and existing vegetation. The Soil Conservation Service should assist in making this assessment. I understand, however, that your client will probably go forward with this application before spring, in which case the test pit data and whatever other information you have developed will have to provide the basis for an assessment. Sincerely, Amy Jes es Resources Planner AJ/td cc: Donald Hipes, District Conservationist �enL of cxwuTY DEPI'. OF AGRICULTURE® 1 1 6 STATE STREET/STATE OFFICE BUILDING, MONTPELIER, VERMONT 05602 (802) 828-2500 State of Vermont IDepartment of Fish and Wildlife Department of Forests, Parks, and Recreation Department of Water Resources & Environmental Engineering State Geologist INatural Resources Conservation Council AGENCY OF ENVIRONMENTAL CONSERVATION DEPARTMENT OF FISH AND WILDLIFE T"'111 West Street ❑ 255 N. Main Street Essex Jct., VT 05452 Barre, VT 05641 (802) 879-6563 (802) 828-2454 ❑ RR *1, Box 33 ❑ 3.80 Portland Street N. Springfield, VT 05150 St. Johnsbury, VT 05819 (802) 886-2215 (802) 748-8787 ❑ RFD 1, Pittsford Academy Pittsford, VT 05763 (802) 483-2300 February 9, 1987 Mr. Richard P. Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, VT 05495 Dear Mr. Trudell: I have reviewed your plans for the proposed Invrest subdivision in South Burlington and do not anticipate any adverse impact on wildlife populations or habitat as outlined under Criterion 8 of Act 250. Thank you for the opportunity to review your plans in the early stages. Sincerely, Thomas R. Myers District Wildlife Manager TRM/tg STATE OF VERMONT AGENCY OF DEVELOPMENT AND COMMUNITY AFFAIRS OFFICE OF THE SECRETARY (802) 828-3211 DEPARTMENTS OF: Economic Development 828.3221 Housing & Community Affairs 828-3217 January 27, 1987 Mr. Richard P. Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road, Box 308 Williston, Vermont 05495 MONTPELIER, VERMONT 05602 DIVISIONS OF: Administration 828-3231 Historic Preservation 828-3226 Vermont Travel Division 828-3236 Vermont Life Magazine 828-3241 Re: Invrest Commercial/Industrial Development, South Burlington. Pre -Act 250. Dear Mr. Trudell: Thank you for the opportunity to comment on the above -referenced pro- ject. The Division is providing the following comments for purposes of Cri-terion 8, 10 V.S.A. Chapter 151 (Act 250). A multi -component prehistoric archeological site (Vt-CH-18) is located within the project area. This site was first recorded by Dr. William Haviland of the University of Vermont in 1968 and was field checked by the crew of the Chittenden County Archeological Survey in 1977. Although this site may well have contained valuable archeological infor- mation, it has been heavily disturbed by a topsoil removal operation. Since the site has been heavily disturbed, it is our opinion that the proposed project will not have an undue adverse effect on any properties listed on or eligible for inclusion in the State or National Registers of Historic Places. Sincerely, DIVISION FOR HISTORIC ESERVATION Eric Gilbertson Director/Deputy State Historic Preservation Officer EG/CC/cjd cc Katherine Vose SOUTH BURLINGTON POLICE DEPARTMENT 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 Richard G. Carter, Chief Telephone (802) 658-1050 January 23, 1987 Richard P. Trudell Trudell Consulting Engineers, Inc. 14 Blair Road P. 0. Box 308 Williston, Vermont 05495 Dear Mr. Trudell: I have reviewed the sketch plan for the proposed crcial/ industrial project off Shunpike Road for Invrest and find no objection to the project at this time. The project will not create an undue burden of the city services rendered by this department. Sincerely, �� dte-- Ray MaGee Ac g Chief CHAMPLAIN WATER DISTRICT 403 QUEEN CITY PARK ROAD SO. BURLINGTON, VERMONT05401 February 2, 1987 Mr. Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, VT. 05495 Re: Act 250 Review - Proposed Water Main Loop Between Shunpike Road and Gregory Drive, South Burlington, Vermont Dear Dick, I have reviewed your sketch plan for the above referenced project and make the following comments. 1. I believe the concept of looping is a sound one and will insure an adequate water supply. 2. The CWD can supply water to a project of this nature without encumbering its present users. However, I certainly would want to review the water requirements of each individual lot as it is developed before making a final determination of ability to serve. If you have any questions or I can be of further assistance please do not hesitate to call. Very truly yours, CHAMPLAIN WATER DISTRICT suer 6. 'k� o Robert L. Gardner Assistant Manager cc: E. Blake S. Messina P. Jacob 4/14/87 PROTECTIVE COVENANTS GREENTREE COMMERCIAL PARK South Burlington, Vermont THIS DECLARATION, made on the date hereinafter set forth by GREEN TREE PARK, INC., a Vermont corporation with principal place of business in ("DECLARANT"); , Vermont WHEREAS, GREEN TREE PARK, INC. is the owner of certain real estate in South Burlington, Vermont, which is specifically described as follows: A parcel of land containing 29.5 acres, more or less, on the northerly side of Shun Pike Road, so-called, as shown on a plan dated and to be recorded in the South Burlington Lan Records. WHEREAS, GREEN TREE PARK, INC. intends to sell thirteen (13) lots within said property as depicted on said plats. NOW, THEREFORE, GREEN TREE PARK, INC. hereby declares that all said thirteen (13) lots shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions herein set forth. These easements, restrictions, covenants and conditions are intended to protect the value and desirability of the aforesaid real property. They shall run with the aforementioned lots and shall be binding on all parties having or acquiring any right, title or interest in these lots or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real property or any part thereof or interest therein. ARTICLE I - DEFINITIONS SECTION 1 - REAL PROPERTY means the entire land area described hereinabove. l SECTION 2 - PLAT means the Plat of said real property which is to be filed for recording in the Land Records of South Burlington, County of Chittenden and State of Vermont. ISECTION 3 - LOT means the individual parcels of real property to be conveyed within the above described property. SECTION 4 - OWNER means the owner, or the contract purchaser in possession of a lot. DECLARANT shall be considered owner of all lots not yet sold, or those reacquired by it. ARTICLE II - ARCHITECTURAL CONTROLS SECTION 1 - All lots within the plat are purchased j subject to the architectural controls, conditions and restrictions set forth by Declarant. INo building, fence, wall, hedge or other structure shall be commenced, erected, or maintained upon lots, or any part thereof, nor shall any exterior addition to, or change or -2- I alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted and approved in writing as to harmony and topography by the Architectural Control Committee. Plans shall be submitted to the Architectural Control Committee which has been formed by Declarant. i In the event the Architectural Control Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications are submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. SECTION 2 - The Architectural Control Committee will i consist of three (3) members, one member designated Chairman and one as Secretary. Names and addresses of members are as follows: I -3- The Committee shall meet upon call by the Chairman, and in Ihis absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at ` time and place convenient to a majority of the members. A quorum shall consist of two members, and a quorum shall be necessary to carry out functions of the Committee. In the event of resignation of a Committee member, or inability of a Imember to remain on the Committee, GREEN TREE PARK, INC., it's successors or assigns, shall decide upon a person to fill the vacancy. Telephone poll vote may be taken in lieu of calling a meeting for the purpose of filling vacancies. This Committee shall terminate one year after sale of the last commercial lot in the subdivision. After the termination of the Architectural Control Committee, one or more lot owners may enforce any of the Protective Covenants in Article III herein, pursuant to Article V, Section 2, herein. SECTION 3 - Guidelines To Be Used By Architectural IControl Committee in Evaluation of Applicants: It is intended that the structures and other improvements will become a part of the landscape and blend into their Isurroundings. Simple, well proportioned structures using native woods, stone or masonry are desirable. The Architectural Control Committee shall not be unreasonable in approving building plans providing that they meet minimum standards. However, for the protection of the -4- I other owners, unusual types of buildings may be prohibited. Plans are to be submitted to the Architectural Control I Committee. ARTICLE III - PROTECTIVE COVENANTS FOR LAND & BUILDING i7SF. SECTION 1 - No construction of buildings may be started on any lot without first obtaining a letter of permission from the Architectural Control Committee, until such time as said Committee is terminated. SECTION 2 - All buildings constructed hereunder shall conform to the specifications and requirements of the most recent revisions of the State of Vermont electrical code and the uniform building code in force at the commencement of construction. Electrical service shall be underground. SECTION 3 - All buildings shall be constructed on a permanent type foundation. SECTION 4 - All buildings shall be designed to consider energy conservation. Proper siting of buildings will enhance passive or active solar heating. The Vermont Department of Energy Standards will be utilized in the building design. SECTION 5 - All plumbing systems shall be designed to incorporate t1le use of water saving fixtures with particular attention given to low flow toilets and faucets. SECTION 6 - Exteriors shall be furnished to blend into the surroundings and the landscaping concept. Subdued flat finishes with earthen tones are preferred to garnish, bright colors or materials. All sides of the building will be required to present a finished pleasing appearance. SECTION 7- Entrance signs will conform to the typical plan established for the park. One sign will be permitted for each entrance. A primary sign defined as an establishment's major sign and located on the building's main entrance shall: a. relate to the architecture of the building on which it is to be located; b. be compatible with the building or structure in terms of the size, color, shape, material and design; and C. conform with the City of South Burlington sign guidelines. A sign may be illuminated only if the light proposed is steady, stationary, shielded and of appropriate location and intensity. Generally, illumination should enhance the existing architectural gualities of that group of related buildings within which it is installed. SECTION 8 - No building shall be located closer than forty (40) feet from the right of way of Shunpike Road, sixty-five (65) feet from the property line along any adjoining residential property, forty (40) feet from the right of way of the park roads, or fifteen (15) feet from a property line. Additional setback may be required by the Architectural Control Committee if, in their opinion, such requirement would enhance the aesthetics of the park. SECTION 9 - Landscaping shall be required and be in general conformance with the landscape plan for Greentree Commercial Park. Tree species, size and placement will be Q. reviewed by the Architectural Control Committee. f Landscaping, other than seeding or sodding of lawns, shall be completed within 12 months from completion date of improvements placed upon the lot by purchaser, the cost of such landscaping to equal or exceed One Percent (1%) of the cost of such improvements. The Purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonally possible. SECTION 10 - Each purchaser shall develop his lot in a manner so as to avoid any undue soil erosion, and will comply with the Erosion Control Plan for Greentree Commercial Park. SECTION 11 - All buildings and landscaped grounds on any lot shall be kept in a safe and reasonable state of repair, cleanliness, and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds having a tendency to spread across property lines shall be kept under control; however, prior to construction of a building, owners shall not be required to maintain their property during the summer months. However, the Architectural Control Committee shall have the option of mowing or leasing the fields for iaesthetic purposes. SECTION 12 - No trash, garbage, rubbish, refuse, or Iother solid waste of any kind, including particularly inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on -7- ISECTION 17 - Each building will be equipped with a Iremote readout water meter. SECTION 18 The Owner will remove snow or other debris from around any fire hydrant located on or in front of his property. ISECTION 19 - Exterior mechanical equipment, mounted on the buildings will be screened or shielded from view where ffeasible. SECTION 20 - Each purchaser shall develop his lot in Isuch a manner as to control peak stormwater runoff to Ipredevelopment conditions by the use of retention basins and/or proper grading. The maximum peak runoff for each lot, Idetermined for a 10 year 24 hour storm is: Lot 1 3.3 cfs Lot 8 1.6 cfs ILot 2 3.4 cfs Lot 9 1.0 cfs Lot 3 1.7 cfs Lot 10 1.1 cfs ILot 4 1.9 cfs Lot 11 1.7 cfs Lot 5 1.6 cfs Lot 12 1.7 cfs Lot 6 1.7 cfs Lot 13 2.5 cfs Lot 7 1.6 cfs SECTION 21 - There shall be no outside storage of Itractor trailers on any lot for longer than one (1) week. SECTION 22 - There shall be no outside storage of any Imaterial, containers, equipment or products unless property reasonably screened from all sides. ARTICLE IV - SUBMITTALS SECTION 1 - The Architectural Control Committee will provide a lot owner with plans of the development typical Istandards and record drawings of the road and utilities. SECTION 2 - The lot owner will provide the Architectural IControl Committee with the following information: a. Site plan drawn at a minimum scale of 1"-40' and contour interval of 2 feet that shows the location of Ithe building, size and arrangement of roads and parking, drainage, roof projections, landscaping, trash storage, exterior storage, location of signs and lighting, and I other information that may reasonably be required by the Committee. b. Building elevations of all sides with exterior finish schedules. C. Estimated water consumption and waste water contribution. d. Estimated storm flow and treatment methods. e. Estimate of traffic generation. ARTICLE V - INTERPRETATION, ADMINISTRATION AND ENFORCEMENT OF THESE COVENANTS SECTION 1 - The Architectural Control Committee, as herein provided, shall have primary and exclusive jurisdiction to interpret, administer, and enforce these covenants and find all facts relative to any claimed or suspected violations until all lots are sold by the Declarant. However, the Architectural Control Committee shall not be liable to any owner or other party for failure to enforce any of the covenants herein. -10- SECTION 2 - After the Declarant has sold the last lot in the park, any of the covenants, restrictions and conditions contained herein may be enforced by one or more lot owners, by proceeding in law or in equity, against any person or persons violating or attempting to violate same, and the plaintiff may restrain violations of same or recover damages, or both; and the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. ARTICLE VI - MISCELLANEOUS SECTION 1 - The Declarant, its successors or assigns, { shall have the right to erect an entrance sign on Lot No. 1 I and/or Lot No. 13 near the intersection of Shun Pike Road and Gregory Drive. The subsequent repair, replacement and maintenance of said sign shall be the responsibility of said Ilot owner upon whose lot the sign is located. i SECTION 2 - If the Declarant has permission to erect a I sign for the Park on Williston Road at the intersection of Gregory Drive, the lot owners shall be equally responsible for the maintenance, repair and replacement of said sign. ISECTION 3 - All lot owners shall take title subject to all easements for electricity, sewer, water, storm water, and telephone as shown on the aforementioned site plan or as recorded in the South Burlington Land Records. -11- Dated at , Vermont, this day of 1987. IN PRESENCE OF: GREEN TREE PARK, INC. A'ments #2/25/aby By: -12- TRUDELL CONSULTING ENGINEERS, Inc. July 31, 1987 Kathryn Perking, Acting Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Green Tree Park #4C0149-1 Dear Ms. Perkins: Transmitted herewith is an additional submittal for Green Tree Park's Act 250 application. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. Richard P. Trudell RPT/kah 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 TRUDELL CONSULTING ENGINEERS, Inc. July 30, 1987 Mr. Geoffrey W. Greene Assistant District Coordinator_ District Environmental Commission #4 111 West Street Essex Junction, Vemront 05452 RE: Green Tree Park #4C0149-1 Dear Mr. Greene: Transmitted herewith are the following additional items of evidence as requested in your memo of June 2, 1987. 1) a) A letter from C.W. Gregory, owner of the adjoining property, agreeing to party status relative to lot changes, R.O.W., and easements. b) A letter from Bruce Barry and David LaRose, owners of Parcel #5 in Gregory Industrial Park, agreeing to party status relative to lot changes and easements. c) A plat of the revised Gregory Industrial Park. 2) Copies of the traffic report were delivered to your office and Champlain Regional Planning Commission on June 2, 1987. 3) Additional evidence under Criteria 9B consisting of the applicant's statement of position, a letter from the Soil Conservation Service, and a letter from the University of Vermont. 4) A revision to the Protective Covenants that includes the maintenance of the stormwater pond. 5) A draft discharge permit for stormwater. Z a) A letter from Champlain Water District dated June 5, 1987 updating their previous letter. b) Letter of Approval from the Department of Health dated June 25,1987. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 Page 2 7) The applicant is not seeking approval for signs at this time. 8) A copy of a portion of South Burlington's Town Plan. 9) The revised landscaping plan. Additionally we are also submitting the following: a) Letter from the City Manager relative to sewer capacity. b) Plans for intersection improvements on Route 2 at Gregory Drive. c) Letter from South Burlington concerning the .elimination of the through road to Gregory Drive Please schedule a hearing on this project to complete the Commission's review. Copies of this submittal have been sent to the Regional Planning Commission and the City of South Burlington. Very truly yours, 7ILL ONSU NG ENG NEERS, I E. , Richard P. Trudell RPT/jlv Encl. June 30, 1987 District Environmental Commission #4 111 West Street Essex Junction, Vermont 05452 RE: Green Tree Park - #4CO149-1 Dear Commissioners: I agree to be a co -applicant with Green Tree Park Inc. in their application for a Land Use Permit. My status as a co -applicant is limited to the following items: a. Relocation of the R.O.W. on my property and changes in lot configuration as shown on a plat prepared by Krebs and Lansing dated June 16, 1987 titled Final Plan, Gregory and Daughters Industrial Park. b. Construction of a road, related utilities and drainage retention pond on my property. I do not agree to be a co -applicant regarding activities which take place soley on Green Tree Park land and do not affect my property. Sincerely, C.W. Gregory June 30, 1987 District Environmental Commission #4 111 West Street Essex Junction, Vermont 05452 RE: Green Tree Park - #4C0149-1 Dear Commissioners: I agree to be a co -applicant with Green Tree Park Inc. in their application for a Land Use Permit. My status as a co -applicant is limited to the following: A changed in my lot configuration (Lot 5) and the addition of a drainage easement as shown on a plat prepared by Krebs and Lansing dated June 16, 1987 titled Final Plan, Gregory and Daughters Industrial Park. I do not agree to be a co -applicant regarding activities which take place soley on Green Tree Park land and do not affect my property. Sincerely, Bruce Barry, David LaRose P 0e-.7 '&.�W�v . �4)aq.—O, 9B Primary Agricultural Soils It remains the position of the applicant that the majority of the soils do not qualify as primary agricultural soils. Based on soil tests conducted by Trudell Consulting Engineers, as shown on Sheet SP1, approximately 22 acres of the 29 acre site were stripped of topsoil under Land Use Permit #4C0149. The Soil Conservation Service was requested to give their opinion on the soils. An on -site investigation by Don Hipes confirmed the shallow depth of topsoil remaining. However their opinion was that the removal of the topsoil did not, in itself, disqualify the soil as primary agricultural soil. The same letter from the Soil Conservation Service also stated that the replacement of organic matter would be quite costly and closed with the statement that "... it would be unlikely that anyone would be willing to spend the time and money to farm this piece." To qualify as primary agricultural soils, the soils on site must be among other things "... well supplied with plant nutrients or highly responsive to the use of fertilizer ..,". Additionally they must have "... few limitations for cultivation or limitations that are easily overcome." The SCS's estimate is that $3700/acre for materials would be needed to fertilizer the site. Additionally the following costs would be expended (based on Means Site Work Cost Data). Code Item Unit Cost 3800 Spreading $ 667/acre 6250 Tilling into soil $1500/acre The total cost to bring the site back to agricultural use would be $4368/acre. This is in excess of the market value of land purchased for agricultural use. (Such land is priced between $300 and $500 per acre.) Therefore the 22 acres stripped of their topsoil do not qualify as primary agricultural soils, since they are not well supplied with plant nutrients and have a severe economic limitation if an attempt was made to return them to good agricultural soils. The seven acres that were not stripped of their topsoil are not of a sufficient size (generally assumed to be 10 acres) to support an economic agricultural operation. Therefore the applicant remains firm in his position that primary agricultural soils are not an issue in this application. The applicant has also requested an evaluation of the site by the University of Vermont. zX1 United States Soil ` Department of Conservation 12 Market Place, Unit 9 Agriculture service Essex Jct., Vermont 05452 June 23, 1987 Mr. Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston Vermont 05495 Dear Dick: This is to document my on -site review of the primary agricultural soils on the Green Tree Park Subdivision in South Burlington. Topsoil has been removed from a large area at the site. This was mainly done on an area mapped as Adams and Windsor loamy sands in the Soil Survey of Chit- tenden County. I observed two to three inches of topsoil remaining in a ran- dom sample of the area. I conferred with Dave Van Houten, SCS State Soil Scientist, on this matter and his opinion is that the removal of topsoil does not eliminate a soil from the Primary Agricultural Soils category as used in the Act 250 review process. The water holding capacity of the upper 40 inches of soil is more important, and the available water capacity of Windsor sub -soil is adequate to keep it in this category. Dave did give me some data that indicates the replacement of organic matter removed with topsoil would be expensive. To add 3% organic matter to a 6 inch layer of soil using composted manure would cost about $6,000 Der acre. In this case where organic matter needs to be replaced in 4 inches, the cost would be $3700 per acre for materials plus costs for spreading and incorporating into the soil. I do not have the time to do a full cost -benefits analysis on returning this soil to its full agricultural potential but, given the fact that the parcel is not part of an active farm, it would be unlikely that anyone would be willing to spend the time and money to farm this piece. S* cere,l Don Hipes District Conservationist CC: Katherine Vose, Env. Coordinator, 111 West St., Essex Jct., Vt. 05452 0`J The Soil Conservation Service is an agency of the Department of Agriculture -"%, - ma. July 28, 1987 Ms.Katherine Vose District 4 Environmental Coordinator 111 West Street Essex Junction, Vermont 05402 Dear Katherine: 25 HILLS BUILDING COLLEGE OF AGRICULTURE UNIVERSITY OF VERMONT BURLINGTON, VT 05405-0082 I am writing in regard to an Act 250 application submitted by Ken Desmond of Greentree Park, Incorporated. The application seeks to subdivide a 30 acre parcel into 13 lots. The property lies in South Burlington near its eastern border with Williston. The site is surrounded by land currently devoted to non- aaricultural activities on approximately two thirds of its perimeter. Mr. Desmond was referred to the Center for Rural Studies by a soil scientist with the Soil Conservation Service who had informally assessed most of the parcel as no longer suitable for farming. Jeff Green has confirmed that the land was once classified as prime agricultural, but most of it had been stripped for topsoil almost a decade ago. Jeff noted that the parcel was to have been restored to its original productive capacity. As you well know, the Center for Rural Studies does not profess expertise in the soil sciences. (A site visit by our staff would seem to confirm Mr. Desmond's claim that the soil is no longer suitable for farming. Laterite outcroppings penetrate a weak groundcover throughout much of the higher elevations of the parcel.) Mr. Desmond asked us to apply our experience to two questions related to Act 250; the productive capacity of the parcel from an agricultural perspective, and the liklihood that the parcel will, in the future, be pressed to agricultural use. Although we lack specific expertise in the soil sciences, per se. the Center has worked extensively with the small farm and diversified agriculture community in the state, as well as Gardens' for All and, most recently, David Miskell's Premier Organic Vegtables expansion to Tony Perry's project site off Route 7 in Charlotte. Moreover, we serve as host agency for the Vermont State Data Center and in that capacity store and analize economic and demographic trends in the State. Much of our recent work has consisted of the creation of local development plans for a variety of suburban and rural communities in the state. An Equal Opportunity Employer Vose Page Two. The Greentree Project lies toward the visible, outer fringe of southeastward development on the Route 2 corridor. Though it remains visibly a green belt, much of area immediately surrounding the site has been removed from agricultural use. There are no large housing developments or condominiums within easy walkin distance of the property. South Burlington is the seventh largest community in the state, the third largest city. Williston is 29th of 255 in size. Both are, among the most rapidly growing communities in the state and, as I'm sure you are very aware, South Burlington has grown during this decade at a rate three times that or the state. IBM, Pizzagalli Construction Company, Digital Equipment Corporation, Griswold, Rossianol, Reprographics, New England Telephone and others dominate the local economy and contribute to that of the region all from within a mile of the proposed development site. This is a diversified economic profile, one that is venerates considerable internal synergy and, currently, economic multipliers in related industries and services. Despite the worst of economic slumps, it is difficult to imagine pressures on this land sufficient to warrant soil reconstitution and return to agriculture. As indicated, it is equally difficult to imagine suburban pressures in the immediate area of a density to bring this parcel into cultivation as a Garden's for All type area or, more seriously, a market garden site. There are simply too many more fertile and accessible pieces available in nearby neighboring regions. Certainly you will recognize this letter as an atypical, product for the Center for Rural Studies. Because of our service profile at the University, we are pleased to be asked to participate in the quest for new information in a variety of areas. At Greentree's request, we have utilized a variety of secondary data sources to assess current trends and potentails in the project development area. While we typically deal with aggragated, community level data, we feel the striking concentration of industrial and commercial activity in 'near proximity to the site precludes future agricultural use of this land. I welcome the opportunity to discuss the use of our data bases in regards to this type of issue in the future. Sincerly, Frederick E. Schmidt, Director Associate Professor, Agricultural and Resource Economics C.C. Jeff Green, Environmental Board and Kenneth Desmond, Greentree Park. 7/20/87 PROTECTIVE COVENANTS GREENTREE COMMERCIAL PARK South Burlington, Vermont THIS DECLARATION, made on the date hereinafter set forth by GREEN TREE PARK, INC., a Vermont corporation with principal place of business in Vermont ("DECLARANT"); WHEREAS, GREEN TREE PARK, INC. is the owner of certain real estate in South Burlington, Vermont, which is specifically described as follows: A parcel of land containing 29.5 acres, more or less, on the northerly side of Shun Pike Road, so-called, as shown on a plan dated , and to be recorded in the South Burlington Land Records. WHEREAS, GREEN TREE PARK, INC. intends to sell thirteen (13) lots within said property as depicted on said plats. NOW, THEREFORE, GREEN TREE PARK, INC. hereby declares that all said thirteen (13) lots shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions herein set forth. These easements, restrictions, covenants and conditions are intended to protect the value and desirability of the aforesaid real property. They shall run with the aforementioned lots and shall be binding on all parties having or acquiring any right, title or interest in these lots or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real property or any part thereof or interest therein. ARTICLE I - DEFINITIONS SECTION 1 - REAL PROPERTY means the entire land area described hereinabove. SECTION 2 - PLAT means the Plat of said real property which is to be filed for recording in the Land Records of South Burlington, County of Chittenden and State of Vermont. SECTION 3 - LOT means the individual parcels of real property to be conveyed within the above described property. SECTION 4 - OWNER means the owner, or the contract purchaser in possession of a lot. DECLARANT shall be considered owner of all lots not yet sold, or those reacquired by it. ARTICLE II - ARCHITECTURAL CONTROLS SECTION 1 - All lots within the plat are purchased subject to the architectural controls, conditions and restrictions set forth by Declarant. No building, fence, wall, hedge or other structure shall be commenced, erected, or maintained upon lots, or any part thereof, nor shall any exterior addition to, or change or -2- alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted and approved in writing as to harmony and topography by the Architectural Control Committee. Plans shall be submitted to the Architectural Control Committee which has been formed by Declarant. In the event the Architectural Control Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications are submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. SECTION 2 - The Architectural Control Committee will consist of three (3) members, one member designated Chairman and one as Secretary. Names and addresses of members are as follows: -3- The Committee shall meet upon call by the Chairman, and in his absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at time and place convenient to a majority of the members. A quorum shall consist of two members, and a quorum shall be necessary to carry out functions of the Committee. In the event of resignation of a Committee member, or inability of a member to remain on the Committee, GREEN TREE PARK, INC., it's successors or assigns, shall decide upon a person to fill the vacancy. Telephone poll vote may be taken in lieu of calling a meeting for the purpose of filling vacancies. This Committee shall terminate one year after sale of the last commercial lot in the subdivision. After the termination of the Architectural Control Committee, one or more lot owners may enforce any of the Protective Covenants in Article III herein, pursuant to Article V, Section 2, herein. SECTION 3 - Guidelines To Be Used By Architectural Control Committee in Evaluation of Applicants: It is intended that the structures and other improvements will become a part of the landscape and blend into their surroundings. Simple, well proportioned structures using native woods, stone or masonry are desirable. The Architectural Control Committee shall not be unreasonable in approving building plans providing that they meet minimum standards. However, for the protection of the -4- other owners, unusual types of buildings may be prohibited. Plans are to be submitted to the Architectural Control Committee. ARTICLE III - PROTECTIVE COVENANTS FOR LAND & BUILDING USE SECTION 1 - No construction of buildings may be started on any lot without first obtaining a letter of permission from the Architectural Control Committee, until such time as said Committee is terminated. SECTION 2 - All buildings constructed hereunder shall conform to the specifications and requirements of the most recent revisions of the State of Vermont electrical code and the uniform building code in force at the commencement of construction. Electrical service shall be underground. SECTION 3 - All buildings shall be constructed on a permanent type foundation. SECTION 4 - All buildings shall be designed to consider energy conservation. Proper siting of buildings will enhance passive or active solar heating. The Vermont Department of Energy Standards will be utilized in the building design. SECTION 5 - All plumbing systems shall be designed to incorporate the use of water saving fixtures with particular attention given to low flow toilets and faucets. SECTION 6 - Exteriors shall be furnished to blend into the surroundings and the landscaping concept. Subdued flat finishes with earthen tones are preferred to garnish, bright -5- colors or materials. All sides of the building will be required to present a finished pleasing appearance. SECTION 7- Entrance signs will conform to the typical plan established for the park. One sign will be permitted for each entrance. A primary sign defined as an establishment's major sign and located on the building's main entrance shall: a. relate to the architecture of the building on which it is to be located; b. be compatible with the building or structure in terms of the size, color, shape, material and design; and C. conform with the City of South Burlington sign guidelines. A sign may be illuminated only if the light proposed is steady, stationary, shielded and of appropriate location and intensity. Generally, illumination should enhance the existing architectural qualities of that group of related buildings within which it is installed. SECTION 8 - No building shall be located closer than forty (40) feet from the right of way of Shunpike Road, sixty-five (65) feet from the property line along any adjoining residential property, forty (40) feet from the right of way of the park roads, or fifteen (15) feet from a property line. Additional setback may be required by the Architectural Control Committee if, in their opinion, such requirement would enhance the aesthetics of the park. im SECTION 9 - Landscaping shall be required and be in general conformance with the landscape plan for Greentree Commercial Park. Tree species, size and placement will be reviewed by the Architectural Control Committee. Landscaping, other than seeding or sodding of lawns, shall be completed within 12 months from completion date of improvements placed upon the lot by purchaser, the cost of such landscaping to equal or exceed One Percent (1%) of the cost of such improvements. The Purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonally possible. SECTION 10 - Each purchaser shall develop his lot in a manner so as to avoid any undue soil erosion, and will comply with the Erosion Control Plan for Greentree Commercial Park. SECTION 11 - All buildings and landscaped grounds on any lot shall be kept in a safe and reasonable state of repair, cleanliness, and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds having a tendency to spread across property lines shall be kept under control; however, prior to construction of a building, owners shall not be required to maintain their property during the summer months. However, the Architectural Control Committee shall have the option of mowing or leasing the fields for aesthetic purposes. -7- SECTION 12 - No trash, garbage, rubbish, refuse, or other solid waste of any kind, including particularly inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the real property. Garbage and similar solid waste shall be kept in sanitary containers well suited for that purpose, and the container will be screened from general view by landscaping or fencing. The owner or occupant of each lot shall be responsible for the disposal of solid waste at legally established solid waste disposal facilities outside the real property. The burning of any type of garbage or refuse within the development is prohibited. SECTION 13 - No fuel tanks shall be maintained above ground on any lot without written permission of the Architectural Control Committee which may grant such permission subject to adequate screening and other appropriate requirements. SECTION 14 - No lot shall be used in a fashion which unreasonably interferes with the lot owners' right to the use and enjoyment of their respective properties. Architectural Control Committee shall determine whether any given use of a lot unreasonably interferes with those rights, and such determination shall be conclusive. SECTION 15 - Lighting will be of the non -glare cutoff luminaire variety as depicted on typical details of Greentree Commercial Park. No lighting will be used that interferes with adjoining commercial or residential use. SECTION 16 - Any building encompassing 12,000 square feet or more will be provided with complete sprinkler service for fire protection. SECTION 17 - Each building will be equipped with a remote readout water meter. SECTION 18 - The Owner will remove snow or other debris from around any fire hydrant located on or in front of his property. SECTION 19 - Exterior mechanical equipment, mounted on the buildings will be screened or shielded from view where feasible. SECTION 20 - Each purchaser shall develop his lot in such a manner as to control peak stormwater runoff to predevelopment conditions by the use of retention basins and/or proper grading. The maximum peak runoff for each lot, determined for a 10 year 24 hour storm is: Lot 1 3.3 cfs Lot 8 1.6 cfs Lot 2 3.4 cfs Lot 9 1.0 cfs Lot 3 1.7 cfs Lot 10 1.1 cfs Lot 4 1.9 cfs Lot 11 1.7 cfs Lot 5 1.6 cfs Lot 12 1.7 cfs Lot 6 1.7 cfs Lot 13 2.5 cfs Lot 7 1.6 cfs SECTION 21 - There shall be no outside storage of tractor trailers on any lot for longer than one (1) week. SECTION 22 - There shall be no outside storage of any material, containers, equipment or products unless property reasonably screened from all sides. ARTICLE IV - SUBMITTALS SECTION 1 - The Architectural Control Committee will provide a lot owner with plans of the development typical standards and record drawings of the road and utilities. SECTION 2 - The lot owner will provide the Architectural Control Committee with the following information: a. Site plan drawn at a minimum scale of 1"-40' and contour interval of 2 feet that shows the location of the building, size and arrangement of roads and parking, drainage, roof projections, landscaping, trash storage, exterior storage, location of signs and lighting, and other information that may reasonably be required by the Committee. b. Building elevations of all sides with exterior finish schedules. C. Estimated water consumption and waste water contribution. d. Estimated storm flow and treatment methods. e. Estimate of traffic generation. ARTICLE V - INTERPRETATION, ADMINISTRATION AND ENFORCEMENT OF THESE COVENANTS SECTION 1 - The Architectural Control Committee, as herein provided, shall have primary and exclusive jurisdiction to interpret, administer, and enforce these covenants and find all facts relative to any claimed or suspected violations until all lots are sold by the -10- Declarant. However, the Architectural Control Committee shall not be liable to any owner or other party for failure to enforce any of the covenants herein. SECTION 2 - Prior to the conveyance of the first lot in this subdivision, the Declarant shall incorporate a non-profit owner's association called "Greentree Area Association, Inc.". By taking title to any lot in the subdivision, the record owner shall automatically become a member of the Greentree Area Association, Inc., and subject to the rules and regulations of the Association. The primary purpose of the Association shall be to maintain, repair or replace any storm water retention ponds or basins in the subdivision, and the repair, replacement or maintenance of any entrance signs to the Park. The Association shall have the right to assess lot owners based on a per square foot of lot formula, for the reasonable and necessary expenses of the Association. SECTION 3 - After the Declarant has sold the last lot in the park, any of the covenants, restrictions and conditions contained herein may be enforced by one or more lot owners, or the Area Association, by proceeding in law or in equity, against any person or persons violating or attempting to violate same, and the plaintiff may restrain violations of same or recover damages, or both; and the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. -11- ARTICLE VI - MISCELLANEOUS SECTION 1 - The Declarant, its successors or assigns, shall have the right to erect an entrance sign on Lot No. 1 and/or Lot No. 13 near the intersection of Shun Pike Road and Gregory Drive. The subsequent repair, replacement and maintenance of said sign shall be the responsibility of the Greentree Area Association, Inc.. SECTION 2 - If the Declarant has permission to erect a sign for the Park on Williston Road at the intersection of Gregory Drive, the Area Association shall also be responsible for the maintenance, repair and replacement of said sign. SECTION 3 - All lot owners shall take title subject to all easements for electricity, sewer, water, storm water, and telephone as shown on the aforementioned site plan or as recorded in the South Burlington Land Records. Dated at , Vermont, this day of , 1987. IN PRESENCE OF: GREEN TREE PARK, INC. A'ments #2/25/aby By: -12- State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council State Geologist Green Tree Park, Inc. c/o Powerline Communications 123 Industrial Avenue Williston, Vermont 05495 Dear Sir: AGENCY OF ENVIRONMENTAL CONSERVATION 103 Soudi Main Street Waterbury, Vermont 05676 Department of Water Resources and Environmental Engineering WEST OFFICE BU31DING 244-5674 Re: DRAFT DISCHARGE PERMIT File No. 04-03-081 We are proposing to issue you the above referenced permit. A draft of this permit is enclosed for your review. The draft permit is based on information contained in your application and requirements of State and/or Federal laws and regulations providing for the protection of water quality. If the draft permit does not correctly reflect your present operation or if you have any questions pertaining to this permit or you wish to meet with us to discuss it further, please contact us at once. In order to facilitate the issuance of your permit in the shortest possible time, we are also placing it on the required 30-day public notice immediately. If we do not hear from you within 14 days of the date of this letter and if there is no response within 30 days which requires a public hearing or major permit modification, the permit will be sent to the Secretary, or to his designated representative, for final approval and signature. Very truly yours, A;'� ,0 Brian D. Kooiker Water Resources Permit Administrator Permits and Complianoe Section BDK/bb Enclosures: cc: Katherine Vose, District Coordinator Norm Smith, Consulting Engineer 3221811000 Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Page 1 of 3 STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION DEPARTMENT OF WATER RESOURCES & ENVIRONMENTAL ENGINEERING DISCHARGE PERMIT DRAFT In compliance with provisions of 10 V.S.A. 1263 Green Tree Park Inc. c/o Powerline Communications 123 Industrial Avenue Williston, Vermont 05495 File No. 04-03-081 Permit No. and in accordance with "Terms and Conditions" hereinafter specified, the above named permittee is hereby granted permission to discharge stormwater runoff from Green Tree Park, an industrial/commercial park located off the Shunpike Road in South Burlington, Vermont, to Muddy Brook. 1. Expiration Date: March 31, 1992. Note: This permit, unless revoked, shall be valid until the designated expiration date despite any intervening change in water quality, effluent, or treatment standards of the classification of the receiving waters. However, any such changed standard or classification shall be applied in determining whether or not to renew the permit pursuant to 10 V.S.A. 1263. Re -apply for a discharge permit by September 30, 1991. 2. Revocation: 10 V.S.A. 1267 provides as follows: "The Secretary may revoke any permit issued by him pursuant to this subchapter if he finds that the permit holder submitted false or inaccurate information in his application or has violated any requirement, restriction, or condition of the permit issued. Revocation shall be effective upon actual notice thereof to the permit holder." 3. Transfer of Permit: This permit is not transferable without prior wr tten approval of the Secretary. The permittee shall notify the Secretary immediately, in writing, of any sale, lease, or other transfer of ownership of the property from which the discharge originates. The permittee shall also inform the new owner or tenant of his responsibility to make application for a permit which shall be issued in his name. Any failure to do so shall be considered a violation of this permit. 4. Receiving Waters: Muddy Brook Page 2 of 3 5. Manner of Discharge: Permit No. SIN 001 - Via catch basins to an existing storm drainage system along Shunpike Road to Muddy Brook. SIN 002 - Via catch basins and through pipe, to a sedimentation/detention basin, then through a rip -rapped outlet and overland flow across vegetated terrain to Muddy Brook. 6. Wastes Permitted: SIN 001 - stormwater runoff from paved roads and natural terrain after passage through catch basins. SIN 002 - Stormwater runoff from paved roads and natural terrain after treatment of the runoff in a sedimentation/detention basin and by overland flow across vegetated terrain. NOTE: Exhibit A, attached to this permit, lists the maximum allowable rates of discharge for the lots in this industrial park based on a 10 year, 24 hour storm. Each lot owner will be responsible for treatment of stormwater runoff in accordance with applicable permit regulations. 7. Volumes Permitted: The post development peak flow for the park shall not exceed the pre -development peak flow for a 10 year, 24 hour storm. 8. Frequency of Discharge: Daily 9. Operation and Treatment: Treatment as specified in #6 above. For details on the treatment of stormwater runoff for this Trudell Consulting Engineers, Inc. plans and details: Sheet P1 dated 2/5/87; P2 dated 2/9/87; P3 dated 2/13/87; and D2 dated 1/28/87. 10. Maintenance and Maintenance Reporting Requirements: All catch basins, settling ponds, recharge basins, or other treatment devices or facilities shall be maintained in good operating order at all times and shall be cleaned quarterly and at such other times as necessary to maintain design treatment levels. NO LATER THAN JANUARY 31 OF EACH YEAR A WRITTEN REPORT SHALL BE SUBMITTED TO THE DEPARTMENT OF WATER RESOURCES, NPDES PERMIT SECTION, 103 SOUTH MAIN STREET, WATERBURY, VERMONT 05676, PROVIDING THE DATES AND NATURE OF CLEANING OPERATIONS CARRIED OUT IN THE PRECEDING YEAR. Paved Parkinq lots and roads should be swept on a regular basis when seasonally practicable to minimize contaminants carried to the treatment device by runoff. LOT # 1 2 3 4 5 6 7 8 9 10 11 12 13 EXHIBIT A Allowable Peak Runoff Per Lot TOTAL AREA (acres) 3.56 3.71 1.85 2.14 1.70 1.80 1.70 1.76 1.11 1.16 1.81 1.79 2.74 -------------- MAXIMUM RUNOFF ALLOWED FROM LOT TO MUDDY BROOK (c.f.s.) .3.3 3.4 1.7 1.9 1.6 1.7 1.6 1.6 1.0 1.1 1.7 1.7 2.5 --------------------------------------- Page 3 of 3 Permit No. 11. Personnel and Training Requirements: Such personnel and training as necessary to fulfill the requirements of #10 above. 12. Monitoring and Reporting Requirement: No monitoring required; reporting requirement as specified in #10 above. 13. Miscellaneous Requirements: Not Applicable 14. Issue Date of Permit: AGENCY OF ENVIRONMENTAL CONSERVATION By Commissioner Department of Water Resources and Environmental Engineering - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TRANSFER APPLICATION I, , hereby apply for permission to discharge waste into the waters of the State of Vermont under the provisions of Discharge Permit No. , previously issued to Signed: STATE OF VERMONT AGENCY OF ENVIRONMENTAL CONSERVATION 103 SOUTH MAIN STREET WATERBURY, VERMONT 05676 NOTICE: Draft Discharge Permit PUBLIC NOTICE NUMBER: VT-127-87 PUBLIC COMMENT PERIOD: July 10- August 10 PERMITTEE INFORMATION PERMITTEE NAME: PERMITTEE ADDRESS: NPDES NUMBER: N/A FILE NUMBER: 04-03-081 DISCHARGE INFORMATION Green Tree Park, Inc. c/o Powerline Communications 123 Industrial Avenue Williston, Vermont 05495 NATURE: Stormwater runoff.. VOLUME: The post -development peak flow will not exceed the pre -development peak flow for a 10 year, 24 hour storm. RECEIVING WATER: Muddy Brook EXPIRATION DATE: March 31, 1992 DESCRIPTION: This is a draft discharge permit issued to Green Tree Park, Inc. for the discharge of stormwater runoff from Green Tree Park, an industrial/commercial park located off the Shunpike Road in South Burlington, Vermont, to Muddy Brook. a TENTATIVE DETERMINATIONS Tentative determinations regarding effluent limitations and other conditions to be imposed on the pending Vermont permit have been made by the State of Vermont Agency of Environmental Conservation (VAEC). The limitations imposed will assure that the Vermont Water Quality Standards and applicable provisions of the Federal Clean Water Act, PL 92-500, as amended, will be met. -2- FURTHER INFORMATION The complete application, proposed permit, and other information are on file and may be inspected at the VAEC, Waterbury Office. Copies, obtained by calling (802) 244-5674, will be made at a cost of 10 cents per page from 8:00 a.m. to 4:00 p.m., Monday through Friday. PUBLIC COMMENTS/PUBLIC HEARINGS Public comments to the proposed permit are invited, and should be submitted in writing prior to _Aii 19R7 to the Agency of Environmental Conservation, Department of Water Resources and Environmental Engineering, 103 South Main Street, Waterbury, Vermont 05676. Any person, prior to such date, may submit a request in writing to this office for an informal public hearing to consider the proposed permit. A hearing will be held only if response to this notice indicates significant public interest. The file number should appear next to the VAEC address on the envelope and on the first page of any submitted comments. All comments received prior to the above date will be considered in formulation of the final determinations. Once a final permit has been issued following a public hearing and notice of this fact given, any person may, within thirty (30) days after the issuance of such notice, appeal the issuance of the permit to the Vermont Water Resources Board pursuant to Title 10 V.S.A., Chapter 47, subchapter 1269. Jonathan Lash Commissioner Department of Water Resources and Environmental Engineering CHAMPLAIN WATER June 5, 1987 DISTRICT 403 QUEEN CITY PARK ROAD SO. BURLINGTON, VERMONT05401 Mr. Richard P. Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, VT. 05495 RE: Green Tree Park, South Burlington, Vermont Dear Dick, In response to your request for information regarding Champlain Water District capability to supply water to the referenced proposed project we submit the following: 1. Water is supplied to the referenced area via a 24" transmission main. 2. Adequate storage is located and maintained off Dorset Street by a 1.5 million gallon storage tank. 3. Your estimated demand of 5200 gallons per day for this proposed development could be furnished by the Champlain Water District without restricting or encumbering its present users on the CWD supply system. If you have any further questions please do not hesitate to call. Very truly yours, CHAMPLAIN WATER DISTRICT Robert L. Gardner Assistant Manager cc: E. Blake P. Jacob S. Messina STATE OF VERMONT AGENCY OF HUMAN SERVICES Mr. Ken Desmond c/o Powerline Communications 123 Industrial Avenue Williston, VT 05495 Dear Mr. Desmond: DEPARTMENT OF HEALTH 60 MAIN STREET P.O. BOX70 BURLINGTON, VERMONT 05402 June 25, 1987 Project: #715 WSID: #5091 RE: Letter of A royal — Green Tree Parc, Inc. 3 lot Commercial Industrial Park), South Burlington The referenced planning documents are approved in accordance with Section 3.0 of the Vermont Health Regulations, Chapter 5, Subchapter 12 entitled, Public Water System Regulations. This approval, with conditions, is granted based on a review which determined that the proposed works, if built in accordance with the approved planning documents, will conform with our design requirements. The project is represented by Plans and Specifications prepared and submitted by Trudell Consulting Engineers, Inc. last dated June 17, 1987. The project involves a water main extension tapping into an existing 24" Ductile Iron water main on Shunpike Road going along Gregory Drive and on to Green Tree Drive served by the south Burlington Water Department. The project is located across Kimball Avenue from the Digital Equipment Corp. location. There is approximately 2770' of 8" Ductile Iron class 52 water main with four fire hydrants with apurtances to serve this 13 lot commercial/industrial park development. The conditions of approval are: 1. The project must be constructed in accordance with the approved plans and specifications. Proposed deviations from the approved plans and specifications other than minor field changes must be submitted to this office in writing for review and approval before such changes are made. 2. -Construction inspection shall be performed by a competent inspector under the general supervision of a professional engineer. It is the owner's responsibility to insure that inspection is undertaken to assure that the project is constructed in accordance with the approved plans and specifications plus any authorized change orders. 3. The owner or representative shall submit record drawings to this office depicting the system as it was constructed, including field modification. Record drawings shall be developed by the professional engineering firm responsible for observation of construction. Prior to being placed in operation for domestic use, all new portions of the system must be flushed, pressure tested, disinfected and flushed again. Following this procedure, at least two samples must be collected (in our sample bottles), from representative sample points, and sent to our laboratory at 115 Colchester Avenue, Burlington, VT 05401 for bacteriological testing. you must use the form entitled Bacterio'logical Examination of Public Water Supply and indicate on the form that it is for a new system awaiting approval. Negative sample results are required before the system may be placed "on line" for drinking. Sincerely, Harold E. Sargent, P.E. Chief of Technical Services Division of Environmental Health HES/RCB/sc cc: Susan A. Messina, Sup ✓!P ntendent Richard Trudell, P.E. Benson Sargent, P.E., A.E.C. Ernie Christianson, R.E. Rocco Graziano, Water Supply Program Coordinator Industrial Areas ar: The Shunpike Road area off will.iston Road, identified in the 1974 Comprehensive flan as an area for an Industrial Park, has been developed by Digital Corporation. A sleeve under Interstate-89 has allowed the extension of public sewer facilities to southern industrial lots including New England Telephone Company and Semicon. Areas adjacent to the 535 acre Burlington International Airport in the north-east section of the city contain airport -related and other industrial uses and may continue to be developed for those purposes. The Muddy Brook Industrial Park is partially developed and the Gregory and Daughters park has one lot approved for development and a number pending approval. The northern Dorset. Street and San Remo Drive area contains a number of mixed commercial and small industrial uses and is almost completely -developed. Preservation of the residential areas west of Dorset Street, is essential while allowing for a tr{Lnsitional area of light; commercial and residential along Dorset Street. - Recreation Are.a`3_ South Burl i n ; ton c i l-i Zells [lave favorably supported bond issues to purchase 1ecreation lands; and there are many active groups promoting sports, trails, and preservation of natural resources. The Recreation Chapter gives arl inventory and description of the City's recreation areas and recommendations for improvements to. existing areas and ror acquisition of new recreational sites. from City of,South Burlington Comprehensive Plan 1985 F�!alV22240- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. (802) 658-7953 June 30, '1987 Trudell Consulting Engineers, Inc. Box 308 Williston, Vermont 05495 Attn: Richard P. Trudell OFFICE OF CITY MANAGER WILLIAM 1. SZYMANSKI Re: Green Tree Park Shunpike Road South Burlington Dear Dick: The above referenced project will be served by the City sewer system. The estimated flow is 5,200 gpd. This flow will be treated at the Airport Parkway sewage treatment plant. There is sufficient reserve capacity at this plant to process this flow. Very trul yours, William yamnski City Manager WJS/b PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 July 20, 1987 ZONING ADMINISTRATOR 658-7958 Mr. Richard Trudell Route 2A, Box 308 Williston, Vermont 05495 Re: Green Tree Park Subdivision Dear Dick: On Tuesday July 14, 1987, the Planning Commission reviewed your access alternative plan for Green Tree Park which proposed a cul de sac instead of a through road to Gregory Drive. With the understanding that the City had made an agreement with Mr. Gregory to accept Gregory Drive as a City Street, if he complied with the City's requests, the Planning Commission preferred a through road rather than a cul de sac. I will forward to you the minutes from the meeting when they arrive. If you have any questions, please feel free to call me at 658- 7958. Sincerely► d� Kathryn Perkins, Acting City Planner KP/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 1, 1994 Ken Desmond, President Green Tree Park, Inc. 7 Green Tree Drive South Burlington, Vermont 05403 Re: Replacement of Street Trees, Gregory Drive & Green Tree Drive Dear Mr. Desmond: ZONING ADMINISTRATOR 658-7958 There are approximately six (6) street trees within your subdivision that have died. Please have these trees replaced as soon as possible . If you are unable to comply with this request, please let me know. Sin }ely, Raymond J. Belair, Zoning and Planning Assistant RJB / mcp cc: Richard Ward R. ALLAN PAUL JOSEPH E. FRANK PETER M. COLLINS JOHN T. SARTORE (NY) B. MICHAEL FRYE ANTHONY B. LAMB ALAN D. PORT ROBERT G. CAIN (NY) S. CROCKER SENNETT, (� ROBERT S. DIPALMA DAVID A. BARRA STEPHEN J. SOULE (NH) PAUL R. BOWLES GAIL E. HAEFNER CHARLES E. FINBERG WILLIAM J. RYAN OF COUNSEL PAUL, FRANK & COLLINS, INC. ATTORNEYS AT LAW ONE CHURCH STREET P. O. Box 1307 BURLINGTON, VERMONT 05402-1307 TELEPHONE (802) 658-2311 TELECOPIER (802) 658-0042 MONTPELIER OFFICE: 94 MAIN STREET P. O. Box 967 MONTPELIER, VERMONT 05601-0967 TELEPHONE (802) 223-7550 TELECOPIER (802) 223-1107 July 10, 1991 Mr. Dick Ward City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Green Tree Park, Inc. Dear Dick: MICHAEL J. HARRIS (WI) EILEEN M. BLACKWOOD STEPHANIE J. MILLER JOSEPH R. WESTON (NJ, PA) JONATHAN H. STEVENS (OH) KENNETH R. APPLEBY (DC, MD) MARY CASTY WILLIAM D. COHEN (NY, VA) SUSAN J. STECKEL (PA) STEPHEN G. NORTEN CHRISTOPHER MCVEIGH (NE, NY) SUSAN S. BUCHANAN JOHN H. DRAPER, IV NEAL D. FERENC I enclose copies of the Irrevocable Offer of Dedication - Streets, Water Line Easement, Sewer Line Easement, Fire Hydrant Easement, and Easement for Street Extension. As you can see, these copies show the signatures by everyone but the City. If I need to prepare these and obtain signatures once again, I will need authorization from you to reimburse my client the expense. I await your advice. Cordially yours, PAUL, ?F.D,IA�NK & COLLINS, INC. Pete` M. Collins PMC:kd:833 Enclosures R. ALLAN PAUL PAU L, FRANK & COLLINS, INC JOSEPH E. FRANK ATTORNEYS AT LAW PETER M. COLLINS JOHN T. SARTORE ONE CHURCH STREET B. MICHAEL FRYE ANTHONY B. LAMB P. O, BOX 1307 At-AN D. PORT ROBERT G. CAIN BURLINGTON, VERMONT 05402-I307 S. CROCKER BENNETT, II ROBERT S. DIPALMA TELEPHONE (802) 658-2311 DAVID A. BARRA TELECOPIER (802) 658-0042 CHARLES F. STORROW STEPHEN J. SOULE JANE HART MARTER MICHAEL I. GREEN JOHN J. COLLINS PAUL R. BOWLES GAIL E. HAEFNER CHARLES E. FINBERG MATTHEW C. SUSMAN July 14, 1988 JOHN T. LAVOIE MARK A. SINCLAIR MICHAEL J. HARRIS EILEEN M. BLACKWOOD Richard Spokes, Esq. Spokes, Foley & Stitzel PO Box 986 239 South Union Street Burlington, VT 05402-0986 RE: Green Tree Park, Inc. Dear Dick: Lly��WILLI OF COUNSEL MONTPELIER OFFICE 94 MAIN STREET P. 0. BOX 967 MONTPELIER. VT 05602-0967 TELEPHONE (602) 223-7550 I have enclosed three Irrovocable Offers of Dedication in connection with the Green Tree Park Subdivision. I would appreciate it if you would send me back conformed copies after these three documents have been signed by the City and recorded in the land records. Please give me a call if you have any questions. Sincerely.yours, PMC/mb Enclosures 48:PMC7 .Z SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 239 SOUTH UNION STREET P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL RICHARD F. PETERSON, JR. Peter M. Collins, Esq. Paul, Frank & Collins, Inc. P. 0. Box 1307 Burlington, VT 05402-1307 Re: Green Tree Park Dear Peter: (802) 862-6451 (802) 863-2857 TELECOPIER April 5, 1988 (802) 863-2859 I have reviewed the legal documents submitted by your August 6, 1987, letter. As is usually the case, diligence is punished and lethargy reaps it rewards. It is my understanding that your clients delivered a revised plat to Jane LaFleur on March 28th. Fortunately for you, the only revision in this revised plat is a minor adjustment in the sewer and water easement which crosses Lots 1 and 2. As one general comment, L now require,:.a;cop of a t tle„op pion'£ar;,the - subject property primarily to identify underlying liens, mortgages and restrictions. I also request that any individual or entity holding an interest encumbering the subject property join in the offer of dedication to subordinate its interest to the rights granted the City. Please finalize the legal documents for this project at this time with the modifications I have noted below, have them executed and deliver them to me for review and recording: 1. Irrevocable Offer of Dedication - Streets: Subject to the general comments above, this document is in acceptable form. 2. Warranty Deed - Streets: (a) The referenced plan has been recorded in Map Volume 200, at Page 121. IRREVOCABLE OFFER OF DEDICATION] C(OPY STREETS AGREEMENT made this ,0 day of May, 1988, by and between GREEN TREE PARR, INC., of Williston, Vermont (the "OWNER"), and the CITY OF SOUTH BURLINGTON, VERMONT (the "CITY"), WITNESSETH: WHEREAS, the City's Planning Commission has approved a Site Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on April 25, 1988, recorded in Volume 252 at Page 53 of the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner grant an Irrevocable Offer of Dedication for the streets in said Development to the City; and WHEREAS, Owner is proceeding with the development of said Development as depicted on said Plan; and WHEREAS, the Owner has delivered a Warranty Deed to the City for the streets, as shown on said Site Plan. NOW, THEREFORE, in consideration of the final approval by the Planning Commission, and in further consideration of the sum of ONE DOLLAR ($1.00) in lawful money paid by the City to the Owner, and for other good and valuable consideration, it is HEREBY COVENANTED AND AGREED as follows: 1. The Owner herewith delivers to the City a Warranty Deed, an unexecuted copy of which is attached as Exhibit A, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of said Offer of Dedication by the City. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any 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. Donna Willis Hall joins in this offer of dedication in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. 5. Richard T. Willis and Robert V. Willis join in this offer of dedication in order to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. t Vermont, this day of DATED a May, 1988. IN PRESENCE OF: tpTi to s s Witness Witness Witness -2- GREEN TREE PARK, T i y Authorized Agen CITYSOUTH BURLINGTON, VT By: Duly AuthorizedAgent Witness jj Witness W1tne 1� DONNA WILLIS HA". ICHARD T. WILLIS ROBERT V. WILLIS STATE OF VERMONT CHITTENDE%N/ COUNTY, S. SKl At L�/� in��id aunty, on h-' s c�day of 1988, personaliy appeared J, Duly Authorized Agent of GREEN TREE PARK, INC., and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, a �htree act and deed of SEEN TREE PARK, INC. Before m6-, ary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, on this day of May, 19880, personally appeared Duly Authorized Agent of CITY OF SOUTH BURLINGTON, VT, an e acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of CITY OF SOUTH BURLINGTON, VT. Before me, Notary Public -3- STATE OF VERMONT j+�2�2rrr f"� COUNTY, SS. U At Iq"t;1in said County, on this J-6r day f M �$-$'- ersonally appeared DONNA WILLIS HALL, and s�ie o ay. , p acknowledged this instrument, by her her free act and deed. olca me,?- Notary Public Before STATE OF VF4RNONT sealed and subscribed, to be ` COUNTY, SS. At ( , in said County, on this —e of May, , person y appeared RICHARD T. WILLIS, and die acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, Notary is ST E �VERM rjT (��, COUNTY, SS. At in said County, on this<=—)6 day of May, 1988, perso ally appeared ROBERT V. WILLIS, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. n Before me, 1/LJ Notary UlDlic 2:GTP -4- EXHIBIT A WARRANTY DEED STREETS KNOW ALL MEN BY THESE PRESENTS, that GREEN TREE PARR, INC., of Williston in the County of Chittenden and State of Vermont, the "GRANTOR", for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT AND CONVEY unto the CITY OF SOUTH BURLINGTON, VERMONT, a Vermont municipality, the "GRANTEE", and its successors and assigns, a certain parcel of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: The streets known and designated as "Gregory Drive" and "Green Tree Drive" on a Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on April 25, 1988, and recorded in Volume 252 at Page 53 of the City of South Burlington Land Records. Said land and premises are more particularly described as follows: COMMENCING at a point in the northerly sideline of Shun Pike Road, so-called, marked by a concrete monument; thence, proceeding N 23050'51" W a distance of 28.28 feet to a point marked by a concrete monument; thence, proceeding N 21009'09" E a distance of 260 feet to an iron pipe; thence, proceeding N 21009'09" E a distance of 80.69 feet to a concrete monument; thence, proceeding along the curve of said Gregory Drive a radius of 270.00 feet, for a distance of 419.93 feet to a point marked by an iron pipe; thence, proceeding on the same radius of 270.00 feet, a distance of 26.18 feet to a concrete monument; thence, proceeding S 64010154" E a distance of 36.37 feet to a concrete monument; thence, proceeding along the curve of said Gregory Drive for a radius of 330.00 feet, a distance of 166.61 feet to a point marked by an iron pipe in the boundary line between the land and premises of Green Tree Park, Inc. and Gregory & Daughters Industrial Park; thence, proceeding N 8°18144" E a distance of 61.50 feet to an iron pipe; thence, proceeding along the curve of Gregory v Drive for a radius of 270 feet, a distanceof 148.49 feet to a concrete monument; thence, proceeding 64010154" W a distance of 18.37 feet to an iron pipe; thence, proceeding N 64010,54" W a distance of 18 feet to a concrete monument; thence, proceeding along the curve of Gregory Drive a radius of 330.00 feet, for a distance of 136.74 feet to a concrete monument; thence, proceeding N 43041141" W a distance of 15.96 feet to a concrete monument; thence, proceeding N 4053,07" W a distance of 163.26 feet to a concrete monument; thence, proceeding along the curve of Green Tree Drive, so-called, a radius of 270 feet, for ae f 93.45 feet to a concrete monument; thence, proceeding N 14056,38" E a distance of 182.73 feet to a concrete monument; thence, proceeding N 38014102" E a distance of 53.36 feet to an iron pipe; thence, proceeding N 38014,02" E a distance of 45 feet to a concrete monument; thence, proceeding along the curve of the cul-de-sac forming the northerly end of Green Tree Drive a radius of 75 feet, a distance of 117.43 feet to an iron pipe; thence, continuing in the same radius a distance of 61.73 feet to an iron pipe; thence, continuing in the same radius a distance of 117.43 feet to a concrete monument; thence, proceeding S 8020,47" E a distance of 45 feet to an iron pipe; thence, proceeding S 8020,47" E a distance of 53.35 feet to a concrete monument; thence, proceeding S 14056,38" W a distance of 132.73 feet to an iron pipe; thence, proceeding S 14056,38" W a distance of 50 feet to a concrete monument; thence, proceeding in the curve of Green Tree Drive a radius of 330.00 feet a distance eiof 114.21 feet to a concrete monument; thence, proceeding S 4053,07" E a distance of 163.26 feet to a concrete monument; thence, proceeding S 33055,27" W ae of 15.96 feet to a concrete monument; thence, proceeding along the curve of Gregory Drive a radius of 330.00 feet, a distance of 215.02 feet to an iron pipe; thence, continuing in the same radius a distance of 113.27 feet to a concrete monument; thence, proceeding S 21009'09" W a distance of 92.69 feet to an iron pipe; thence, proceeding S 21009'09" W a distance of 248 feet to a concrete monument; thence, proceeding S 66009'09" W a distance of 28.28 feet to a concrete monument situated in the northerly sideline of Shun Pike road; thence, proceeding S 68050,51" E a distance of 100 feet to the point or place of beginning. Being a portion of the land and premises conveyed to the Grantor herein by Warranty Deed from Donna Willis Hall, dated January 28, 1988, and recorded in volume 257 at Pages 367-369 of the City of South Burlington Land Records. -2- By this conveyance, the Grantor herein further conveys, sells and transfers to the Grantee herein, and its successors and assigns, all of the pipes, valves, hydrants, and all other related equipment and appurtenances relating to said sewer system and water system located in, under or upon the land and premises conveyed herein. TO HAVE AND TO HOLD said granted premises, with all of the privileges and appurtenances thereto, to the said GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to its own use and behoof forever; and the GRANTOR, GREEN TREE PARK, INC., for itself and its successors and assigns, does covenant with the GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as above stated; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. Donna Willis Hall joins in this conveyance in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. Robert T. Willis and Robert V. Willis join in this conveyance in order to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. IN WITNESS WHEREOF, we hereunto set our hands and seals this Z day of ,�1988. IN PRESENCE OF: GREEN TREE PARK, INC. n e,'s s ut orized Agen s C66w--'�a Witness —A gun Witness lri Wit ssI n-, - -la ---- 14 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. C�� DONNA WILLIS HALL �J , 6R�CRD T. WILLIS G�►4" v • �-CJ ROBERT V. WILLIS ' AA� l ��, /lc g/G� in said County -on this ofIa , personally appeared Duly Authorized Agent of GREEN TREE PARK, INC., an e acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and ee act an dee Ct EEN TREE PARK, INC. Before me 27Z- , -I Notary Pu is ST TE OF,VERMONT COUNTY, SS. At M Ur1 r in said County, on this 20' dayof Maypersona ly appeared DONNA WILLIS HALL, an s e y' ' acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before m e , Notary FuDlIC ST,TO VERM NT �� COUNTY, SS. At y apear' in said County, on this �e�day of May, , perso a ped RICHARD T. WILLIS, and e acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. 00 1 dA -X-0 Before me, "NotaryASITCO -4- STPOlF� �1ERM NT COUNTY, SS. At V , in said County, on this_ day of May, person y appeared ROBERT V. WILLIS, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. , I n^�J Before me, `1t'�I IIv�(l-� Notary Pu is 3:GTP -5- IRREVOCABLE OFFER OF DEDICATION WATER LINE EASEMENT SEWER LINE EASEMENT FIRE HYDRANT EASEMENT AGREEMENT made this day of May, 1988, by and between GREEN TREE PARR, INC., of Williston, Vermont (the "OWNER"), and the CITY OF SOUTH BURLINGTON, VERMONT (the "CITY"). WITNESSETH: WHEREAS, the City,s Planning Commission has approved a Site Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, as revised on April 25, i 1988, recorded in Volume 252 at Page 53 of the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner indemnify and grant to the City an easement for sewer line purposes, water line purposes and fire hydrants over, on and through portions of the property, said easement to be secured by an Irrevocable Offer of Dedication; and WHEREAS, the easements are to be dedicated to the City free b and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, Owner is proceeding with the development of said project, as depicted on said Plan; and WHEREAS, the Owner has delivered an easement to the City for the area above described. NOW, THEREFORE, in consideration of the final approval by the Planning Commission and for other good and valuable consideration, it is COVENANTED AND AGREED as follows: 1. The Owner herewith delivers to the City an Easement Deed, an unexecuted copy of which is attached as Exhibit A, 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. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any 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. Donna Willis Hall joins in this offer of dedication in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. 5. Richard T. Willis and Robert V. Willis join in this offer of dedication in order to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. DATED atStz1i"t.. -fw , Vermont, this 0 ft day of May, 1988. GREEN TREE PARK, INC. P,,/ ;4L7ns By' Witness Dul Authorized Agen -2- Witness Witness Witness �YWitness Wit es Witness Witn ss Witness CITY OF SOUTH BURLINGTON, VT By: Duly Aut orize Agent DONNA WILLIS HALL RICHARD T. WILL -lb ROBERT ��WILLIS STATE OF VERMONT CHITTENDEN COUNTY, SS. J��t 1� /is ��^ in said County, on this day in of p4�, , persona y appeared '� ' Duly Authorized Agent of GREEN TREE PARK, INC., ana he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and he free act and deed of GREEN TREE PARK, INC. Before m otary P STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, on this day of May, 1988, personally appeared Duly Authorized Agent of CITY OF SOUTH BURLINGTON, VT, an e acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of CITY OF SOUTH BURLINGTON, VT. Before me, Notary Pu is -3- STATE OF VERMONT ilk) CcSbIw1r,i'/ COUNTY, SS. At tq b 11 � 1''e /^ , of May, 1988, personal y appeared acknowledged this instrument, by her free act and deed. /� G me, V L-.c cn � /�`-�d1-JZ / Notary Public Before in said County, on this day DONNA WILLIS HALL, and s-ie — her sealed and subscribed, to be STA, E OF} VERI�ONT 1� J 'l COUNTY, S S . At (4y in said County, on this day of May, i� ► personally appeared RICHARD T. WILLIS, and He acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. I Before me, Notar Pu is ST OFF VERMONT �'�E COUNTY, SS. Atin said County, on this day of May, '198 personally appeared ROBERT V. WILLIS, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before met �� - ��-� Notary Pu is 4:GTP -4- EXHIBIT A EASEMENT DEED EASEMENT FOR SEWER LINES, WATER LINES & FIRE HYDRANTS KNOW ALL MEN BY THESE PRESENTS, that GREEN TREE PARR, INC. of Williston, County of Chittenden and State of Vermont, the "GRANTOR", for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT AND CONVEY unto the CITY OF SOUTH BURLINGTON, VERMONT, a Vermont municipality, the "GRANTEE", and its successors and assigns, the following easements and rights of way: (1) A thirty foot (301) wide sewer and water line easement extending from the easterly sideline of Shun Pike Road, so-called, and extending across the northwesterly corner of Lot No. 2, and then continuing on the boundary line between Lot No. 2 and Lot No. 3 to the westerly sideline of Gregory Drive, all as more fully shown and described on a Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on April 25 1988, and recorded in Volume 252 at Page 53 of the City of South Burlington Land Records; (2) Two (2) twenty foot (201) wide sewer easements, one for the benefit of Lot No. 11, and one for the benefit of Lot No. 10, both of which are shown on the aforementioned Site Plan; (3) Three (3) ten foot (101) by ten foot (10') fire hydrant easements, as shown on the aforementioned Plan. This easement and right of way shall act as a Bill of Sale and does hereby convey the water lines, sewer lines, and fire hydrants and appurtenances thereto. Together with the right to enter on the lands of the within Grantor, its successors and assigns, for repair, maintenance, installation and replacement of said water lines, sewer lines, fire hydrants, and improvements thereto, provided that such entry shall be reasonably necessary to the purposes hereof, and that any such premises will be restored by the City of South Burlington, Vermont, its successors and assigns, to its condition prior to entry, at no cost to the within Grantor, its successors and assigns. Grantor, and its heirs, successors and assigns, shall have the right to make use of the surface of the land, subject to this easement and right of way, such as shall not be inconsistent with the use of the easements by the within Grantee, but specifically shall place no structures, landscaping, or other improvements within said right of way or easement which shall prevent or interfere with Grantee's ability to exercise its rights granted hereunder. TO HAVE AND TO HOLD said granted easements and rights of way, with all of the privileges and appurtenances thereto, to the said GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to its own use and behoof forever; and the GRANTOR, GREEN TREE PARK, INC., for itself and its successors and assigns, does covenant with the GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as above stated; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. Donna Willis Hall joins in the execution of this easement deed in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. -2- Richard T. Willis and Robert V. Willis join in the execution of this easement deed in order to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. IN WITNESS WHER EOF, we hereunto set our hands and seals this Z day of as-y-,1 1988. IN PRESENCE OF: 'Witnesp.) Witness J C, Witness Witness G ' G_ -- Wit e Witnessv M J, k - ' I L, Witne s itness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. GREEN TREE PARK, INC. Du y Aut orize Agent DONNA WILLIS HALL RICHARD T. WILLIS qAS L). ck�,QQL ROBERT V. WILLIS At /,,� < / / 5 , in said Count on this day of � �11 , personally appeared �, ,L .��stita�� Duly AGihor�ized Agent of GREEN TREE PARK, INC., and he I acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and-i":4 free act and de d of EE PARK, INC. f / Before m�5-, ary Pubiic -3- STATE OF VERMONT rj &S11 nr f n COUNTY, SS. u At jk.,., /,�� in said County, on this + dayo f May, 1988, personally appeared DONNA WILLIS HALL, an- sFe- acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me, Notary Pu is IEST OFIVER�O�NT f_ ,C,_I,U� ti� COUNTY, SS. At I )'A of May, 1988, perspnaiiy appeared acknowledged this instrument, by his free act and deed. Before ST OF VERMM��+O,NT (, .� 4`,1,COUNTY, SS. At �ti�Y �'�� , ► of May, 1988, pers?Tially appeared acknowledged this instrument, by his free act and deed. me, (q�u�0H 6a.rv"&�� Notary fublic in said County, on this 2?-- day RICHARD T. WILLIS, and he him sealed and subscribed, to be Notary Public Before 5:GTP -4- in said County, on this day ROBERT V. WILLIS, and he him sealed and subscribed, to be IRREVOCABLE OFFER OF DEDICATION WITH EASEMENT FOR STREET EXTENSION Agreement by and between GREEN TREE PARK, INC., hereinafter referred to as "OWNER" and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "MUNICIPALITY". WITNESSETH: WHEREAS, the MUNICIPALITY's Planning Commission has approved a final subdivision plat entitled "Green Tree Park", dated March 16, 1987, and prepared by Trudell Consulting Engineers, Inc., and revised April 25, 1988, and recorded in Volume 252 at Page 53 of the South Burlington Land Records, and WHEREAS, the final approval of the Planning Commission contains a condition that OWNER convey to City a strip of land for the extension of Green Tree Drive to the northerly boundary of OWNER's lands, as shown on the above -referenced plat; and NOW, THEREFORE, in consideration of the final approval of the MUNICIPALITY's Planning Commission, and for other good and valuable consideration, it is covenanted and agreed as follows: 1. The OWNER herewith delivers to MUNICIPALITY a deed of conveyance, an unexecuted copy of which is attached as Exhibit A, said delivery constituting a formal offer of dedication to the MUNICIPALITY to be held by the MUNICIPALITY until the acceptance or rejection of such offer of dedication by the legislative body of the MUNICIPALITY. 2. The OWNER agrees that said formal offer of dedication is irrevocable and can be accepted by the MUNICIPALITY at any time. 3. OWNER hereby grants and conveys to MUNICIPALITY, an easement and right of way over the lands described in Exhibit A attached to this offer, which easement and right of way shall be for the purpose of constructing roadway improvements and other public improvements including, without limitation, sewer line extensions, water line extensions, storm drainage improvements and sidewalks. MUNICIPALITY may assign its rights under this right of way and easement subject to the condition that such assignment shall be for the purpose of authorizing the construction of roadway and other improvements prior to the acceptance of such roadway and other improvements as public improvements by MUNICIPALITY. 4. Donna Willis Hall joins in this offer of dedication in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. 5. Richard T. Willis and Robert V. Willis join in this offer of dedication in order to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. Al DATED at G/ Vermont, this day of May, 1988. IN PRESENCE OF: ✓,� GREE4Duy PARK, INC. W the s B __ Witness Aut orize Agent Witness Witness Witness 1 ess Wi ness CITY OF SOUTH BURLINGTON, VT By: Duly Autnorized Agent IN DONNA WILLIS HALL r RICHARD T. WILLIS ROB ERT V. WILLIS STATE OF VERMONT CHITTENDEN COUNTY, SS. t �,/p�e /�Sj�in said County,on this �2 day o-,rsona y appeared -.`� IC �e�l1c--2 '7 ► Duly Authorized Agent of GREEN TREE PARK, INC., an e acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and,7me ree act and deed of G EN TREE PARK, INC. Before ��,� Notary Pu is STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, on this day of May, 1988f personally appeared r Duly Authorized Agent of CITY OF SOUTH BURLINGTON, VT, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of CITY OF SOUTH BURLINGTON, VT. Before me, Notary Public -3- STATE OF VERMONT /J(i" h�`�,'-,, COUNTY, SS. At a /LID01 ('e r , in said County, on this -J+� day of May, 8, personally appeared DONNA WILLIS HALL, and s� acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me, Cc-'J' Notary Public SITE OF, VERMONT COUNTY, SS. At , in said County, on this day of May,1988,-peronally appeared RICHARD T. WILLIS, and Hie acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, p Nota Public S VER ONT�EF Qom,'. COUNTY, S S . At in said Count on this da of May, WILLIS,y y, pers na y appeared ROBERT V. WILand he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, 1A Notary rublic 9:GTP -4- WARRANTY DEED STREET KNOW ALL MEN BY THESE PRESENTS, that GREEN TREE PARR, INC., of Williston in the County of Chittenden and State of Vermont, the "GRANTOR", for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT AND CONVEY unto the CITY OF SOUTH BURLINGTON, VERMONT, a Vermont municipality, the "GRANTEE", and its successors and assigns, a certain parcel of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: A strip of land 60.14 feet, more or less, in width, which extends from the northerly sideline of the cul-de-sac on Green Tree Drive as shown on a Subdivision Plan of Green Tree Park, recorded in Volume 252 at Page 53 of the South Burlington Land Records to the northerly sideline of said Subdivision; said strip of land separates Lot No. 6 and Lot No. 7 as shown on said Plan. The strip of land is identified as "60-foot right of way reserved for future street" on the aforementioned Plan. Said strip of land is more particularly described as follows, viz: Commencing at a point in the northerly sideline of the cul-de-sac on Green Tree Drive; thence proceeding N 140 56, 38" E a distance of 173.84 feet to a point; thence deflecting to the left and proceeding N 710 8' 42" W a distance of 60.14 feet to a point; thence deflecting to the left and proceeding S 140 56, 38" W a distance of 177.94 feet to a point on the northerly sideline of said cul-de-sac; thence deflecting to the left and proceeding in and along the curve of said cul-de-sac as shown on the aforementioned Plan to the point or place of beginning. Being a portion of the land and premises conveyed to the Grantor herein by warranty deed from Donna Willis Hall, dated January 28, 1988, and recorded in Volume 257 at Pages 367-369 of the City of South Burlington Land Records. TO HAVE AND TO HOLD said granted premises, with all of the privileges and appurtenances thereto, to the said GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to its own use and behoof forever; and the GRANTOR, GREEN TREE PARK, INC., for itself and its successors and assigns, does covenant with the GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as above stated; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. Donna Willis Hall joins in this conveyance in order to subordinate her mortgage recorded in Volume 257 at Page 370, to the rights granted herein to the City of South Burlington. Richard T. Willis and Robert V. Willis in this conveyance to subordinate their mortgage recorded in Volume 257 at Page 377 of the South Burlington Land Records. IN WITNESS WHEREOF, we hereunto set our hands and seals this t- � a lam' 1 Z day of -may 1988. IN PRESENCE OF: 75:�ZY4�y- - itne s k. r Witness GREEN TREE PARK, INC. • c Du Authorized Agent Witness DONNA WILLIS HALL Witness W-�� 4 v� Wit s 'RICHARD T. WILLIS Witness it rs �� /Wi ess STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OBERT V. WILLIS / FZ A �(, 1 k "� rs i , in said County, on this /Z day of Mir, 1988, personally appeared , k—'- DeEswr'uy-::�> 177 , Duly Authorized Agent of GREEN TREE PARK, INC., and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and t ee act and deed of EN TREE PARK, INC. Before m otary Pu is STATE OF VERMONT 61)CcShitic, fc--- COUNTY, SS. At e/,'er- in said County, on this �-Df-k' day of May, 1988, personally appeared DONNA WILLIS HALL, ancT e acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me, L Notary Public S A' E V E 0, I"j N T � U�j,�� COUNTY, S S . At , in said County, on this day Of May, 1988, p6rs0hily appeared RICHARD T. WILLIS, and acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, J Nota v Public STATE,`QF j7FRM�� COUNTY, S S . r� T� At in said County, on this WU day of May, perso a y appeared ROBERT V. WILLIS, and he acknowledged this instrument, by him his free act and deed. U�A me, 96LMa� Notar PubIic Before 10:GTP sealed and subscribed, to be STiTZEL & PAGE, P.C. A'1"r'ORNEWS AT LAW 171 13AT TE.AY STrtr,r,'r WltLINGTON, VERMONT 05,101 Tf?IJCPIIUNP (Ra21 060-2505 PAX I8021 600-n52 sliluvr•,N 1, $r , 'Q11, PA'1TI It. l'A �*-kvsu Alm V, _ Icy) FAX COVER SHEET DATE: TO: G��,.c� O F : _ FROM: �� • FAX NUMBER OF RECIPIENT: TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: -% Message c �a-� J so, 4, e �uw. � � � _/y �o ko 6-..4.0t.r yam, Faxsheet VERMONT P. OPERTY TRANSFER 1,3A RETURN VERMONT DEPARTMENT OF FAXES s MONTPELIER, VERMONT 05602 1. SELLER (T;;414SFEROR) NAME($) MAILING ADDRESS IN FULL • INCLUDINQ ZIP COD€ SOCIAL SECURITY TAXPAYI"R IOEM Donna Willis Hail, !East Montpelier, VT 05657 �...._,_.,� 008-34-8900 Robert V_ Wi I l i a 2, BUYER (TRANSFEREE) NAMES) City of South Burlington MAILING ADDRESS IN FULL • INCLUDING ZIP CODE 575 Dorset Street, So. Burlington, VT 3. PROPERTY LOCATION (Address in full} - Gregory Drive and Green Tree Drive (streets) a. INTEREST IN PROPERTY 1, FEESIMPLE 3. UNDIVIDE01INTEREST 2, LIFE ESTATE 4. UNDIVIDED..,..%INTEREST 8. FRONTAGE AND DEPYH 8, ❑ TIMESHARE ESTATE 8, Q LEASE 7, TOTAL ACREAGE 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY), 1. [N NONE a. DARN 9. ❑ STORE 2, F7 FACTORY 8. APARTMENT WITH >� DWELLING UNIT$ 10, ] OTHER 3. r7 HOUSE 7, C] MOBILE HOME 4. 0 CAnMPIqL",A�0N 8. ❑ CONDOMINIUM WITH 4" ") DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE L.J NEVER OCCUPIED Lj PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST WK (CHECK ONE): 1, (] PRIMARY RESIDENCE 3. ❑ OPERATING FARM !. COMMERCIAL 7, Q INDUSTRIAL 2. Q TIMBERLAND 4. GOVEANMFNT USE 6, OPEN LAND S. CAMP OR VACATION 10, PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE). 1. [1 PRIMARY RESIDENCE 3. OPERATING FARM a" Q COMMERCIAL 7. INDUSTRIAL 2. C] TIMBERLAND 4. GOVERNMENT USE 8. Q OPEN LAND 8. CAMP OR VACATION 4. DATE OF CLOSING T. EASEMENT 8. OTHER 9. k] OTHER..c4tXP_eta_ ta. E] OTHER strEetz OR 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland, Working Farmland Tax Abatenwi Uas Valos Appraisal Programs)? O Yea 0 No r 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE," • 13, TOTAL PRICE PAIR t ,,__,,,,._,__T�__ is. PRICE PAID FOR REM, PROPERTYr IF LESS THAN FAIR MARKET VALUE, ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY 11 _. - $ 0 18. TAX DUE Enlar *mount from rate schedule oo reverse skis, COMPLM RATE SCHEDULE FOR ALL TRANSFERS 17. DATE SELLER ACOUIRED .L�tG�_ 1e, IPA VERMONT LAND GAINS TAX RETURN IS NOT BCING FILED, CITE EXEMPTION FROM INSTRUCTIONS: exempt ion no. 1 (CONTINUE ON REVERSE SIDE) TOWN/CITY DATE OF RECORD BOOK NUMBER PAGE NO, LISTED VALUE 3 GRAND LIST OF III MAP AND PARCEL NO$. ACKNOWL9009MENT AMFIN RECEIVED (INCLUDING CERTIFICATES AND. IF REQUIRED, ACT2$Q DISCLOSURE STATEMENT) ANDTAX PAID. SIGNED CLERK DATE TOWN NUMBER Form PT»1(7/00) Tax on Special Auto Property; i, Value of purchaser's principal residence ?nol to exceed 3100,000) (See instructions) b. Value of properly enrolled In current use program c., Value of qualified Working farm d. Add Linos 1(a). (b) and (o) o. Tax rate 1. Tax due on Special Rate Property: multiply Lino l(d) by Line Ile) 2. Tax on General Rate Property; a. Enter amount from Line IS on front of return b. Enter amount from Line t(d) of Rate Schedule above c. $ubtrscl Line 2(b) from Llne 2(s) d, Tax rate 0 a. Tax duo on General Rate Properly,, multiply Lino 2(c) by Lino 2(d) 3, Total Tax Due; Add Llne t(f) and Line 2(e) and enter on Line 16 on front of return (b) s (c) s (d) $ (o) $ 01006 (f) $ 2. (a) s (b) $ (c) $ (d): 010125 M $ 3. $ Svyor(s) and Seller($) certify as failows; A. That they have investigated and dlselosed to every party to this transaction all of their knowledge relating to flood regulations, It any, atfecting the properly, S, That the Seller(s)advised the buyer($) that local and state building regulations, zoning regulations and aubdlvlalon regulations pertaining to the property may limit significantly the uae of the property, C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: t. This property is the sub)"" of Subdivision Permlt No. and Is In compliance with void permit, or 2. This property and any retained parcei Is exempt from the subdivision regulations because (see instructions for exemptions); a. Parcel to be sold; Exemptlon Number Number of acres b. Parcel retained: E xemptlon Number _ _ _ __ — Number of acres Sellars(,) further comity as follows: D. That this transferal real property end any development thereon lain Compliance with or exempt from 10 Y.S.A. Chapter 1 S1,Yermont'1 Land Usesnd Development Law (Act 250), for the following reason; 1. This property is the subject of Act 250 Permlt No, and Is In compliance with said permit. or 2. This property Is exempt from Act 250 bagsuso: (list exemption number from Instructions) .b. E. That this transferdOWdoesnot(strikeone)resultInapartitionordivisionofland.Note:Itildoes.anAct250Diacio#ura$tafemontmustbeattached10thisretunn before filing with the Town Clerk. This trrinNlcr 15 in compliance with or is exempt from Vermont income tax withholding for the foliawing reason (Check one): ._X— 1. Seller(s) codify that, at the time of transfer, each seller was a resident of Vermont or an estate; or — 2. Buyer(s) certify that the partied obtained withholding certificate no, from the Commissioner of Taxes In advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WEHEREOY SWEARAND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE. CORRECT AND COMPLL'1'ETO THE BEST OF OUR KNOWLMOF, SELLER(S) SIGNATURE( ® TE BUYERS) SIGNATURF(S) DATE e ee az nc, lM City of Sough Burlington r �.FVn�CY µ 4 L>,rx �..tz� �•wT w� � • r e•wwa,aM Mtiii�b Preparer's Signature _ tad by (Print or Type) Preparer's Address wP t7 �� nic., PQ ox 1307, Sur1iA #"off r Vermont Q5402 ., VERMONT PF )PERTY TRANSFER T* RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME($) �7LE 'it Ctye_gZkL��C-r" �iC. Donna Willis Hall _ 7 M ILAILA ING ADDRESS IN FULL • INCLUDING ZIP CODE -M � 1 2 Dn7 _moment EagtMontpelier, VT 05657 SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. 008-34--8900 -4082 _Rc�hPrt fir, Wi l l i a 2. BUYER (TRANSFEREE) NAME(S) MAILIN�1�cxmQnt'.�5495�_ G ADDRESS IN FULL • INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER IDENT, NO. City of South Burlington 575 Dorset Street, So. Hurli.ngton, VT - { )--j 3. PROPERTY LOCATION Addreaa In fuel AAAomanf• fnr atroAt- Pxt-Anai nn 4. DATE OF CLOSING 8. INTEREST IN PROPERTY I. FEE SIMPLE 3. UNDIVIDED h INTEREST 0. ❑ TIME-SHARE ESTATE. 7. EASEMENT 2. LIFE ESTATE 4. UNDIVIDED „w°1r INTEREST 0, ❑ LEASE 0. OTHER 4. FRONTAGE AND DEPTH 7, TOTAL ACREAGE f 0. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY), 1. NONE 0, BARN 9. STORE 11 2. FACTORY S. Q APARTMENT WITH _ _ (Uu 94 DWELLING UNITS 10. OTHER 3. HOUSE 7. MOBILE HOME 4, CAMPj,V..CAT*N 8. ® CONDOMINIUM WITH ( UN) DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED ] PREVIOUSLY OCCUPIED UM 9, PRIMARY USE OF PROPERTY DEFOI")E TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1, Q PRIMARY RESIDENCE 3. ® OPERATING FARM 0, COMMERCIAL 7. INDUSTRIAL 0. OTHER Ut j ily_ 2. 0 TIMBERLAND 4. ❑ GOVERNMENT USE 0, Q OPEN LAND 0. CAMP OR VACATION Easement 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE); 1. O PRIMARY RESIDENCE 3. OPERATING FARM S. O COMMERCIAL 7, p INDUSTRIAL 9. OTHE �• RU��f�z--- 2. TIMBERLAND 4. GOVERNMENT USE 0. OPEN LAND 0. CAMP OR VACATION easnment 11. IS ANY PORTION OF THE LAND BEING CONVEYFU SUBJECT YO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 Y.S.A. (Agricultural. Forst, rarmland, Working Farmland Tax Abatement Use Value Appraisal Programs)? p Yell R NO 12, IF TRANSFER IS EXEMPT FROM PAOPE:RTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." 13. TOTAL 16, PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE. PRICE PAID S ENTER FAIR MARKET VALUE AND DESCRIBE: THE CIRCUMSTANCES 14, PRICE PAID FOR PERSONAL PROPERTY $ 18, TAX DUE: Enter amount from rats echeduia on rerene aide. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS 17. DATE SELLER ACQUIRED r. 112 88 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT 13EING FILED, CITE EXEMPTION FROM INSTRUCTIONS; - exemption no. I (CONTINUE ON REVERSE SIDE) COMPLETE10 BY TOWN ACKNOWLEDGEMENT TOWN NUMBER TOWNICITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF _ DATE Of RECORD RFOUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PALE NO, -w _ PAID. LISTED VALUE $ GRAND LIST OF 19 . MAP AND PARCEL NOS, SIGNED CLERK DATE Form PT-1 (7182) Tax on Special Rate Property; k Value of purchaser's principal rosidenco (not 10 oxcood $100,000) (Sao Instructions) b. Value of property enrolled in current use program c, Value of qualified worming farm d. Add Linos 1(sy. (b) and (o) e, Tax rate I. Tax due on Speclat Rate Properly; multiply Lino 1(d) by Lino t(e) 2, Tax on General Rate Property; a. Enter amount from Line 15 on front of return " b, Enter amount from Line l(d) of Rate Schedule above c, Subtract Line 2(b) from Llne 2(a) d, Tax fato ' e. Tax due on General Hato Property, multiply Line 2(c) by Lino 2(d) 3, Total Tax Duo: Add Lino 1(f) and Lino 2(e) and enter on Line 16 on front of return (ai $ - (b) $ (c) $ (d) $ (o) S 0.005 (t) S 2. (a) 3 (b) 5..,,.. (c) $ (d) $ 010125 (e) $ Buyer(s) and Seller(s) certify as follows: A. Thal they have Investigated and disclosed to ovary party to this transaction all of their knowledge rotating to flood regulatlons, If any, affecting tho property. 8. That the seller(a)advlaed the buyer(s) thut local and Slate building regulations, zoning royuiations and subdivision regulations porlainlog 10 thepropertymay limit significantly the use of the property. G. That this transfer is In compliance with or Is exempt from the Subdivision rogutatlons of tho Agency of Natural Resources for the following reasons: 1, This. property Is the subject of Subdivision Permit No. and Is in compilenco with said permit, or 2. This property and any retained parcel Is exempt from the subdivision regulations because, (see Instructions for exemption*)* a. Parcel lobe sold; Exemption Number Number of acres b, Parcel retained: Exemption Number Number of acres 5ollors(s) further certify as follows. o, That this transfer of coal property end ony dovoloprnent thoroon is in cQmpllanco wlth or exernpt from 10 V.S.A. Chaptor 151, Vermont's Land Use and Development Lava (Act 2S0), for the, following reason: 1. This property Is the subject of Act 250 Permit No, —and Is in compliance with said permit, or 2. This property Is exempt from Act 250 becauan: (list axemptlon number from Instructions) E. That this transfer doilm/does not (strike one) resulOna partIllon or division of land. NolvAlltd9ati, an Act 250019ofoeury Ststomont must be attached to thisraturA before filing with the Town Clerk, This transfer is in compliance with or is exempt from Vermont Income tax withholding for the following reason (Check one); --X- 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or 2. Buyer(s) certify that the parties obtained withholding certificate no, from the Commissioner of Taxes in advance of this .sale; or _ 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form RIE W-1 within 30 days from the transfer, WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRIBE, CORRECT AND COMPLETE TO THE. BEST OF OUR KNOWLEDOL ELLEPI(S) SIG ATURE 5) PA7E BUYER(S) SIGNATURE($) LATE roe r r nc 4 City of South Burlington Dy —nefnrra.'3 nicrlaca 1'. W11113 Preporer's Signature repared by r (Yj, w0 (Print or Type) PreParer'sAdelross Pc�n n ox 1307, ur] i ct on, Varmont• 0540P. RETURN Donna Willia Hall 2, BUYER (TRANSFFREE) NAME(S) City Of South Burlington VERMONT DEPARTMENT OF TAXES MONTPELIER VERMONT 05602 East Montpelier, VT 05657 MAILING ADORM 14 FULL - INCLUDING ZIP COOL 575 Dor,-et Street, So. Burlington, VT 3. PROPERTY LOCATION (Address lr� ful0l 4. DATE OF CLOSINO wn "_aewnr ;; nA f B. INTEREST IN PROPERTY 1, FEE SIMPLE S. UNDIVIDED %INTEREST 5. TIME-SHARE ESTATE 7. Ej EASEMENT 2. LIFE ESTATE 4, UNDIVIDED —% INTEREST s. LEASE S. Ej OTHER 6. FRONTAGE AND DEPTH T. TOTAL ACAFEAGE 0. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER {CHECK ALL THAT APPLY), 1, NONE 5, 0 BARN 9, [] STORE 2. FACTORY 0, C] APARTMENT WITH DWELLING UNITS 10. C3 OTHER J. HOUSE 7, MOBILE HOME 4. 0 CAMPI,,Vac."Mm & CoNoomwitim wrni DWELLING UNITS CHECK WHETHER THE BUILDINGS WERE C] NUVCFj OCCijklEb L-] PREVIOUSLY OCCUPIED LIM 0. PRIMARY USE OF PROPERTY BEFORE TRANSFE11 AS SHOWN IN GRANDLIST GOOK (CHECK ONE): 1, [] PRIMARY RESIDENCE 3- D OPMTINO FARM 1. L] COMMERCIAL 7. 0 INDUSTRIAL $.f2 OTHER Utility_— 2. C] TIMBERLAND 4, [] GOVF'ANMe4T USE III, Ej OPEN LAND 0, C] CAMP OR VACATION easement 10, PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. PRIMARY RESIDENCE 3. 0 OPERATING FARM S. C:] COMMERCIAL 7, [] INDUSTRIAL 9. T] OTHER 2. TIMBERLAND 4, C] GOVERNMENT USE 5. [] OPEN LAND S. C] CAMP OR VACATION easement 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A, (AgHWItur0l. Forest Farmland, Working Farmland T4K Aboterrwi Use Value Appraisal Programs)? C Y" R No 17, IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." 13. TOTAL IL PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, PRICE PAID III ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PLIAOONAL PROPERTY Ill. TAX DUE Enlew amount from rate schedule on r*v*m IkJ*COMPLETE RATE SCHEDULE FOR ALL TRANSFER3 31 MC = 17. DATE SELLER ACOUIA10 10, IF A VERMONT LAND GAINS TAX RETURN 16 NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: exem tion no. I (CONTINUE ON REVERSE SIDE) _7T7 � TO BE COMPLETED BY TOWN OR CITY CLERK ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED. ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUM89R PAGE NO. PAID. LISTED VALUE S GRAND HST OF 19 MAP AND PARCEL NOS. SIGNED CLERK DATE Farm "A (7/89) Tax on Sooelal Rate Properly. y. value of purchaser's princlpel rasldonea (no` to exceed $100,000lo (Sae Instructions' b, Veto* of properly enrolled in current use program o. Value of quallflod working farm d. Add Linea 1(s), (b) and (c) e. Tax rate I, Tax due on Special Rate Property, multiply Line l (d) by Lino l(e) 2. Tax on General Rate Property: a, Enter amount from Line 15 on front of return b. Enter amount from Lino l(d) of bale Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate " e. Tax due on Gonerai Rate Property: multiply Line 2(c) by Llne 2(d) 3, Total Tax Due: Add Line 1(1) and Llne 21e) and enter on Line 16 on front of return 1. 00 $. (b) $ (c) (d) s Ms 2. (a) (b) (c) $ (d) $ 0.0125__ Buyor(s) and Saller(s) certify es follows: A. That they have Inveellgated and disclosod to Ovary pnrly to this transaction all of their knawiodga relating to flood rogulotiana, if any, affecting the properly. 8. That the teller(s) advised tho boar(s) that local and state building regulations, zoning regulations and subdivision reguiatlona pertaining to the property may limit significantly the use of the property. C. That this transfer Is In co-pliance with or Is exempt IrQrn the vubdtvtslon regulations of the Agency of Natural Resources for the following reasons: 1. This property Is the subject of SiOdlvlalon Permlt No, . — and Is In compliance with sold permit, or 2. This property and any retained parcel is exerrept 1*'Om the aubdivlolr,n moviatlopm because (see Instructions for exemptions),, a, Parcel t0 be 11014: Exemplion Number __ Number of acres b. Parcel retained: Exemplion Number _ Number of acres Seflors(s) further certify as follows. D. That this transfer of real property and any de%*op en, thereon is In compliance witharexarnpt from 10 V.S.A. Chapter 151,Yerrnont4a Land use and Development Law (Act 250)" for the following reason. 1. This property Is the subject of Act 250 Permit No, and is In compliance with said permit, or 2. This property Is exempt from Act 250 because: (Ilst oxemplion number from Instructions) _ h E. That this trane(erdoWdoes not (strike one) result In a prioltlon or division of land, Nofa; It It cues, an Acf 250 Disclosure Statement must boattachod to this return before filing with the Town Clerk, This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one); ._X.. 1. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate, or _ 2, Buyer(s) certify that the patties obtained withholding certificate no. from the Commissioner of Taxes In advance of this Bale; or _ 3, Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Faxes with Form REW-1 within 30 days from the transfer, WE HEREBY SWEAR AND AFFIRM THATTHIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT ANDCOMPIETE TO THE BEST OF OUR KNOWLMGE. SELLER(S) SIGN TURE(S) r W DATE BUYER(S) 51GNATVI4E($) DATE aT r C. / rf� City of .,r'"out h Burl Ain9t:.on j Preparer's 5190elure Pro"rod by I"r`.� T-�"'"' (print or Type) Preparer's Address � 4 ._ d d ox 1307, 6 ( ' STATE OF VERMONT ) )SS: COUNTY OF CHITTENDEN ) At , in said County, on this day of personally appeared , Duly Aut orize Agent of GREEN TREE PARK, INC., and he ac now e ged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of GREEN TREE PARK, INC. Before me, - = NOTARY PUBLIC GTP/5/aby -3- R. ALLAN PAUL JOSEPH E. FRANK PETER M. COLLINS J OHN T. SARTORE B. MICHAEL FRYE ANTHONY B. LAMB A LAN D. PORT ROBERT G. CAIN S. CROCKER BENNETT. II ROBERT S. DIPALMA DAVIO A. BARRA CHARLES F. STORROW WILLIAM E. ROPER STEPHEN J. SOULE JANE HART MARTER MICHAEL 1. GREEN JOHN J. COLLINS PAUL R. BOWLES GAIL E. HAEFNER CHARLES E. FINBERG MATTHEW C. SUSMAN JOHN T. LAVOIE MARK A. SINCLAIR PAUL, FRANK & COLLINS, INC ATTORNEYS AT LAw ONE CHURCH STREET P. O. Box 1 307 BURLINGTON, VERMONT 05402-1307 TELEPHONE (802) 6S8-2311 TELECOPIER (802) 658-0042 Steven F. Stitzel, Esq. SPOKES, FOLEY & STITZEL P.O. Box 986 184 So. Winooski Avenue Burlington, VT 05402 August 6, 1987 WILLIAM J. RYAN OF COUNSEL MONTPELIER OFFICE 94 MAIN STREET P. O. BOX 967 MONTPELIER. VT 05602-0967 TELEPHONE 48021 223-7550 RE: GREEN TREE PARK / CITY OF SOUTH BURLINGTON PLANNING COMMISSION Dear Steve: One of the requirements 'of final approval of the proposed Green Tree Park commercial subdivision is the tendering of Irrevocable Offers of Dedication for the streets, water and sewer lines, and the fire hydrants in the development. I have enclosed a proposed set of documents for the streets in said development, together with documents in connection with the sewer and water lines and fire hydrants. As explained to me by Dick Trudell, all of the sewer and water lines are to be constructed within the right of way of -either Gregory Drive or Green Tree Drive, with the exception of a 30, wide sewer and water easement which goes across Lot 1 on the Plan, and two smaller 20' wide sewer easements for the benefit of Lot 10 and Lo-t 11. In addition, there are three 10' by 10' fire hydrant easements. I have enclosed a greatly reduced photocopy of the Site Plan showing the locations of those easements referred to in the Irrevocable Offer of Dedication. Please let me know if you have any changes or comments as soon as possible. Cordially yours, PAUL,,]PRZ(NK/,V/COLLINS, INC. PMC/�r.Ken ins Enc. cc Desmond Mr. Peter Jacobs, Chairman South Burlington Planning Commission .... ._._.�-------•-- - 1'l� yr. .... s . . ... L{ t /•^.r\'."J.!.'wIN Yr7!f. �0..f:"'y�"7S'r,,,�r,�yL,(�• --�mr•zcs�an•-•:•.r+• '1•'•1 ��a4�•n,,J .t,�J,?,;,...M ��(✓.[L-1n��Sr'.Sp,+t'+•,I..i �: r.J" ��f�•. 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"TARN •A»n AA1_ left 1r[8 i» , Q•.?f I: Sour. •IRIIR• T01+ �I 1: PL.wAN ....1. .I+uei'» L' —s►T {�• Y k .1 At Va ' :A116iSIT.nag•. wA L. _ PAN tr r M / �/ • R T j .. f�f_•_,.,..__ r--•R[GODT t DAUGNT[Rt r+•• ...Xfi • +" '` •,' 1! JE OUS iR • R. Y•, > rem '•ql _'• lrr • ..... A • .. •\. ' 11 a to t •; rrrRff.,� •''�r••••. .•1• ..N_��,• •... •'�• M �•,r O,�r rrl v• 0 • • A. / .•NIS. 3 _ _ � 1 � • _ ,tom �. — =�T - - • J s 1 t �• 3, �. �'• L CM it + •i L,:. .rn. � � GRte•, rr•Mr L:7. :�. I'. L A TOTAL 31Ar10N CORT.OL T ..... r tH _ • _ _ _ •' t.A PLAT ENTITLED 'PLAT Or LAND RD* WEPI r-•'+��'- ..+•w. • •• �}.�?'�•' A•I• OAr[D IE•n PREP— D Air TRU"LL [ON IHC p(•,RP t INI0..1110N TROY 1NE 51.1E ..aD[P..Ir( [.,(rr•:• ,�, �•' • rN[ 1NOIC.T(D DIto .[rl.[RC ES ..f 1.AC 1[. A ..LPL. s.: .. •tl.'... a 7NE rlrr 0I [OYTM (VRa1RETOR L.NO R[C0110L. SI7.IL A A - •, -' jUrI DING S[TS.Crl .•�(•• . •M �• ,' rPo.I ..v[•IT J.c.Lrr l0 /I 1, � • I !�; ••T,r �^•�'.: ��4 j _ `•" ...:. rRe. LRE TA µan rr .. �i•�,I.[ _�A�' • _ \• ,w+l �:. 1r�1y -- 1""••t n .nrnr y,LaeR• Atr•.w aaR N•`ll '•' }/11L4 INK m•AI A,. 4,r.GNn I« 1w[R.r[L[wwi;'r� N w :orrr p(• '' '.RL'3'_ I ' � h'/E [ »Ar AIrA. AIR .'•►... • r _susO1Y1s10N RN.A► W •.-• k • Err+Err w• newl + .. ORE EM TREE PARK • "`�;f •"r11 ' + SHUN PIKE ROAD r I ear Ern __ •�Lo�A.•n..r.. / Is SOUTH BURLINGTON. VERMONT w•s .Ar. Jae ..IT • AT r.ua u!• • tr •A Aut1 ..... V. •.r JrRY1r . , .rwr r.r Err' 1••,M' . • •rw•• •Ten M•• •RR 1« TRUDELL CONSULTING ENGINEERS. lot. TA +•( -few 1' «i M . rRt F'.•f'.E? r I J, .. ... + ; • r +la'yr'�''•"^;� ,,le�0�. • :• ':•� :; � :y}. _rq' � ,Y.'' � fx-J�s.-=•4 e. �. �y;tisf.,;.+r.t•-:�::' ��: �:+ _ �('i:. T. •.Y:'rw s+ia4,?'•�eP. ,Y.pl�yj •.+ : =•' ew;-.1 S .-•. r'{..•r4 a1-•-r`=i• -�.,c ;fir- c!'} f 'r w `. .. IRREVOCABLE OFFER OF DEDICATION STREETS AGREEMENT made this day of , 1987, by and between GREEN TREE PARR, INC., of Shelburne, Vermont (the "OWNER"), and the CITY OF SOUTH BURLINGTON, VERMONT (the „CITY"), W I T N E S S E T H: WHEREAS, the City's Planning Commission has approved a Site Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March.16, 1987, and revised on June 17, 1987 and July 19, 1987, and to be recorded in the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner grant an Irrevocable Offer of Dedication for the streets in said Development to the City; and WHEREAS, Owner is proceeding with the development of said Development as depicted on said Plan; and WHEREAS, the Owner has delivered a Warranty Deed to the City for the streets, as shown on said Site Plan. NOW, THEREFORE, in consideration of the final approval by the Planning Commission, and in further consideration_of the sum of ONE DOLLAR ($1.00) in lawful money paid by the City to the Owner, and for other good and valuable consideration, it is HEREBY COVENANTED AND AGREED as follows: , 1. The Owner herewith delivers to the City a Warranty Deed, an unexecuted copy of which is attached as "Exhibit A", said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of said Offer of Dedication by the City. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any 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. DATED at , Vermont, this day of . 1987. IN PRESENCE OF: GREEN TREE PARK, INC. By: Duly Authorized Agent CITY OF SOUTH BURLINGTON, VT By: Duly AU t orize Agent STATE OF VERMONT ) )SS: CHITTENDEN COUNTY ) At , in said County, on this day of, Duly personally appeared Authorized —Agent of GREEN TREE PARK, INC., and he ac now a ged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of GREEN TREE PARK, INC. Before me, -2- NOTARY PUBLIC STATE OF VERMONT )SS: CHITTENDEN COUNTY ) At in said County, on this day of , personally appeared Duly Authorizec'FAgent of the CITY OF SOUTH BURLINGTON, VERMONT, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of CITY OF SOUTH BURLINGTON, VERMONT. -- -_ - - Before me, GTE/2/aby -3- NOTARY PUBLIC " r"vv T a T T T" WARRANTY DEED STREETS KNOW ALL MEN BY THESE PRESENTS, that GREEN TREE PARR, INC., of Shelburne, in the County of Chittenden and State of Vermont, the "GRANTOR", for Good and Valuable Consideration, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT AND CONVEY unto the CITY OF SOUTH BURLINGTON, VERMONT, a Vermont Municipality, the "GRANTEE", and its successors and assigns, a certain parcel of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: The streets known and designated as "Gregory Drive" and "Green Tree Drive" on a Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on June 17, 1987 and July 19, 1987, and recorded in Volume , Page , of the City of South Burlington Lan Records. Said land and premises are more particularly described as follows: COMMENCING at a point in the northerly sideline of Shun Pike Road, so-called, marked by a concrete monument; thence, proceeding N 23050,51" W a distance of 28.28 feet to a point marked by a concrete monument; thence, proceeding N 21009109" E a distance of 260 feet to an iron pipe; thence, proceeding N 28009,09" E a distance of 80.69 feet to a concrete monument; thence, proceeding along the curve of said Gregory Drive a radius of 270.00 feet, for a distance of 419.93 feet to a point marked by an iron pipe; thence, proceeding on the same radius of 270.00 feet, a distance of 26.18 feet to a concrete monument; thence, proceeding S 64010154" E a distance of 36.37 feet to a concrete monument; thence, proceeding along the curve of said Gregory Drive for a radius of 330.00 feet, a distance of 166.61 feet to a point marked by an iron pipe in the boundary line between the land and premises of Green Tree Park, Inc. and Gregory & Daughters Industrial Park; thence, proceeding N 8018,44" E a distance of 61.50 feet to an iron pipe; thence, proceeding along the curve of Gregory Drive for a radius of 270 feet, a distance of 148.49 feet to a concrete monument; thence, proceeding N 64010154" W a distance of 18.37 feet to an iron pipe; thence, proceeding N 64010,54" W a distance of 18 feet to a concrete monument; thence, proceeding along the curve of Gregory Drive a radius of 330.00 feet, for a distance of 136.74 feet to a concrete monument; thence, proceeding N 43041,41" W a distance of 15.96 feet to a concrete monument; thence, proceeding N 4053107" W a distance of 163.26 feet to a concrete monument; thence, proceeding along the curve of Green Tree Drive, so-called, a radius of 270 feet, for a distance of 93.45 feet to a concrete monument; thence, proceeding N 14056,38" E a distance of 182.73 feet to a concrete monument; thence, proceeding N 38014102" E a distance of 53.36 feet to an iron pipe; thence, proceeding N 38014102" E a distance of 45 feet to a concrete monument; thence, proceeding along the curve of the cul-de-sac forming the northerly end of Green Tree Drive a radius of 75 feet, a distance of 117.43 feet to an iron pipe; thence, continuing in the same radius a distance of 61.73 feet to an iron pipe; thence, continuing in the same radius a distance of 117.43 feet to a concrete monument; thence, proceeding S 8020,47" E a distance of 45 feet to an iron pipe; thence, proceeding S 8020,47" E a distance of 53.35 feet to a concrete monument; thence, proceeding S 14056,38" W a distance of 132.73 feet to an iron pipe; thence, proceeding S 14056,38" W a distance of 50 feet to a concrete monument; thence, proceeding in the curve of Green Tree Drive a radius of 330.00 feet a distance of 114.21 feet to a concrete monument; thence, proceeding S 4053,07" E a distance of 163.26 feet to a concrete monument; thence, proceeding S 33055,27" W a distance of 15.96 feet to a concrete monument; thence, proceeding along the curve of Gregory Drive a radius of 330.00 feet, a distance of 215.02 feet to an iron pipe; thence, continuing in the same radius a distance of 113.27 feet to a concrete monument; thence, proceeding S 21009'09" W a distance of 92.69 feet to an iron pipe; thence, proceeding S 21009'09" W a distance of 248 feet to a concrete monument; thence, proceeding S 66009'09" W a distance of 28.28 feet to a concrete monument situated in the northerly sideline of Shun Pike road; thence, proceeding S 68050,51" E a distance of 100 feet to the point or place of beginning. Being a portion of the land and premises conveyed to the Grantor herein by Warranty Deed from Robert V. Willis, Richard T. Willis, and Donna Willis Hall, dated the day of 1987, and recorded in Volume Page o the City of South Burlington Land- Recor -s. -2- 0 By this conveyance, the Grantor herein further conveys, sells and transfers to the Grantee herein, and its successors and assigns, all of the pipes, valves, hydrants, and all other related equipment and appurtenances relating to said sewer system and water system located in, under or upon the land and premises conveyed herein. TO HAVE AND TO HOLD said granted premises, with all of the privileges and appurtenances thereto, to the said GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to its own use and behoof forever; and the GRANTOR, GREEN TREE PARK, INC., for itself and its successors and assigns, does covenant with the GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as above stated; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GREEN TREE PARK, INC., by its duly authorized agent, hereunto sets its hand and seal this day of , 1987. IN PRESENCE OF: —3— GREEN TREE PARK, INC. By: Duly Aut orize Agent STATE OF VERMONT )SS: COUNTY OF CHITTENDEN ) At , in said County, on this day of , personally appeared , Duly Aut orize Agent of GREEN TREE PARK, INC., and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of GREEN TREE PARK, INC. Before me, GTP/3/aby -4- NOTARY PUBLIC IRREVOCABLE OFFER OF DEDICATION WATER LINE EASEMENT SEWER LINE EASEMENT FIRE HYDRANT EASEMENT AGREEMENT made this day of , 1987, by and between GREEN TREE PARR, INC., of Shelburne, Vermont (the "OWNER"), and the CITY OF SOUTH BURLINGTON, VERMONT (the "CITY"). W I T N E S S E T H: WHEREAS, the City's Planning Commission has approved a Site Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on June 17, 1987 and July 19, 1987, and to be recorded in the City of South Burlington Land Records; and WHEREAS, the final approval of the Planning Commission contains a condition that the Owner indemnify and grant to the City an easement for sewer line purposes, water line purposes and fire hydrants over, on and through portions of the property, said easement to_be secured by an Irrevocable Offer of Dedication; and WHEREAS, the easements are to be dedicated to the City free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, Owner is proceeding with the development of said project, as depicted on said Plan; and WHEREAS, the Owner has delivered an easement to the City for the area above described. NOW, THEREFORE, in consideration of the final approval by the Planning Commission and for other good and valuable consideration, it is COVENANTED AND AGREED as follows: 1. The Owner herewith delivers to the City an Easement Deed, an unexecuted copy of which is attached as "Exhibit A", 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. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any 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. DATED at 1987. IN PRESENCE OF: , Vermont, this day of , GREEN TREE PARK, INC. By: Duly Authorized Agent CITY OF SOUTH BURLINGTON, VT By: Duly Authorized Agent STATE OF VERMONT ) )SS: CHITTENDEN COUNTY ) At , in said County, on this day of 1987, personally appeared Duly Aut orize Agent of GREEN TREE PARK, INC., and he acknowledged this instrument,"'by him sealed and subscribed, to be his free act and deed, and the free act and deed of GREEN TREE PARK, INC. Before me, -2- NOTARY PUBLIC STATE OF VERMONT ) )SS: CHITTENDEN COUNTY ) At , in said County, on this day of 11 , personally appeared , Duly Aut orizeU—Agent of the CITY OF SOUTH BURLINGTON, VERMONT, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed, and the free act and deed of CITY OF SOUTH BURLINGTON, VERMONT. GTP/4/aby —3— Before me, NOTARY PUBLIC "VYATRTT A" EASEMENT DEED EASEMENT FOR SEWER LINES, WATER LINES & FIRE HYDRANTS KNOW ALL MEN BY THESE PRESENTS, that GREEN TREE PARR, INC., of Shelburne, in the County of Chittenden and State of Vermont, the "GRANTOR", for Good and Valuable Consideration, the receipt of which is hereby acknowledged, does hereby GIVE, GRANT AND CONVEY unto the CITY OF SOUTH BURLINGTON, VERMONT, a Vermont Municipality, the "GRANTEE", and its successors and assigns, the following Easements and Rights of Way: (1) A thirty foot (301) wide sewer and water line easement extending from the easterly sideline of Shun Pike Road, so-called, and extending across the northwesterly corner of Lot No. 1, and then continuing on the boundary line between Lot No. 1 and Lot No. 2 to the westerly.sideline of Gregory Drive, all as more fully shown and described on a Plan entitled "Subdivision Plat of Green Tree Park, Shun Pike Road, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc., dated March 16, 1987, and revised on June 17, 1987 and July 19, 1987, and recorded in Volume , Page of the City of South Burlington Land Records; (2) Two (2) twenty foot (201) wide sewer easements, one for the benefit of Lot No. 11, and one for the benefit of Lot No. 10, both of which are shown on the aforementioned Site Plan; (3) Three (3) ten.foot (101) by ten foot (101) fire hydrant easements, as shown on the aforementioned Plan. This easement and right of way shall act as a Bill of Sale and does hereby convey the water lines, sewer lines, and fire hydrants and appurtenances thereto. Together with the right to enter on the lands of the within Grantor, its successors and assigns, for repair, maintenance, installation and replacement of said water lines, sewer lines, fire hydrants, and improvements thereto, provided that such entry shall be reasonably necessary to the purposes hereof, and that any such premises will be restored by the City of South Burlington, Vermont, its successors and assigns, to its condition prior to entry, at no cost to the within Grantor, its successors and assigns. Grantor, and its heirs, successors and assigns, shall have the right to make use of the surface of the land, subject to this easement and right of way, such as shall not be inconsistent with the use of the easements by the within Grantee, but specifically shall place no structures, landscaping, or other improvements within said right of way or easement which shall prevent or interfere with Grantee's ability to exercise its rights granted hereunder. TO HAVE AND TO HOLD said granted easements and rights of way, with all of the privileges and appurtenances thereto, to the said GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, to its own use and behoof forever; and the GRANTOR, GREEN TREE PARK, INC., for itself and its successors and assigns, does covenant with the GRANTEE, CITY OF SOUTH BURLINGTON, VERMONT, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as above stated; and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, GREEN TREE PARK, INC., by its duly authorized agent, hereunto sets its hand and seal.this day of , 1987. IN PRESENCE OF: —2— GREEN TREE PARK, INC. By: Duly Authorized Agent k I 'F&x, City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 I October 31, 1990 Mr. Ken Desmond Green Tree Park, Inc. 123 Industrial Avenue Williston, Vermont 05495 Re: Green Tree Park Dear Ken: ZONING ADMINISTRATOR 658-7958 Be advised that the City Council has accepted Gregory Drive (approximately 1457 feet) and Green Tree Drive (approximately 760 feet). We are, however, waiting for the transfer tax return from Attorney Collins. This is holding up the recording with the City Clerk. If you have any questions feel free to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp STEVEN F. STITZEL PATTI It. PAGE" ADAM E. BRIDGE ('ALSO ADMITTED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 660-2555 FAX (802) 660-2552 October 29, 1990 Peter M. Collins, Esq. Paul, Frank & Collins, Inc. PO Box 1307 Burlington, VT 05402 Re: Green Tree Park Dear Peter: OF COUNSEL ARTHUit W. CERNOSIA Please send me the transfer tax returns for the Green Tree Park legal documents so the City can complete its acceptance of the street. Very truly yours, -7 Steven F. Stitzel SFS/mld cc: Dick Ward L:\SON141.cor t GREEN TREE PARK, INC. 123 Industrial Avenue Williston, Vermont 05495 (802) 658-6445 September 27, 1990 Mr. Dick lanai So. Burd�ington Planning &` Zoning 575 Dorset St. South Burlington, VT 05403 Re: Green Tree Park Dear Dick: Please consider this letter an offer to the City of South Burlington of roadway improvements done by Green Tree Park Inc. under the supervision of Trudell Consulting Engineers. This consists of approximately 1457 feet of Gregory Dr. and 760 feet of Green Tree Dr.. I believe you have received the formal offering from Paul, Frank and Collins my attorney. If you have any questions please feel free to contact me. ,S3t ce ely, J. Kenneth Desmond - P ,esident 7/20/87 PROTECTIVE COVENANTS GREENTREE COMMERCIAL PARK South Burlington, Vermont THIS DECLARATION, made on the date hereinafter set forth by GREEN TREE PARK, INC., a Vermont corporation with principal place of business in Vermont ("DECLARANT"); WHEREAS, GREEN TREE PARK, INC. is the owner of certain real estate in South Burlington, Vermont, which is specifically described as follows: A parcel of land containing 29.5 acres, more or less, on the northerly side of Shun Pike Road, so-called, as shown on a plan dated , and to be recorded in the South Burlington Land Records. WHEREAS, GREEN TREE PARK, INC. intends to sell thirteen (13) lots within said property as depicted on said plats. NOW, THEREFORE, GREEN TREE PARK, INC. hereby declares that all said thirteen (13) lots shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions herein set forth. These easements, restrictions, covenants and conditions are intended to protect the value and desirability of the aforesaid real property. They shall run with the aforementioned lots and shall be binding on all parties having or acquiring any right, title or interest in these lots or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future owner of the aforementioned real property or any part thereof or interest therein. ARTICLE I - DEFINITIONS SECTION 1 - REAL PROPERTY means the entire land area described hereinabove. SECTION 2 - PLAT means the Plat of said real property which is to be filed for recording in the Land Records of South Burlington, County of Chittenden and State of Vermont. SECTION 3 - LOT means the individual parcels of real property to be conveyed within the above described property. SECTION 4 - OWNER means the owner, or the contract purchaser in possession of a lot. DECLARANT shall be considered owner of all lots not yet sold, or those reacquired by it. ARTICLE II - ARCHITECTURAL CONTROLS SECTION 1 - All lots within the plat are purchased subject to the architectural controls, conditions and restrictions set forth by Declarant. No building, fence, wall, hedge or other structure shall be commenced, erected, or maintained upon lots, or any part thereof, nor shall any exterior addition to, or change or -2- alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted and approved in writing as to harmony and topography by the Architectural Control Committee. Plans shall be submitted to the Architectural Control Committee which has been formed by Declarant. In the event the Architectural Control Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications are submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. SECTION 2 - The Architectural Control Committee will consist of three (3) members, one member designated Chairman and one as Secretary. Names and addresses of members are as follows: nil The Committee shall meet upon call by the Chairman, and in his absence, upon call by the Chairman Pro Tem, who shall be so designated by the Chairman. Committee meeting to be at time and place convenient to a majority of the members. A quorum shall consist of two members, and a quorum shall be necessary to carry out functions of the Committee. In the event of resignation of a Committee member, or inability of a member to remain on the Committee, GREEN TREE PARK, INC., it's successors or assigns, shall decide upon a person to fill the vacancy. Telephone poll vote may be taken in lieu of calling a meeting for the purpose of filling vacancies. This Committee shall terminate one year after sale of the last commercial lot in the subdivision. After the termination of the Architectural Control Committee, one or more lot owners may enforce any of the Protective Covenants in Article,III herein, pursuant to Article V, Section 2, herein. SECTION 3 - Guidelines To Be Used By Architectural Control Committee in Evaluation of Applicants: It is intended that the structures and other improvements will become a part of the landscape and blend into their surroundings. Simple, well proportioned structures using native woods, stone or masonry are desirable. The Architectural Control Committee shall not be unreasonable in approving building plans providing that they meet minimum standards. However, for the protection of the -4- other owners, unusual types of buildings may be prohibited. Plans are to be submitted to the Architectural Control Committee. ARTICLE III - PROTECTIVE COVENANTS FOR LAND & BUILDING USE SECTION 1 - No construction of buildings may be started on any lot without first obtaining a letter of permission from the Architectural Control Committee, until such time as said Committee is terminated. SECTION 2 - All buildings constructed hereunder shall conform to the specifications and requirements of the most recent revisions of the State of Vermont electrical code and the uniform building code in force at the commencement of construction. Electrical service shall be underground. SECTION 3 - All buildings shall be constructed on a permanent type foundation. SECTION 4 - All buildings shall be designed to consider energy conservation. Proper siting of buildings will enhance passive or active solar heating. The Vermont Department of Energy Standards will be utilized in the building design. SECTION 5 - All plumbing systems shall be designed to incorporate the use of water saving fixtures with particular attention given to low flow toilets and faucets. SECTION 6 - Exteriors shall be furnished to blend into the surroundings and the landscaping concept. Subdued flat finishes with earthen tones are preferred to garnish, bright -5- colors or materials. All sides of the building will be required to present a finished pleasing appearance. SECTION 7- Entrance signs will conform to the typical plan established for the park. One sign will be permitted for each entrance. A primary sign defined as an establishment's major sign and located on the building's main entrance shall: a. relate to the architecture of the building on which it is to be located; b. be compatible with the building or structure in terms of the size, color, shape, material and design; and C. conform with the City of South Burlington sign guidelines. A sign may be illuminated only if the light proposed is steady, stationary, shielded and of appropriate location and intensity. Generally, illumination should enhance the existing architectural gualities of that group of related buildings within which it is installed. SECTION 8 - No building shall be located closer than forty (40) feet from the right of way of Shunpike Road, sixty-five (65) feet from the property line along any adjoining residential property, forty (40) feet from the right of way of the park roads, or fifteen (15) feet from a property line. Additional setback may be required by the Architectural Control Committee if, in their opinion, such requirement would enhance the aesthetics of the park. SECTION 9 - Landscaping shall be required and be in general conformance with the landscape plan for Greentree Commercial Park. Tree species, size and placement will be reviewed by the Architectural Control Committee. Landscaping, other than seeding or sodding of lawns, shall be completed within 12 months from completion date of improvements placed upon the lot by purchaser, the cost of such landscaping to equal or exceed One Percent (1%) of the cost of such improvements. The Purchaser shall continually maintain all landscaping on his lot, including maintenance of screening berms and replacement of dead or diseased plantings as soon as seasonally possible. SECTION 10 - Each purchaser shall develop his lot in a manner so as to avoid any undue soil erosion, and will comply with the Erosion Control Plan for Greentree Commercial Park. SECTION 11 - All buildings and landscaped grounds on any lot shall be kept in a safe and reasonable state of repair, cleanliness, and neatness. Lawns shall be mowed at reasonable intervals. Undesirable weeds having a tendency to spread across property lines shall be kept under control; however, prior to construction of a building, owners shall not be required to maintain their property during the summer months. However, the Architectural Control Committee shall have the option of mowing or leasing the fields for aesthetic purposes. -7- SECTION 12 - No trash, garbage, rubbish, refuse, or other solid waste of any kind, including particularly inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored, disposed of or otherwise placed on any part of the real property. Garbage and similar solid waste shall be kept in sanitary containers well suited for that purpose, and the container will be screened from general view by landscaping or fencing. The owner or occupant of each lot shall be responsible for the disposal of solid waste at legally established solid waste disposal facilities outside the real property. The burning of any type of garbage or refuse within the development is prohibited. SECTION 13 - No fuel tanks shall be maintained above ground on any lot without written permission of the Architectural Control Committee which may grant such permission subject to adequate screening and other appropriate requirements. SECTION 14 - No lot shall be used in a fashion which unreasonably interferes with the lot owners' right to the use and enjoyment of their respective properties. Architectural Control Committee shall determine whether any given use of a lot unreasonably interferes with those rights, and such determination shall be conclusive. SECTION 15 - Lighting will be of the non -glare cutoff luminaire variety as depicted on typical details of Greentree Commercial Park. No lighting will be used that interferes with adjoining commercial or residential use. SECTION 16 - Any building encompassing 12,000 square feet or more will be provided with complete sprinkler service for fire protection. SECTION 17 - Each building will be equipped with a remote readout water meter. SECTION 18 - The Owner will remove snow or other debris from around any fire hydrant located on or in front of his property. SECTION 19 - Exterior mechanical equipment, mounted on the buildings will be screened or shielded from view where feasible. SECTION 20 - Each purchaser shall develop his lot in such a manner as to control peak stormwater runoff to predevelopment conditions by the use of retention basins and/or proper grading. The maximum peak runoff for each lot, determined for a 10 year 24 hour storm is: Lot 1 3.3 cfs Lot 8 1.6 cfs Lot 2 3.4 cfs Lot 9 1.0 cfs Lot 3 1.7 cfs Lot 10 1.1 cfs Lot 4 1.9 cfs Lot 11 1.7 cfs Lot 5 1.6 cfs Lot 12 1.7 cfs Lot 6 1.7 cfs Lot 13 2.5 cfs Lot 7 1.6 cfs SECTION 21 - There shall be no outside storage of tractor trailers on any lot for longer than one (1) week. Declarant. However, the Architectural Control Committee shall not be liable to any owner or other party for failure to enforce any of the covenants herein. SECTION 2 - Prior to the conveyance of the first lot in this subdivision, the Declarant shall incorporate a non-profit owner's association called "Greentree Area Association, Inc.". By taking title to any lot in the subdivision, the record owner shall automatically become a member of the Greentree Area Association, Inc., and subject to the rules and regulations of the Association. The primary purpose of the Association shall be to maintain, repair or replace any storm water retention ponds or basins in the subdivision, and the repair, replacement or maintenance of any entrance signs to the Park. The Association shall have the right to assess lot owners based on a per square foot of lot formula, for the reasonable and necessary expenses of the Association. SECTION 3 - After the Declarant has sold the last lot in the park, any of the covenants, restrictions and conditions contained herein may be enforced by one or more lot owners, or the Area Association, by proceeding in law or in equity, against any person or persons violating or attempting to violate same, and the plaintiff may restrain violations of same or recover damages, or both; and the prevailing party shall be entitled to recover all costs of suit, including reasonable attorney's fees. -11- ARTICLE VI - MISCELLANEOUS SECTION 1 - The Declarant, its successors or assigns, shall have the right to erect an entrance sign on Lot No. 1 and/or Lot No. 13 near the intersection of Shun Pike Road and Gregory Drive. The subsequent repair, replacement and maintenance of said sign shall be the responsibility of the Greentree Area Association, Inc.. SECTION 2 - If the Declarant has permission to erect a sign for the Park on Williston Road at the intersection of Gregory Drive, the Area Association shall also be responsible for the maintenance, repair and replacement of said sign. SFCTTON 3 - All lot owners shall take title subject to all easements for electricity, sewer, water, storm water, and telephone as shown on the aforementioned site plan or as recorded in the South Burlington Land Records. Dated at , Vermont, this day of 1987. IN PRESENCE OF: GREEN TREE PARK, INC. A'ments #2/25/aby By: -12- 1/5/88 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the final plat application of Green Tree Park, Inc., for a 13 lot industrial -commercial subdivision 29.46 acres at the northeast corner of Kimball Avenue and Shunpike Road as depicted on a 12 page set of plans, page one entitled "Subdivision Plat of Green Tree Park, Shunpike Road, South Burlington, Vermont" prepared by Trudell Consulting Engineers, Inc., last revised 7/19/87 with the following stipulation: 1) A landscaping bond for street trees and the landscaping along the western boundary as shown on the plans shall be posted prior to permit. The amount shall be determined by the City Planner. 2) A sewer allocation of 5200 gpd is made and each lot shall receive a allocation from this amount. The $2.50 per gallon fee shall be paid prior to permit. 3) The applicant shall submit plans to the Water Department for approval prior to permit. 4) The applicant shall be responsible for building Gregory Drive as a through road from the existing end in Gregory & Daughters Industrial Park. A bond shall be posted for this prior to permit in an amount determined by the City Engineer. It shall be constructed to City Standards with 32 feet of pavement, curbs and a sidewalk on one side. 5) All legal documents for street dedications and deeds, the r.o.w. to the Szymanski property, drainage and other easements and the pedestrian trails shall be submitted to the City Attorney within 90 days. 6) The pedestrian trail easement shall be shown on the final plat after approval by the Natural Resources Committee. 7) Plan #SP-1 shall correctly label Shunpike Road. 8) The occupants or owners of the lots shall be responsible for the maintenance of the holding �ond. The City will not be responsible. 9) The developer shall erect the necessary stop sign and street name signs. 10) It is the applicants responsibility to record the final plat within 90 days or this approval is null and void. It shall be approved by the Planner and signed by the Chairman prior to recording. 1 M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Jane S. Bechtel, City Planner Re: Gregory Industrial Park Traffic Date: June 13, 1985 The Gregory and Daughters Industrial Park was allowed 125 trips per peak hour by the City and the State. This figure was stated incorrectly as 125 trips per day in the Land Use permit for the Industrial Park dated July 1, 1980, and was later corrected in the land use permit for lot #1, Reprographics, as 125 trips per peak hour. The peak hour is 4 to 5 P.M. (see attached). I believe this figure is high for this intersection but nonetheless was allowed. From the 125 trips, Reprographics used 14, RIVCO projects 6, and Park & Fly projects 40 per peakrhour,leaving 65 for futures development. These trips'can.be.handled by Williston Road although the capacity figure for.Will'iston Road does not address safety, turning and speed. I agree with the concern of the Planning Commission in 1980 for the intersection. Their approval did, however, require a provision for a future road from the back of the industrial park to the south- west through the RDR property. Also traffic was to be reviewed again before the fifth lot was to be developed. a The State requiredA272 foot deceleration lane from the entrance to the hill crest, a blinking warning signal at the top of the hill and a sign at the bottom of the hill warning of the entrance. The posted speed is 40 m.p.h. There are clearly problems with this intersection that have been addressed by both the Planning Commission and the State. It is incumbent upon the State to enforce their stipulations and for developers to fulfill their obligations. It will be up to the City to insure the road is built through to Kimball as soon as the property to the south is developed. This through road will be especially advantageous if vehicles are prohibited from making left turns from Gregory Drive during peak hours and instead use Kimball and Kennedy Drive to connect to points west- ward. In summary, I believe the stipulations of the State and the Planning Commission attempt to address the intersection problem. Unfortunately, the most important improvement, the through road, will not be undertaken -until some point in the future. Nevertheless Williston Road can handle this increase in traffic although it says nothing about ease, delay time and safety of entering on to Williston Road. i PLANNING COMMISSION APRIL 8, 1980 The South Burlington Planning Commission held a meeting on Tuesday, April 8, 1980 at 7:30 pm'in the Conference Room, City Hall, 1175 Williston Road 4 Members Present Sidney Poger, Chairman; George Mona, Peter Jacob, Robert Walsh, Kirk Woolery, James Ewing Member Absent Ernest Levesque i Others Present David Spitz, Planner; Robert Krebs, Meg Lukens, Dave Nicholson, C.W. Gregory Minutes of April 1, 1980 Mr. Mona noted that at the last meeting, he had wanted the words "and noted on the plan of record" added to the second stipulation of the University Mall approval. Although the same phrase was not at that time added also to the first stipulation, Mr. Mona felt it had been the intent of the Commission that the phrase apply_.also to the City Planner -in stipulation 1. The' -Commission agreed that that had been their intent, and the words "-and noted on the plan of record" should be added after "City Planner" in stipulation 1 on page 2. Mr. Woolery moved to approve the April 1, 1980 minutes as amended, Mr. Jacob seconded, and all voted aye. _ _ .._ -- Final plat application of trego y and Daughters ''for a 6-lot industrial subdivision on a new street to be called Gregory Drive off Williston Road Mr. Robert Krebs said the plan was relatively unchanged from the last meeting. City Manager Szymanski's requests have been incorporated into the plan. Water and sewer will be provided for all 6 lots and a new right turn lane will be added on Williston Road. The state has reviewed the plan, as has Traffic Engineering Associates (see attached copy of that report). The maximum amount of traffic anticipated at this intersection is 9% of its total capacity, Mr. Krebs told the commission. A sign prohibiting left turns out of the development will be posted. Mr. Mona felt that would be totally unenforceable. It was noted that a large truck could go straight into the street opposite this development in case of an emergency (a car coming over the hill while the truck blocked several lanes). It was felt that No Left Turn signs would be ignored. The possibility of a traffic light at the intersection was discussed. Mr. Krebs stated that if a truck did try to go left up the hill and another car came down the hill, that car could go into the new right turn lane to avoid the truck. _ It was noted that more vehicles would go toward Burlington than Williston. It was suggested that, at a later time, if there appeared to be a problem here, a light could be studied. Noting that it might be dangerous to have a light on this hill, the commission suggested cutting down the hill, or putting the light at the top of the hill and having it tripped by exiting trucks. Mr. Krebs noted that there would be a flashing light 750' before the intersection, and Mr. Gregory added that someday there would be a road for trucks to exit from the development to the rear to Shunpike Road, Kimball Avenue, and then to Kennedy Drive. f " - . PLANNING COMMISSION APRIL 8. 1980 The commission liked that idea. Mr. Poger found Traffic Engineering Associates' report confusing. It stated there might be„Q2 vehjcles for this development at theW_eak_hour, and Mr. Poger felt that was a very high figure. He also wanted to know what the Associates would say about the intersection given the possibility that cars would come over the hill, not at the posted 40 mph speed, but at 45 or 50mph. He wanted to know how fast a car could come over the hill and still have good sight -distance. Mr. Poger suggested reviewing traffic again after a few of these lots had been developed. t Mr. Gregory said Green Mountain Power had given permission to move its poles if he needs more room to build on lot 4. Mr. David Nicholson represented Mrs. DeLeclair, the neighbor to the east�of the property. She is concerned about drainage. It was noted that there would be catch basins for water, as well as a ditch from the turnaround to the brook and a natural ditch along the property line of the two lots. Mr. Woolery moved that the South Burlington Planning Commission approve the final plat application of Gregory and Daughters for a 6 lot industrial subdivision on a new street called Gregory Drive off Williston Road as depicted on a plan and attached drawings entitled "Final Plan, Gregory and Daughters. Industrial Park,"preDared by Krebs and Lansing Consulting Engineers and dated February 1980, subject to the following stipulations: 1. Driveway entrances to lots 3 and 4 shall be located so as to be compatible with the future right of way to the RDR property. Front -yard setbacks shall also conform to the proposed right of way. 2. Lot 3, which may be bisected by a future road, is approved as one building lot only. 3. Upon development of the RDR property to the west, the Planning Commission shall review the need for a street connection to be provided by the subsequent developer to the Gregory Drive cul-de-sac. 4. The following revisions in construction and -site details shall be submitted for approval by the City Engineer and shall be incorporated into the final maD submission: (a) Addition of a curb cut and pull -off area adjacent to the pumping station large enough to accomodate a service truck. (b) Water service to the pumping station. (c) Catch basin grates of type Neenah R3405-R or equivalent. 5. If any portion of the subdivision is served by three- phase__Power,_hatL type of power shall also be provided to the pumping station_ 6. The existing fire hydrant at Williston Road shall be relocated as an rp oved the Fire Chief and the new location shall be indicated on the final map submision. 7. Sewer capacity for the industrial park has been estimated at 1-500 to 2000 gallons per day for the purpose of sizing the pumping station. Each lot's allocation of the Airport treatment plant capacity shall be made at the time of site plan review. Findins,.s of r-;I t #4Cn43�7 Page tion of the storm%tiater outfall from the cul-de-sac. There is sufficient water available and no existing water supply will be unrea �nably burdened: i) The applicants estimate that water demand of the project will be approximately 1S00 gallons per day. If the cumulative water de- mand of the lots exceeds 1500 g.p.d., the Commission will require the permittees to submit additional evidence that a burden will not result. ii) The project will be served by municipal water from the Champlain Water District. The Commission accepts the letter (Fxhibit #6) from the District that there is sufficient water available and the project will not restrict nor encumber present constuners. iii) The Department of Health has approved the design of the water line extensions within the project. (Exhibit #14) iv) William Szymanski and Robert Gardner have stated that the project will have no undue effect on the municipal water system. (Exhibits #7 F, #8) 4. There will be no unreasonable soil erosion or effects on the capacity of the land to hold water: i) The soils are primarily sandy and slope toward Muddy Brook. Most of the proposed road will be filled; the slope for the decelera- tion lane is the only cut slope, which will he graded to 1 on 3. All construction on the cut slope, including seeding and mulching will be done within 5 days. ii) Temporary soil erosion controls are depicter} on Exhibits #37, #38, ong the F, r30. They llnsloteoforathearoad,les rands}atatch t}�e outlet �oflthe dis- toe of the i P charge suales into Muddy Brook. iii) Permanent erosion controls consist of a rip -rapped ditch from the cul-de-sac to the Brook and a is, rip -rapped section at the out - fall from the culvert umder Ruite 2. iv) The applicants have calculated storm runoff to be 1.S cfs for a 2S year storm with an intensity of 4"/hour. The existing 18" RCP culvert across Route 2 has a present capacity of 40 cfs and a velocity of 18' /second when flo�dm,, fiil l . The culvert is pre- sently not in use at all and will pick up drainage from S catch basins along the first section of road, the deceleration lane, and entrance. v) Construction on each lot will be reviewed for erosion control when amendment applications are made for buildings on the. lots- S. This project will not cause unreasonable safety or congestion condi- tions with respect to highways or other means of transportation: i) williston Road has the capacity to accommodate the additional ........ ..... Findinc,s of }-Jt #4C0437 Page 4 ?.S trips per day, that will result according to Exhibit #19, a triffic study by Traffic raigineering Associates. If the trips per day exceed this estimate, the Commission will require addi- tional evidence from the applicants prior to ;approving further construction in the park. ii) Sight distances at the intersection with Route 2 are 430' to the west and 500' to the east. The posted speed limit is 40 MPH. iii) The Agency of Transportation must issue an access permit. The Agency has stated that they tentatively approve the intersection design with the deceleration right turn lane. (Exhibits #16 � #2S) iv) The applicants will install a deceleration lane a total length of 27S' from the entrance to the crest of the hill on Route 2. The applicants will also install a blinking warning sign at the top of the hill and a sign at the bottom of the hill warning of the entrance. The Commission accepts this design and the traffic report as evidence that unreasonable safety and congestion will not result. 6-7. There will be no unreasonable burdens on educational or other munici- pal services: F1IUCAT I ON : There is no measureahle impact on educational services resulting from this project. P,R NICIPAL SERVICES: i) PUnicipal services to be provided to the project are water, sewer, police and fire protection, and highitiray maintenance. ii) The fire chief has reviewed plans for the project and has stated that with the two hydrants depicted on the February 4, 1980 plan, proper fire protection can he provided. (Fxhibit #10) iii) The City ?Manager has stated that city facilities have the reserve capacity to accommodate the added water demand and sewage flows. (Exhibit # 8) iv) The applicants have agreed to constnict the road and all utilities to City specifications. (Exhibit #11) The City will accept these facilities iinon conmistion to the approved plans and transfer by deed to the City. v) The City has required that the applicants post bonds for the con- striction of all public improvements. (Exhibit #13) vi) The Commission accepts the above as evidence that undue burdens on the municipality will not result. vii) The Commission will review each amendment application for con- formance of the plans with the impacts anticipated herein. In *11 #4CO437-3 Findings of Fact Page 5 recommendations with the exception of hydroseeding. Rather than hydroseeding the applicants will rol 11 mulch into the soil and apply seed, as recommended, in the spring (Exhibit #11 and testimony of applicant). 15. The applicants has stated that the measures described will prevent erosion during the winter. The applicants will require that the contractor regularly inspect these sites (testimony of applicants) and the Commission will require this by permit condition. SECTION 6086(a) (5) TRANSPORTATION The Commission finds that this project will not cause unreasonable congestion or unsafe conditions with respect to transportation. This finding depends on and is supported by the following: 16. The applicants submitted evidence which convinced the Commission that the #4CO437 Findings of Fact dated July 1, 1980 should be corrected. The 125 trips per day noted in those Findings should be changed to 125 peak hour vehicle trips. (Exhibit #12) . 17. This project is expected t,generate 14 peak hour vehicle trips. The driveway will access onto the road approved in Land Use Permit #4CO437 (Exhibit #5 and #12). Land Use Permit #4CO437 approved a maximum of 125 peak hour vehicle trips for this industrial park. Therefore, 111 peak hour vehicle trips remain available for future development." SECTION 6086 (a) (7) MUNICIPAL SERVICES: The Commission finds that this project will not place an unreasonable burden on the ability of the municipality to provide municipal or governmental services. This finding depends on and is supported by the following: 18. The South Burlington Fire Chief and Police Chief have stated that the services of their departments can be provided to this project (Exhibits #13, 16 and 17). 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: SUMMARY h CONCLUSION Based on a comprehensive review of traffic operations at he intersection of Palmer Circle and Williston Road (The site roposed for the Gregory and Daughters Industrial Park) it is 4 of likely that the small amount of additional traffic will have n adverse impact on traffic flow or safety. A field evaluation of the existing intersection revealed pavement width of 45 feet on the West Approach, 30 feet on ,he East Approach and 29 feet on the North Approach, (Palmer 'ircle), and average grade of 8% on Williston Road and stopping istance of approximately 430' on the West Approach, adequate or the 40 MPH posted speed limit.' The pavement width on the ast Approach is sufficient for the addition of a 10 foot Left urn Lane and the developer proposes to widen the West Approach D include a 12' Right Turn Lane. Peak hour traffic volumes were obtained from an automatic raffic recorded place on Williston Road near the proposed site. he peak hour measured during the four day observation occurred n Friday from 4-5 P.M. It was 1490 vehicles. The volume of raffic anticipated to enter and exit the proposed Industrial ark was computed using trip generation rates established by the nstitute of Transportation Engineers. This volume was computed o be 125 vehicles during the adjacent roadway peak hour. The capacity of the proposed Left Turn Lane and Right Turn acne were computed and compared to the project volumes to use heSe lanes. Based on these comparisons there is adequate aDacity available to accommodate the small volume of traffic kpected to use these lanes without causing any significant Page 1 items: uu pact on existing traffic. It should be noted here that the fisting intersection is currently stripped for the proposed ft Turn Lane. Therefore, the use of this lane should not fect the existing traffic flow, as it will not change the Ow pattern or add traffic to the Thru Lane. With appropriate lane markings, warning and regulatory gns it is unlikely the proposed access will create a safety oblem. A review of traffic accidents reported at or near e proposed access road during the past two years revealed ly one accident. This was a single car accident involving small male deer. Page 2 itei i Y �1nr NORM C P.O. Box 333 YLANNING Winooski. Vermont 054O4 c802> 655-3661 June 5 1985 Robert and Lynn Charlier Business Place 1 Lawson Lane Burlington, Vermont 05401 Dear Mr. and Mrs. Charlier, This letter addresses potential traffic impacts from the proposed Park & Fly facility in Gregory and Daughters Industrial Park in South Burlington. Included are estimates of traffic volumes to be generated by your business and general comments on traffic impacts in the vicinity. Several assumptions are used in generating traffic volume estimates. 1) 208 storage spaces for customer vehicles will average 90% occupancy. Initial occupancy will certainly be much lower, and average occupancy may never reach the 90% level; but a "high -range" estimate is used to provide a margin of safety. 2) Average parking duration per vehicle will be 2 days or more. Available figures from another airport parking operation Pittsburgh indicate an average of 1.6 days for "long-term" parking and 3.5 days for "extended" parking. The Burlington International Airport's 1985 "Terminal Area Update, Final Report" indicates that 23% of survey respondents parked for 2 or more nights. This facility will be geared to the longer term parkers. In fact, the pricing structure is such that savings over airport rates will only be achieved by those parking 3 or more days. 3) Four company vans will shuttle parkers to and from the airport at fifteen minute intervals during peak periods. The vans per hour represent a maximum rate. Actual van trips will be geared to parker and airline arrivals; no van trips will take place when there are no arrivals. 4) Traffic will be fairly dispersed throughout the day. Air -related traffic peaks are less pronounced than roadway peaks and tend to occur at different times. The 1983 airport master plan indicates 10-11 a.m. and 6-7 p.m. as peak periods for commercial air carriers. 5) There will be an estimated maximum of 6 employees at any one time. Park & Fly 6/5/85 Traffic Impact Report page 2 Based on the listed assumptions, estimated peak hour traffic for all aspects of the Park & Fly business is as follows: Customers -- 24 peak hour trips Vans -- 8 it it it Employees & Miscellaneous -- 8 if if " Total -- 40 peak hour trips The estimated total of 40 peak hour trips for the 2 lots to be occupied by Park & Fly is well within the permitted limit of 125 peak hour trips for the Gregory & Daughters Industrial Park. General Traffic Comments Several advantages are provided by the location of Park & Fly in the Gregory and Daughters Industrial Park. First, it is likely that this use's peak hours will not coincide with those of Williston Road. Second, many of the permitted uses in the industrial park could include a significant amount of truck traffic. Due to the park's access location on a steep hill, the type of vehicles associated with this proposed use are vastly preferable. Lastly, Park & Fly can provide a significant benefit to the airport. The 1985 "Terminal Area Update, Final Report" indicates that a deficit of 498 parking spaces may occur by 1995 unless additional facilities are provided. The report also encourages greater emphasis on short-term parking close to the terminal. Presumably, the proposed parking facility with its reasonably close access to the airport (approximately 1.5 miles and 3 minutes driving time) can relieve some of the long-term parking demand. In conclusion, no adverse traffic impacts are anticipated from the Park & Fly facility; and the use can offer many advantages at the proposed location. I would be happy to provide any additional information that may be required. Sincerely, Pam' 1� ,s David H. Spitz DUNCAN • WISNIEWSKI ARCHITECTURE )■ 313 SOUTH WINOOSKI AVE., BURLINGTON, VERMONT 05401 (802) 864-6693 Mr. Richard Ward Zoning Administrator South Burlington Vt 05401 21 May, 1985 Dear Dick, Enclosed are eight sets of drawings(site plan and floor plan) for our proposed Park and. Fly project in the Gregory and Daughters Industrial Park off Williston Road. We are submitting these drawings, and attached application, for a conditional use permit. As I mentioned on the phone, we feel our proposed project is very close to some of the permitted uses in the IC district. However, since this business is a bit unique, and does not fit the exact definitions under permitted uses, we understand your desire to look at it closely before issuing your approval. For the record the proposed use is as follows: Park and Fly is a business which will provide secure parking, both short and. long term, for users of the Burlington Airport. Mini -vans will transport customers to and from the airport. Minor servicing such as wash and wax, oil change etc. are available for users of the parking service. Please feel free to call me with any questions you may have, or if I can be of any assistance in helping with our permit. The recept- ionist informed me that I could have our four sets required for site plan approval in by Friday --this will give us the time needed to tune up our landscaping plan. Thank you. Very my rs, � 1` Michael Wisniewski May 28, 1985 Mr. Robert Charlier Business Place Lawson Lane Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Charlier: Be advised that the Zoning Board of Adjustment will hold a public hearing on Monday, June 10, 1985 at 5:00 P.M. at the City Offices, 575 Dorset Street to consider your request. Please plan to be in attendance. If you have any questions please don't hesitate to call me. Very truly, Richard ward, Zoning Administrative Officer RW/mcg ' NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant j7wCwk Wt ��k �4Q,GNI�Ci(�BE� Name, address of property owner L%-(Vjtj Am C""eLF1 Fusly'X%Bal • _ � .:. �: '._ :� !1 !a . � I,.►: • it � � � Property N I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing f of $30.00 which is to off -set the cost of the hearing. n n, n. Hearing Date 1 1. Signature of Appellant Do not write below this line ---------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at (day of week) month and date time to consider the following: ,r Appeal of g seeking a'C7d'' from Section ,.. ,,'9D, of t h e South r. Burlington Regulations. Request is for permission to/��.�: �,,, _�,� � a., �_.�...3 u.Z• � o-,�. ,,�'�.�.,�.. ,�' „� tom' , �-�.-�. /i - j NORM COUNTRY _ Box 333 --- PI��:1�Zl�III�IG . " �. w1�oa�. Vermont 05404 ,�'►� "�"-" (802) 655-3661 F June 5, 1985 Robert and Lynn Charlier Business Place 1 Lawson Lane Burlington, Vermont 05401 Dear Mr. and Mrs. Charlier, This letter addresses potential traffic impacts from the proposed Park & Fly facility in Gregory and Daughters Industrial Park in South Burlington. Included are estimates of traffic volumes to be generated by your business and general comments on traffic impacts in the vicinity. Several assumptions are used in generating traffic volume estimates. 1) 208 storage spaces for customer vehicles will average 90% occupancy. Initial occupancy will certainly be much lower, and average occupancy may never reach the 90% level; but a "high -range" estimate is used to provide a margin of safety. 2) Average parking duration per vehicle will be 2 days or more. Available figures from another airport parking operation (Pittsburgh) indicate an average of 1.6 days for "long-term" parking and 3.5 days for "extended" parking. The Burlington International Airport's 1985 "Terminal Area Update, Final Report" indicates that 23% of survey respondents parked for 2 or more nights. This facility will be geared to the longer term parkers. In fact, the pricing structure is such that savings over airport rates will only be achieved by those parking 3 or more days. 3) Four company vans will shuttle parkers to and from the airport at fifteen minute intervals during peak periods. The vans per hour represent a maximum rate. Actual van trips will be geared to parker and airline arrivals; no van trips will take place when there are no arrivals. 4) Traffic will be fairly dispersed throughout the day. Air -related traffic peaks are less pronounced than roadway peaks and tend to occur at different times. The 1983 airport master plan indicates 10-11 a.m. and 6-7 p.m. as peak periods for commercial air carriers. 5) There will be an estimated maximum of 6 employees at any one time. Park & Fly 6/5/85 Traffic Impact Report page 2 Based on the listed assumptions, estimated peak hour traffic for all aspects of the Park & Fly business is as follows: Customers -- 24 peak hour trips Vans -- 8 " anployees & Miscellaneous -- 8 " Total -- 40 peak hour trips The estimated total of 40 peak hour trips for the 2 lots to be occupied by Park & Fly is well within the permitted limit of 125 peak hour trips for the Gregory & Daughters Industrial Park. General Traffic Comments Several advantages are provided by the location of Park & Fly in the Gregory and Daughters Industrial Park. First, it is likely that this use's peak hours will not coincide with those of Williston Road. Second, many of the permitted uses in the industrial park could include a significant amount of truck traffic. Due to the park's access location on a steep hill, the type of vehicles associated with this proposed use are vastly preferable. Lastly, Park & Fly can provide a significant benefit to the airport. The 1985 "Terminal Area Update, Final Report" indicates that a deficit of 498 parking spaces may occur by 1995 unless additional facilities are provided. The report also encourages greater emphasis on short-term parking close to the terminal. Presumably, the proposed parking facility with its reasonably close access to the airport (approximately 1.5 miles and 3 minutes driving time) can relieve some of the long-term parking Oemand. In conclusion, no adverse traffic impacts are anticipated from the Park & Fly facility; and the use can offer many advantages at the proposed location. I would be happy to provide any additional information that may be required. Sincerely, David H. Spitz Burlington Internabonal Airport 3 June 1985 South Burlington Planning Commission 400 Dorset St. South Burlington, Vermont 05401 Copied to: Zoning Board City Council Dear Sirs/Madames: re: Hotel and Restaurant Proposal K.W. Ventures Williston Road The Airport Commissioners have asked me to convey their concern regarding this proposal to construct a 108-room hotel, restaurant and outdoor pool in the clear zone to Runway 1-19 - about 500 ft from the south end of Runway 1. In 1984, the Airport served 120,000 aircraft operations of which 65 percent (78,000 operations) used Runway 1-19. That is more than 200 operations a day, many of which pass over this proposed hotel site on landing or takeoff. Our operations are expected to increase in the future. Runway "clear" or "approach" zones have been likened to a funnel that becomes increasingly narrow as aircraft fly through the zone to a touchdown on the runway. Nationally, about 65 percent of all aircraft incidents occur in landing and takeoff phase of flight activity. As you know, Runway 1-19 is used mostly by smaller general aviation airplanes including single engine and light twin types. Smaller commuter airplanes use this runway frequently. Some larger airline types, twin engine F-27s and 4 engine Dash 8s use this runway from time to time, depending on weather and winds. Our records show there have been three airplane crashes within 500 feet of the proposed hotel/restaurant since 1977. One of these crashed Airport Drive Box 1 South Burlington Vermont 05401 802/863-2874 Walter E. Houghton s Director of Aviation :'�` 3 June 1985 Page Two 150 feet from the nearest point of the hotel site. The developers of this particular land use, K.W. Ventures, appear to have conformed with all Federal Aviation Administration regula- tions regarding obstructions projecting into the Runway 1 clear zone. We are assured hotel construction would use soundproofing materials. But noise and physical obstructions are not at issue here. Unwarranted future risk to hotel and restaurant occupants is our pro- found concern. It is this concern that both the Airport Commissioners and management now express to you. We believe it is our moral obliga- tion to suggest that any high occupancy use in this or any other clear zone is an unacceptable future risk. The FAA, by and large, does not address this land use issue but rather leaves it to local planners ;ind administrators such as yourselves. The FAA has advised..."congregation of people .... must be avoided in the runway clear zones." The Airport Commission does not have and does not seek the authority to grant or deny the highest and best uses of any lands in the City of South Burlington. Clearly, that authority rests with the people of South Burlington and their officials. We offer you only the Commissioners' unanimous public expression of con- cern over a high occupancy land use of this particular site. We offer to be present at any meetings at which this hotel proposal is on the agenda to answer your questions. If, in the meantime you have questions, I would be pleased to answer them. The,City of South Burlington and the Airport have made constructive strides toward cooperative solutions to common problems in the last several years. We would be happy to meet with South Burlington planning officials to explore appropriate land uses that relate to aviation safety and that are important to the welfare of the citizens of South Burlington and to private enterprise in South Burlington. Respectfully, �? C ", Walter E. Hough on Director of Aviation cc: W. Parris, Airports Division, FAA, N.E. Region CHARLES T. SHEA STEPHEN R. CRAMPTON STEWART H. McCONAUGHY ROBERT B. HEMLEY WILLIAM G. POST, JR. CRAIG WEATHERLY JOHN R. PONSETTO NORMAN WILLIAMS JAMES E. KNAPP DENNIS R. PEARSON D. RUSSELL MORGAN GRAVEL AN D SH EA ATTORNEYS AT LAW 109 SOUTH WINOOSKI AVENUE POST OFFICE BOX 1049 BURLINGTON, VERMONT OS402 July 31, 1985 Mr. Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05401 Re: Application of Ms. Lynn Charlier For Park and Fly Airport Parking Facility Dear Mr. Ward: TELEPHONE 658-0220 AREA CODE 802 CLARKE A. GRAVEL COUNSEL Enclosed please find a completed Application for Zoning Permit concerning the above -captioned proposal. After visiting with City Attorney Richard Spokes, I can represent that he is in agreement with our position that the proposed use is in fact a permitted use in the airport district is a reasonable interpretation of the ordinance. As I briefly explained to you, I believe the proposed use falls within the purpose of the airport district since it is a use of property which directly relates to airport operations, namely the providing of parking facilities. Further, I believe the proposed use falls within the permitted use delineated in Section 14.101 whereby required facilities to an airport are expressly permitted. There is no requirement in the South Burlington ordinance that the required facilities be operated by the airport commission or be located on land actually owned by the City of Burlington and used for the airport. In fact, there are a multiple number of examples in both the Airport and Airport Industrial zones where improvements and facilities directly related to the operation of an airport are owned and/or operated by persons or entities other than the airport itself. Further, I have been unable to find the categorization of parking lots as a permitted or conditional use in any other zone in the South Burlington Ordinances. Your decision to issue a zoning permit is of course subject to your determination that the enclosed plans do in fact not require any variances which would mandate Zoning Board of Adjustment review. Mr. Richard Ward Zoning Administrator July 31, 1985 Page Two Very briefly, the use on the property will be strictly for a parking lot with the only improvement to the lot other than parking spaces being the construction of a small building for the operation of the parking lot. There will be a small office, a place for people who have parked their cars to stay inside during inclement weather until they board the shuttle vans going back and forth to the airport, and an exit barrier facility similar to those used by the airport's existing parking facilities. Ms. Charlier is in the process of preparing to apply to the Planning Commission for site plan approval. We are anxious to obtain the issuance and posting of the zoning permit so that the permit approvals will be achieved in an appropriate and expedited time frame. Thank you for your cooperation in this matter. You will be interested to know that several of the adjoining neighbors have already been approached by Ms. Charlier and have expressed support for the proposal. Should there be any further question, please contact me directly. As always, I appreciate your interest and cooperation. Cordially, GRAV L and SHEA v Ste en R. Crampton,; SRC:wsb Enclosures CC: Lynn Charlier PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 August 5, 1985 Attorney Stephen R. Crampton P.O. Box 1049 Burlington, Vermont 05401 Re: Park and Fly - White Street location South Burlington Dear Steve: ZONING ADMINISTRATOR 658-7958 Your application for a Zoning permit is premature. Your proposal is subject to site plan approval by the Planning Commission prior to issuance of a permit (Section 19.10 Zoning Regulations). I concur with your interpretation of the purpose section from the regulations. The proposed parking facility will be classified as a permitted use. Upon completion of site plan review and compliance with all conditions set forth by the Planning Commission, this office will be happy to issue a permit. If you have any questions, please don't hesitate to call me. Ver truly, -��-A Richard Ward Zoning Administrative Officer RW/b cg g' C� 04; PvvgE City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 29, 1993 Ms. Amy Gregory Investors Corporation of Vermont 126 College Street Burlington, Vermont 05401 Re: Zoning Appeal Dear Ms. Gregory: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, December 13, 1993 at 7:00 P.M. to consider your request for a conditional use approval. Please plan to attend and be prepared to address the criteria enclosed. Verytruly, ."'� �/> d Richard Ward, Zoning Administrative officer 1 Encl RW/mcp "ter R°4rho°o� �NONOr g9�aen°e r�C�CN e ns �gron k/fh ho/ a�a 6��?4 na C2oni the nhe S a pf gagr°- S'q apteg eooAai nth 4bii c G ae 2 e ee ROo /eer 9t ant w, °e 'n0 `S' n) S °n �.r at A n/be nt 4th i6 CO 4. oh,/ to 73 nt4 o9a-// 9� sfe` �'r nsd 93 �r B� fshie/ gppe the '.•00 t/ °jh ass a/ fo% r3 na/ seOt/o e�/n Of p oirn lg/sosn/ho eeqSefeg Ss, 464h�Co 'Oe'>rhr/n 9b�sn �aihavir ' ng�eQ aa/n9/spoco /se9ois� Or F�tnnan n0 sean� oeaoenegars o a°rr aeg"se�s/74o4,04°rf+r+ �rycer o� qp en On�ate�he��? 'i ��Ojn'ne s'OBai at �o 9 of of sesp� ° ang a to r! R�oorn JeOo fa/ni,� °n�e''ic� cb" 4A, aV Oct/p� Va e a.OpenCe staff err 64a'nor. K/th fear°xin sto °n e �3 OShe/boo`ne'Oe r`'"o °°ny / q °�poq'°pe one R eaC/bay p�oya/f�egOCOa/ Of Oa° kaCo n °f /n4 ��// .% on'Y s !•e ear 3n�'sss. 9t0n017/nr a°nrs ng 000 s to�est c s f eg e`' th ?oosfno'rrecfo a, ,anc}/ nsaqasn�a'� B c/a e�eh aepr70, °n to.,ee ar torOOt f ei/7' 49/ rSceoa . 19 r a�/a Ca ° O asca_�4 nce e,/e foego� t o thBNing ibJ fro n s�xistpe ins 2SOorh q��e t f�0 /on RsgO n r eOr p ohich 8 /O�t yto Aear sg fo seaeos a �x %BJ 'f /eae °mop rna °onsa°/r peg aeay a oga ec'ry;s h jar ss r/on r 1 bi/ba ana n o at�n ROkef seO' �'0pe �Bnn ay �eag��0 e Sr ai e Sec'.11 eph Of hto. " t ) a Bn Ahi�j ` ond;- ena r�6 �O�e fo e9�lh/ernai seso Moirj °ny /�aQre� sso nRees 7 n 2 f th o � net 2 an n tll r 90 °ni e /ira ae e 1112041 /vngec� user s r°'ba an nto /ce e Sons ar Srr%t teo,6g��/�� t 3S6 r� n gt e sa� °n4 jt/ee D/ o the R;c nr. °rh sus" toc n/n 0. e4�//OO stag No'�ns ngtO� t eZ r�au ' t�3 0� 1�; I 7Z- 7 Zir etc /'y', o,r ,4�-� y i July 9, 1985 Mr. Robert Charlier Business Place 1 Lawson Lane Burlington, Vermont 05401 Dear Mr. Charlier: Be advised that the South Burlington Zoning Board of Adjustment has granted approval of your request. Formal findings will be issued by the Board of Adjustment at a later date. Your proposal is subject to Site Plan approval by the Planning Commission, contact Ms. Jane Bechtel at this office for scheduling. If you have any questions regarding this matter please don't hesitate to call. me. RW/mcg very truly, Richard Ward, Zoning Administrative Officer Z t, r3 - .-?. 200 1 1) 1 City of South Burlington Application to Board of Adjustment Date Official Use APPLICATION # HEARING DATE Applicant J)cP-4OA5Cof420(e�)m1 \bfMv " owner, leased, agent 131"n- Address 12U ( (O Telephone # Landowner 0u;a� I FILING DATE FEE AMOUNT ul`.) Address >jtAJ�?.t ��,�eOw�rny/U cv�' dYcG Location and description of property ,_9�- I ValIc- Type of application check one ( ) appeal from decision of Administrative Officer( LJ'request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question I-Q-Z Reason for appeal �Ui��tnC vSl��. AWL mu1-h ` cam'- W'-L(-P aU'0_.d_ {- C)k&C__ The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Sigurd✓ oFrApp&(lQant Do not write below this Mine SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of cam` !/f� o �°`� G• j0 '� �/�'Y1—Zf .Y' seeking from Section of the South Burlington Zoning Regulations. Request is for permission to 4�'4� 102 ,?' i v� t M