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HomeMy WebLinkAboutBATCH - Supplemental - 0630 Hinesburg RoadREILLY, RAY Jr. H.A.M.- B.C.D. Properties 630 Hinesburg Road at Kennedy Drive Area R-7 District Section 10.20 Conditional use - sub section 10.204 medical offices Proposed remove existing building (Reilly Tire) and replace with 60' x 108' three story structure - use medical clinic d.b.a. Immediate Health Care Section 19.104 landscaping requirements sub section B - front yard maximum use 30% for parking and driveway - proposed parking and driveway - proposed area of front yard 52% approximately (area defined from Hinesburg Road) o � o NOTICE ON APPEAL. SOUTH BURLINCTON ZONING 110ARD ON ADJUSTMENT Name, address and telephone # of applicant H.A.M. - B.C.D. Properties 1 Kennedy Drive, South Burlington, Vermont 864-8366 Name, address of property owner Ray Reilly Jr., Reilly Tire Corporation, Hinesburg Road; South Burlington, Vermont Property location and description Hinesburg Road, South Burlington, Vermont Three story medical office/general office 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 th caring fee of $30.00 which is to off -set the cost of the hearing. November 23, 1987� -- Hearing Date ibelow this lito e f Appellant Do not write eow ts ne 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 2e G: 1,0-i-'w-o �from Section e'0 'esV1 0 of the South o Burlington Regulations. Request is for permission to ,� eC'j ��j0 11,) *iA. L f i eer'/ � ' 6t 00-en `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 riublic hearing at the South Bur- ngtan Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont ',on Monday, November 30, 1987, .at 7:00 P.M. to consider the following: # I Appeal of Roland and Pauline Decorreou seekingg a variance, from Section 18.00, Dimensional 'requirements of the South Bur- lington Regulations. Request is for permission to construct o 26' x 33' garage to within nine (9) feet of northerly side yard and ten (10) feet of easterly rear yard, located at 80 Hinesburg Road. #2 Appeal of Ray Reilly Jr. and H.A.M. - B.C.D. Properties seek- ing approval, from Section 10.20, Conditional uses sub sec. tion 10.204 Medical offices of the South Burlington Regulations. Request is for permission to con- struct a 60' x 108' three story buildinoccupying some as a medicalg, office, also requesting a variance from Section 19.104 landscaping requirements of front yard, request permission to occupy approximately 52 per- cent for parking, on a lot con- taining 1.45 acres, located at 620 Hinesburg Road. Richard Word, Zoning Administrative Officer November 11, 1987 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 November 17, 198T H.A.M. - B.C.U. Properties 1 Kennedy Drive South Burlington, Vermont 05403 Re: Zoning appeal Dear Sir: 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, November 30, 1987 at 7:00 Y.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer R.W/mcp cc: Ray Reilly, Jr. No Text 0 .. .., ... ..�, ,.,. nm .eF.�R..+�PY'fikW��II�. Y •� '��. '.'Y.Jk. Tl�.,i@k pb1GYtl Atli ;.EV.fi.PM9rw.r.. 1.. �' , CITY OF SOUTH BURL,IM;I'ON Subdivision Application - SKL-fcH PLAN 1) Name, address, and phone number of: a. Owner pf record �bWMAA A . '$U ," 0e. Ibfl L . b. Applicant T l -76 4 D� C. Contact personA �� ( L 2) purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) Applicant's legal interest in the proper.ty (fee simple, rtion, etc) I 4) Names of owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. n f 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. M WO yy t-.0. r 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: 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 4nd (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing anti 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. ture) appl or contact terson AatV co/II/­``­`­t.' 3. PLANNING COMMISSION SEFTF1MBER 6. 1983 Public hearing on revised preliminary plat application of Bourdeau/Rye properties, Hinesburg Road Mr. Page, representing the developer, said preliminary approval had been granted in December for 20 units. More land has been added to the project since, but the layout is similar. Parcel A has about 4 acres and parcel B contains about .6 acres. The Rye land was purchased because of Commission concerns at the last meeting about integration of the parcels and better access to both parcels. What is shown now is access to both parcels across from the Country Park entrance. Mr. Page said both existing homes would be left as they are. There is a 30' separation between all buildings except the carports. In addition to the Rye land, some O'Brien land behind Bourdeau has been added for density purposes.. There will remain two separate parcels here, so this will be a subdivision over two pieces of land. Mr. Ward said parcel A had less than 4 acres, so 28 units would not be allowed. Mr. Page said the number of units had been a result of using 6,000 sq. ft. per unit, as provided in city regulations. Mr. O'Brien, the developer, said parcels A and B were under separate ownership and would remain separate. Mr. Ward suggested moving the property line to.give A the 4 acres it needs for the number of units proposed. Mr. O'Brien said he intended to keep the single family dwelling on parcel B for the forseeable future. It is possible, however, that in the future the Rye land could be added to land on the other side from Bourdeau, he said. Mr. Poger brought up the Fire Chief's September 1 letter to the Commission on the plan. Mr. Page said he had met with the Chief on this plan and was surprised that it was now unacceptable.. He noted that he had met with the Chief in June. He said also that the general layout of the project was unchanged from the one previously approved by the Commission. He noted that the developers had to consider many factors such as access, esthetics, etc. and they feel the plan is workable. Mr. Page said this plan would also give the Chief access to the back of the Georgetown units and vice versa, at least during times of the year when the snow is not high. Mr. Poger said the Commission usually required two access points when there were over 50 units. Mrs. Maher felt it would be good to move the entrance farther away from the Kennedy Drive intersection, as shown on this new plan, because traffic is getting heavier and heavier. She did not want the drive to the existing single family home ever to become the entrance to any major development. Mr. Jacob suggested investigating an emergency interconnection with Georgetown and Mr. Page said that would be compatible with the plan. Mr. Ward said parking areas were usually at least 15' from property lines and buildings were 30' and he said the sewer line easement should be on the final plat. The sidewalk was discussed. At the last meeting there had been a discussion on whether to require the sidewalk across the frontage of the property, or require an equal amount of walk, but start it at the corner of Kennedy Drive. Mr. Page noted that there was a deep ravine at the corner and it would be costly to fill for the sidewalk. Mr. O'Brien noted that the Rye land was under separate ownership and would remain a single family home. He was not sure the Commission should require a sidewalk across the front of that land. Mr. Poger felt that by moving property lines the developer was redefining the piece of property, so requiring a sidewalk would be proper. He added that if the land to the west of the Rye land were developed and a sidewalk put in, there would be a break between the two pieces of walk. Mr. Jacob suggested that the city start filling the ravine at the corner so a sidewalk could be built. Mr. Belter felt the sidewalk should be across the Bourdeau land and the city should take care of the rest and Mrs. Hurd agreed. Mr. Burgess wanted the walk started at the corner, if that could be done without additional expense. Mr. Poger wanted a length equal to both I'm PLANNING COMMISSION SEPTEMBER 6, 1983 properties starting at the corner, if it can be done without additional cost. Mrs. Maher favored going from the access to the end of the property line and having the city do the rest. Mr. Jacob said he would like to see the walk start at the corner. Mr. Jacob moved that the South Burlington Planning Commission approve the preliminary plat application by Gerald Milot and Daniel O'Brien for a 29 unit planned development as depicted on a plat entitled "Bourdeau Rye Properties, Preliminary Plat" prepared by Fitzpatrick -Llewellyn nc., dated August 29, 1983, subject to the following stipulations: 1. The southwest corner of parcel B should be located outside the main entrance or an easement conveyed at the time of sale of parcel B. 2. Sewer allocation is to be phased in accordance with the sewer policy developed by the Planning Commission. a)_5,000 gallons per day - Phase I b) 2,250 gallons per day - Phase II 3. A sidewalk shall be provided from the corner of Kennedy Drive to the driveway for this development, or across the frontage of the property as determined by the Planning Commission. 4. An area for storage of boats and trailers should be designated. 5. Both existing driveways should be closed. 6. All required legal documents including private road agreement, utility easement and condominium bylaws, shall be submitted as part of the final plat application. 7. Lot size of parcel B should be adjusted to allow for maximum density on parcel A. Mrs. Maher seconded the motion. Mr. Poger noted that the 5,000 gpd had already been allocated and that the 2,250 would go on the sewer waiting list as #4. Mr. Burgess noted that it did not have to be parcel B which was adjusted to get the required acreage in #7. More land from the rear can be added, if the developer wants to do it that way. The motion passed unanimously. Public hearing on revised final plat application of Valley Ridge (College Woods), Patchen Road Mr. Ward said a couple of units would be changed to duplexes and some regrading done. There is no problem with either. Mr. O'Brien said this would result in the same number of units, but more open space. Mrs. Maher said she would personally check to be sure the number of trees remained the same or increased. Mr. Jacob moved that the South Burlington Planning Commission approve the final plat application by O'Brien Brothers Agency, Inc., for a 3-lot subdivision with one _lot containing a 35 unit residential development on Patchen Road, as depicted on 1 a survey plat entitled "Valley Ridge Site Plan" and an eight page plan set entitled "Valley Ridge Site Plan" prepared by Fitz atrick-Llewellyn Associates, stamped August 17, 1983, and 2 a landscaping plan entitled "College Woods", prepared by Mt Philo Meadows, dated May 4, 1983, subject to the following stipulations: 3. PLANNING COMMISSION DECEMBER 13, 1983 Mr. Sidel said the access road, once improved, could be blocked off in a couple of ways - with a break -away lock, or with plastic pipe across the road. Both of these suggestions are contained in Mr. Sidel's 12/6/83 letter to the Commission. He also stated that he felt one of the two associations should be responsible for maintaining the through road, that there be an agreement on that with the city, and that there be a bond posted. Mr. Sidel said the Fire Chief had told him he had no concerns about blocking the road, except for how it would be maintained. Mr. Poger read the letter from the Chief regarding this proposal, which he felt said that the Chief did not want the road blocked. Mr. Sidel said that if the plan he had put forth did not work, it could be dismantled and that would be an end to it. Mr. Poger noted that conditional approvals by.the Planning Commission had not worked out well in the past. Mr. Poger asked if anyone on the Commission wished to make a motion on this request. Hearing no one, he assumed that no one wanted to have the road closed, and was told that was correct. Continued hearing on Bourdeau-Rye property, 28 unit planned unit development, Mr. Gerald Milot and Mr. Daniel O'Brien Mr. Milot said they had met with the City Manager -Engineer and had incorporated the changes he wanted to the plans. Mr. Milot said they would put in a length of sidewalk equal to the frontage of the lot. They can start it at the corner of Kennedy Drive, if the Commission wants, but Mr. Milot asked who would build the walk to the far side of their lot if they do start at the corner. The person who builds to the south of this lot will have to start his sidewalk on the lot in question here. He also pointed out that the area near the corner needed some more fill before a sidewalk could be built on it. It was decided that the sidewalk should be in front of this lot. Mr. Milot said when he got the bid for the walk, he could take it to the City Manager, because it might make sense for the city to build the walk to the corner at the same time. Mr. Milot said Mr. O'Brien had met with the Georgetown people, who had felt that there would be no benefit to them to have an emergency access between the two properties. He said, however, that this property could provide access to the property line. That way, if Georgetown residents did decide in the future that it would benefit them,it would be possible to put in such an access. The Fire Chief's letter on this plan was discussed. He does not want to have to back his trucks out of the project if there is a fire. Mr. Milot said there was not enough room on the lot to lay out the project as the Chief wants it. The Commission felt the Chief should come talk to them about the plan. Mr. Jacob moved to continue the public hearing on the Bourdeau-Rye property for two weeks, until December 27, 1983 at 7:30 pm at City Hall. Mr. Burgess seconded the motion and all voted for it. Consider request for one year extension of Grandview Xr. Lyn Palin represented Grandview. He was asked the cost of the units, which are supposed to be low-cost. He said they were S43,900 with appliances and an off-peak and storage electric heating systern. Mrs. Maher moved to grant the one .year extension and Mr. Jacob seconded. The motion carried unanimously. Mr. Krassner felt there had been an erosion problem on the site in past years and it was decided that Mr. Ward would look into that. 4. 1 PLANNING COMMISSION JANUARY 10, 1984 3. That the project is api)roved based on the following phasing schedule: Phase I - 15 lots (1984-85) Phase II - 12 lots (1985-86) Phase III - 18 lots (1986-87) Phase IV - 12 lots (1987-89) This schedule is not subject to change without Planning Commission approval. t 4. Those concerns of the City Engineer (memo 1/6/84) be addressed prior to submission of final plat application. 5. That screening along the Toutant property line be agreed upon by the City Planner and the developer and be included in the final plat application. 6. That Project II (condominium project) of this project be submitted with a connector street to the Goodrich property that a second southerly access be provided, and that Highland Terrace be extended. Mrs. Kaher seconded the motion. Mr. Trudell asked about the second southerly access and was told that the project should eventually have access to Van Sicklen Road, or at least a second way to get in and out. This developer needs to leave a right of way open for another access point. Mr. Ward also felt Highland Terrace should be extended now. If there is a major accident on Hinesburg Road at the entrance + to these lots, there would be no way to get in. The Commission agreed it should be extended now, and Mr. Ward felt the extension could be to the same r standards the Terrace was now. It should be accessible year-round. The Commission said the Highland Terrace residents should be informed of the planned extension. Mr. Trudell mentioned a cedar hedge as the screening in k5, but Mr. Ward felt scotch pines might survive better and grow faster. This will be checked. The motion passed with all in favor. Continue public hearing o Bourdeau-R e property. 28 unit planned unit develop- ment. Mr. Gerald Milot and e J. O'Brien Mr. Ward said the only issue left was the building placement. At the last meeting the Commission had requested that the Fire Chief address them about his concerns. Mr. Milot said that the question of the design of the project had come up during sketch plan and preliminary plat hearings and the Commission had felt the design was adequate. The minutes of this meeting were read. At the final plat stage the Chief sent a letter saying he could not fight fires in the project. Mr. 14ilot said Mr. Fitzpatrick had gone to speak with the Chief, proposing that streets near buildings be widened to 30' so two trucks could pass. An additional fire hydrant can also be added. The roads are now 24' wide. Mr. Goddette said his main concern was how to het around equipment that was already parked in order to fight fires and protect exposures. He noted that he had a truck that was only 8' wide, but had 12' stabilizers, so when that is on the scene, another truck cannot get around it. He said there were usuall cars arked on the side of the road and during the winter he lost y p space due to snow storage. Mrs. Maher felt the Chief was concerned with the safety of the people who would be living in these units and she felt he and the developer should meet again to see if they could come to a compromise. PLANNING COMMISSION JANUARY 10, 1984 Mrs. Maher moved that the Commission delay action on the Bourdeau-Rye proposal until the next regularly scheduled meeting with the understanding that the developer is asked once again to kindly sit down with our Fire Chief' to see if they can work out a compromise on one or two last hurdles they seem to have in agreeing to a development that would be both attractive and safe for the people who will live there. It is understood that the Planning Commission will take final action on this plan at the next meeting. Mr. Jacob seconded the motion. It was noted that whatever came out between the developer and the Chief, the Commission would vote on the application as presented by the developer next time. The motion carried unanimously. The meeting was adjourned at 10:50 pm. r Clerk FITZPATRICK-LLEWELLYN A!" CIATES Engineering & Planning . lices The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878-3000 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ ,E 0[F MUM MUOTTIL DATE �0 JOB NO. ATTENTION the following items: ❑ Samples ❑ Specifications COPIES D TE NO. DESCRIPTION 644 THESE ARE TRANS TTED as checked below: For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As re ed ❑ Returned for corrections ❑ or review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-2 Inc., Groton, Mass. 01471. SIGNED: It enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN Ar-cOCIATES Engineering & Planning )ices The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878-3000 TO WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via— ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ DATE JOB NO. A+_J ATTENTION RE: _ r/ �AI{� 4' / V � the following items: ❑ Samples ❑ Specifications COPIES NO. DESCRIPTION J(�)DAAjTE THESE ARE TRANSMITTED as checked below: ❑ For auvroval ❑ Approved as submitted For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS COPY ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US (;6:L_ SIGNED: a It enclosures are not as noted, kindly notify us at once. PRODUCT 240-2 Inc., Groton, Mass. 01471. FITZPATRICK-LLEWELLYN ASSOCIATES Engineering & Planning }vices The Kiln - Brickyard Road ESSEX JUNCTION, VERMONT 05452 Phone 878.3000 TO l\t�`- WE ARE SENDING YOU ttached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ RJEUT )R OF IrQQAZMOTTYQL DATE f✓ � �I � JOB NO.�ryry�7i/y �./mil'^' ATTENTION RE: _,,. i•/ �� �i•�y--fit i .y ��,r{T.� � ,.� following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION `�y/�`i }�DESC�RIPTION �( —�r� �( IN z" ( J F THESE ARE TRANSMITTED as checked below: For approval El Approved as submitted ;'IFor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TOE' SIGNED: PRODUCT 240-2 des Inc, Grow, Men 01471, if enclosures are not as noted, kindly notify us at once. FITZPATRICK-LLEWELLYN INCORPORATED Engineering & Planning pices The Kiln - 15 Brickyarc, ..oad ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO oi u� , 1z Cliy OF, SUuTIL4 &AQQrJGid/`j WE ARE SENDING YOU )6 Attached ❑ Under separate cover via_ ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ LEES � Va ors Ua ZRSAUUMaL DATE JOB NO. ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION 1 07 CW ECk_ �Lk APPL07ATION Jr�c vF' S 115S3 03 — ,VAJASkliv kPPtt Tfcl - i�2���rn��vro1Q� �ira� THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted A As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT240.2 eBs Inc., Groton, Mass. 01471. SIGNED: �Lc If enclosures are not as noted, kindly notify us at . CITY OF SOUTH BURLINCI'ON Subdivision Application - PRELIMINARY PLAT 1) Nairr of Applicant Milot Properties Inc. & O'Brien Bros. Agency, Inc. 2) Name of Subdivision Bourdeau/Rye_Properties 3) Submit Subdivision Fee $34.00 4) Describe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for coma-ka-rcial or industrial uses): Planned Residential Development consisting of 28 proposed units & 2 existing units on 4.6 acres. 5) Indicate any changes to name, address, or phone number of owner of record, applicant, or contact person since sketch plan application: Bourdeau & Rye Properties have been purchased by applicants 6) Nara:, address, and phone number of: a. Engineer FitzPatrick-Llewellyn, Inc. 15 Brickyard Road, Essex Junction, Vermont b. Surveyor c. Attorfey d. Plat Designer 05452 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: The site layout has been revised, the total number of units increased to 30 and the project entrance relocated to the 8) List names and nailing addresses of owners of record of all contiguous properties:l)Daniel & Leo O'Brien 150 Old Farm Road, South Burlington 2)Homeowners Association Georgetown Condominiums Kennedy Dr yg ,_South Burlington 3)State of Vermont, Agency of Transportation, Montpelier, Vermont 05602 9) State title, drawi.ny nuiLxur, date oL original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: D-702. June 1983 10) COST ESTIMNF S for Planned Unit Developm(-lnts,multi-family projects, and ccmuro2rcial and industrial coj)lexes: (a) Buildings $1,000,000 (b) Landscaping $5,000 (c) All Other Site Improvements (e.g., curb work) $20,000 i) 1-;S'I'IMA'II D TWFIC for. Planned Unit Developments, multi -family projects, and conur>ercial and industrial coiij.)lexes (2-way traffic, in plus out) : A.M. Peak hour 0.2 trips/D.U. P.M. peak hour 0.6 trips/D.U. Average dail traffic 8 trips/D.U. `� of trucks unknown 12) Attach four copies of a preliminary map showing the following inforlikition: 1) Proposed subdivision name or identifying title and the name of the city. 2) Nana-- and address of owner of record,subdivider and designer of Prelinr inary Plat. 3) Nunber of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas,and other essential exist- ing physical features. CFz 4) The names of all subdivisions iinic iiately adjacent and the names of owners of record of adjacent acreage. 5) The location and size of any existing sewers and water mains, culverts and drains 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 and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 7) Contour lines at intervals of five feet, based on United States Geolog- ical Survey datun of existing grades and also of proposed finished grades where change, of existing ground elevation will be five feet or more. 8) a.,mplete survey of subdivision tract by a licensed land surveyor. 9) NuYierical and graphic sole, date and true north arrow. 10) Details of proposed connection with existing water supply or alternative rneans of providipg water supply to the proposed subdivision. 1.1) Details of proposed connection with the existing sanitary sewage dis7posal system or adequate provisions for on -site disposal of septic wastes. ll) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and Of 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 culverts which may be required. 15) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless an existing street intersection isishown, the distance along a street from one corner of the property to the nearest existing street intersection ::hall be shown. -3- 16) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 13) Developnental tiiietable (including number of phases, and start and completion dates) Start & complete 1983 - 1984 construction seasons - 1 phase 14) List the waivers applicant desires from the requirements of these regulations: All necessary to construct project as submitted, plus landscaping - see #10(b) 15) Attach a vicinity map snowing the following: 1) All existing subdivisions, approximate tract lines and acreage of adjacent parcels, together with the names of the record owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or proposed streets, curb cuts, easements, building lines and alleys pertaining to the proposed sub- division and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indicat.fon of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider"s entire holding. (signature) applic t or contact person_ (4) 2. PLANNING COMMISSION DECEMBER 14, 1982 2. A stop sign, with a "Do Not Enter" sign on the reverse sides shall be added to the exit. 3. This approval ex ires in 6 months. Mr. Belter seconded the motion. Mr. Woolery came in at this time. The motion carried with Mr. Woolery abstaining. Preliminary Plat application by Gerald Milot and Dan O'Brien for a 20 unit planned development on Hinesburg Road Mr. Spitz gave the Commission a letter from the fire chief, dated 12/14/82. He also passed out copies of the review guidelines for fire protection, dated 1/21/82. He noted that the chief and developers had not reached agreement on this plan. Mr. Spitz stated that, as far as sewer capacity, the city was now over the top according to the latest calculations. He added, however, that the City Manager/Engineer estimates high, so when the flow is monitored, there may be some excess flow available. Mr. Poger noted that if this application were approved, it would be in line for any excess capacity. Mr. Spitz noted that some approved developments might not be built before their approvals expire. Mr. Poger said that if a developer's approval was extended, the extension should be from that date, not the original approval date, and he added that this new application before the Commission tonight Would be in line ahead of an approved development which requested an extension. Requesting extensions of approvals already given should not allow a developer to keep his place in the sewer capacity line, he said. Mr. Page, representing the developers, said the site was 3 acres in size and at present contained a single family dwelling. This will be relocated on the property, and an additional 19 units built, in a multi -family configuration. There will be flats in the center of each building, with townhouse units on the ends. One open and one covered parking space per unit will be provided. Mr. Page said access to the lot had been moved farther from the Kennedy Drive intersection and more grassed area had been left in front. With the change in the access, the deceleration lane for Country Park Apartments across the street can be used as a bypass for cars which want to go by a car turning left into this land. A strip of land has been left so the Rye property next door can use this access if desired. Sewer flow will be by gravity, and the water line will be extended and a hydrant provided. There will be no retention pond, and storm water will go into a Swale at the front of the land, and flow in sheets off the back of the property. Provision for drainage along the Georgetown property line will be made. Mr. Page said the road would be 24' wide, and about 30' at the entrance. He said they would be requesting a waiver from the side yard setback at Georgetown. They would like to build 15' from the line. On the Georgetown side is a carport and the distance building to building would be 52'. Mr. Stavrand said he was the president of the Georgetown association and that they would object to that. He said the carports were lower than the buildings, so residents would look over the carport in question, not to woods as they do now, but to another building. Mr. Page thought the building would be at the same level as the carport. Mr. Poger noted that this building placement would save 4 nice trees on the lot, and Mr. Page noted that it would be better to have the short end of the building 15' from the property line than to have the long side 30' away. Mr. Page noted that, with the 30' between buildings required by the fire chief, there was not a lot of room to move the buildings around on the site. 3. PLANNING COMMISSION DECEMBER 14, 1982 Mr. Milot asked why the fire chief wanted a second hydrant on the site and was told he likes to have 3 hydrants available near buildings, in case he needs a backup. Mr. Spitz noted that this plan did not conform to A3 on the guidelines he had passed out but Mr. Milot said a loop on this property would lead to a terrible development with carports in the center of the land and all the trees down. The Commission agreed a loop road was not necessary here. They discussed B2 on the guidelines, dealing with building location from the roadway. Mr. Spitz felt the placement shown in this plan was reasonable and a majority of the Commission agreed. A majority also felt that the second hydrant was not needed. Mr. Mona said he would rather see it in and he wondered about talking to the chief about this plan. He requested the Planner to ask the chief for his comments on the deliberations tonight. Mr. Spitz felt the entrance drive location was good. Mr. Poger felt it should be stipulated that if the Rye property was developed, there would be a single shared access, and the present access shown would be closed. The expenses would be shared by Mr. Milot and the Rye property developer. Mr. Mona said that would mean that the reserved strip of land should be L-shaped. Mr. Milot saw no problem with this. Mr. Spitz noted that the Rye land could only have about 8 units and he was not sure combination of accesses was needed. Mrs. Maher felt this might be the start of the development of a large piece of land (O'Brien) in the area, but Mr. Spitz said access to that land should not be through a 20 unit development. Mr. Milot said he could put it in the deeds that the right of way not be extended to the O'Brien land in back of this lot. Mr. Woolery suggested that the Rye land have access through this development's proposed entrance, and that was agreed. ,,.,qqu Mr. Poger said a sidewalk would be required. It will be^`the length of the frontage and may either run along the frontage, or start at the corner at Kennedy Drive and run to this driveway. Mr. Milot said the land along his frontage was flat. If he started the sidewalk at Kennedy Drive, he would have to fill in a gully for the walk. It was decided that if the city would do the filling, the sidewalk could start from the corner, but if it would not, it would run the length of the frontage of the lot. Mr. Woolery moved that the South Burlington Planning Commission approve the preliminary plat application by Gerald Milot and Daniel O'Brien for a 20 unit planned deve�ment as depicted on a plat entitled. Property, _ - Hinesburg _RogLd� Preliminary_ Plat,"Qreoared_._by U uAtr�k.-Llewellyn Associates, stamped December 8 1 82� _subject to the following_ stipulations. 1. The need for a sanitary sewer easement to serve adjacent property to the_�st _shall be examined_ during final._plat_revievr. 2. Required legal documents -_ including _a private road agreement, public street wide�in�easement, utility e asements. easements__serving ements__servingadjacent properties. and condominium bylaws - shall be submitted as part of the_fin$1___plat_applicaton,_ 3. A sidewalk shall be provided from the corner of Kennedy Drive to the driveway for this development, or across the frontage of the property,_as_ determined by thePlanningCommission. 4. Sewer treatment plant usage for this project of 5,000 gallons per__ da�_shall_.be allacated_- according_to the sewer__policy developed by the Planning Commission, 5. Access to the O'Brien property to the east shall not be through this development without the approval of the Planning Commission. CIE PLANNING COMMISSION DECEMBER 14, 1982 Mr. Belter seconded the motion. Mr. Mona felt a standard statement was needed for inclusion in each motion regarding the city sewer capacity. Mr. Spitz said it should be noted that there is no capacity available for this development right now. Mr. Mona moved to amend #5 to remove the phrase "without the approval of the Planning Commission. Mrs. Maher seconded the motion, but it died with Mrs. Maher and Mr. Mona voting aye. Mr. Spitz noted that this development was in line until reserve sewer capacity was found and he said the method for dealing with this issue was set forth in the sewer policy of the city. The administration will keep track of where developers are in line for capacity. Mr. Mona noted that this was the first development to which the sewer policy had to be applied, but Mr. Poger stated that the policy had been applied to developments several years ago, when the city had thought that it was out of capacity. Mr. Woolery said that this application once again puts the city over the available known capacity, similar to the situation which occurred 3 or 4 years ago. The motion carried unanimously. Application by Robert Blanchard, re r of a community er on Williston rkin, for sketch pl lot 10 of Rebecca S Mr. Poger noted that in the past this lot had been a bone of contention between two neighborhoods in the area. Since he is a member of one of the neighborhood associations, he hadl.removed himself from past discussions of the lot, and felt it was proper to do so again. Mr. Spitz gave the Commission a letter from the fire chief. He briefly reviewed the history of this area and noted that this use seemed to be a compromise between the two neighborhoods. The Zoning Board granted approval for the use, which is conditional. Mr. Blanchard said the building would be beyond the 75' setback from Williston Road. Access will be through the existing drive, which will then serve this building plus the homes at the front and the rear of the area. The parking will be behind the building. 18 spaces are shown, but Mr. Blanchard said they would reduce that to 8, which is all they need. Mr. Mona said that sounded low. The building will be two stories. There will be a low berm between it and Williston Road to reduce visibility and noise. There will also be screening along the perimeter of the property. There will be a covered area near the entrance to allow people to get in and out of cars without getting wet. Mr. Spaulding said this would be a level 3 community care home. There will be a maximum of 4-5 people on the staff. He said they would have no state support. He discussed this with the Health Department and others in this field and there seems to be a great need for this type of facility in this area. This will be run as a business and owned by a private corporation. Mr. Jacob came in at this time. Mrs. Maher requested trees rather than flowers in the island in the parking area. Mr. Spitz felt the drive should be 24' wide. Mrs. Lawrence, an adjoining neighbor, was concerned that the berm would increase water problems on her lot and Mr. Spitz said they would check to be sure that did not happen. She said she did not want a cedar hedge between her lot and this building and Mr. Blanchard said they could work together on that. Mr. Mona said it was a pleasure for the Commission to listen to a discussion about this area without a lot of controversy from neighbors. PLANNING COMMISSION prior to extension of the building permit._ 2. OCTOBER 26, 1982 3. The applicant may construct less than the entire number of indicated_ parking spaces; however, the City Planner may require additional spaces to be provided if he deems necessary. 4. Any change in use from that of an industrial or warehouse distribution facility with no more than 5,000 sq. ft. of office space shall require resubmission to the Planning Commission for revised site plan approval. 5. This approval expires in 6 months. Mrs. Maher seconded the motion and all voted for it. Mr. Spitz showed the area on a slide. The house presently on the lot will be moved to another area on the site. The 75' setback from Hinesburg Road will be maintained. The site is a little less than 3 acres and 20 units are planned, one of which is the single family home. There will be two parking spaces per unit, one covered and one open. They would like to save the high quality trees on the site. Mr. Page noted that they had no topographical lines yet, so some things might still be relocated. They hope to start in the spring. Mr. Milot said they were not sure what style the units would be. They want approval as condominiums. He noted that there would be some flats and some townhouse units. Mr. Woolery liked the smaller buildings, but Mr. Spitz noted that they caused setback problems and that not all setbacks were met in this plan. Mr. Milot felt that could be worked out. Mrs. Maher said that sometime this winter the Rye property next to this land may be sold. She hoped that if these developers bought that land, access could be coordinated so the curb cut for this property could be farther away from the Kennedy Drive intersection. Mr. Milot said that if he did buy the land, and had not started construction on this parcel, he would come back and discuss combination of the curb cuts. Where the best place for a combined curb cut would be was discussed. A sidewalk was mentioned and it was noted that a length equal to the frontage of the lot might be required, starting at the Kennedy Drive intersection. Mr. Poger said a sidewalk would be required. Mr. O'Brien suggested that as long as the city was doing work on that intersection now, the area should be widened enough to allow addition of a sidewalk, and the Commission agreed. Mr. Poger asked the proposed street width and was told it was 24'. Mr. Mona asked whether Messrs. Milot and O'Brien represented each other on the plan and was told they did. Continue review of City Council revisions to proposed zoning ordinance Airport districts - Mr. Spitz noted that the Council had been concerned about protection of the residential neighborhoods near the airport, and had wanted two separate airport zones - airport and airport industrial. Mr. Schmidt, airport general manager, said he had some comments on the proposed ordinance. He noted that the permitted uses in Section 14.10 did not list the scheduled air transportation of passengers, which is a major portion of their business. PLANNING COMMISSION 3. OCTOBER 26, 1982 He added that there was no provision for paid parking lots. Mr. Poger felt that was a normal accessory use for an airport. Mr. Schmidt asked about air cargo. Mr. Spitz said Section 15.106 could be added to Section 14 to cover that. Mr. Mona asked how many acres there were in the free trade zone and was told it was about 13. Mr. Poger asked if there were plans to expand it and was told there were not. Mr. Jacob asked what would go in the property acquired near White Street and was told it would be storage hangars. Mr. Poger asked if the airport had a concern about the 1,000' buffer between the AI zone and Country Club Estates and was told they did not as long as it did not preclude extension of one of the runways. Mr. Spitz said it would not do that. Extension of that runway in not foreseen in the next 20 years, Mr. Schmidt said. Mr. Schmidt said there was no provision for governmental services in Article 14 but Mr. Poger said the intent was to allow normal uses for the control of aircraft. Mr. Woolery asked what the city could have to say about the National Guard putting in a tower, for example, on airport land. Mr. Spitz said the ownership of the land was all the same and that in the past the city had not claimed jurisdiction over such items, but it might in the future. Mr. Schmidt said the airport had always come to the city for review. They feel it is mandatory to do so. Mr. Poger noted that the Commission felt the airport should come in for review. I£ the airport agrees, it seems that some kind of agreement could be worked out. Mr. Schmidt said the airport feels it is a private landowner in the city. The federal prey-emption, however, is something else. Mr. Schmidt also asked about a provision for fueling facilities in Section 14.10. Mr. Woolery asked whether the airport might want another access to Airport Drive when it develops in that area, but Mr. Schmidt did not think so. Mr. D'Acuti felt the airport might someday want to expand its parking facilities upward. Mr. Schmidt said the Airport Master Plan called for the National Guard to relocate off airport land. He said that anything else which might go in that area would be subject to site -plan review, because he did not think there would be any further government development in that area. He noted that the airport owned and maintained the National Guard road. Mr. Schmidt felt Section 14.104 might be restrictive - there are uses which might go in the terminal area which are unusual, such as concessionaires. Mrs. Maher left at this time. Mr. Jacob moved to recommend to the City Council that scheduled air transportation of passengers be added to Section 14.101, that a new Section 14.106 be added which is identical to Section 15.106, and that the sections then be renumbered, that the word "concessionaires" be added in 14.104 and 15.104, and that "fuel farms" be added to 14.101 and 15.101. Mr. Woolery seconded the motion. It was noted that the Commission and airport manager had agreed to these changes, to be recommended to the Council for inclusion in the zoning document. Industrial -Agricultural district - Mr. Mona noted that the Commission had proposed a 50 acre minimum lot size in this zone and that the Council had spent a long time discussing that. He felt compromise on this issue was inappropriate. He noted that the reasons for that size lot were 1) the kind of industry the city hopes to attract, 2) he felt large industrial sites in the center of Chittenden County were hard to come by and were a resource not available elsewhere, and 3) he noted that the Commission was not in a ,�uut4 Nurlingtnn Nire Depari tment 575 Darset *treet *nut4 Nurlington, Vermont 05401 1ti, r.. .yc•, OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 January 24, 1984 Mr. Richard Ward South Burlington Planning / Zoning Administrator 575 Dorset Street South Burlington, Vermont 05401 Dera Mr. Ward, On Monday January 23,1984 I reviewed the changes Mr. Milot will be making on the Rye/Bourdeau Development. At the meeting the new plan was not finished but should be by for the meeting tonight January 24,1984. The changes are as follows; 1. All main roads at least 30 Ft wide. 2. A 3 rd. Hydrant installed 3. A area by the 4 unit 30 Ft. wide with a stone base and top soil to beable to hold tip the weight of the tower truck. I still feel the design of the development is a poor one. . and if that is the best which can be done I will just have to live with it. After the last meeting I left with the feeling that we must have two ways in to developments with 50 units incase on way is blocked but any thing under the 50 units we don't have to worry about fire protection. If you have any questions please feel free to call me. I do want to check the plan when completed to make sure all the changes have been added. Sincerely oe James W. Goddette Sr. Chief February 15, 1984 Mrs. Katherine Vase District Environmental Commission 111 West Street Essex Junction, Vermont 05452 Re: Bourdeau/Rye Properties Dear Mrs. Vose: Be advised that the South Burlington Planning Commission approved the application on Mr. Gerald Milot for construction of a residential complex on the Bourdeau/ Rye properties on Hinesburg Road. The proposal is in conformance with the City Comprehensive Plan. If you have any questions please don't hesitate to call me. Very truly, Richard Wiard, Zoning Administrative Officer RE= DW 1/4/84 MOTION OF APPROVAL That the South Burlington Planning Commission approve the final plat application Gerald Milot and Daniel O'Brien for a 27 unit planned unit development as depicted on a plat entitled "Bourdeau/Rye Properties". Final Plat prepared by Fitzpatrick - Llewellyn, Inc., dated October 1983 with revisions dated October 183, November 1983 and December '83 subject to the following stipulations: 1) That the balance of the legal documents be submitted to the City Attorney for approval prior to assuance of a building permit. 2) That a sidewalk be provided from the corner of Kennedy Drive to the entrance of the development, with the developer working with the City Manager regarding site improvements and cost. 3) That the recreation fee in the amount of $200.00 per unit be paid prior to issuance of a building permit. 4) Sewer allocation shall be 7,250 gallons per day in accordance with the sewer policy developed by the Planning Commission. 5) That a performance bond for utilities in the amount of $20,000 and for land- scaping in the amount of $8,000 be posted prior to a request for building permits. 6) That snow fence be erected and maintained during construction around the exist- ing vegetation that is to be saved. 9) That a graveled access drive be installed to the northerly property line provide emergency access to Georgetown. a` C Memorandum Next week's agenda items 1/6/84 Page 2 will be a condition of approval at final plat. Performance bond for utilities and landscaping will also be included at final plat approval. See memo from City Engineer. The sewer allocation for this project is 19,950 g.p.d., the Commission may want to phase this allocation based on the construction schedule, sewer usage would be figured at a rate of 350 g.p.d. per unit. 3 Bourdeau/Rye .. � Sidewalk issue has been resolved. City Engineer agrees to location. 20' gravel access road to northerly property line is proposed. Major issue is location of buildings, this issue will be discussed at the next meeting. Fire Chief Goddette will attend. ti M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 1/6/84 2) O'Brien Building (Bank), Williston Road 1. A sidewalk should be constructed across entire frontage including access entrance. 2. To facilitate right turns the entrance should be widened to 30 feet with flared approaches. 3. Where 12" drain pipe enters existing storm drain an inlet must be installed at connection. 4. Existing drain pipe along east boundary should be extended to tie into Williston Road drain pipe. 5. A swale must be maintained along easterly boundary to prevent runoff from adjacent property. 1 3) Dubois Development, Hinesburg Road 1. Sewer allocation shall be for phase I & II (27 units) or 9,450 gallons per day. 2. City shall review detail drawings of proposed pumping station prior to contractor purchase of unit. 3. Sewage holding tank should be lowered to utilize entire storage capacity before the valve platform is flooded. 4. Sewage pumping station alarm shall be connected to Police Station. 5. Sewer stub at cul-de-sac, for future extension, should be extended beyond paved road to avoid future road cutting. 6. Drainage inlets at Knoll Circle station 12 + 00 drain 615 feet of road which is excessive another set of inlets should be added. September 8, 1983 Mr. Daniel O'Brien 1336 Williston Road South Burlington, Vermont 05401 Dear Dan: Be advised that the Planning Coranission granted preliminary plat approval for a 29 unit residential development on the so-called Bourdeau/Rye property, located on Hinesburg Road at their August 9, 1983 meeting. A copy of the approval motion is enclosed. At this same meeting final approval was granted to a revised application for Valley Ridge, likewise the approval motion is enclosed. If you have any questions please don't hesitate to ca.-L. Very truly, Richard ward, Zoning Administrative officer RW/ffCg 2 Fncls M E M O R A N D U M To: South Burlington Planning Commission From: Richard Ward, Zoning Administrative Officer Re: Next week's agenda items Date: 8/31/83 1) Bourdeau/Rye Property Parcel "A" contains less than 4 acres, allowing for a maximum density of 27 units with a questionable 28 units and total of 29 is proposed. Parcel "B" contains more square footage when required for a single family dwelling (9,500 square feet required, proposed 27,394 square feet). Total square footage of both parcels allows for a density of 32 units. Parcel "B" proposed lot line is located to within two (2) feet of a carport for building D cluster. Parking area for building "A" cluster is proposed to within twenty five (25) feet of a carport located on adjacent property (Georgetown Condominiums) this distance is not acceptable. Existing driveways should be closed. Easements are required for sewer lines crossing parcel "B" and proposed entrance if this lot is sold off. Proposed entrance located across from entrance to Country Park apartments is very desirable. Sewer allocation for additional nine units (2250 gallons per day) should be phased according to sewer policy developed by Planning Commission. A sidewalk from corner of Kennedy Drive across the frontage of the property was stipulated in December 1982 approval. 2) Fassett's Bakery Property Proposed three lots, located northerly of driveway to Fassett's and a distance of 681 feet. Lots 1 and 2 propose a common access of Shelburne Road suggest consideration to providing access off existing Fassett's-Wickes Road. Lot 3 proposes access across from Harbor View Road this would be acceptable. Status of Southern Connector must be a consideration. 1 MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda items Date: 9/1/83 1) Bourdeau-Rye Property, Hinesburg Road 1. There should be at least 5 feet distance between any paved area and property line. This is mainly to provide an area for snow storage and construction of a drainage swale to prevent runoff on to adjacent property. 2. The south-west corner of parcel "B" should be located outside of main entrance. 3. An area for boat and trailer parking should be designated. 4. A sidewalk along Hinesburg Road should be included. 5) Farrell Property, 370 Shelburne Road (Corner Proctor Avenue) 1. This property is served by the Burlington sewer system. They should be notified to see if their system can accommodate the increase in sewage discharge. 6) Ethan Allen Farm 1. Road shall include side ditches to carry runoff from intersection of Poor Farm Road northerly. 2. Watermain in private road shall be extended across entire frontag of develop- ment. 3. Builders and buyers shall be made aware of the potential noise problem. 4) Valley Ridge, (College Woods), Patchen Road 1. I have reviewed the changes for this project and find them to be acceptable. I )Z-Z oc, A -- A:, e0o 00 4t— 6.�- 4.44 4 / 040 w ct Rw 9/l/83 MOTION OF APPROVAL That the South Burlington Planning Commission approve the preliminary plat application by Gerald Milot and Daniel O'Brien for a 29 unit planned development as depicted on a plat entitled "Bourdeau/Rye Properties, Preliminary Plat" prepared by Fitzpatrick -Llewellyn Inc., dated August 29, 1983 subject to the following stipulations: 1. Carport and turn around area should be relocated a distance of thirty (30) feet from the property line in the area not protected by a carport from the adjacent Georgetown Condominiums. 2. The south-west corner of parcel "B" should be located outside the main en- trance or an easement conveyed at the time of sale of parcel "B". 3. Sewer allocation is to be phased in accordance to the sewer policy developed by the Planning Commission. (a) 5,000 gallons per day - Phase I (b) 2,250 gallons per day - Phase II 4. A sidewalk shall be provided from corner of Kennedy Drive to the driveway for their development, or across the frontage of the property as determined by the Planning Commission. 5. An area for storage of boats and trailers should be designated. 6. Both existing driveways should be closed. 7. All required legal documents including private road agreement,utility easement and condiminium bylaws, shall be submitted as part of the final plat application. 8. Lot size of parcel "B" should be adjusted to allow for maximum density on parcel "A". PUMLIC I SARI NG 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, September 6 1983, at 7:30 P.M. to consider the following: 1) Revised preliminary plat application by Milot Properties and O'Brien Brothers Agency for 28 residential units (previously 20 units) on the Bourdeau and Rye properties on Hinesburg Road. Property is bounded on the north by Georgetown Condominiums, on the east and south by other lands of O'Brien, and on the west by Hinesburg Road. 2) Revised final plat application by O'Brien Brother Agency for a 36-unit res- idential development on Patchen Road. Revision consists of combining 4 single-family units into 2 duplex units. Property is bounded on the north by the Winooski River and Berard, on the east by I-89, on the south by Patchen Road, and on the west by Romeo Desautels. 3) Final plat application by Ethan Allen Farm (John Belter) for a 5-lot residential subdivision on Poor Farm Road. Property is bounded on the east by Country Club Drive, on the South by Poor Farm Road, on the west by other land of John Belter, and on the north and east by numerous residents of Country Club Estates. Copies of the applications are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission August 20, 1983 DHS 12/14/82 rrw For the Preliminary Plat Application by Gerald Milot and Daniel O'Brien for a 20 unit planned development as depicted on a plat en- titled, "Bourdeau Property, Hinesburg Road, Preliminary Plat," prepared by Fitzpatrick -Llewellyn Associates, stamped December 8, 1982. Stipulations: 1) The need for a sanitary sewer easement to serve adjacent property to the cast shall be examined during final plat review. 2) Required legal documents - including a private road agreement, public street widening easement, utility easements, easements serving adjacent properties, and condominium bylaws - shall be submitted as part of the final plat application. 3) A sidewalk shall be provided from the corner of Kennedy Drive to the driveway for this development. 4) Sewer allocation... MEMORANDUM To: South BurlingtonPlanning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 12/10/82 2) Chittenden Trust When the Factory Outlet Shopping Center on Shelburne Road was approved, it was stipulated that any change in circulation for the Chittenden Trust drive -up facility would have to be submitted for approval. A proposed change is now being submitted and represents a definite improvement over the current circulation pattern. The east -bound drive -up window will be closed and blocked off, and a new remote unit will be added parallel to the other window. The result will be both drive -up lanes entering from the rear of the property and exiting to the front thereby reducing the potential for blocking the through traffic directly in front of the bank. 3) Milot and O'Brien Building layout and access are somewhat modified from the sketch plan presentation. Driveway location is suitable: approximately 400 feet from the Kennedy/ Hinesburg intersection and over 100 feet from th entrance to Country Park. Also, a 30 foot strip has been reserved to provide possible future access to the adjacent Rye property. It would be possible, though I don't think necessary, to relocate the driveway directly across from Country Park's drive- way once the Rye property is developed. No sidewalk has been shown. I recommend that one be provided from the corner of Kennedy Drive to this property's driveway - approximately 400 feet. Additional fill would be needed for the section closest to Kennedy Drive. All setbacks now meet normal regulations except from the boundary line immediately adjacent to the rear of a Georgetown carport. A reduced setback to 15 feet (over 30 feet to the Georgetown building) at this one location is reasonable. The Fire Chief has apparently raised some questions about accessibility to the buildings for his purposes. There are several differing viewpoints on this issue, and I suggest a thorough discussion at Tuesday's meeting. The four trees in front will now be saved; however, other treed areas must be partially cleared. The applicant must send relevant information to the school department if he hasn't already done so. 4) Communicty Care Center The Zoning Board has granted a conditional use to this proposed 24-unit community care center with restrictions on the types of residents that would be permitted in the facility (see enclosed minutes). A The proposed use is on lot 10 of Rebecca Square, which was previously approved for up to°12 residentialunits. As a result of the change in use, the review procedure -:to be followed is a revised final plat preceded by a sketch plan review. The zoning ordinance does not specify the permitted size of a community care facility. Note that 24 units in this type of facility are not equivalent to 24 units in a normal multi -family development. The size of the proposed building is no larger than an average 12 unit multi -family building, and parking requirements are considerably less than that. However, there will have to be carefully worded stipulations against any future change in use of the building. Specific points to be addressed include the following: a) Building location and screening from adjacent properties. b) Number of required parking spaces (comparative data should be submitted). 5) Other Business Budget Rent-A-Car has asked for a 6-month extension to their proposed Airport Parkway facility (see enclosed letter). Since their time limit has not yet expired (12/22/82) and since this would be the first extension, I see no reason not to grant an automatic extension. However, any further extension would require a new site plan application. I would like to set up a joint meeting of the Zoning Board and Planning Commission in early January to discuss implementation of the new zoning ordinace. The Spear Street Nowland Property case will be going to the Vermont Supreme Court. The Planning Commission should decide whether it wishes to seek legal representation in those hearings. 1/21/82 City Planners Office Review Guidelines for Fire Protection The information given below is intended to aid applicants and developers in the layout and design of proposed developments to insure that adequate fire protection can be provided. However, because of the unique conditions associated with each new project, all developers must schedule a review session with the South Burlington Fire Chief at an early stage in the design process. All final decisions on project layout are made by the South Burlington Planning Commission after receiving recommendations from the Fire Chief, City Planner, and other appropriate parties. The standards described herein have been developed primarily for multi- family residential projects. Standards for commercial, industrial, and other projects must be considered on a case by case basis. A. Access Roads 1) In all cases, the provision of two completely distinct access routes to all buildings is preferred. 2) Two separate entrances must be provided to all developments containing 50 or more residential units. This provision is intended to allow alter- nate access if one entrance is blocked. For developments with less than 50 units, a single entrance plus an internal loop road is acceptable. 3) In the immediate vicinity of buildings, access roads and driveways also should be looped to allow dual access for fire trucks. This provision allows for the best positioning of fire trucks during a fire. In some cases where no better alternative is available, single entrance spur roads may be allowed for a short distance (no greater than 200 feet). Single entrance spur roads also may be permitted if a building is accessible by another road (e.g. when a building backs up to a loop road). 4) Because of various problems to date, gravel roads, chains, and other emergency access arrangements are NOT encouraged. In those infrequent cases where emergency access routes may be approved, private covenants or other agreements must be prepared, to the satisfaction of the City, to assure year-round maintenance of the emergency access route. 5) All access drives in multi -family areas shall be a minimum of 24 feet in width. All single access roadway segments shall be a minimum of 30 feet to allow a fire truck to pass another fire truck or other vehicles. 6) The inside turning radius for the fire department's pumper truck is 30 feet. All access routes must have sufficient turning radii to accommodate this truck. B. Building Location and Size 1) No multi -family residential building may be closer than 30 feet to any other residential building or carport. For larger buildings (greater than 8 residential units) the distance may have to be increased in certain cases. 2) The fire department currently has available (on a lease arrangement) a 100 foot ladder truck. Due to positioning requirements, the ladder has a workable length of 90 feet; however, for design purposes the fire chief prefers to use M ' I � y a 70 foot length. Buildings shall be placed so that the distance from the access road to the top of a flat roof or to a point halfway up a pitched roof (along the full portion of the building that must be accessible for fire- fighting purposes) shall not exceed the above distances. 3) Conversely, there must be a minimum distance between an access road and building to avoid excessive heat at the point a fire truck must be positioned. For up to an 8 unit building, the setback to any access road shall be at least 20 feet. For larger buildings, the setback requirements may have to be increased. 4) Buildings shall be located so that no residential building or carport blocks direct access to another residential building. however, open parking spaces are permitted in front of buildings. S) The location of buildings in a horseshoe arrangement (i.e. buildings on both sides of a road plus at the end of a road, all in close proximity to each other) should be discouraged. Where such a layout is proposed, minimum distances between buildings may have to be increased. C. Other 1) As a general standard, at least 3 hydrants shall be available in the vicinity of any building. The exact number and location of fire hydrants shall be reviewed by the Fire Chief on a case by case basis. 2) Water pressure must be adequate to meet fire -flow requirements. For major developments, fire ratings shall be determined. All water -related items are subject to approval from the South Burlington Water Department. 3) Parking spaces must be sufficient in number to meet the City's parking stand- ards and shall be located so as to minimize potential interference with fire access. Striping and pavement markings to identify fire lanes and no parking areas are encouraged. (2) 114 ' l l ,, re,v� (?r, (VI'v — �/YWUn,115 44 PLOY raj Q�9o005 Osax0Z J ' � �ijv/, {^ FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 1 August 1983 Mr. David Spitz, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 Re: Revised Preliminary Plat Bourdeau/Rye Properties Hinesburg Road, South Burlington, Vermont File: 8283 Dear Mr. Spitz: On behalf of our clients, Mr. Gerald Milot & Mr. Daniel O'Brien, we are submitting four prints of a plan entitled "Bourdeau/Rye Properties -Preliminary Plat" dated June 1983, for preliminary plat approval by the South Burlington Planning Commission. It differs from the previously approved preliminary plat for this project in the following respects: 1. The project size has been increased from 20 units to 29 units on the Bourdeau property. The size of Parcel "A" has also been increased to 174,000 sq.ft., resulting in a density of 1 unit per 6,000 sq.ft. 2. The Rye property (Parcel "B") with 1 existing unit has been added to this project. 3. The revised site layout incorporates the requirements of Fire Chief James Gaudette. 4. The project entrance has been relocated so that it is directly opposite the entrance to Country Park Apartments. It is our understanding that submitting this revised preliminary plat will not jeopardize or nullify the preliminary plat approval previously granted by the Planning commission for a 20 unit project. We request that you schedule this application for a preliminary plat public hearing at the earliest available date. In the meantime, should you have any questions or require additional information, please contact us. Very Truly Yours, FITZPATRICK-LLEWELLYN INCORPORATED cc: Gerald Milot Roger ckinson, P.E. Dan O'Brien Design • Inspection • Studies • Permitting SOUTH BURL1NGW)N SCHOOL DISTRICT SOUTH BURLING ON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent July 28, 1983 Mr. Stephen S. Page Fitzpatrick -Llewellyn Incorporated The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Dear Steve, OFFICE: SOUTH BURLINGTON HIGH SCHOOL 550 Dorset Street At their regular meeting on July 27, 1983, the South Burlington School Directors voted that the Bourdeau/Rye project, outlined in your April 7, 1983 letter, would not place an unreasonable burden on this municipality to pro- vide educational services. I am enclosing a copy of our Transportation Policy for your information. Students in grades kindergarten -five will attend Central School; stu- dents in grades 6-8 will attend the Middle School and grades 9-12 will attend the high school. If you have any questions regarding the above, please contact me. Sincerely yours, a...r Frederick H. Tuttle Superintendent of Schools FHT:cl enc. cc: David H. Spitz Lawrence E. LeCours Leo P. Brown All Building Principals -*uut4 Nurlington Nire Reparlment 575 Borset *treet #out4 Nurtington, Vermont 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 DecemberL 14, 1982 M. Sidney PogeA Cha tman So. But ington City P.-anning Commission 575 TJouet Sttr.eet So. Butt ington, Vetcmont 05401 Deatc Mt. Pogetr., Pta" have been teviewed on the Boutdeau Ptopetcty Development dated Novembetc 23,1982 by this depattment. I have had a meeting with M. Steve Pageon the ptoject. The way the devetopment has been designed unf.ess changes ate made ptopet 4iv,e ptutection can not be given. Some o4 the ptobtemz ate; 1. Location o6 the buitdings jytom the toad way. 2. The design o � the toads . 3. A second hydrant inztatted in the development which. was .2e6t out 6tom the meeting with Mt. Page. I� you have any questions please beet 6tee to eaU me. Sineet a y James W- Goddetie St. Chief MEMORANDUM To: South Burlington Planning Commission From: William J Szymanski, City Manager Re: Next week's agenda items Date: 12/10/82 3) Bourdeau Property, Hinesburg Road 1. Site shall include a storm drainage system. 2. State Highway Department must approve access to Hinesburg Road. 3. Investigate possibility of providing a sanitary sewer easement easterly for future sewering of that area. 4) Larkin Devel22T2nt, Williston Road 1. Roof and parking area storm water shall be piped to the Williston Road system. 2. Parking area should include curbing. 3. Sidewalk along Williston Road opening shall be 8 inches in thickness constructed across entire opening of same location and elevation as existing. Radii shall be the same as others in the area. CPA OF SUU111 BUMANC71W Subdivit;ton AppliCaLiOn - PRLLIMIUIUtY PLAT 1) Nwie Of Applicant A&Cf lw-. , YiLA�V- 2) Nano Of SuLdivislon 3) SuUuit SuWiyisiur) Fee 4) Le6cribe Subdivision (i.e. total acreage, number of lots or units, type of land use, gross floor area for camiercial or industrial uses). Zj V--m2;, A. 1� /ALVT1-fA/W;T ( F&MCT CAVeLLAKV--/ 5) Indicate any chanyus to nww, address) or phone nuaiber of owner of record, applicant, or Contact person since sketch plan application. KOL2WEV hAz�> i:0tP 6) Naw, address, and phone nwber of: a. Eny ineer TIJZEN-11-141— I KC 115 9tt C-Y--�(AJZD J4> - t !q 4� eyN - NiFF 0" -c3a; b. surveyor c. ALtorgey d. Plat Designer 7) Indicate any changes to the zuWivisic)n such as nuiiber of lots or units, L)rulx,,rty lines, applicant's lc<jal interest in the property, etc., since sketch plan application; -ZrD- EAf-T? 10 geft'L-417- -A 8) List names and mailing addresses of owners of record of all contiguous properties. 'pANI-:-;'L �WD elbgeN 150 Q1,DF!?Pk `o9-30P�--, N-W�f 4IEuzA Er-H KTE 0':�,6 H It:>r",4 . �YnE.r�Vil��� f1��I�T► � , -�1��N ��16��v�il� TRC-- Gr- VT. , A&O —T OF 9) State title, drawing nurrbx:r, date of original plus any revisions, and designer (s) of the preliminary iiiap(s) acccxiq:Aanying this application: P '578 , ?EV, ► z/bi8 10) CC> T ESTIMATES for Planned Unit I.kveluf.Alit-'►iL:,,multi-twiuily projects, And cx mmv rcial and industrial cui gaexes: (,A) buildings "� 770,CV0 (►) Larxiscaping /0 --, 0VD - NVAIOEE�- 0---14617 CQ-)E FD V.OL- TWEt) (c) All Other. Site ImprovemL,,,L.; (e.y., curb work) 11) 1S`i'IMAIED ` HAFFIC for Planned Unit Developiients, multi -family projects, and comercial and industrial c uiiVlexes (2-way traffic, in plus out) A.M. Peak hour -- . Z il�lP�1VU. P.M. peak hour ,6:;, I1ZkPe:'1p.0. Averayt: daily traffic 0 Tl-1f5/,p,a. of trucks 0-t Akf tq 11) Attach four copleE, of a pr(_,liujir►ary n,►p showing the following information:, 1) Proposed subdivision name or identifying title and the name of the city. 2) &uue and address of owner of record, subdivider and designer of Prelim- inary Plat. 3) NLunber of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas,and other essential exist- ing physical features. - 2- 4) the names of all suWiviL;ions imuiiudiately adjacent and the names of owners of record of adjacent acreage. 5) 'llie location and size of any existing sewers and water mains, culverts and drainson the proiyurty or serving the property to be subdivided. 6) LOCation, nar(K'S and Width!.; of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately maintained open spaces as well as similar facts regarding adjacent property. 7) Contour lines at intervals of five feet, based on United States Geolog- ical Survey datum of existing grades and also of proposed finished grades where change of existing ground elevation will be five feet or more. 4) CkAiiplete survey of subdivision tract by a licensed land surveyor. 9) Numerical and graphic scale, date and true north arrow. 10) Details of protx)sed Cunnection with existing water supply or alternative r►x:ans of providing water supply to the proposed sutxaivision. 11) Details of proposed connection Witt► the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 11) if un-site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and I results of percolation tests. 13) Provisions for collecting and discharging storm drainage in the form of drainage elan. 14) Preliminary designs of any bridges or culverts which may be required. 15) The location of temporary n►arkers adequate to enable the Ccximission to locate readily and appraisu the basic layout 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 shun. -3- 16) All parcels of land proposed to be dedicated or reserved for public use and the co ditiuns of such dedication or reservation. 13) Duvelolv►cntal tiuwtable (inclUdingnwidk'r of phases, and start and ccAg)letion cla Les) :: +EAf E 4 G{�!!lf'l. I (q�3 uq jjwa ip% ' . vk — "�-. 14) List the waivers applicant desires frau the requirements of these regulations: 1`_,) Attach a vicinity map showing thu fullowing: 1) All existing subdivisions, al)proximate tract lines and acreage of adjacent parcels, tc:,yU tt,er with the j i Am :; of the record owners of all adjacent parcels of land, nwiiely, U,ose directly abutting or directly across any street adjoining the proposed subdivision. 2) U)cations, widths and nwiK2s of existing, filed or proposed streets, curb cuts, easeniunts, building lines and alleys pertaining to the proposed sub- division and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indicadun of the future prubable street System of the remaining portion Of the tract, if the Preliminary Plat subr►itted covers only part of the subdivider's entire holdiny. Is (signature) applica t or contact person B g2 te (n,) PUBLIC f EARING 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, December 14 1982, at 7:30 P.M. to consider the following: Preliminary plat application by Gerald Milot and Dan O'Brien for a 20 unit planned development on the Bourdeau property on Hinesburg Road. Property is bounded on the north by Georgetown Condominiums, on the east by O'Brien on the south by Rye, and on the west by Hinesburg Road. Copies of the application are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission November 27, 1982 MEMORANDUM To: South Burlington Planning Commission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 10/22/82 2) South Burlington Realty, 2069 Williston Road This is another in the growing number of applications that have been approved but not built. The application is identical to one that was previously approved on March 24, 1481 (see enclosed minutes). Some of the previous stipulations have already been satisfied but others should be restipulated. I have no new concerns. 3) Bourdeau Property, 630 Hinesburg Read A previous sketch plan application for this property was presented on December 16, 1980. The new application has been modified by relocating an existing single family dwelling and increasing the number of new multi -family units to 19. This represents full density for this approximately 3 acre lot. The following points should be addressed: There are sevral substandard setbacks to property lines and distances between buildings. The applicant must defend his reasons for this layout. Four beautiful, large evergreens are located in the front of this property. One would have to be removed by this plan. If possible, the layout should be changed to protect all four trees. % This applicant and site designer should be well aware by now that our �i standard for street and driveway widths in private developments is 24 feet. It is becoming a bit irksome to have to point this out everytime. A sidewalk along the front of the property should be required. The driveway appears to be located in a good place, but certain across -street information should still be shown on the plan, i.e. location of the deceleration lane and driveway serving Country Park. / It may be desireable to provide a right-of-way to allow future extension of the y,! access road to the adjacent Rye property. This item should at least be considered. 1, Wz �1 ; V"_ U� U V 7 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: Bourdeau Property, Hinesburg Road Date: 10/22/82 1. Sewer manhole must be in a readily accessible area such as in the driveway or parking area. 2. A construction easement and or additional rights of way maybe needed along Hinesburg Read to complete the planned intersection improve- ments. The exact limits will be forwarded to the developer. 4. PLANNING COMMISSION JAT�IUARY 241 1984 Mr. Belter asked about the coverage on the remaining GMP lot and was told it would still be well within the coverage limits. It was also noted that there would still be room for building expansion to the north and parking lot expansion if needed. Mrs. Maher did not feel it was a good idea to attach the 3/4 acre piece to the 4.5 acre one, because all it would be used for would be added density. She felt that small Niece should be with the office building lot. Mr. Perry said it did not relate to either lot and was just excess baggage with either. He mentioned that the city owned land next to that small piece, and they might want to swap, or they might want to put a trail across it. Creating 3 separate lots was mentioned, but no one wanted that. No one objected to setting off the 4.5 acre piece, and attaching the small lot to the GMP building lot. Continue public hearing on Bourdeau/Rye property, 28 unit planned unit develop- ment Mr. Gerald Milo? and Mr. Daniel J. O'Brien Mr. Milot said he had met again with the fire chief and they had come to a compromise. The road width in sensitive areas has been widened to allow 301 between parked cars. Some of the buildings were shifted slightly and two areas were added with sub -base, gravel and topsoil. These will be seeded and the owners will have to maintain them. Another fire hydrant has also been added. 14rs. Maher moved that the South Burlington Planning Commission approve_ the final plat application of Gerald Milot and Daniel J. O'Brien for a 28 unit planned unit development as depicted on a plat entitled "Bourdeau Rve Pro Final Plat prepared by Fitzpatrick -Llewellyn, Inc., dated October 1983 with revisions dated October 183, November 183, December '83, and January 24, 1984, subject to the following stipulations: 1. That the balance of the legal documents be submitted to the City Attorney for approval prior to issuance of a building permit. 2. That a sidewalk be provided entrance of the development, with the regarding site improvements and cost. from the corner of Kennedy Drive to the developer working with the City Manager 3. That the recreation fee in the amount of �S200.00 per unit be paid prior to issuance of a building permit. 4. Sewer allocation shall be 7,250 gallons per day in accordance with wer policv developed by the Planning Commission. 5. That a performance bond for utilities in the amount of Z20,000 and for landscaping in the amount of $8,000 be posted prior to a request for building permits. 6. That snow fences be erected and maintained during construction around the existing vegetation that is to be saved. 7. That a graveled access drive be installed to the northerly property line to provide emergency access to Georgetown. 8. Stipulations 1, 2 and 3 of a letter dated 1/24/84 from the South Burlington Fire Chief to Richard Ward shall be part of these stipulations. Mr. Mona seconded the motion and all voted in favor. rties" October 24t", 2008 City of So. Burlington 575 Dorset Street So. Burlington, Vt. 05403w To Whom It May Concern: This letter is being written to be part of the property records for the appropriate department regarding the property located at at 630 Hineburg Rd. #21, Wellesley Grove in So. Burlin ton, Vermont. The room off the furnace room is NOT intended toApart of the living space, eg. bedroom. Si�c�rely, Sharon E. Meroa Ord, FITZPATRICK-LLEWELLYN INCORPORATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 (802) 878-3000 TO C(lY Or SOV114 S tWi,lNIG;_j rJ l'LAnlfJ1NS 6mm., 575 : )Ri 1 5`7 ��� a >✓ �a c �r✓�v�y i (')5"y 9 WE ARE SENDING YOU )] Attached ❑ Under separate cover via LIEUTEM DATE [� JOB NO. ATTENTION DA/C drW RE: C 2-40 4PPLl cAT1Un✓ v'% he following items: ❑ Shop drawings tK Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order X &T uZ10 �pP�t�>?i IUrJ COPIES DATE NO. DESCRIPTION �; _P)Pu c�T1ca1'✓ - n1�%f•�c - LAcc c PJ 'G cA" rPoATn! tNF�qffA:,TicrrJ THESE ARE TRANSMITTED as checked below: ❑ For approval AFor your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections 19 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED:c'I� �• 4 y�C + PRODUCT 240-2 � Inc., Omfnn, Mass 01471. If enclosures are not as noted, kindly notify us at one FITZPATRICK-LLEWELLYN INCORPORATED Engineering & Planning Services The Kiln - 15 Brickyard Road ESSEX JUNCTION, VERMONT 05452 [LEUTEM 01F (802) 878-3000 TO CITY OF 'L)0LLt)4 2L)-RU�jG1Urj DATE ATTENTION JAjiU_1AY)^_ m f i�sk RE: n 0-50 r,9PLcA7,uJ ��—►� ,��le�7rlr� wt WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings V Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order V /�Ct R56 APr LtCA j i,)11 ) COPIES DATE NO. DESCRIPTION Uq "' 4CT 5�t t 11 t�NG�NC�IQ�r� n eP' A./G THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted KFor your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO ( SIGNED: „ ! PRODUCT 240-2 es Ina, crotm, Mara 01471. If enclosures are not as noted, kindly notify us at once. DATE : In accordance with Tit;1e 10 VS A, �60191, I certify that I have delivered complete thts of this application and all pinns and attachments to the municipality (Select.men, Aldermen, Trustees), the municipal planning commission, the Chittenden County Regional Planning Commission, and any adjacent municipality and municipal planning commission adjoining this project. FEE : 711 ^ LIST OF ADJOINING LANOO4 HrPS AND ADOUSSES :. I , LOCATION MAP: I COWYNCEIIENT OF CpNSTRUCTION NOTICr- I gnats e fApplicant or MessengerT MASTER LAND USE PERMIT APPLICATION PLEASE DO NOT WRITE IN THIS SPACE No.. Filed: Location Date: Signature o Coorcin�to O'Brien Brothers Agency, Incorporated 4 1. APPLICANT NAME.Milot Properties, Incorporated phone #: 879-0200 Address: 15 Brickyard Road, Essex Junction, VT 05452 2. Owner(s) Name Address Phone No. Milot Properties, Inc. 15 Brickyard Rd., Essex Jct., VT 0� 879-0200 O'Brien Brothers Agency, Inc. 1336 Williston Road, So. Burl., VT 05401 658-5000 * * * 3. Book Page Date of Recording: 4. LEGAL ENTITY Form: Partnership Date Formed: May 1982 Place Formed: Essex Junction,VT Date reg. in VT. -- (If partnership, list names and addresses of all partners on separate sheet.) 5. PERSON TO CONTACT Name: Roger J. Dickinson, P.E. Title, Engineer Address: 15 Brickyard Rd., Essex Jct., VT 05452 Phone +f: 878-3000 6. PROJECT DESCRIPTION, Proposed planned residential development incorporating 2 existing parcels and a portion of a third parcel located on the east side of Hinesburg Road in South Burlington, Vermont bus south of Kennedy Drive. Project consists of 2 existing detached dwellings and 27 proposed condominium units. (Include high and low elevations) 314'-327' USGS Datum Check the municipal services you intend to utilize: Road Maintenance X Police X Fire Protection x Solid Waste Disposal x Water Supply x Sewage Disposal X 7_ TOWN South Burlington Road # 116 Name: Hinesburg Road 8. Attach a copy of town highway map showing the exact .location of the project. 9. ACRES OWNED: 4.61 acres _ Acres involved in project: 4.61 acres 10. PROJECT TO BE STARTED: ___Sprl_R1 1984 Completed! Fal l 1987 11. CONSTRUCTION COST: S 702, 000. 00 A I,ots: 2 Fee: $717 • 00 12. CERTIFICATION: 1 herehy certify that the information in the nppltr-at.ion and the attached 9r•hedulen nrn l me nn,l a(-r i1rnl-r•, and I hat., for Act. 250 projecl❑ nnly, I have frntwarrlyd a r•nm- rleln ropy of thin ApplIcnti„o 1u —4,11 of the partlen onlitlorl to nr,tir•p hllrmtnnt In 10 V.fi.A. S60R4. (1lnunlly the mnnir•irnllty, rho municipal pirnnnlnq r•omminnion, .ind the Ierlionnl planning r- ,mminnlon.l f IYnte *Attachment #I n Landowner(s)--mate N O T I C E CO"'ENCFIvE'NT OF CONSTRUCTION REQUIRES A PER= pursuant to Title 10 VSA Section 6081 (Act 250) "Commencement of construction" is defined by Act 250 as "the construction of the first improvement on the land or to any structure or facility located on the land in- cluding work preparatory to construction such as clear= ing, the staking out or use of a right-of-way or in any way incidental to altering the land according to a plan or intention tq improve or to divide land by sale, lease or otherwise transfer an interest in the land." (Envi- ronmental Board Rule 2(C) A violation of any provision of the rules is punishable by a fine of not more than $500 for each day of the violation or imprisonment for not more than two years, or both. (T. 10 VSA, Section 6003) . I understand there is to be no site work or construction commenced on this project until a written Land Use Per- mit is issued. I further understand that verbal indica- tion that a Land Use Permit may be issued does not consti- tute authorization to commence construction. pl.i{c/pt's Si�g�/n['/((iture Date 'MIS NOTICE MUST BE EXECUTED AND RETURNED WITH YOUR LAND USE APPLICATION. ATTACHMENT #1 VOLUME #1 PAGE # DATE OF RECORDING 199 400 March 28, 1984 184 225 October 28, 1982 188 314 May 16, 1983 188 311 May 16, 1983 LIST OF ABUTTORS 1. Daniel & Leo O'Brien 150 Old Farm Road South Burlington, VT 05401 2. Georgetown Condominium Association Kennedy Drive South Burlington, VT 05401 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services BOURDEAU/RYE Act 250 Application SUPPORTING DOCUMENTATION Criteria #1 Water and Air Pollution Water Pollution a. Headwaters - This project is not located in a headwaters area as defined by Act 250. b. Waste Disposal - Both existing units (which are presently served by on -site wastewater disposal systems) and the proposed units will be connected to the South Burlington municipal wastewater system. The projected average daily wastewater flow generated by this project will be 13,050 gallons per day (29 three -bedroom units, full occupancy and 75 GPD/person). A letter from the City of South Burlington allocating sewer capacity for this pro- ject will be submitted at the hearing. Solid waste will be disposed of at the South Burlington Municipal Landfill. Stormwater will be disposed of by a system of storm sewers and swales. A temporary pollution permit for the stormwater discharge has been applied for and will be submitted at the hearing. c. Water Conservation - Covenants in the deeds of all units will require installation and maintenance of toilets, faucets, and shower heads specifi- cally designed to conserve water. d. Floodways - No floodways have been mapped for this site by the Federal Emergency Management Agency (HUD Flood Hazard Areas). e. Streams - There are no year round streams within the project area. Existing stormwater drainage ways will be maintained as close to their present con- dition as possible. f. Shorelines - There are no shorelines within the project area. Air Pollution This project will not significantly impact on air quality within the project area. Open burning will be prohibited by covenants in the deeds of the proposed units. Emissions from chimneys, automobiles, etc. are not expected to degrade air quality due to the small size of this project. Criteria #2 Sufficient Water Domestic water will be supplied from the South Burlington Municipal water system. It is estimated that the average daily water use of this project will be 13,050 GPD. Letters of approval from the South Burlington Water Department and the Vermont Department of Health are included as Exhibits 1 and 2 respectively. Criteria #3 Burden on Existing Water Supply See Criteria #2 above. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services -2- Criteria #4 Soil Erosion The topography of the project area is very flat, which will minimize soil erosion. Potential soil erosion will be limited to areas where construction activities occur. Existing trees and wooded areas to be preserved will be marked and protected during construction. It shall be the Contractors' re- sponsibility to install erosion control measures and maintain them in proper working order. All disturbed areas shall be topsoiled, seeded, limed, ferti- lized, watered, and mulched as soon as possible after having been brought to final grade. Criteria #5 Transportation This project will access onto Hinesburg Road (Route 116) in South Burlington. Two existing driveways will be removed and consolidated into one common entrance/exit to Country Park Apartments. Sight distances at this inter- section are excellent. The estimated average daily volume of traffic gene- rated by this project will be approximately 5.2 trip ends per day per unit for a total of 151 trip ends per day. A letter from the Vermont Agency of Transportation concerning access onto Route 116 will be submitted at the hearing. Criteria #6 Educational Services The educational impact of this project have been reviewed with the South Burlington School District. A copy of their approval of this project is included as Exhibit 3. Criteria #7 Municipal Services Existing municipal services which will be required by this project include road maintenance, police protection, fire protection, water supply, waste- water disposal and soild waste disposal. The impacts of this project on these municipal services are assessed under subdivision review by the South Burlington Planning Commission. This Project has received preliminary plat approval and a final plat application is pending. A copy of the final plat approval is included as Exhibit 4. Copies of letters from the fire chief and police chief are included as Exhibits 5 and 6. Criteria #8 Aesthetics The site presently consists of open and wooded areas on which two existing dwellings and assorted outbuildings are situated. Proposed regrading of the site has been minimized in order to preserve existing mature trees, particuarly along the northerly property line and along Hinesburg Road. All utilities (power, cable, TV, phone) shall be buried. Each building will be landscaped as shown on the landscaping plan. Proposed exterior lighting will primarily consist of individual building mounted entrance lighting and security lighting. One free-standing light fixture is located at the entrance, as requested by the City of South Burlington. A small project identification sign will be located adjacent to the entrance. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Criteria #9 Conformance with Capability and Development Plan a. Impact on Growth - Construction of this Project is planned to commence in 1984. This growth will not significantly increase the existing growth rate of South Burlington. All necessary local appro- vals have been obtained. A copy of the minutes of the final plat public hearing of January 24, 1984 are included in Exhibit 4. b. Primary Agricultural Soils - Soils within the project area are mapped as Adams and Windsor loamy sands (AdA) and Duane and Deerfield Soils (DdA). Both soil categories are listed as primary agricultural soils, however the site is partially wooded and is not used for agricultural purposes. Conse- quently, the agricultural potential of soils within the Project area will not be significantly reduced. c. Forest and Seconday Agricultural Soils - Not applicable to this project. d. Earth Resources - Not applicable to this project. e. Extraction of Earth Resources - Not applicable to this project. f. Energy Conservation - By deed restrictions contained in the covenants to each lot the following features will be required in all heated structures to be erected: -exterior walls to be insulated to an R value of 19 or more. -roof sections to be insulated to an R value of 38 or more. -all exterior walls to have a polyethylene vapor barrier. -windows are to be double glazed. -exterior doors to be insulated and weather stripped. Copies of the covenants will be submitted prior to construction. g. Private Utility Service - The only private utility service proposed is the private drive to Lots 3,4, and 5. h. Costs of Scattered Development - Not applicable to this project. j. Public Utility Service - Electrical service will be provided by Green Mountain Power Corporation. A letter from them confirming the availi- bility of electrical service is included as Exhibit 7. k. Development Affecting Public Investments - Not applicable to this project. 1. Rural Growth Areas - This project conforms with the South Burlington Compre- hensive Plan and Zoning Ordinance. Criteria #10 Conformity with Local Plan Final Plat approval from the South Burlington Planning Commission is pending. A letter from the City Planner documenting that this project conforms with the local plan is included as Exhibit 8. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services RECEIVED J AN .1 7 1984 'Rig 1 t City of South Burlington TJKIr WATER DEPARTMENT c_ 400 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TEL. 864-4361 January 13, 1984 Mr. Roger Dickinson Fitzpatrick - Llewellyn Consulting Eng. 15 Brickyard Road Essex Junction, Vermont 05452 Re: Bourdeau/Rye Properties Dear Roger; This letter is to inform you that the plans for the Bordeau/ Rye Properties on Hinesburg Road, dated October 1983, have been approved by this department. Water will be provided to this devel- opment from the existing 12" water main on Hinesburg Road. The proposed development will not place a burden on or hamper the ability of the South Burlington Distribution System to serve its existing customers. If you have any questions or I can be of further assistance please do not hesitate to call. Sincerely, SOUTH BURLINGTON WATER DEPARTMENT Robert Perkins Superintendent STATE OF VERMONT AGENCY OF HUMAN SERVICES February 10, 1984 Gerald Milot Milot Properties Inc. 15 Brickyard Road Essec Junction, VT 05452 RE: Letter of Approval Bourdeau/Rye Properties S. Burlington, Vermont Dear Mr. Milot: RECEIVED ' L.3 1 5 �9a4 DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL HEALTH 60 MAIN STREET, P. O. BOX 70 BURLINGTON, VER,MONT 05402 X&MA62(mXX 363-7220 A review has been completed of the plans and specifications submitted by Fitzpatrick -Llewellyn for 300' of 8" and 90' of 6" D.I. water main, and 130' of 2" PVC water main. This water main extension of the South Burlington Water Department is to serve the Bourdeau/Rye Properties in South Burlington. The plans are dated as follows: Sheet 1 Dated - October; 1983 Last Revised - January, 1984 Sheet 2 Dated - September, 1983 Sheet 3 Dated - October, 1982 Last Revised - January, 1934 Sheet 4 Dated - October, 1982 The authority and basis for approval are found in Section 3.0 of the Vermont Health Regulations, Chapter 5, Subchapter 12, entitled, "Public Water System Regulations." These documents are approved with the FOLLOWING CONDITIONS. 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 guarantee that the inspection is undertaken to insure that the project is constructed in accordance with the approved plans and specifications and any authorized change orders. Gerald Milot - Letter of Approval Page 2 January 10, 1984 3. The owner or authorized representative shall submit record drawings to this office depicting the system as it was constructed, including field modifications. 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, Vermont 05401, for bacteriological testing. Negative sample results are required before the system may be placed "on line" for drinking. Sincerely, Harold E. Sargent, Chief of Technical Services HES/HJ/lf CC: Robert Perkins, S. Burlington Water System Operator Roger Dickinson, P.E., Consulting Engineer Benson Sargent, Div, of Env. Eng., AEC Ernest Christianson, Regional Engineer SOUTH BURLINGTON SCHOOL DISTRICT ---_ SOUTH BURLINGTON, VERMONT 05401 FREDERICK H. TUTTLE Superintendent LAWRENCE E. LECOURS Assistant Superintendent July 28, 1983 Mr. Stephen S. Page Fitzpatrick -Llewellyn Incorporated The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Dear Steve, OFFICE: SOUTH BURLINGTON HIGH SCHOOL 550 Dorset Street At their regular meeting on July 27, 1983, the South Burlington School Directors voted that the Bourdeau/Rye project, outlined in your April 7, 1983 letter, would not place an unreasonable burden on this municipality to pro- vide educational services. I am enclosing a copy of our Transportation Policy for your information. Students in grades kindergarten -five will attend Central School; stu- dents in grades 6-8 will attend the Middle School and grades 9-12 will attend the high school. If you have any questions regarding the above, please contact me. Sincerely yours, Frederick H. Tuttle Superintendent of Schools FHT: cl enc. cc: David H. Spitz Lawrence E. LeCours Leo P. Brown All Building Principals SOUM BURLINGTON SCHOOL DISTRICT SOU'lli BURLINGTON, VEAZOONT TRANSPORTATION POLICY It is the policy of the South Burlington School Di.strict to furnish transportation daily to resident pupils to and from all schools :in the district in accordance with approved acfininistrativo imidcl:ines. Administrative Guidelines 1. Transportation will be provided for pupils in grades K-5 whose wal.kim, distance from the school they attend exceeds 3/4 mile. 2. Transportation will be provided for pupils in ,erades 6 l.2 whose wall:inti; distance from the school they attend exceeds one mile. 3. Bus routes and schedules, which are reviewed annually, are determined by the Business *tanager with the approval of the. Sunorintcndent. Prior to tho opening of school, pupils who are to be transr►orted receive an individual bus schedule indicating the bus stop location, the bus number, and the appropriate nick -up time. 4. Buses will not be routed over private roads. 5. Parents who have questions or requests concerning transportation should contact the Superintendent of Schools. 116 will forward appropriate requests to the School Directors with his recommendations. 6. The Superintendent has the discretionary power to make exceptions to the above provisions when the health of a nupi1 or saFuty conditions ►Jarrant such action on his part. 7. In accordance with Title 23 section 1282 of the Vermont Statutes, buses are properly inspected and bus drivers "submit to an examination by a registered nhysician and furnish to the Board of: School Directors a certificate signed by such registered physician that he is physically competent to perf o7m such duties." Signed Policy accepted: August 1.1, 1971 Policy revised and accepted: / Cl 2 3 'y�/ T A ( r 4. PLANNING COMMISSION JANUARY 24, 1984 Mr. Belter asked about the coverage on the remaining GMP lot and was told it would still be well within the coverage limits. It was also noted that there would still be room for building expansion to the north and parking lot expansion if' needed. Mrs. Maher did not feel it was a good idea to attach the 3/4 acre piece to the 4.5 acre one, because all it would be used for would be added density. She felt that small Niece should be with the office building lot. for. Perry said it did not relate to either lot and was just excess baggage with either. Ile mentioned that the city owned land next to that small piece, and they might want to swap, or they might want to put a trail across it. Creating 3 separate lots was mentioned, but no one wanted that. No one objected to setting off the 4.5 acre piece, and attaching the..sm of to the GMP building lot. Continue public hearing on Bourdeau/Rye property,,28 unit planned unit develop- ment. Mr. Gerald I4ilot--and_.;ir. Daniel .J...-O'Brien Mr. Milot said he had met again with the fire chief and they had come to a compromise. The road width in sensitive areas has been widened to allow 30' between parked cars. Some of the buildings were shifted slightly and two areas were added with sub -base, gravel and topsoil. These will be seeded and the owners will have to maintain them. Another fire hydrant has also been added. Mrs. Maher moved that the South Burlington Planning Commission approve the final plat application of Gerald Milot and Daniel J. O'Brien for a 28 unit planned unit development as depicted on a plat entitled "Bourdeau Rye Prop: Final Plat prepared by Fitzpatrick -Llewellyn, Inc., dated October 1983 with revisions dated October 183, November 183, December '83, and January 24, 1984, subject to the following stipulations: 1. That the balance of the legal documents be submitted to the City Attorney for approval prior to issuance of a building permit. 2. That a sidewalk be provided from the corner of Kennedy Drive to the entrance of the development, with the developer working with the City Manager regarding site improvements and cost. 3. That the recreation fee in the amount of 4200.00 per unit be paid prior to issuance of a building permit. 4. Sewer allocation shall be 7,250 gallons per d the sewer policy developed by the Flanning COMMi33ion. in accordance with 5. That a performance bond for utilities in the amount of t20,OOO and for landscaping in the amount of i8,000 be posted prior to a request for building permits. 6. That snow fences be erected and maintained during construction around the existing vegetation that is to be saved. 7. That a graveled access drive be installed to the northerly property line to provide emergency access to Georgetown. 8. Stipulations 1, 2 and 3 of a letter dated 1/24/84 from the South Burlington Fire Chief to Richard Ward shall be part of these stipulations. Mr. Mona seconded the motion and all voted in favor. rties"1_ RECEIVED APR 5 1984 Utitl� 1,13lirlitlgton Yir e Bepartment f r 575 Dorset 1*treet - k1outlj Llurliugtou. Vernnont 05,101 ,� January 24, 1984 Mr. Richard Ward South Burlington Planning / Zoning Administrator 575 Dorset Street South Burlington, Vermont 05401 Dera Mr. Ward, On Monday January 23,1984 I reviewed the changes Mr. Milot will be making on the Rye/Bourdeau Development. At the meeting the new plan was not finished but should be by for the meeting tonight January 24,1984. The changes are as follows; 1. All main roads at least 30 Ft wide. 2. A 3 rd. Hydrant installed 3. A area by the 4 unit 30 Ft. wide with a stone base and top soil to beable to hold up the weight of the tower truck. I still feel the design of the development is a poor one. and if that is the best which can be done I will just have to live with it. After the last meeting I left with the feeling that we must have two ways in to developments with 50 units incase on way is blocked but any thing under the 50 units we don't have to worry about fire protection. If you have any questions please feel free to call me. I do want to check the plan when completed to make sure all the changes have been added. Sincerely ames W. Goddette Sr. Chief RX OFFICE OF JAMES W. GODDETTE, SR CHIEF 863.6455 11 SOUTH BU RLINGTON POLICE DEPARTMENT 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 Richard G. Carter, Chief -' Telephone (802) 658-1050 RECEIVL:L) FL e 9 1984 Fitzpatrick -Llewellyn Incorporated Engineering and Planning Services The Kiln 15 Brickyard Road Essex Jct., Vermont 05452 Dear Mr. Dickinson: February 7, 1984 The police department has reviewed the proposed 29 Unit Planned Residential Development on Hinesburg Road in South Burlington and can find no reason to object to the project at this time. Sincerely, Richard G. Carter Chief of Police RGC:asr RECEIVED OCT 2 5 1983 GREEN MOUNTAIN POWER CORPORATION TWENTY-FIVE GREEN MOUNTAIN DRIVE, P.O. BOX 850 SOUTH BURLINGTON, VERMONT 05402 802/864-5731 October 24, 1983 Fitzpatrick -Llewellyn Inc. 15 Brickyard Road Essex Junction, VT. 05452 Att: Mr. Roger J. Dickinson, Jr. Dear Mr. Dickinson: Reference is made to your request concerning electrical service for the proposed Bourdeau-Rye properties project consisting of two existing and twenty seven new single family dwelling in three structures off Vermont Route 116 in the City of South Burlington, Vermont. Under.the existing Vermont Public Service Law, Green Mountain Power Corporation -is required "to furnish reasonably adequate service, accommodations and facilities to the public." Historically, the company has been able to anticipate customer's requirements, and has provided the necessary facilities for added loads. It is our intention to continue this policy in accordance with applicable Public Service Board regulations. Assuming the project is approved by the necessary agencies, Green Mountain Power Corporation will cooperate in every way to provide safe, adequate and reliable electrical service when it is needed. Details concerning service size and location, scheduling, costs, etc., should be discussed with Mr. C. C. Quinn of the Williston Commercial Office. Very truly yours, Walter C. Hipp�'i Director of Engineering WCH/ng cc: C. C. Quinn Eng. File (LDA) RECEIVE MAR 2 1 1984 January 27, 1984 Mrs. Katherine Vose District Environmental District 111 c,'est Street Essex Junction, Vermont 05452 Re: Bourdeau/Rye properties Dear Mrs. Vose: Be advised that the South Burlington Planning Commission approved a 27 unit planned unit development for the Bourdeau/Rye properties on Hinesburg Road on Tuesday, January 24, 1984. This propo�l is in total oonforma►c e with the City's Comprehensive Plan. If you have any questions don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RIB;/nicg DECLARATION OF WELLESLEY GROVE CONDOMINIUM ARTICLE I SUBMISSION: DEFINED TERMS Section 1.01. Submission of Property; Creation. Kieslich Development Corporation; of Burlington, Vermont, and its successors and assigns (the "Declarant"), owner in fee simple of the following described lands located in the City of South Burlington, County of Chittenden and State of Vermont (the "Land"), hereby submits the Land described in Exhibit A attached hereto, together with all easements, rights and appurtenances thereto (the "Property"), to the provisions of Chapter 15 of Title 27 of the Vermont Statues Annotated, known as the Vermont Condominium Ownership Act (the "Act"), and hereby creates with respect to the property a condominium, to be known as Wellesley Grove Condominium (the "Condominium"). Section 1.02. Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Bylaws of Wellesley Grove Condominium Home Owners Association (the "Association") attached as Exhibit B (the "Bylaws"), as it may be amended from time to time, or as provided in the Act. ARTTCLE II BUILDINGS ON THE LAND: UNIT BOUNDARIES AND DESCRIPTIONS Section 2.01. Number and Location of Buildings. The locations of the Buildings on the Land are depicted on Exhibit A. There are 6 Buildings. Section 2.02. Description of Building. The Buildings are of wood frame construction with vinyl/wood clapboard siding. The Units in the Buildings are townhouse style; they each have a first or main floor and a second or upper floor; the main and upper floors are wood construction. The roofs of all Buildings are covered with asphalt or fiberglass shingles. Section 2.03. Description of Units; Allocation. The locations of all Apartments (the "LTnits") within the Buildings are shown on the "Plans" attached as Exhibit A. There are a total of 24 Units. Six Buildings contain four Units each. All of the Units contain two bedrooms, living room, dining room, kitchen, study, and garage. The Plans set forth, as to each Unit, its layout, location, Unit number and dimensions. See Exhibits A and B. All of the Units are in the townhouse style. Exhibit C is a list of all Units, the identifying number of each Unit, the value of the Property and each Unit and the percentage of undivided interest in the Common Areas and Facilities (the "Common Elements"), including voting, allocated to each Unit. The location of the Common Elements to which each Unit has direct access are shown on Exhibit A. All Units are heated by gas heat. Section 2.04. Unit Boundaries. Each Unit consists of the space within the following boundaries: (a) upper and lower (horizontal) boundaries: The upper and lower boundaries of the Units shall be the following boundaries extended to an intersection with the vertical (perimetric) Boundaries: (i) upper boundary: The horizontal plane of the upper or second floor of the bottom surface of the ceiling joists. (ii) lower boundary: The horizontal plane of the top surface of the subflooring on the first floor. (b) Vertical (perimetric) boundaries: The vertical boundaries of the Units shall be the vertical plane which includes the innermost surface of the plasterboard of all walls bounding the Unit extended to intersections with each other and with the upper and lower boundaries. (c) if any chute, fire duct, wire, conduit, bearing wall, bearing column or an other fixture lies partially within and partially outside the designated boundaries of any Unit, any portion thereof serving only that Unit is a Limited Common Element allocated soley to that Unit, and any portion of the Common Elements is a part of. the Common Elements. Subject to the foregoing, all spaces, interior partitions and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. ARTTCT.F. TTT COMMON AREAS AND FACILITIES Section 3.01. Limited Common Elements. (a) A Limited Common Area and Facility (a "Limited Common Element") is a portion of the Common Elements allocated for the exclusive use of one or more but fewer than all of the Units. (b) Balconies, terraces and fences, if any, adjacent to any Unit, shown on the plans attached as Exhibits A and B are Limited Common Elements appurtenant to the Unit. (c) Any shutters, awnings, windowboxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows, equipment storage areas, closets or other fixtures or improvements designated to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. (d) The plans depict certain open -parking areas and garage spaces; those parking areas and spaces which bear a number corresponding to a Unit number are Limited Common Elements, and the areas and spaces so depicted shall be Limited Common Elements appurtenant to and for the exclusive use of the respective Units. Sect ii�n -. v2. Ci�wu`ion Areas and rat ilitiect. (a) file %ommon Elements are all the Property depicted on Exhibits A and B except The Common Elements include, without limitation, the following: Units. (i) the Land, including the real estate upon which the Buildings and other improvements are located, together with the benefit of, and subject to, all rights, easements, restrictions and agreements recorded in the Land Records of the City of South Burlington; (ii) all portions of the Buildings, except those portions indentified as Units and Limited Common Elements; and (iii) all improvements other than the Buildings and Limited Common Elements. (b) The Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit owners. No Unit owner nor any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provisions of this Declaration pursuant to the Act. (c) Each Unit owner may use the Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit owners. Use of the Common Elements shall be subject to the rules and regulations regarding use thereof as shall be established from time to time by the Board of Directors. ARTTCT.F TU USE RESTRICTIONS Section 4.01. Units. (a) Each Unit shall be used solely for residential purposes and no trade or business of any kind which would cause or require the presence of persons on the site who are not members of the association may be carried on herein; (the lease or the rental of any Unit for residential purposes shall not be considered to be carrying on of a trade or business). (b) The Declarant reserves the right to use or maintain any Unit as sales office, management office or model until such time as the Declarant conveys the title thereto. Section 4.02. Alterations. No improvements or alteration to any Unit may be made which would impair the structural integrity or mechanical systems or lessen the support of any portion of the Land or the Buildings. Without the prior consent of the Association, the appearance of the Common Elements or the exterior appearance of any Unit or Building may not be changed. No Unit may be subdivided into two or more Units. Section 4.03. Interference with Others. No Unit shall be used or maintained in a manner which shall interfere with the comfort or convenience of occupants of other Units or the provisions of the Bylaws. ARTICLE V EASEMENTS Section 5.01. Easement for Access. Each Unit owner is hereby granted an easement, in common with each other Unit owner, in all Common Elements, for ingress to and egress from, utility service for, and support, maintenance and repair of each Unit, subject to such reasonable rules, regulations and restrictions as may be imposed by the Association. Each Unit is hereby burdened with and subjected to an easement for ingress and egress through all Common Elements by persons lawfully using or entitled to the same. Section 5.02. Easement for Encroachment. To the extent that any Unit or Common Element unintentionally and non -negligently encroaches on any other Unit or Common Element, an easement for the encroachment shall exist. Section 5.03. Easement for Completion; Utilities. The Declarant hereby reserves an easement through the Common Elements for the purpose of completing or making improvements described in this Declaration; to make improvements in the Condominium; and to erect and remove signs advertising the Condominium. The Declarant also reserves the right to grant and reserve easements and rights of way through, under, over and across the Property for the installation, maintenance and inspection of lines and appurtenances for public or private sewer, water, drainage, gas, electiricty, telephone and other utilities. Section 5.04. Easement for Support. Each Unit and the Common Elements shall have an easement for alteral and subadjacent support from every other Unit and the Common Elements. Section 5.05. Upkeep of Condominium. Maintenance, repair and replacement of the Common Elements and of the Units shall be as provided for in the Bylaws notwithstanding boundaries of Units and Common Elements. Each Unit owner shall afford to the Association and the other. Unit owners, and to their agents or employees, access across his Unit reasonably necessary for those purposes. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit owner responsible for the damage, or the Association, if it is responsible, shall promptly repair such damage. Section 5.06. Environmental Requirements. (a) Without the prior written consent of the District 4 Environmental Comission, or its successor, (i) no Unit Owner shall remove or replace water conserving plumbing devices originally installed in any Unit; (ii) the Association shall maintain, repair and replace all of the Common Elements, including roadways and the storm water systems; and shall replace all trees and shrubs as necessary; (iii) no vehicles shall be parked or permitted to remain standing in these areas of the Common Elements identified as fire lanes and restricted vehicular parking areas; and (iv) no open burning shall be permitted on the Property. (b) No amendment of Section 5.06 (a) shall be effective without the prior written consent of the District 4 Environmental Commission. ARTICLE VI DAMAGE OR DESTRUCTION Section 6.01. Common Elements. Any portion of the Common Elements which is damaged or destroyed shall be promptly repaired or replaced by the Association unless (a) Repair or replacement would be illegal under any State or local health or safety statute or ordinance, or (b) the condominium is terminated. Section 6.02. Units. (a) If any portion of a Building in which a Unit is located shall be damaged or destroyed, the damaged portion shall be promptly repaired or replaced by the Association unless (i) repair or replacement would be illegal under any State or local health or safety statue or ordinance, or (11) 80 percent of the Unit owners, including the owner of a Unit and the owner of any Limited Common Element which will not be rebuilt, vote not to rebuild, or (iii) the Condominium is terminated. (b) In the event that the damage or destruction is limited to the interior of a Unit or to a Limited Common Element then the owner of the Unit or the owner of owners of the Unit or Units benefited by the Limited Common Element, as the case may be, shall promptly repair or replace the damaged portion. Section 6.03. Insurance. The Association shall maintain, to the extent available, property insurance on the common elements and Units, exclusive of betterments and improvements installed in Units by Unit owners, insuring against all risks of direct physical loss commonly insured against and comprehensive general liability insurance, all in such amounts as the Association shall determine from time to time. Any loss covered by insurance shall be adjusted by the Association which shall hold the proceeds in trust for the Unit owners and lien holders as their interest may appear; in the event of repair or replacement, the proceeds shall be disbursed first for repair or replacement. The cost of repair or replacement of the Common Elements, in excess of insurance proceeds and reserves, if any, shall be a Common Expense. ARTICLE VII CONDEMNATION Section 7.01. Common Elements. If any portion of the Common Elements is taken by condemnation, the Condominium shall not terminate unless Vv percent' of the visit owners so vote. T he A$sol:iatiirrt s haii divide any portion of the award not used for any restoration or repair of the remaining Common Elements before the condemnation, but the portion of an award attributable to the acquisition of a Limited Common Element shall be divided equally among the owners of the Units to which the Limited Common Element was allocated at the time of acquisition. Section 7.02. Units. Upon acquisition by condemnation of any Unit or such a part of a Unit that the Unit owner is left with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, that Unit's entire Common Element interest shall be reallocated to the remaining Units in proportion to the respective interests of those Units prior to condemnation, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocation. The Common Element interest of a Unit prior to condemnation, and any remnant of a Unit remaining after part of a Unit is taken, thereafter shall be a Common Element. ARTICLE VIII THE ASSOCIATION Section 8.01. Authority. The business affairs of the Condominium shall be managed by the Association. The Association shall be governed by its Bylaws, as it may be amended from time to time. Section 8.02. Membership. The membership of the Association shall at all times consist exclusively of all the Unit owners or, following termination of the Condominium, of all former Unit owners. Section 8.03. Powers. The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary or appropriate to manage the business and affairs of the Condominium. Section 8.04. Declarant Control. Until the earlier of (a) 120 days after the date by which 75 percent of the Units have been conveyed to Unit owners or (b) June 30, 1995, or (c) voluntary relinquishment in writing by the Declarant, then the Declarant may direct, modify or veto any action of the Association or its Board of Directors. Upon the occurrence of such date, then the authority and power of the Declarant to direct, modify or veto shall terminate and lapse, and be of no further force or effect. However, the Declarant may, for so long as he is the owner of any Unit, exercise, with respect to such ownership, all rights of ownership granted pursuant to this Declaration, the bylaws of the Association or by law. ARTICLE IX WELLESLEY GROVE CONDOMINIUM HOME OWNER ASSOCIATION Section 9.01. Membership. Each Unit owner may, but need not, be a member of the Condominium Home Owners Association (the "Home Owners Aaoociati:.n" ) . Section 9.02. Obligations. All members of the Home Owners Association shall be benefited by and subject to the governing instruments of the Home Owners Association, as well as all rules and regulations promulgated by the Home Owners Association. ARTICLE X COMPLIANCE AND DEFAULT Section 10.01. Generally. Each Unit owner shall be governed by and shall comply with the terms of the Declaration and the Bylaws of. the Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time. Failure of a Unit owner to comply therewith shall entitle the Association or other Unit owners to the following relief in addition to the remedies provided by the Act: (a) Liability. A Unit owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by his act, neglect or carelessness or by that of any member of his family or his or their guests, employees, agents, lessees or other invitees, but only to t"}]P PxtPnt t}�At C iirh avnnncc i s nor o f :.., th` �- .7.. r.-."... - ...�. .,� p�va_. c. uo G..f insurance �ui aiiuc carried by the insurance rates occasioned by use, misues, occupancy or abandonment of a Unit or its appurtenances, or of the Common Elements. (b) Costs and Attorneys' Fees. In any proceeding arising because of an alleged failure of a Unit owner to comply with the terms of the Declaration or the Bylaws of the Association, and any and all regulations adopted pursuant thereto, as they may be amended from time to time, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees as may be awarded by the court. Section 10.02. Waiver. No provision of this Declaration shall be deemed to have been waived by reason of any failure to enforce, regardless of the occurrence of violations or breaches from time to time. ARTTCT.F XT AMF.NTIMFNT.q Section 11.01. Generally. Except as otherwise provided in Section 11.04, this Declaration may be amended only by vote or agreement of at least 75 percent of the votes, by number, of the Unit owners. for so long as the Declarant has any interest in the Property, including unsold or unbuilt Units, no amendment shall be effective unless consented to by the Declarant. Every amendment shall be prepared, executed, recorded and certified by the Association and shall be effective only when recorded in the Land Records of the Town of Essex. Section 11.02. Individual's Consent. No amendment which alters the dimensions of any Unit or which alters the percentage of the Common Element interest to which any Unit is entitled shall be valid unless the same has been signed or consented to by the Unit owner so affected. Section 11.03. Statutory Compliance. No amendment which alters this Declaration in any manner which would render it contrary to or inconsistent with any requirements or provisions of the Act shall be valid. Section 11.04. Amendment by Declarant. Notwithstanding the provisions of Section 11.01, this Declaration may be amended by the Declarant, without the consent of any other Unit owner (a) prior to the sale by the Declarant of 50 percent of the Units, or (b) in order to comply with any provision of law; and any such amendment, upon execution and certification by the Declarant and recording by the Town Clerk of the City of South Burlington, shall be effective upon recording. ARTTrl.F XTT MISCELLANEOUS Section 12.01. Invalidity. If any provision of this Declaration is held invalid, the invalidity thereof shall not affect other provisions of this Declaration which can be given effect without the invalid provisions, and to this end the provisions of this Declaration are severable. Section 12.02. Heading. The headings in this Declaration are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. Section 12.03. Termination. This Declaration, as it may be amended from time to time, may be terminated as provided by law. Section 12.04. ALent. The person who shall receive service of process as required by the Act is Allen R. Kieslich and his place of business is 184 Killarney Drive, Burlington, Vermont. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by a general partner and duly authorized agent this day of , 1985. WITNESSES: KIESLICH DEVELOPMENT CORPORATION BY Its President and Authorized Agent TATE OF VERMONT HITTENDEN COUNTY, SS. At in said County and State on this day of , 1985, Allen R. Kieslich, President, personally appeared and he acknowledged the foregoing instrument by him sealed and subscribed to be his free act and deed and the free act and deed of Kieslich Development Corporation. Before me, Notary Public APPENDIX A A parcel of land, with all improvements thereon, situated on the easterly side of Hinesburg Road, so-called, being that property shown and depicted as "Parcel A" on a plan entitled: "Bourdeau/Rye Properties, Hinesburg Road, South Burlington, Vermont, revised final plat" dated March, 1985, and prepared by FitzPatrick-Llewellyn, Inc., of record at Map Volume , page of the City of South Burlington Land Records, and more particularly described as follows: Being all and the same lands and premises conveyed to the within grantor by Warranty Deed of O'Brien Brothers Agency, Inc., Milot Properties, Inc., and O'Brien Brothers dated June 20, 1985, of record of Volume on page of the South Burlington Land Records. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein in further aid of this description. Included in this submission are all rights of way and easements contained in the deed above referred to. State of Vermont t Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation April 14, 2000 O'Brien Brothers Agency, Inc. and Milot Properties 1336 Williston Road South Burlington, Vermont 05401 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Certification of Compliance # 4CO584, Wellesley Grove Condominiums Our office has received a construction completion report from LLewellyn - Howley Incorporated for the sanitary sewer line extensions approved in Certification of Compliance # 4CO584. This satisfies Condition # 3 of the above referenced permit. Thank you for your close attention to the permit conditions. Sincerelv, William E. Zabiloski Assistant Regional Engineer c City of South Burlington LLewellyn - Howley Incorporated Mary B. Trottier, Esq. - Ward, Kelley & Babb TDD: 1-800-253-0191 100 / Processed Chlorine Free Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury CITY OF SOUTH BURLIW3TON Subdivision Application - FINAL PLAT 1) Name of Applicant �SSfL'S 6CRALZ miLoi 2) Name of Subdivision 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:�- 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: PMOM.cCt-�-O hJLk EI-VQ c-W (AN IT S UN �%11QC��- � ��YY� �� 1 � 9.$ 1 ,i IA 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. (Signature) applicant or contact person OJJ� 1 !8 l°c C63 Date FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction 0 Vermont • 05452 • (802) 878-3000 7 May 1985 Ms. Jane Bechtel, Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 RE: Bourdeau-Rye Properties Revised Final Plat FILE: 85030 Dear Ms. Bechtel: On behalf of our Client(s), we are herewith submitting four (4) copies of a revised site plan (Final Plat), containing some "fine tuning" of building siting. These revisions,we feel, "open" the Project up even more than the plan submitted last week. Rriefly the rhannac aro: 1. Building #2 has been slightly rotated clockwise. 2. Building #3 has been moved 5 feet farther from the road. 3. Building #6 has been moved 5 feet along its longer axis. 4. An additional street light has been added, and all previously -shown street lights have been moved a few feet. 5. The berm along Hinesburg Road has been extended another 70 feet(+/-) to provide better shielding. We trust these improvements won't constitute a substantial change, and can be included in our hearing scheduled for the 14th of this month. Please call if you have any questions. Sincerely, FITZP RIC L YN ORPORATED Douglas Fitzpatrick, P.E. cc Gerald Milot Dan O'Brien Allen Kieslich DRF:amo Design 0 Inspection 0 Studies 0 Permitting PLg3LIC BEARING SOUTH BURLING` UN PIIINNING pONY�IISSION The South Burlington Planning CoRmission will hold a plblic hearing at the V _ _ _ - rset_SZt,- South --Burlington, _. South BurTi torti Cit Hall, 575-Do _ 4' _- Y i985, at Tz30 P:M: to consider the Vermont on Tuesdayr MaY 4 following: T Preliminary Plat apply, n of the industrial 'subdivision with 13 new lot-sog 4 hrnktrth �i i at Ethan Allen Farm Property is boktnde can the_ -,c th hY f by Airport and National Guard Avenue, ^k Road, I on the north by Ashlibe, Unsworth and the Wine s Riva>r_—in*PYna>>y by Berard, Shields, Shiffler and Naef and on the Paat—by t numberous residents of Country Club 2 Revised final iplat of O'Bri for a 24 unit planned residential development Qn thr '�� property on Hinesburg Road Property is bounder on thA north� Georgetown Condominiums,on the east and soutb by other. -lands of O'Brien and on'the west by Hinesburg Road. Sidney B.-Poger Chairman, South Burlington Planning Cocnnission April 27, 1985 1 CITY OF SOUI•H BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant O'orien Brothers agency, inc./Milot Properties 2) Name of Subdivision gordeau/Rye Properties i 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: 4) Indicate any changes to the subdivision, such;as number of lots or units, property lipes, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: Minor changes consist of: remove existing house & change to part of multi -family; number of units same - new road layout; new building configurations, individual garages. 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 tfo 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. (Signature) appl4saftt-sr Atact person Date PUBLIC HEARING SOUIII 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, _ Novemb - 8 1983► at 7:30 P.M. to consider the following: Final plat application by Mi of Pro�rtiP� nr� C1'Rr,Pn Rrnthr�rc nJ n`y fnr a -- 28 residential units on the Bourdeau and Rye pr pertiPs on HinP�h,rry Rnarl __--_. Property is bounded on the north by Georget )un Condominiums, nn fhP south by other lands of O'Brien, and on the west by H `QsL)I""^ Eaad Copies of the application are available for public inspection at the South Burlington City Hall. Sidney B. Poger Chairman, South Burlington Planning Commission October 22, 1983 l �M U.LIMQTQt ` City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 TOW" M•'�G PLANNER 658-7955 Mr. Allen Kieslich 184 Killarney Drive ' • Burlington, Vermont 05401 Dear Allen: April 15, 1987 0 I understand that Dick Colton had planned sidewalk along Hinesburg Road neathe travel property road, and not along the ZONING ADMINISTRATOR 658-7958 on installing the portion of the Of your approval plan which clearly proposes a Enclosed is a copy 5 foot sidewalk along Your property line. *walk is the reason nt The location of the Mr. Audette has estimated rthe ecost f atfifteen installation cost. Mr. (15) dollars per foot for a total distance of four hundred an ninety five feet plus or minus a few feet. This amoufiveto a total cost Of seven thousand fourhundred of and awenty payment or cash dollars. You still have the op case, this matter must be installing the sidewalk. In any resolved within the next few weeks. I understand that Dick will be finishing a job at Reilly Tire d time to finish your project. soon which would be a goo also noticed that you lost a good number `of the pine trees I have laced this spring planted along the berm. These should be rep at did not survive the winter. along with any other plantings that we can complete this project, release the bond and move Hopefully on to something else. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp Encl City of South Burlirityton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 October 1, 1986 Mr. Allen Kieslick 184 Killarney Drive Burlington, Vermont 05401 or lawzxl A'U - ZONING ADMINISTRATOR 658-7958 Re: Wellesley Grove Dear Allen: Having recently completed an inspection of your landscaping for the last phase of your project I have the following comments. The grey birch and poplar trees that you are attempting to save are of little value. However, I would consider them to be worth one thousand dollars. The norway maples, approximately 15, have yet to be planted. Thesc should have a value of the seventeen hundred dollars. In addition, ten percent of original bond must be continued to guarantee the entire land- scaping plan. In consideration of all of the above, I would reduce your bond to five thousand dollars. The sidewalk is still in question. Once the amount is agreed on, -a cash payment should be made to the City. Upon completion of both matters this office will issue a certificate of occupancy for the entire project. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp September 10, 1986 Mr. Alan Kieslich 184 Killary Drive Burlington, Vermont 05401 Re: Wellesley Grove Dear Alan: Be advised that debris from your project is being dumped in the wooded area on the north-east corner of Hinesburg Road and Kennedy Drive. The area of concern in near units 16 and 17, most recently dirt, stones and tree branches have been hauled into the area in question. This area is a drainage way and we are concerned that your debris may create some problems. We request that the area be cleaned up and that no further dumping take place. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 ZONING ADMINISTRATOR PLANNER ✓ 658-7958 658-7955 August 14, 1986 Alan Kieslich Kieslich Development Corporation 184 Killary Drive Burlington, Vermont 05401 Dear Alan: This serves to confirm our conversation of today regarding your landscaping at Wellesley Grove. I will expect to receive a revised plan with planned and existing (old and newly planted) landscaping. Evidently Dick Colton and Sunny Audette will establish a price for the installation of the sidewalk. They want it to be a cash payment that is to be used for sidewalks elsewhere in the City. This arrangement needs Planning Commission approval since they required the sidewalk in front of your development. I will arrange for you to appear before the Commission in September. According to Dick, your bond can be reduced from $40,000 to $22,500. He will need a new letter of credit from the bank in this reduced amount. Please deliver revised plans to me within the next two weeks. Sincerely, ^^ IZS6-ct-� Jane B. Lafleur, City Planner JBL/mcp cc: Richard Ward NIQUETTE, NIQUETTE & ASSOCIATES RUSSELL F. NIQUETTE, .SR. RUSSELL F. NIQUETTE, JR. EUGENE J. WARD, III November 8, 1985 ATTORNEYS AT LAW 5 EAST ALLEN STREET POST OFFICE BOX 1 WINOOSHI, VERMONT 05404 Mrs. Jane Lafleur Director of Planning City of South Burlington 575 Dorset St. So. Burlington, Vt. 05401 Re: Kieslich Development Corporation Wellesley Grove Condominiums Dear Jane: I enclose Irrevocable Offer of Dedication in the above matter. Sincerely, Russell F. Niquette, Jr. RFN/blw Enclosure TELEPHONE 802-055-0575 16fJ�c � C )�& MA & ;el" NIQUETTE, NIQUETTE & ASSOCIATES RUSSELL F. NIOUETTE, SR. RUSSELL F. NIOUETTE, JR. EUGENE J. WARD, III October 25, 1985 ATTORNEYS AT LAW 5 EAST ALLEN STREET POST OFFICE BOX 1 WINOOSKI, VERMONT 05404 Mrs. Jane Lafleur Director of Planning City of South Burlington 575 Dorset Street So. Burlington, Vt. 05401 TELEPHONE 802-655-0575 Re: Kieslich Development Corporation Dear Jane: `" 4 I enclose warranty deed and offer of dedica�tiox�corrected as you requested. C..._._........_ -c' Feel free to call on me if you have further matters to be resolved. Russell F. Niquette, Jr. RFN/blw Enclosures cc: Mr. Allen Kieslich Niquette, Niquette & Associates 5 East Allen Street P.O. Box 1 Winooski, Vt. 05404 IRREVOCABLE OFFER OF DEDICATION AGREEMENT by and between Kieslich Development Corporation, hereinafter referred to as "Owner" and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality". W I T N E S S E T H: WHEREAS, the Municipality's Planning Commission has approved a final subdivision plat entitled "Wellesley Grove Condominiums" dated March of 1985 and prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission contains a condition that a 20 foot wide easement for all 8 inch sewer lines, waterlines and the 7 foot sidewalk as shown in a plan entitled "Bourdeau/Rye Properties, Hinesburg Road, South Burlington, Vermont, revised final plat" dated March 1985, and prepared by Fitzpatrick -Llewellyn, Inc., be dedicated to the City of South Burlington and thereafter conveyed by a deed or a bill of sale; and WHEREAS, the above described personalty, lands and/or interest therein are to be dedicated to Municipality free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner has delivered to the municipality appropriate deeds of conveyance for the above described lands and/or interest therein. 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 the 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. 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. The Municipality may accept all dedicated items together or may accept any one or more at separate times. Dated this J s day of J�q cJZ_. 1985. E IN THE PRESENCE OF: KIESLICH DEVELOPMENT CORPORATION .r STATE OF VERMONT CHITTENDEN COUNTY, SS- By: Its Duly Authorized Agent CITY OF SOUTH BURLINGTON Its Duly Auth r zed Agent A t ` Q� in said County, this day of 1985, personally appeared Allen Kieslich and he ack owledged the within instrument, by him signed, to be his free act and deed and free act and deed of Kieslich Development Corporation. Before me���r�� Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this j'§A-- day of a �-nh.�r > 1985> personally appeared � \\\ sd, S �•r - - V. , duly authorized agent of the City of South Burlington, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me'N.� a, Notary ch o ti �^ Notary Public Niquette, Niquette & Associates 5 East Allen Street P.O. Box I Winooski, Vt. 05404 STATE OF VERMONT CHITTENDEN COUNTY, SS- By: Its Duly Authorized Agent CITY OF SOUTH BURLINGTON Its Duly Auth r zed Agent A t ` Q� in said County, this day of 1985, personally appeared Allen Kieslich and he ack owledged the within instrument, by him signed, to be his free act and deed and free act and deed of Kieslich Development Corporation. Before me���r�� Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this j'§A-- day of a �-nh.�r > 1985> personally appeared � \\\ sd, S �•r - - V. , duly authorized agent of the City of South Burlington, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me'N.� a, Notary ch o ti �^ Notary Public Niquette, Niquette & Associates 5 East Allen Street P.O. Box I Winooski, Vt. 05404 AGREEMENT AND WAIVER AGREEMENT by and between Kieslich Development Corporation, hereinafter referred to as "Owner1t and the CITY OF SOUTH BURLINGTON, hereinafter referred to as "Municipality". W I T N E S S E T H WHEREAS, Developer has received final subdivision approval from the Municipality's Planning Commission for the construction and development of 24 residential units in a development to be known as Wellesley Grove as depicted on a final plat plan entitled "Wellesley Grove Condominiums" dated March of 1985, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the subdivision will be serviced by a private roadway or roadways as depicted on the final plat; and WHEREAS, the Municipality has approved the final subdivision application with said private roadway or roadways subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of said conditions to the effect that by granting said approval and otherwise authorizing said project, the Municipality has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair or otherwise maintain said roadway or roadways or to accept the same as public streets. NOW, THEREFORE, in consideration of the final approval of the Municipality's Planning Commission and other good and valuable consideration, it is convenanted and agreed as follows: 1. The Owner will not apply to the Municipality to have said roadway or roadways accepted as a public street without first complying with all applicable construction requirements and specifications set forth in. the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws of the Municipality, the expense of complying with siad requirements and specifications to be borne solely by the Owner, and its heirs, successors or assigns. 2. The Owner waives any rights it may have or claim by virtue of the Municipality's approval of said roadway or roadways to request the Municipality to accept the same as public streets. Niquette, Niquette & Associates 5 East Allen Street P.O. Box 1 Winooski, Vt. 05404 3. The Owner will not in the future change the location of said roadway or roadways nor extend said roadway or roadways without the prior approval of the Municipality's Planning Commission, nor shall it permit said roadway or raodways to service more than 24 dwelling units without prior approval of the Municipality's Planning Commission. 4. The Owner, for itself and its heirs, successors and assigns, hereby waives any rights it, or any of them, now have or may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadways or roadway. 5. The Owner, and its heirs, successors and assigns, shall plow, repair and maintain said roadways or roadway at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as obligating the Owner to dedicate said roadways or roadway as a public street, and, similarly, nothing contained in this agreement shall be construed as obligating the Municipality to accept any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the Municipality. 8. This agreement shall not only be binding upon the parties hereto, but also upon their respective heirs, executors, administrators, successors and assigns. Dated this day of 1985. IN THE PRESENCE OF: Niquette, Niquette & Associates 5 East Allen Street P.O. Box 1 Winooski, Vt. 05404 KIESLICH DEVELOPMENT CORPORATION By: Its Duly Authorized Agent CITY OF SOUTH BURLINGTON By: U-)......,._ , Its Duly t zed Agent h �7 in, oil jai 19MI—AT .1 a.s, rn3 f , ',r}"'i • ��.l; ,5�9 f,ad.i 3 i'f.t ^ r,wbj ;',-,' no 10 f^. d 1 ,';`lei .+ �'i 1,n q j t ir,.;tl a t;' r' YS1 }2l'.l !.: .)'• -_ }, ' y" i _ �ea} j v .. r .... _ .. wv Uhl wwl r i s V Almin Kno }2". ° fi.n'i"Y'�, x i 4 U.e }�'� � '_d +�Cfd T, �, rf,'4 :� i , .���' )';) `�� c, t _ � ,.'.{., '4 {te Fro ^s;�;r' �i' i 4.,..,• ., �� i "a'�`>x rf.aT q C. th $ 4 F.W C 1 h y fit„ r,..,,� i ' "� S, j f r1 py It ,o r 6 F �1 STATE OF VERMONT CHITTENDEN COUNTY, SS. this day of , 1985, personally appeared Allen Kieslich and he acknowledged his instrumet by him signed and sealed to be his free act and deed and that of Kieslich Development Corporation. Before mee--a / Notary Public STATE OF VERMOHNT CHITTENDEN COUNTY, SS. At South Burlington, this day of �e,r�,� 1985, personally appeared ��;1 �. r, , :�; L SU ..,, k� duly authorized agent and he acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. Niquette, Niquette & Associates 5 East Allen Street P.O. Box 1 Winooski, Vt. 05404 Beford"'meh . 1,_C0 Notary Public October 17, 1985 Allen Kieslich 184 Killarney Drive Burlington, Vermont 05401 Dear Allen: Since I spoke with you two weeks ago, I have not yet receivdd the revised legal documents depicting the correct description of the 7 foot dedication on Hinesburg Road. As I told you, the document describes a "line" rather than a 7 foot "strip". It should state in the appropriate place "on a line parallel and 7.5 feet easterly from the Hinesburg Road right-of-way". Second, sewer and water lines should be described as 20 feet in uniform width as referenced on plan, etc. Please be advised permits until this Attorney. JBL/mcp cc: Richard Wadd that we will not issue any additional building is completed to the satisfaction of the City Sincerely, Jane B. Lafleur, City Planner Kieslich Development Corporation 184 Killarney Drive Burlington ,Vt. 05401 C802>-862-8200 July 6,1985 Ms. Katherine Vose AEC Ill West St. Essex Jct ,Vt. 05401 Re : Bourdeau-Rye Properties Amendment, Permit #4CO584 Letter from City of South Burlington -July 3,1985 Name of Project Since my discussion with Jane Bechtel about a month ago we changed the name of the project on Hinesburg Rd. from Lexington Green to "Wellesley Grove" for the exact reasons outlined in her letter. We did not change the name on all the permits etc. since the name was on all the drawimgs that people had seen and felt it would confuse and delay the permit process. We apologize if this has caused any inconvenience .All our signs and advertizing will be for "Wellesley Grove". I hope this clearifies any misunderstanding and the project will receive approval.If there is any further information you require please call . Sincerely, Allen R. Kieslich cc:Jane S. Bechtel °'.1 KIESLICH DEVELOPMENT CORPORATION 184 Killarney Drive Burlington ,Vermont 05401 (802)-862-8200 July 6, 1985 Mr. Ernest P. Christianson AEC 11 West St. Essex Jct., Vermont 05401 Re: Application #4CO584-1 Your Letter of June 28, 1985 Mr. Christianson, Enclosed is the P2 plumbing print you requested.I believe this print indicates that there is the required separation in all buildings between the water and sewer lines, and shows the horizontal and entrance detail as well. We apologize for any inconvenience this omission has caused . Regarding the 1200 gpd sewer flow ,I will reserve a decision on releasing the allocation until all my approvals and financing on this application are in place. If there is any additional information you require please call. Sincerely, e��Jb4ll' 6�1 - Allen R. Kieslich cc:Jane S. Bechtel ✓ City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, WERMONT 05401 PLANNER 658-7955 July 3, 1985 Katherine Vose AEC 111 West Street Essex Junction, Vermont 05401 Re: Bourdeau-Rye Properties Amendment, Permit #4CO584 Dear Katherine: ZONING ADMINISTRATOR 658.7958 I am writing on behalf of the South Burlington Fire, Police and Planning Departments. The chosen name of "Lexington Green" for the above mentioned development is not acceptable. We already have a street of this name which could prove problemmatic, if not dangerous in providing essential city services. While we do not want to request a hearing for this purpose, the developer must change the name to one that is acceptable to the City. Sincerely, Jane S. Bechtel, City Planner JSB/mcg cc: Allen Kieslich Douglas Fitzpatrick Fire Chief James Goddette FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 87 2 July 1985 Ms. Catherine Rees Department of Water Resources Heritage I Building Montpelier, Vermont 05602 Re: Bordeau/Rye Properties (a.k.a. Lexington Green) South Burlington File: 85030 Dear Ms. Rees: On behalf of our Client, Kieslich Development Corporation, we are herewith responding to our recent discussions and the letter from Mr. Kooiker (19 June 1985) regarding the piped discharge of stormwater from the above -referenced Project. As we have explained, for the record, the City of South Burlington, during its review process, required that the Project contain a piped stormwater system; hence the system shown on our original submission. Now, to satisfy the State's water quality standards, we have modified our plans to show an infiltration trench along the entire piped storm system (267 feet), except the outfall section of pipe. In addition, we have raised the outfall pipe by one (1) foot to provide more overland flow distance before the piped discharge (if any) reaches the receiving tributary. Besides raising the outfall pipe by 1 foot, we have also added a vertical riser extension to the outlet pipe leading from the last catch basin, with a baffled inlet. This measure is intended to raise the water level in the trench to elevation 321.0 before discharge occurs, thereby fully flooding all the infiltration trench(es) and creating the greatest amount of infiltration and storage before any discharge. Our calculations show, based on a 24-inch wide and high stone envelope surrounding the 12-inch diameter perforated pipe, that there should be no discharge from the system during a 5-minute/10-year return storm. This conclusion is based on an assumed infiltration rate of 0.5 gpm/ft2 over the bottom of the trench only, and a total of 0.2 inches of runoff generated Design • Inspection • Studies • Permitting Ms. Catherine Rees -2- by the design storm. 2 July 1985 Enclosed for your review and approval are revised copies of Sheet 1 (plat/ site plan) Dwg D-1255, and Sheet 4 (typical details) Dwg D580. Also enclosed is a revised Schedule D for Discharge S/N001, as you requested; all the rest of the information submitted to you earlier remains unchanged. Should you have any questions, or need additional information, please don't hesitate to call us at your earliest convenience. Again, thanks for taking the time to resolve this situation. Sincerely yours, FITZPATRICK-` Douglas R. Fi LYN ANWPORD ick, P.E. cc: Kieslich Development Corporation Ernie Christianson Bill Szymanski Jaie Bechtel FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services vs f State of Vermont AGENCY OF ENVIIZON,�IENTAL CONSE11.VA'1'1ON Department of Fish and Game Department of Forests, Pa,ks, and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council June 28, 1985 Allen Kieslich 184 Killarney Drive Burlington, VT 05401 Departnncnt of Water Rescnirces and Environmental Engineering Essex Junction Regional Office 111 Vest Street Essex Junction, Vermont 05452 RE: Application #4CO584-1; Lexington Green 24 Units of Housing - South Burlington, Vermont Dear Mr. Kieslich: Our office has reviewed the information submitted for the above referenced project. Prior to issuing a Certification of Compliance, we ask that individual horizontal waste and water distribution plans be provided for each of the six dwelling units. The reason is that each unit is somewhat different in that the sewer and water entrances are not identical. With the horizontal plan we can better determine whether the differences in entrances will affect required isolation distances between below grade sewer and water lines as well as any affects they may have on the venting of first floor fixtures. The information we need may be on sheet P-2, but our office has not received this sheet. Regarding the decrease in sewer flows, reducing the number of units by four reduces the design flows by approximately 1,200 gallons per day. Unless you have plans on this property to construct these four units sometime in the future, I will contact the Permit Section of the Agency of Environmental Conservation of the reduction in sewage flows. Once this occurs, there is no guarantee that this 1,200 gallons per day will remain available in the future. Please note, this 1,200 gallons per day is allocated only to this particular project and cannot be allocated to a second project not connected with this application without City of South Burlington and Permit Section prior approval. Allen Kieslich June 28, 1985 Page Two Please confirm that you will not need or wish to reserve the 1,200 gallons per day for Lexington Green. Should you have any questions, please contact this office. Sincerely, Ili%t .% �%, ��i,� : J�"� 4 G'✓-' L'/"1/ ��� �"� - . Ernest P. Christianson Regional Engineer EPC/nIc CC: Katherine Vose City of So. Burlington FitzPatrick-Llewellyn, Inc. Department of Health Department of Labor & Industry City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 May 30, 1985 Douglas Fitzpatrick Fitzpatrick -Llewellyn Associates 15 Brickyard Road Essex Junction, Vermont 05452 Re: Bourdeau-Rye, 24 Unit P.U.D. Dear Doug: ZONING ADMINISTRATOR 658-7958 This letter confirms that the South Burlington Planning Commission approved - the revised Final Plat application of O'Brien Brothers/ Milot Properties for the construction of 24 units on a 4 acre parcel on Hinesburg Road. This plan is in conformance with the City's Comprehensive Plan. The City and the State allocated 8,100 gpd to this use when the original Final Plat was approved for 27 condo's and 2 existing homes. ( Application #4C0584) This revised plan for 24 units (2 bedroom units) requires 7200 gpd. There is sufficient capacity reserved for this project under the original approval. Sincerely, Jane S. Bechtel, City Planner JSB/mcg cc: William Szymanski Allen Kieslich May 17, 1985 Allen Kieslich 184 Killarney Drive Burlington, Vermont 05401 Re: Bourdeau-Rye - 24 units Dear Allen: Enclosed are the minutes from your Revised Final Plat approval. Please be sure to meet the stipulations listed in the minutes. Sincerely, Jane S. Bechtel, City Planner 1 Encl cc: Douglas Fitzpatrick Jerry Milot Daniel J. O'Brien PLANNING COMMISSION MAY 14, 1985 The South Burlington Planning Commission held a regular meeting on Tuesday, May 14, 1985 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Present Sidney Poger, Chairman; William Burgess, Mary -Barbara Maher, Judy Hurd, Peter Jacob, John Belter, John Dooley Others Present Jane Bechtel, City Planner; Rudolph Fischer, Richard Pedrick, Stewart McConaughy, Allen Kieslich, Kevin Harding, David Spitz, Frank Davis, George Stern, Michael Dugan, Doug Fitzpatrick, Walt Adams, Roger Dickenson, Mr. Thomas, Ruth Poger, The Other Paper Minutes of May _7_, 1985 The May 7, 1985 minutes were approved on a motion by Mr. Jacob, a second by Mrs. Hurd, and a unanimous vote. Revised final plat Brothers Milot Par on Hinesburg Road of Bourdeau-Rye Planned Unit Development nership for construction of 24 uni O'Brien n 4 acres. to Ms. Bechtel noted that the number of units had been reduced from 28 to 24. All setbacks are maintained, and the distance between buildings is at least 30'. The Fire Chief has no problem with the plan. Ms. Bechtel noted that the City Manager/Engineer wanted curbs in the project to protect the grass, but Mr. Belter noted that without curbs, fire trucks could get closer to the buildings if they needed to. 1.1r. Burgess came in at this time. Mr. Kieslich felt there was no engineering reason for curbing and said he would prefer not to put it in. He said it would not beaesthetic, would be expensive, would be hard to maintain in the winter, and that the fire chief did not want it. The Commission did not feel curbs were needed. Mr. Poger said a sidewalk to Hinesburg Road was needed. It can be bituminous, and should be separate from the traffic coming in. Because the entrance road was short, though, other Commission members did not feel a sidewalk was needed. Mr. Fitzpatrick said there would be a 5' berm between Hinesburg Road and these units. Mrs. Maher wanted evergreens planted on top of the berm. She wished the Commission would go on record as preferring evergreens over deciduous plantings where possible because they provide screening in the winter as well as summer. Mr. Dooley moved that the ::youth Burlin t n Planning Commission approve the revised final plat of O'Brien Br thers M' t Properties for a 24 unit plannesi unit development as depicted on plans entitled "Bourdeau-Rve Properties: Revised Final Plat" orenarPd by Fit7natrink 11 w 11vn Tnr , dated NArnh 1a13"i__ stamp dated Mav 9 1985 with the fo lowinglyiilations: 1. A sidewalk shall be constructed from the corner of Kennedy Drive to the entrance to the development A bond shall be posted prior to permit in an amount determined by the City Engineer. 2. A recreation fee of $200 per unit shall be paid prior to permit. 2. PLANNING COMMISSION MAY 14, 1985 3. A $20,000 performance bond for landscaping shall be posted prior to permit. The plan will show sufficient evergreens on the berm bordering Hinesburg Road to screen the development in the winter months. revised landscaping plan shall be submitted to the City Planner for approval within 30 days. 4. A bond for utilities shall be posted prior to permit in an amount determined by the City Engineer. 5. Snow fences shall be erected and maintained during construction around existing vegetation that is to be saved and along the CO zone 6. The drainage system shall be agreed to by the City Engineer prior to ,permit. 7. A drainage swale shall be provided behind the unit adjacent to the Georgetown condominiums. and shall be shown on the plan 8. A contribution toward the intersection improvements on Hinesburg Road Kennedy Drive shall be made prior to and in advance of the issuance of a building permit in an amount determined by the City Planner in accordance with the formula. 9. All necessary legal documents shall be filed with the City Attorney within 90 days. 10. The Final Plat shall be recorded with the City Clerk within 90 days. Upon filing, all prior approvals are null and void. 11. The final plat shall clearly state that "this plan supersedes all other plats -for this parcel." 12. Building permits must be obtained within 3 years. Mrs. Maher seconded the motion and it passed unanimously. Preliminary Plat application of John Belter for continuation of the industrial subdivision with 13 new lots at Ethan Allen Farm Mr. Belter removed himself from the discussion due to a conflict of interest. Mr. Spitz said Mr. Belter wanted to create 5 lots on the north of the road, 5 on the south, and an additional 3 lots near the intersection. These will be on a private right of way. Room has been left for a future right of way to the back land, although nothing is planned for that area now. The back line of the lots has been matched with the Berard lots. Regarding lots 19, 20 and 21, Mr. Spitz said the road to serve them was in the 100 year flood area, so they planned to raise the grade of the road out of that floodplain area. It was noted, however, that they did not plan to raise the level of Ethan Allen Drive, so this road would have to dip to make the connection to Ethan Allen. The Commission felt it would be all right to have the entrance road be the same level as Ethan Allen Drive. Mr. Spitz said that when Mr. Berard requested permission for his lots, the city had said that Ethan Allen Drive would have to be upgraded, and that Mr. Berard and Mr. Belter should contribute to the cost of improving the intersection here. It was also felt that a right turn lane for cars coming onto Ethan Allen Drive should be added. Ms. Bechtel said there were 3 items here - a 5' dedication 5/13/85 JSB MOTION OF APPROVAL That the South Burlington Planning Commission approve -the revised final plat of O'Brien Brothers/Milot Properties for a 24 unit planned unit development as depicted on plans entitled "Bourdeau-Rye Properties: Revised Final Plat" prepared by Fitzpatrick- Lewellyn, Inc., dated March 1985, stamped dated May 9, 1985 with the following stipulations: 1) A sidewalk shall be constructed from the corner of Kennedy Drive to the entrance of the development. A bond shall be posted prior to permit in an amount determined by the City Engineer. ine�eeffl"`/De ad-moonstructed_from th--_.devel meat to a,sidew�lk P2) ., 4�)Z.3-r A recreation fee of $200 per unit shall be paid prior to permit. A�- A $20,000 performance bond for landscaping shall be posted prior to permit. A revised landscaping plan shall be submitted to the City Planner for approval within 30 days. gyp` A bond for utilities shall be posted prior to permit in an amount determined by the City Engineer. fs� Snow fences shall be erected and maintained during construction ,i around existing vegetation that is to be saved and along the CO zone. �r -,?I The drainage system shall be agreed to by the City Engineer prior to permit. --71 4..-8T A drainage swale shall be provided behind the unit adjacent to l the Georgetown condominiums, and shall be shown on the plan. A contribution toward the intersection improvements on Hinesburg Road/Kennedy Drive shall be made prior to permit in an amount determined by the City Planner in accordance with the f o r mu l i ,xU) All necessary legal documents shall be filed with the City Attorney within 90 days. �y#-1"1} The Final Plat shall be recorded with the City Clerk within d 90 days. Upon filing, all prior approvals are null and void. t) The final plat shall clearly state that "this plat supercede8 all other plats for this parcel.` �3) Building permits must be obtained within 3 years. Wo A-4 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: May 14, 1985 agenda items Date: May 10, 1985 (:f�BOURDE�U-RYE, HINESBURG ROAD 1. A sidewalk should be included along access road to connect to sidewalk on Hinesburg Road. 2. Paved areas should include concrete curbs to protect landscaped areas except along the 24 foot entrance drive. 3) JOHN BELTER, 13 LOT INDUSTRIAL SUBDIVISION 1. There should be a 15' drainage easement along the east side of lot 13 to drain the low area of Ethan Allen Drive. 2. The service road to serve 19, 20 & 21 should be out or along the limits of the floor zone area. 3. The intersection of Airport_ Parkway and Shamrock Road can be improved by adding a turning lane along the south side of Air- port Parkway to accommodate right turns and movements to Ethan Allen Drive. The land should be dedicated to the City and we will construct it. 4) AGEL CORMAN FURNITURE, 518 SHELBURNE ROAD 1. Site plan should show method of handling storm water. 2. Site has no area for snow storage. 3. The islands and landscaped areas should be lined with concrete curbs. 5) K.W. VENTURES, WILLISTON ROAD 1. Very undesireable location for this type of use. Being in the runway flight path, where there had been aircraft accidents in the past, the site should be a low people volume use. 2. There may be a stream setback that should be observed. The area, including downstream has to be carefull studied because the site serves as a ponding area. No permits should be issued until a study is completed to determine the impact and such study is approved by the City. M E M O R A N D U M To: South Burlington Planning Commission From: Jane S. Bechtel, City Planner Re: May 14, 1985 agenda items Date: 5/10/85 2) BOURDEAU-RYE, HINESBURG ROAD The applicant has revised this plan to show 24 units on 4 acres. All setbacks have been maintained and the distance between buildings equals or exceeds 30 feet in all cases. The driveways are 30' wideinternally with a 24" wide entrance drive. See Bill's memo and letter from Chief Goddette. 3) JOHN BELTER, 13 LOT INDUSTRIAL SUBDIVISION John Belter proposes to subdivide a portion of his farm into 13 additional industrial lots in the Industrial -Commercial District. Ten lots (#9 - #18 are located between the Berard lots and the farm. Each one measures .96 acres. The floodplain is at the northern edge of five lots and should not obstruct construction. Lots #19, 20, 20 are located at the beginning of Ethan Allen Drive by the Airport Parkway/Shamrock Road intersection. These will be served by a 30 foot private road onto Ethan Allen Drive. Bill has suggested that the private driveway should be removed from the floodplain. i These lots are approximately 2 acres each. Ethan Allen Road must be improved. The Commission designed a formula at Mr. Berards"subdivision to assess Mr. Belter $15,000 and Mr. Berard $5,000 for the required improvements that include draining and ditching the road. A 5 foot dedication along both sides of Ethan Allen Drive is also required in order to upgrade the road to a width of 24 feet with 3 foot shoulders. The intersection at Shamrock Road and Ethan Allen Drive is poorly designed. There was no resolution of this problem at the Berard subdivision. Belters first subdivision urged resolution of this prior to further subdivision of this land. See Bill's memo. 4) DAVIS AND STERN, 512 SHELBURNE ROAD The applicant proposes to convert the Agel-Corman Furniture Store into 6 retail specialty shops (first floor) and retain the existing office space on the second floor. The property is zoned Cl. Circulation and Access: This property is part of the Farrell land. When the Outlet Mall was approved, the traffic was rerouted in this area. The curb cut is directly across from Home Avenue. The plan improves the traffic flow through this lot since it is now poorly defined and somewhat dangerous. May 10, 1985 Mr. Allen Kieslich 184 Killarney Drive Burlington, Vermont 05401 Re: 24 unit Bourdeau Rye Dear Allen: Enclosed are the agenda and a copy of my memo to the Commission. Also enclosed are Bill Szymanski's and Jim Goddette's comments. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg Encls cc: Douglas Fitzpatrick Jerry Milot Daniel O'Brien *out4 Nurltugtou ..litre Department •` '` 575 Dorset #trees *out4 Nurlington, Vermont 05491 May 9,1985 Ms. Jane Bechtel City Planner City Of So. Burlington 575 Dorset Street So. Burlington, VErmont 05401 Dear Jane, OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 Plans have been reviewed by this department on the changes to Bourdeau/Rye property from 28 units to 24. At this time I feel there would be no problems with given proper fire protection if needed. me. If you have any questions please feel free to call Sincerely James W. Goddette Sr. Chief April 26, 1985 Allen Kieslich 184 Killarney Drive Burlington, Vermont 05401 Dear Allen: Enclosed are the minutes of the Planning Commission meeting. Please call me if you have any questions. Sincerely, Jane S. Bechtel, City Planner JSB/mcg 1 Encl cc: Douglas Fitzpatrick Jerry Milot Daniel J. O'Brien PLANNING COMMISSION APRIL 23, 1985 The South Burlington Planning Commission held a regular meeting on Tuesday, April 23, 1985 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; Mary -Barbara Maher, John Belter, Peter ,Jb,cob, Judy Hurd, John Dooley, William Burgess Others Present Jane Bechtel, Planner; Ruth Poger, The Other Paper; Lowell Krassner, Ernest Levesque, Gordon Woods, Frank Cota, Allen Kieslich, Douglas Fitzpatrick, George Khouri, Walt Adams Minutes of April 16, 1985 The minutes of April 16, 1985 were approved on a motion by Mrs. Maher, a second by Mr. Belter and a unanimous vote. Revised final plat application of Milot-O'Brien properties for Bourdeau-Rye development, Hinesburg Road Ms. Bechtel said the revised plan showed a 15' setback of buildings from parcel B and street width of at least 30' in the internal courtyard. There are some areas where parking will be limited. The Commission said a sidewalk from the buildings to the road would be needed, but it could go between the buildings instead of along the entrance road. Ms. Bechtel went through the Fire Chief's memo. She said the three hydrants were in place, but that the Water Department did not feel a loop to Hinesburg Road was needed. It will not increase water pressure or fire flows. Ms. Bechtel explained that density was calculated by taking the gross acreage minus 15% for roads. She said that would allow this parcel 24 units when the gross minus 15% was multiplied by the 7 units per acre zoning in this area. This proposal shows 28 units, which is the number allowed by the Commission on the previous approval for this land. Mr. Burgess noted that those had been smaller units. Mr. Dooley pointed out that the ordinance required that CO areas be removed also, before density was calculated. Mr. Poger felt that point should be clarified when the zoning ordinance is revised, since it does not seem to have been done that way in the past. Mrs. Hurd felt the development was too dense. Mr. Fitzpatrick felt the 15% was a technical item and referred to the road right of way which would have to be given up for public streets. Mr. Kieslich felt the developers had met most of the city's concerns and all of their major concerns, in conversations with the City Manager and Fire Chief. He said they had been unable to buy parcel B. The Commission agreed that it felt the development was too dense. The buildings are very close together on the lot. Mrs. Maher felt allowing this many units would set a bad precedent for the area. She felt this plan would be just as attractive and unique with 24 units instead of 28. Mr. Jacob suggested pushing some of the buildings together and/or making the units each a little smaller. Mr. Dooley said he was concerned about unbuildable land here - the CO zone and the steep slopes. He felt this was 28 units on 3 buildable acres. Mr. Fitzpatrick felt the project was within density and coverage limits. 2. PLANNING COMMISSION APRIL 23, 1985 Mr. Jacob pointed out that if the plan were denied, the city would end up with 28 units on the land anyway, because of the previous approval. Mr. Dooley moved that the South Burlington Planning Commission deny the final PIFA of O'Brien Brothers7Milot Properties for a 28 unit planned unit evd elopatent as depicted on plans entitled "Bourdeau-Rye Properties: Revised Final PIdt" prepared y i zpatric - lewellyn, Inc., dated March 1985, stamp dated pri , f-o—r--the reason that the development exceeds the maximum density Imit established by Section 19.152 of the South Burlington 'Zoning Ordinance. Mrs. Maher seconded the motion and it carried with Mr. Jacob voting ng no. Revised final plat, University Mall Realty Trust, to construct 24,000 sq. ft. Hilson's building in phase I rather than in Phase II, and abandon existing Hilson building, Dorset Street Mr. George Khouri said the reason for wanting to put the Hilson change into Phase I was to avoid impacting the southern edge of the property more than once. He noted that that is the only area close to residential use, and construction will impact that area. He felt that if the mall could do it once and get it over with, everyone would be happier. He noted that, in order not to change the scope of Phase I, they would abandon the existing Hilson building rather than trying to rent it out between the phases. When Hilson's moves to the new building, the old one will not be re -tenanted. Mr. Khouri said they would be putting in at least pre -cast concrete curbing, not bituminous as they had originally wanted. Mr. Dooley moved that the South Burlington Planning Commission approve the revised final plat of University Mall Realty Trust for the construction of t2�e 24.Op0 sq. ft. Hilson's in Phase I in addition to Hanaford Brothers building as depicted on a set of plans entitled "University Mall Proposed Expansion, South Bu lington, Vermont" as prepared by Pinkham Engineering Associates and dated January, 1985, revised 3 25 85, with the following stipulations I. All prior stipulations are still in effect 2. The plans shall include complete utility relocation, including City, +dater District and private utilities 3. The applicant shall furnish the City detailed as -built plans showing tie points to permanent objects This shall include private utilities including electric, gas and telephone lines 4. The city, through the city engineer, reserves the right to make field changes regardless of what is shown on the plans if it is in the best interest of the city. 5. This approval expires if not acted upon within 3 years The motion was seconded by Mr. Burgess and carried unanimously. Consider site plan application of Frank Cota for construction of a 2,400 sq ft. building for commercial and residential use at 397 Patchen Road Ms. Bechtel said the Zoning Board had granted a variance allowing for the construction of this building with a residential use upstairs and commercial on the lower floor. Mrs. Maher felt it was appalling that such a variance twJ 1/12/85 JSB MOTION OF APPROVAL That the South Burl gton Planning Commission approve the revised final plat of O'Brien Brothers/Milot Properties for a 28 unit planned unit development as depicted on plans entitled "Bourdeau- Rye Properties: Revised Final Plat" prepared by Fitzpatrick -Llewellyn, Inc., dated March 1985)stamp dated April 18, 1985 with the following stipulations; 1) A bond shall be posted for the sidewalk prior to permit, in an amount determined by the City Engineer. The sidewalk shall be constructed from the corner of Kennedy Drive to the entrance of the development. 2) A recreation fee of $200 per unit shall be paid prior to permit. 3) The sewer allocation shall be 8400 gallons per day in accordance with the South Burlington Sewer Policy. 4) A $20,000 performance bond for landscaping shall be posted prior to permit. Landscaping schedule, as approved by the planner shall be shown on revised plans. 5) A bond for utilities shall be posted prior to permit in an amount determined by the City Engineer. 6) Snow fences shall be erected and maintained during construction around existing vegetation that is to be,saved and along the CO zone. 7) T" 1rd three hydrants shall be in- stalled as agreed to with the Fire Chief. 8) The drainage system shall be agreed to by the City Engineer prior to permit. 9) A drainage swale'shall be provided behind the unit adjacent to the Georgetown condominiums, and shall be shown on the plan. 10) 'A contribution toward the intersection improvements on Hinesburg Road shall be made prior to permit in an amount determined by the City Planner in accordance with the formula. 11) All necessary legal documents shall be filed with the City Attorney within 90 days. 12) The Final Plat shall be recorded with the City Clerk within 90 days. Upon filing, all prior approvals are null and void. 13) The final plat shall clearly state that "this plat supercedes all other plats for this parcel." 14) This approval expires in three years. April 19, 1985 Allen Kdeslich 184 Killarney Drive Burlington, Vermont 05402 Dear Allen: Enclosed are the agenda and the memos to the Planning Commission. Your project is first on the agenda on Tuesday, April 23, 1985. Sincerely, Jane S. Bechtel, City Planner JSB/mcg Encls cc: Douglas Fitzpatrick Daniel O'Brien Gerry Milot '5-nut4 Nurlingtnn Nire Department f 575 13nrnet street #out4 igurlington, Vermont 1154111 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863.6455 April 19,198S Mr. Sidney Poger Chairman So. Burlington City Planning Commission S7S Dorset Street So. Burlington, Vermont OS401 Dear Mr. Poger, I have meet with Mr. Allen Kieslich on the Bourdeau / Rye property trying to come up with a workable solution . The following is what we talked about; A. Install water system with 3-hydrants and having the main looped. F B. I asked for 30' between buildings and to be less than'°the end walls should have a one (1) hour separation or fire wall from the ground to the roof. C. 30' roads in fiontof buildings and would allow 24' from Hinesburg Road to the inside of the development to where the first building is constructed. I do not have any thing from Mr. Kieslich at this time saying all requierments will be done. If they are I feel we can give good protection. I still feel that too much is being allowed for the usable space because of the number of units and the size of them. If I read section 19.152 right density calculation and take out 1S% for things like roads and grass area in front there is at least 4 units toomany and that isn't looking at any o for wet area. I also feel because of parking area the radius on the circle could give us a problem if parking is allowed to get equipment set up and yet have no way of stopping it. I would like it on record that I feel in many cases the density is toogreat for the amount of usable land which leaves out proper access for emergency equipment. I am.sorry I can not attend the meeting because of another one scheduled but if it would help I am more then happy to meet to meet each member at there office during the day if it is easier. I do have a meeting scheduled for Tuesday April 30,1985 and will be out of town from May 11,85 until June 2,1985. If any one has anb questions please feel free to call me and if I am out of the office I will return your call when I get Back in. Sincerely dames W. Goddette Sr. Chief MEMORANDUM j✓ To: South Burlington Planning Commission From: Jane S. Bechtel, City Planner Re: April 23, 1985'Agenda items Date: 4/19/85 2) BOURDEAU RYE, HINESBURG ROAD The applicant has revised this plan to show the following items: a) 15 foot setback from "Parcel B b) Entrance driveway of 24 feet in width and widened to 30 feet into court yard area. Although this is aesthetically out of scale with the structures, it meets our requirements for emergency vehicle access. c) Drainage changes to meet Bill Szymanski's requirements (see memo). d) See Chief Goddette's memo regarding fire protection. The Chief does not recommend a gravelled emergency access to Georgetown since these are aften not maintained and become use- less. Mary -Barbara asked me to calculate the lot coverage of the original Bourdeau-Rye approval and this new application. Original application: Lot size Building Coverage Parking, walkway coverage Total Coverage 4 acres - 174,240 22,641 sq. ft. (13%) 23,057 (13%) 45,698 (26%) New Proposed Application: 04-. Lot Size 4 acres Building Coverage 38,976 sq. ft. (22%) W.v".a '° 's- Parking, walkway n '9Qq coverage 29,855 sq. ft. (17%) 2. Total Coverage 68,831;(39%)t This increase is due primarily to the lar er buildings and our requirements for wider driveways. s 6p-ccv k oc M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: April 23, 1985 Agenda items Date: April 19, 1985 2)( BOURDEAU-RYE ISED PLAN, DATED MARCH 1985 �1. Par p area has to be limited to the area around island otherwise any vehicle larger than a passenger car could not make the loop. 'r�cauc�t 2. Crowdingin 28 units each taking u a 30 x50 g p (15016 square feet) area, on 3 acres of usable land is too much density leaving the development with no recreational vehicle parking and only about 14 or 15 spaces scattered about for extra vehicles and guests. For the size of units planned the site should include parcel "B" C 3. There should be sidewalk along the access drive. �4. I would recommend concrete curbs to protect the landscape and grassed areas however, I agree with the Fire Chief that due to the limited parking there will be illegal parking forcing emergency vehicles upon grassed areas. Curbs would make that difficult or result in damage to equipment. ��1 3) UNIVERSITY MALL, DORSET STREET, PLANS DATED\\JANUTARY 1985 The plans include complex utility relocation -both City, Water District and private. The developer shall furnish the City detail as -built plans showing tie points to permanent objects. This shall include private utilities namely electric, gas and telephone line. The City reserves the right to make field changes regardless of what is shown on plans if it is felt it is in the best interest of the City. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 17 April 1985 Ms. Jane Bechtel City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05401 RE: Please find enclosed four (4) sets of the revised Final Plat (Site Plan) as requested in your memo of April 11, 1985 to Mr. Allen Kieslich. The modifications shown on the enclosed plan are in keeping with the directives by the Fire Chief and the City Engineer, regarding their re- quirements for an acceptable layout of this Project. Specifically, the driveway area of the Project has been widened to 30 feet of pavement. Catch basins and storm pipes have been added, and regrading to accomodate the new storm system has been done. Mr. Kieslich has met with both Mr. Goddette and Mr. Szymanski, and understands that these are the required changes for both of them to grant approval of the Site Plan. As requested by the Planning Commission, building #1 has been moved 15 feet from Parcel B to provide the required setback. Because of this, the southerly unit on building #2 has also been moved 15 feet to provide the proper clearances. We trust these revisions, as required by the City, will now enable the Commission to issue a final approval of this revised plat. If you have any questions between now and the hearing on Tuesday, please feel free to contact us. Sincerely, FITZPATR`ICK-LL Y CORPORATED Douglas R. tzPatrick, P.E. cc Allen Kieslich Gerald Milot Dan O'Brien Design • Inspection • Studies • Permitting PUBLIC REARM, SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Co Terence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 12 1985, at 7:30 P.M. to consider the following: 1) Final Plat application of Leland and Patricia Calkins for the correction of a filing error in .the residentialresubdivision of a 12.8 acre parcel into 6 lots,,located north of 2073 and 3017 Williston :Road. -__Tt-is- bounded on the west by Rest Haven Motel (Boutin) , on the north byBurlingtonInternational Airport and on the east by Ira 'fate, and-on.the.south by Williston Road. 2) Final Plat application of Peter Jacob for the sudivision of a .1.07 acre parcel into 2 lots of 25,668 square feet and 124 feet of frontage and 21,168 square feet and 100 feet of frontage, abutted by properties of Blanchette, Moreau, Ober,- Martin, Thibault and Brunelle and located at 9.0 Patchen Road. .i) Final Plat application of Ying and Josephine Liu, Highland '.Cerrace for the,.two-lot subdivision of a 15 acre parcel into 5•57cre and 10 acre parcels. Property is bounded by Abrahms, Kwon, Wessell and Htgh•land Terrace. 4) Revised Final Plat of Bordeau-Rye development for 28 residential units on Hinesburg Road. Property is bounded on the north by George- town Condominiums, on the east and south by lands of O'Brien, and on the west by Hinesburg Road. Copies of the - -- - are available for public inspection at the South Burlington -City Hall. Sidney B.,Poger Chairman, South Burlington Planning Commission PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 April 11, 1985 ZONING ADMINISTRATOR 658-7958 Allen Kieslich 184 Killarney Drive Burlington, Vermont 05402 Dear Allen: Enclosed are the minutes of the Planning Commission meeting. Please submit revised plans to me by Wednesday, rp'1 17, 1985 in order to continue this hearing on the 23rd. JSB/mcg Enc 1 cc: Douglas Fitzpatrick Daniel J. O'Brien Gerry Milot Sincerely, Jane S. Bechtel, City Planner ze)q c,� A f a 3. a PLANNING COMINISSION APRIL 9, 1985 4. The old barn shall be removed within 60 days. 5. The record copy showing dedication and any other changes shall be filed with the City Clerk within 90 days._ Mr. Jacob seconded the motion. Ifs. Bechtel noted that on the original motion a 12' strip of land for road widening requested. She had reduced that to 7' for this motion because the ordinance was calls for 141, and the city has been requesting 1/2 from each side of the road. Mr. Poger thought more had originally been requested here in order to straighten the curve. He asked Ifs. Bechtel to talk with the City Manager Engineer and with the State, and if they do not want 12', to require 7' instead. It was felt that the motion should read 12' and if the applicant has a problem with that later, he can come back to the Commission. Mr. Poger added that lots 1 and 6 should dedicate 12', since that is what was required in 1978. The motion carried unanimously. Final plat ap;:,lication of Ying and Josephine Liu for subdivision of a 15 acre ,arcel into 2 lots of 5 and 10 acres, located at 40 highland Terrace It was noted that the 'honing Board had not heard this appeal last night because they had not had a quorum, so it will have to be postponed. ,Krs. i,taher moved to extend this application until the next regularly scheduled meeting, April_2-3, 1985 at 7:30 pm at City Hall. Mrs. Hurd seconded the motion and all voted for it. _Revised final plat application of O'Brien Brothers agency, nc /Milot for the revised layout of Bordeau-Rye subdivision consisting of 28 residential units located south of Georgetown Condominiums, west of Hinesburg Road Mr. Milot said they had been asked to sell the project and he had some procedural questions. He wondered whether, if this application is denied, the existing approval would still be valid and was told it would. He also asked whether, if the approval were granted with stipulations which were unacceptable, the original would stand. Ms. Bechtel was asked to check this with the City Attorney. k1r. Poger felt that until a new plan was filed, the old one would stand, but after the filing, the old one would be void. Ifir. Kieslich said he hoped to develop the land, but he wanted to change the b.,ilding layout. He said they had not changed the exterior boundaries of the project, only the interior. The site has been designed with a small green in the middle. Traffic around this circle would be 1-way and the road would be 18' wide. There was some confusion over the status of parcel B. It was not used to calculate density. ils. Bechtel said it was a separate lot and Mrs. Maher said it sliould not be shown on the plan. It was noted that the earlier plan for this area included parcel B. The entrance road is shown at 24' wide. Every unit will have two parking spaces and there will be a lot of landscaping. Extra cars will park along the road. Mr. Poger said the Fire Chief's letter stated that 18' was not wide enough. Ms. Bechtel felt the Commission was being asked to decide about a philosophy of development here. She noted that this application was different from any they had seen before , and that the developer was asking for a waiver from the standard city requirements in order to achieve what he has proposed. a 4. i PLANNING COK14I ;SIGN APRIL 9, 1J05 irlr. Poger agreed this was a beautiful plan, but he felt the Chief' was saying that it would not be safe enough. Mrs. Hurd said everyone could be satisfied if the developer would remove one building from the plan. That would give him plenty of room. Mr. Kieslich said they showed the allowed density, but 24r. Burgess noted that that was intended to be a maximum allowed. Mr. Kieslich noted that the buildings would have vinyl siding, which would retard a fire, and that there was plenty of water availrble in the area. It was noted that the buildings are 20'+ apart, except in one case, only 15' apart. 30' is required. Mr. Kieslich said they could fire rate the sides of the building. Ar. Poger suggested that the Chief be asked to come to the next meeting to discuss this. Mr. Poger asked about the access to the Georgetown land next door and was told they had shown it on the plan and the Chief had not wanted it. Ar. Poger felt the 18' road would be all right if the Georgetown access were in. This access would allow emergency access to Georgetown and might allow the Chief to reach the brick of those units during a fire. It was rioted that one unit was shown inches from the property line with the Rye land. It was suggested that this be rectified by contacting that property owner in order to see if it would be possible to move the property line over and make parcel B smaller, or whether this developer .night buy that land. Mr. Poger felt the plan was too dense and created problems thereby with parking, building separations, pro,er setbacks , and fire protection. Mr. Dooley wanted to talk with the Chief' about the plan. Mrs. Hurd moved to continue the application for two weeks, until April 23, 1985 at City Hall at 7:30 pm. ,Irs. Maher seconded the Notion and all voted for it. Final Mat application of t�iary E. Jacob (Peter Jacob, agent) for the two lot subdivision of 1 acre parcel located at 90 Patchen itoad Mr. Jacob removed himself from the discussion due to a conflict of interest. i4r. Dooley left at this time. Yr. Jacob showed the plan. The proposed lot will have 100' of frontage and 200' depth. :sir. Brunell said lie was the next door neighbor and he objected to the plan. He felt this was a very nice, private area and he did not want a dui)lex next door to him. It was noted that this use is allowed in that area. Ar. Jacob said 'rre planned to sell the lot and he could sugge:ct to whoever bought it that it would be nice to discuss their plans with the iruriells. ,,Irs. Hurd moved that the mouth 3urlington Plannin4 Commission au,:)rove the final plat a�lication of' Mary E. Jacob, Peter Jacob aF°ent, for the 2 lot ubdivision at 90 Patchen Road as shown on a plan entitled "A SurvP.y and Subdivision of land of Peter L. Jacol;, et. al" as prepared by Property Design, ;.ortpeliFr1 Vc>rc,ont2 dated !larlclr, 1 >ith_the _follovinr, stipul_tion, I. Lae final. plat shall be recorded with the City Clerk within 90 day:. I1irs. Yaner seconded the motion and all voted aye. Other business Ms. Bechtel noted that Wednesday night there would be a continuation of the Act 250 hearing on the Dorset St. widening. She said Monday the City Council would look at the Dubois Butler Farms plan. itr. Poger said the 'Zoning Board would look at a proposal on the Garvey land on Aril 22. The meeting- was adjourned at 13:40 i,u:. ; 1114", / 4/9/85 MOTION OF APPROVAL ' / JSB That the South Burlington Planning Commission approve the revised final plat of O'Brien Brothers/Milot Properties for a 28 unit planned unit development as depicted on plans entitled "Bourdeau- Rye Properties: Revised Final Plat" prepared by Fitzpatrick -Llewellyn, Inc., stamp dated March 26, 1985 with the following stipulations: 1. A bond shall be posted for the sidewalk prior to permit, in an amount determined by the City Engineer. The sidewalk shall be construced from the corner of Kennedy Drive to the entrance of the development. 2. A recreation fee of $200 per unit shall be paid prior to permit. 3. The sewer allocation shall be 8400 gallons per day in accordance with the South Burlington Sewer Policy. 4. A $20,000 performance bond for landscaping shall be posted prior to permit. Landscaping schedule, as approved by the planner shall be shown on revised plans. 5. A bond for utilities shall be posted prior to permit in an amount determined by the City Engineer. 6. Snow fences'shall be erected and Maintained during d,.onstr.uction around existing vegetation that is to be saved and along the CO zone. 7. The manhole closest to Hinesburg Road shall be privately„ maintained and serviced by a 6 inch line. 8. The drainage system shall be agreed to by the City Engineer prior to permit. 9. A drainage swale shall be provided behind the unit adjacent to the Georgetown condominiums, and shall be shown on the plan. 10.. All necessary legal documents shall be filed with the City Attorney within 90 days. 11. This approval expires in three years. Memorandum April 9, 1985 April 5, 1985 Page 3 Agenda Items 6) BOURDEAU-RYE,`HINESBURG ROAD The applicant proposes to revise the layout of the 28 units in this development. This plan shows the removal of 1 existing structure that was part of the 28 units approved in January 24, 1984, and proposes 28 new units. Access and Circulation: The 54' foot entrance will be directly across from Country Park Apartments. The roadways will be private. All roads are 24 feet and 18 feet wide to provide the "courtyard" character. Parking: This development requires 61 spaces, (2 spaces per dwelling plus one for every 6 units for guests). The plan shows a garage space under each unit and a driveway space in front of each home. There are no other designated spaces. The applicant requests that parking and road/driveway widths be waived in order to preserve the "courtyard" character of this private development. Other: As originally stipulated, this development requires a $5600 Recreation fee, a sewer allocation of 8.14n gpd, a sidewalk from Kennedy Drive to the entrance, a performance bond for utilities and for landscaping, and snow fences around the CO Zone and existing vegetation that is to be saved. This plan shows $20,000 in landscaping equalling over $700 per unit. The Commission also stipulated that a gravelled access drive be installed to the northern property line to provide emergency access to the Georgetown project although those residents did object at the time. This plan removes that access drive. See Goddett's and Szymanski's memos regarding road width, dis- tance between buildings and parking. The differences between their concerns and the developer's goals may have to be resolved by the Commission. 7) JACOB, PATCHEN ROAD The applicant proposes to subdivide a 1.0 acre lot into 2 lots of .6 and .4 acres. One lot has a single-family home and 125 feet of frontage. It has adequate acreage and frontage to have a duplex. The second lot is also of adequate size and frontage for a duplex. In both cases, a variance would be required of the frontage requirements if a triplex was proposed. A sewer allocation of 600 gpd should be made to the vacant lot for a duplex.. M E M O R A N D U M To: South Burlington Planning Commission From: James Goddette, Fire Chief Q'�Y Re: Bourdeau Rye Date: April 5, 1985 I have reviewed these plans and have three problems: Cue 1) The 18 foot driveway is not wide enough to serve these units especially if cars are parked on the roads. Although the BOCA code allows 18 feet for access roads, (such as a service road be- hind a building) these roads serve the units directly. I recommend they be a minimum of 24 feet with gravel shoulders or 30 feet with curbs. The Commission required Dan O'Brien to have at least 24 feet on Cardinal Woods Extension and it should be re- quired here. 2) The State may allow less than 30 feet between structures if there are fire rated walls without windows. Even if they do, I do not think the Planning Commission should allow this small distance. 3) Three fire hydrants are shown as needed but the water main should be a looped system to maintain water for fire protection at all times. Memorandum Next weeks agenda items 4/5/85 Page 2 4. Inverts of manholes shall have troughs for full depth of pipe. 5. Mr. Liu has some cleanup to do at his lot on Hinesburg Road. this work includes sloping down the fill area, placing some clean material for cover and top soiling and seeding the area. 6) BOURDEAU/RYE PROP. REVISED PLAN, HINESBURG ROAD 1. Any family occupying these units with more than one vehicle will have difficulty parking the second vehicle. Guests will have to park along the entrance road or along Hinesburg Road or on the landscaped areas. 2. Site should be provided with a piped drainage system. The area is relatively flat and relying on surface runoff betwen units, which also calls for planting of trees and shrubs, will only create a large pond especially during winter months when snow will block the drainageways. 3. Sewer manholes have to be readily accessible for cleaning equipment. The manhole between units along Hinesburg Road will be impossible to get to plus landscape plans call for plantings on top of it. 4. A drainage swale shall be provided behind the unit backing up to the Georgetown Development to prevent runoff on to the Georgetown property. 5. A sidewalk should be provided along access driveto the Hines- burg Road sidewalk. 6. The access road, loops and islands should have concrete curbs. 7. I think there are to many units or the size of each unit is to large for this site resulting in inadequate parking. 8. Unit along the easterly line of parcel "B" is on property line. The required setback should be provided. 7) JACOB SUBDIVISION, 90 PATCHEN ROAD L. Layout and plan prepared by Property Design of Montpelier is acceptable. April 5, 1985 Douglas Fitzpatrick Fitzpatrick -Llewellyn Associates 15 Brickyard Road Essex Junction, Vermont 05452 Re: Revised Bourdeau-Rye Dear Doug: Enclosed are the agenda and a copy of my memo to the Planning Commission regarding the revised Final Plat for the Bourdeau- Rye project. Please be sure someone is present to represent your request on Tuesday, April 9, 1985. JSB/mcg Encls Sincerely, Jane S. Bechtel, City Planner 0 DSp 0I FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services The Kiln • 15 Brickyard Road • Essex Junction • Vermont • 05452 • (802) 878-3000 20 March 1985 Ms. Jane S. Bechtel Planner City of South Burlington 500 Dorset Street South Burlington, Vermont 05401 RE: Bordeau-Rye Properties FILE: 85030 Dear Ms. Bechtel: On behalf of our Client, we are herewith submitting a revised Final Plat regarding the above -referenced Project. Enclosed for your review are an application form and four sets of plans. The principal change from the previously -approved Final Plat is the razing of the existing structure on Parcel A. Instead of having, on Parcel A, one existing dwelling plus 27 proposed units, the revised layout now shows 28 proposed units. The units are differently configured, and the large garages have been eliminated; garages are now within the dwelling units. We understand, after our informal review with you and Mr. Goddette, that we will be on the 9 April agenda of the Planning Commission. We will have a revised landscaping plan to you in a couple of days. This should be important, as the new layout wild depend heavily on a "community" concept, with heavy screening, grassed areas, and hopefully a shielding berm along Hinesburg Road. Please call if you have any questions. Sincerely, ,IFITZPATR,ICK-LLEWELL'Yk INCORPORATED Douglas FitzPatric P.E. cc Gerry Milot Dan O'Brien Allen Kieslich DRF:amo Design • Inspection • Studies • Permitting January 27, 1984 Mrs. Katherine Vose District Environmental District 13_1 ;,X.,st Street Essex Junction, Vermont 05452 Re: L3uurdeau/fVe properties Dear Mrs. Vose: Be advised that the South Burlington approved Planning Comwission appr d a 27 unit planned unit develojxrent for the Bourdeau/Rye properties on Hinesburg Road on Tuesday, January 24, 1984. This propo.sal is in total conformance with the City's Ccnprehensive Plan. If you have any questions don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer w/mcg rya Z,�' 4/,l PLANNING COMMISSION JANUARY 24, 1984 Mr. Belter asked about the coverage on the remaining GMP lot and was told it :could still be well within the coverage limits. It was also noted that there would still be room for building expansion to the north and parking lot expansion if needed. Mrs. Maher did not feel it was a good idea to attach the 3/4 acre piece to the 4.5 acre one, because all it would be used for would be added density. She felt that small piece should be with the office building lot. Mr. Perry said it did not relate to either lot and was just excess bRggage with either. ­ fie mentioned that the city owned land next to that small piece, arid they might want to swap, or they might want to put a trail across it. Creating 3 :separate lots was mentioned, but no one wanted that. No one objected to setting off the 4.5 acre piece, and attaching the sma, of to the GMP building lot. Continue public hear•i(ng on Bourdeau/Rye property,8 unit planned unit develop- ment, Mr. Gerald Milot-and_;1r. Daniel J.-O'Brien Mr. Milot said he had met again with the fire chief and they had come to a compromise. The road width in sensitive areas has been widened to allow 30' between parked cars. Some of the buildings were shifted slightly and two areas were added with sub -base, gravel and topsoil. These will be seeded and the owners will have to maintain them. Another fire hydrant has also been added. Ars. Maher moved that the South Burlington Planning Commission approve the final plat application of Gerald Milot and Daniel J. O'Brien for a 28 unit planned unit development as depicted on a plat entitled "Bourdequ Rye Properties", Final Plat prepared by Fitzpatrick -Llewellyn, Inc., dated October 1983 with revisions dated October '83, November '83, December '83, and January 24, 1984, subject to the following stipulations: 1. That the balance of the legal documents be submitted to the City Attorney for approval prior to issuance of a building permit. 2. That a sidewalk be provided from the corner of Kennedy Drive to the entrance of the development, with the developer workin; with the City Manager regarding site improvements and cost. 3. That the recreation fee in the a:i►ount of 4200.u0 per unit be paid prior to issuance of a building permit. 4. Sewer allocation shall be 7,250 gallons per day in accordance with the sewer policy developed by the Planning Commission. 5. That a performance bond for utilities in the amount of 1;20,000 and for landscaping in the amount of 98,000 be posted prior to a request for building permits. 6. That snow fences be erected and maintained Burin€; construction around the existing vegetation that is to be saved. 7. That a graveled access drive be installed to the northerly property line to provide emergency access to Georgetown. 8. Stipulations 1, 2 and 3 of a letter dated 1124164 from the South Burlington Fire Chief to Richard Ward shall be part of these stipule►tionf;. Fr. Mona seconded the motion and all voted in favor. RECEIVED iiI-R 5 1984 �u11t11 �tiu��lil���t111t �Rirc �i'�,tFu-ttll�lllt 575 Dorset �h-cet � '_;�1uutll hIUI-HHutun, 11cruluut 115-101 OFFIGE OF JAMES W GODDF I IF. Sti CFIIEF 063 6455 January 24, 1984 Mr. Richard Ward South Burlington Planning / Zoning Administrator 575 Dorset Street South Burlington, Vermont 05401 Dera Mr. Ward, On Monday January 23,1984 I reviewed the changes Mr. Milot will be making on the Rye/Bourdeau Development. At the meeting the new plan was not finished but should be by for the meeting tonight January 24,1984. The changes are as follows; 1. All main roads at least 30 Ft wide. 2. A 3 rd. Hydrant installed 3. A area by the 4 unit 30 Ft. wide with a stone base and top soil to beable to hold up the weight of the tower truck. I still feel the design of the development is a poor one. and if that is the best which can be done I will just have to live with it. After the last meeting I left with the feeling that we must have two ways in to developments with 50 units incase on way is blocked but any thing under the 50 units we don't have to worry about fire protection. If you have any questions please feel free to call me. I do want to check the plan when completed to make sure all the changes have been added. Sincerely jImes W. Goddette Sr. Chief C Memorandum Next week's agenda items January 20, 1984 Page 2 Lot #2 will have no frontage. Access will be via the existing 24 feet private drive- way. Section 18.109 of zoning regulations will apply, a permanent easement of at least 20 feet in width is required. Green Mountain Power should reserve a right-of- way across lot #1 should the property transfer at a later date. 5) Bordeau/Rye No additional comments, as of Friday (1/20/84) no meeting between the developer and Fire Chief. Understand one will take place before Tuesday's meeting. December 14, 1983 Mr. Gerald Milot Milot Development Corporation 15 Brickyard Road Essex Junction, Vermont 05452 Dear Gerry: Be advised that due to holiday scheduling the next regular Planning Commission meting will be Tuesday, January 10, 1984 at 7:30 P.M. Please suLviit any re- vision to your application no later than January 3, 1984. If you have any questions please don't hesitate to call m. Very truly, Richard ward, Zoning Administrative officer WI/mcg f, 141- /) S. PLANNING COMMISSION DECEMBER 13, 1983 Mr. Sidel said the access road, once improved, could be blocked off in a couple of ways - with a break -away lock, or with plastic pipe across the road. Both of these suggestions are contained in Mr. Sidel's 12/6/83 letter to the Commission. He also stated that he felt one of the two associations should be responsible for maintaining the through road, that there be an agreement on that with the city, and that there be a bond posted. Mr. Sidel said the Fire Chief had told him he had no concerns about blocking the road, except for how it would be maintained. Mr. Poger read the letter from the Chief regarding this proposal, which he felt said that the Chief did not want the road blocked. Mr. Sidel said that if the plan he had put forth did not work, it could be dismantled and that would be an end to it. Mr. Poger noted that conditional approvals by,the Planning Commission had not worked out well in the past. Mr. Poger asked if anyone on the Commission wished to make a motion on this request. Hearing no one, he assumed that no one wanted to have the road closed, and was told that was correct. Continued hearing on Bourdeau-Rye property, 28 unit planned unit development, Mr. Gerald Milot and Mr. Daniel O'Brien Mr. Milot said they had met with the City Manager -Engineer and had incorporated the changes he wanted to the plans. Mr. Milot said they would put in a length of sidewalk equal to the frontage of the lot. They can start it at the corner of Kennedy Drive, if the Commission wants, but Mr. Milot asked who would build the walk to the far side of their lot if they do start at the corner. The person who builds to the south of this lot will have to start his sidewalk on the lot in question here. He also pointed out that the area near the corner needed some more fill before a sidewalk could be built on it. It was decided that the sidewalk should be in front of this lot. Mr. Milot said when he got the bid for the walk, he could take it to the City Manager, because it might make sense for the city to build the walk to the corner at the same time. Mr. Milot said Mr. O'Brien had met with the Georgetown people, who had felt that there would be no benefit to them to have an emergency access between the two properties. He said, however, that this property could provide access to the property line. That way, if Georgetown residents did decide in the future that it would benefit them,it would be possible to put in such an access. The Fire Chief's letter on this plan was discussed. He does not want to have to back his trucks out of the project if there is a fire. Mr. Milot said there was not enough room on the lot to lay out the project as the Chief' wants it. The Commission felt the Chief should come talk to them about the plan. Mr. Jacob moved to continue the public hearing on the Bourdeau-Rye property for two weeks, until December 27, 1983 at 7:30 pm at City Hall. Mr. Burgess seconded the motion and all voted for it. Consider request for one .year extension of Grandview Rr. Lyn Palin represented Grandview. He was asked the cost of the units, which are supposed to be low-cost. He said they were $43,900 with appliances and an off-peak and storage electric heating system. Mrs. Maher moved to grant the one .year extension and Mr. Jacob seconded. The motion carried unanimously. Mr. Krassner felt there had been an erosion problem on the site in past years and it was decided that Mr. Ward would look into that. Memorandum Next week's agenda items 12/9/83 Page 2 3. Should the Planning Commission agree with this request I suggest a formal agreement protecting the fact that the Indian Creek Association will keep the road clear of snow at all times. 5) Bourdeau-Rye, Milot-O'Brien 1. Application continued from November 8, 1983 meeting. 2. Major issue at that meeting being connector to Georgetown Condonimums. Understand that a meeting was held between both groups. Connector not favored by them. 3. Fire Chief expressed concerns regarding building locations (see enclosed letter) . 4. See comments of November 4, 1983 from staff. 5. No motion prepared at this time. Suggest continuation to next regular meeting. 6) Grandview Development, Mr. Lyn Palin 1. The deadline for obtaining all permits is 12/31/83 (see enclosed letter). 2. Requests for a one year extension by other developers has been accepted, see no reason not to honor on this request. 7) On November 14, 1983 the City Council met with the City Representatives to discuss pending legislation. This year amendments to Act 250 may be considered. The Council has requested input from the Planning Commission, see copy of these minutes relating to the November 14 disucssion. PLANNING COMMISSION NOVEMBER 8, 1983 The South Burlington Planning Commission held a regular meeting on Tuesday, November 8, 1983 at 7:30 pm in the Conference Room, City Hall, 575 Dorset St. Members Present Sidney Poger, Chairman; George Mona, Peter Jacob, Judy Hurd, Mary -Barbara Maher, John Belter, William Burgess Others Present Richard Ward, acting City Planner; Ralph & Claire Schell, Carol Wright, Richard & Louise Pedrick, Rose Perlis, Nathan & Sarah Abbott, Janet Moreland, Greg Kevey, Donald Bouyer, Guy Laframboise, Harold Engelman, Ruth & Stillman Copp, Larry Chetti, Ann Waterman, J. Pat Brennan, Robert Ryan, Robert Marcellino, John Hausner, Pat Burgmeier, The Other Paper Minutes of October 25, 1983 On page 1, the fourth line from the bottom, the word "maximum" should read "best". It should be recorded that Mr. William Burgess was present at the meeting. Mrs. Maher moved to approve the minutes as corrected and Mr. Belter seconded the motion, which carried unanimously. Public hearing on final plat application for Bourdeau-Rye, 27 unit multi -family housing, Hinesburg Road Mr. Ward said that the developers had requested a 1 month continuation so they could work out some problems with the placement of the structures. Mr. Poger noted that there seemed to be some residents from the adjoining Georgetown development who had come tonight to see the plans. Mr. Engelman, president of the association, expressed concern that there were an excessive number of condominium units being built on Kennedy Drive. He did not want these units to have access through the Georgetown development. Mr. Poger explained that at the last meeting an emergency access between the two areas had been discussed. This would be in the interests of the safety of both developments. If the entrance to either project was blocked and a fire occurred inside the development, the emergency access would give fire trucks a way to get in. The access would probably have a chain across it. The emergency access was the Commission's idea. A fire hydrant in the new development placed so it could provide water to the backs of some Georgetown units was also discussed at the last meeting. ,'Xs. ;Maher asked whether the developer of the Bourdeau-Rye land had contacted Georgetown residents but Mr. Engelman said there had been no contact to his Knowledge. He wa's told the developer should contact him in order to find the best place for the emergency access. NIr. Engleman asked that he be fully informed as to what was going on before any decisions were made, so Georgetown could have some input into this. 'eir. Mona requested that Yr. Ward ask the developers to show the plans to the Georgetown residents before the next meeting, so that everyone will be aware of what is happening. He told the residents that a fire truck would be the only thing that would ever cut the chain and use the access. IMrs. Maher warned the residents that the developers of the land next to them were going to be developing the land and that meant that trees would be coming down. It will be the developers' legal right to take those trees down. 2. PLANNING COMMISSION NOVEMBER 8, 1983 Mrs. Hurd moved to continue the final plat application for the Bourdeau- Rye land on Hinesburg Road, Messrs. Daniel O'Brien and Gerald Milot, until Tuesday, December 13, 1983 at City Hall at 7:30 pm. Mrs. Maher seconded the motion and all voted for it. Review of a revised parking plan at University Mall, east of Martin's Food, construction of an additional 72 spaces, Mr. Larry Chetti Mr. Chetti explained that the area was low and wet. It was originally planned to build in the area, but that is no longer planned. They will fill the area and save the one tree that exists there now. The land will then be paved for additional Martin's parking. Nothing else will change. The snow that is piled in that area in the winter will now be put on the west side of the Martin's building. There are existing; drainage basins in the area and the new lot will, drain into them. Mr. Jacob moved that the South Burlington Planning Commission grant approval for the application of University Mall, Mr. Larry Chetti, for construction of an additional parking area of 72 vehicles, located easterly of Martin's Food Store as depicted on a plan entitled "University M added parkin-- east of - Martin's" dated 10 27 83, subject to the following stipulations: 1. That the 24" existing willow tree be saved, with the installation of a tree well of an appropriate size to insure survival. 2. That the area be striped with 10' x 20' spaces as proposed. 3. Parking lot drainage shall be via the existing drainage basins on the south side of the proposed parking lot. 4. This approval expires in 6 months. Mr. Burgess seconded the motion and all voted for it. Continue discussion on proposed zoning amendments, tabled from 10/25/83 Mr. Belter removed himself from the discussion due to a conflict of interest. Mr. Jacob said some of the Commission members had made a site visit to the Country Club Estates area. The land in question used to be a gravel pit. He felt that would make a nice addition to the Country Club Estates area. It would look better if levelled out and built on. He saw no problem leaving the zoning R4, since it probably would not be possible to get that density on the site anyway, and R3 or R2 would be too different from the estates. No one on the Commission wanted to make a motion to change the zoning in the area, so it will stay as is. Mr. Belter returned to the discussion at this time. Duplexes were then discussed. It was noted that on the one hand, conversions and duplexes made sense because of rising housing costs, yet on the other hand, conversions of single family homes to duplexes had the potential to double the density of an area and change the character of the neighborhood, through changes in traffic flow and other services. Mr. Ward said conditional use approval had been discussed with the City Attorney and he had not felt that was the way to go. Design control as a restriction was a possibility, as was increasing the minimum required lot dimensions for conversions of single family homes. Duplexes being built now would be allowed on 12,000 sq. ft. lots, but conversions of single family homes to duplexes would require more area. Mr. Ward said he would talk to the City PROPERTIES INC. November 8, 1983 Richard `yard Zoning Administrator City of South Burlington South Burlington, Vermont 05401 Dear Dick: Please table the Bourdeau-Rye property application for four weeks. GCM/rb Sincerely, Gerald C. Milot 15 BRICKYARD ROAD, ESSEX JCT., VERMONT 05452 802-879-0200 fuut4 'Nurlingtnn Nire Repartment 575 Bnrnet #treet #nut4 Nurlingtnn, Vermont 05401 OFFICE OF JAMES W. GODDETTE, SR. CHIEF 863-6455 November 7,1983 Mr. Richard Ward So. Burlington Acting City Planner 575 Dorset Street So. Burlington, Vermont 05401 Dear Mr. Ward, On Friday November 4,1983 I had a meeting with Mr Roger Dickinson From Fitzpatrick-LLewwllyn Incorporated to review the problems with the Bourdeau/Rye development on Hinesburg Road. Mr. Dickinson said he would take the information back to the office to see what could be done and get back to me be for the planning meeting. On Monday November 6,1983 I recieved a call from Mr Fitzpatrick and told the developer did not want to spend any time on changes for the final hearing. This letter is to inform you that if changes are not made the fire department will not beable to give the fire protection needed. I feel we have problems in some developments now and this is the time to make corrections so not to have more. If you have any questions please feel free to call me. Sincerely ames W. Goddette Sr. Chief cc; Ms. Katherine Vose District Coordinater Environmental Commission MEMORANDUM To: South Burlington City Planning Commission From: William J. Szymanski, City Manager Re: Next week's agenda itesms Date: 11/4/83 2) Bourdeau/Rye properties, Hinesburg Road 1. There should be some sub -surface drainage to intercept parking areas. These areas are almost perfectly flat and without drains ponding will result especially during spring thaws with snow piled along the perimeter. 2. The grading around building "A" causes runoff toward the Georgetown apartments.. This area must be graded to divert runoff westerly. 3. Parking lots should have curb stops (poured concrete) to control encroachment upon grassed areas and sidewalks. 4. Entrance drive should include a sidewalk to Hinesburg Road. 5. Internal outside lighting including the Hinesburg Road entrance should be planned and included when power is installed to the units. 4) Winding Brook (Homestead Design, Inc.) 1. Reference is made to memo of 11/6/81 (copy attached) especially as it applies to curbs and sidewalks across dirveways. Sketch plan dated ll/1/83 does not take this into account. 2. The sidewalk along the north side of Winding Brook Drive at the Hinesburg Road entrance should be along the south side as original plans show. This side- walk is to be extended along the east side of Hinesburg Road to connect to the Kennedy Drive sidewalk. 3. A modified drainage plan shall be submitted. MEMORANDUM To: South Burlington Planning Commission From: Richard Ward, Zoning Administrative Officer Re: Next week's agenda items Date: 11/4/83 2) Bourdeau/Rye Properties, O'Brien and Milot Sidewalk along the frontage is still an issue. September 6, 1983 approval, stip- ulation #3, location of sidewalk to be determined by Planning Commission. Connection of this project to Georgetown an issue, Georgetown people opposed. City Engineer has concerns regarding drainage, lighting and sidewalk (see memo). Fire Chief has concerns regarding circulation patterns, travel area restricts maneuvering of fire equipment. Roger Dickinson to meet with Chief on Monday. City Attorney missing a few legal documents. (1) Condominium by-laws and articles of associates. (2) Offer- of dedication for a 7 foot strip of land for roadwidening and utility lines dedication. 3) University Mall, Dorset Street Proposed is the filling of a area easterly of Martin's Food Store. Area (158' x 200') was originally designed for another building. The parking areas . proposed will accommodate 72 vehicles. The circulation pattern is acceptable, proposed 40' travel area, with 10'x20' spaces. Additional spaces are needed, the holiday season last year created a serious parking problem. A 24" willow tree is existing and is to be saved. 4) Winding Brook Revision involves new location for building and a different building foot print. The plan indicates the installation of a storm retention pond. Details of this pond should be submitted to City Engineer for his approval. The revised plan is in two phases, first phase 36 units. Construction will start off Kennedy Drive. City Council has granted the necessary easement over the City parkland. Tem- porary access has been approved by the City in order to avoid using Sugartree Drive. Extension granted by Commission on August 11, 1983 with a stipulation that a building permit be secured by November 24, 1983 with a start of May 24, 1983. This timetable is questionable considering the fact that no legal documents have been submitted to the City Attorney. I see no reason to change any of the stipulations setforth on November 24, 1981 (see minutes). Any revised motion should refer to the revised "site plan of Winding Brook - submitted by Homestead Design, Inc., dated November 1, 1983. M E M O R A N D U M To: South Burlington Planning Convnission From: William J. Szymanski, City Manager. Re: Next week's agenda items Date: 9/l/83 1) Bourdeau-Rye Property, Hinesburg Road 1. There should be at least 5 feet distance between any paved area and property line. This is mainly to provide an area for snow storage and construction of a drainage swale to prevent runoff on to adjacent property. 2. The south-west corner of parcel "B" should be located outside of main entrance. 3. An area for boat and trailer parking should be designated. 4. A sidewalk along Hinesburg Road should be included. 5) Farrell Property, 370 Shelburne Road (Corner Proctor Avenue) 1. This property is served by the Burlington sewer system. They should be notified to see if their system can accommodate the increase in sewage discharge. 6) Ethan Allen Farm 1. Road shall include side ditches to carry runoff from intersection of Poor Farm Road northerly. 2. Watermain in private road shall be extended across entire frontag of develop- ment. 3. Builders and buyers shall be made aware of the potential noise problem. 4) Valley Ridge, (College Woods), Patchen Road 1. I have reviewed the changes for this project and find them to be acceptable. No Text No Text 'Dot!, b� ro w. �1eSc�vtc�n 7Z43 a v nth, ? w )�� .n -O"L C� o�n u Y Can�fi VkQ ` 1� �� GA r,,,vs crq-r� o"j, a--,,, is Ica �1 1 Y�1Y'cc o n t 33L,��, CIO } No Text mi --ll � �cf zcq J�m sc 6u,-t W �c� <-Jr�v��- o-f�'�"(�.��o. vcm�s [c), -- a ham we,W 151 1 ("(),In - 11 1 '6 Lc�t�- FITZPATRICK-LLEWELLYN ASSOCIATES JOB �u _=LY�_P_/?(J,F.t-ETNO. Engineering and Planning Services PREPARED BY P�KAAS:A ATE A_G�_t_-5 ____CHECKE D SUBJECT�.L.2. ,c7C �� S�i�rCQ_(,1�1.:_ _$HEET_f OF ' .i 's- hrZ) -- ----III xL 7A (40 Li a� Lo Ey�st ( IS- PARADIS & COOMBS ATTORNEYS AT LAW 34 PEARL STREET P. O. SOX 174 ESSEX JUNCTION. VERMONT 05452 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that O'BRIEN BROTHERS, AGENCY, INC., a Vermont Corporation of South Burlington, County of Chittenden and State of Vermont, and MILOT PROPERTIES, INC., a Vermont Corporation of Burlington, County of Chittenden and State of Vermont, and O'BRIEN BROTHERS, a Vermont Partnership of South Burlington, County of Chittenden and State of Vermont, and O'BRIEN MILOT, a Vermont Partnership of Burlington, County of Chittenden and State of Vermont, GRANTORS, for good and valuable consideratiot the receipt of which is hereby acknowledged, by these presents, do GIVE, GRANT, SELL, CONVEY AND CONFIRM unto KIESLICH DEVELOPMENT CORPORATIN, a Vermont Corporation, of the City of Burlington, County of Chittenden and State of Vermont, GRANTEE, and its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land, with all improvements thereon, situated on the easterly side of Hinesburg Road, so-called, being that property shown and depicted as "Parcel A" on a plan entitled: "Bourdeau/Rye Properties, Hinesburg Road, South Burlington, Vermont, revised final plat" dated March, 1985, and prepared by FitzPatrick-Llewell� Inc., of record at Map Volume _ , Page _ _ of the City of South Burlington Land Records, and more particularly described as follows: Commencing at a point in the easterly sideline of said Hinesburg Road, said point being the southwestern most corner of the property herein conveyed; and the northwestern most corner of Parcel B as depicted on the above plan; thence traveling in and along said easterly sideline a distance of 487.01 feet, more or less, to another point depicted as a calculated intersection on the above plan; thence turning to the right and traveling in and along the northern most boundary of the property herein conveyed as shown on the above plan a distance of 459.42 feet, more or less, to a point marked by an existing concrete monument; thence continuing in a straight line a distance of 186 feet, more or less, to a point as a calculated interesection as shown on the above plan; thence turning to the right and traveling in a qenerally southeasterly direction a distance of 299.74 Feet, more or lass, Lo a poil,l. marked by an existing iron pin; thence turning to the right and traveling in a straight line a distance of 156.68 feet, more or less, to a point shown as a calculated intersection on the above plan; thence turning to the right and traveling in and along a common boundary between the lot herein conveyed and said Parcel B, a distance of 148.23 feet, more or less, to another point shown as a calculated intersection; thence turning to the left and travelinc_ in and along a second common boundary between Parcels A and B, a distance of 177 feet, more or less, to the point or place of ibeginning. The property herein conveyed is subject to and has the benefit of a 40 foot access easement as shown on the above plan. This 40 foot easement is to provide access for both parcels A and B. PREPARER'S .,Y rcai.L OL. , r fV. nux 1 / 4 ­"" ""' zssex Junction, VT 05452 -'ARADIS & COOMBS ATTORNEYS AT LAW 94 PEARL STREET P. O. BOX 174 _-SSEX JUNCTION. VERMONT 05462 Also included with this conveyance is a right of way easement, 20 feet in uniform width, on and over the northern most corner of Parcel B for the purpose of repairing, replacing and maintain- ing a sewer line, as said sewer easement is depicted on the above plan. Being all and the same lands and premises as conveyed to the Grantors herein by the following four (4) Warranty Deeds: 1) Henry R. and Elizabeth R. Rye to O'Brien-Milot, A Vermont Partnership, dated May 16, 1983 and of record in Volume 188, Page 311 of said Land Records; 2) Floremond A. and Joyce E. Bourdeau to O'Brien Brothers Agency, Inc., and Milot Properties, Inc., dated October 28, 1982 and of record in Volume 184, Page 225 of said Land Records; 3) Daniel J. and Leo O'Brien to O'Brien Brothers Agency, Inc., and; Milot Properties, Inc., dated November 14, 1983 and of record in Volume 199, Page 400 of said Land Records; j 4) Also being a portion of the lands and premises conveyed to O'Brie Brothers, a Vermont Partnership, by Warranty Deed of said Rye, I dated May 16, 1983 and of record in Volume 188, Page 314 of said Land Records, this portion being the above easements only. The property herein conveyed is subject to all utility and other easements of record and may be subject to the following: a drainage easement granted by Floremond A. and Joyce E. Bourdeau dated July 5, 1979 and of record in Volume 154, Page 12 of said Land Records; and a water agreement dated November 1, 1957 and of record in Volume 34, Page 381 of said Land Records. The parcel conveyed by the above mentioned Warranty Deed from Daniel J. and Leo O'Brien is subject to Deferral Permit Number D-4-0786, and the terms and conditions therein, dated November 9, 1983 and of record at Miscellaneous Volume 201, Page 188 of said Land Records. This property is also subject to Land U record at Volume , Page _ By acceptance of this deed, the Grantee responsibility for compliance with the thereof. se Permit Number 4CO584 of of said Land Records. acknowledges sole terms and conditions The property herein conveyed is further subject to the agreements, restrictions, and covenants, granted to the City of South Burlington by the herein Grantors as more particularly set forth in the following documents: A) AGREEMENT AND WAIVER, regarding private roadways; B) IRREVOCABLE OFFER OF DEDICATION, regarding the dedication of a 7 foot strip of land, two sewer easements, and two water easements; C) A Warranty Deed regarding said 7 foot strip; D) Said sewer easements contained in one deed; and E) Said water easements contained in two separate deeds. The above municipal documents are a condition of subdivision approval by the City of South Burlington and are to be recorded in the Land Records for the City of South Burlington. By acceptance of this deed, the Grantee herein acknowledges having received a copy of said documents. PREPARER'S ADDRESS TOWNiCITY DATE OF RECORD rearl bL. , r J1J. bOx 1/4 Essex Junction, VT 05452 a•dery .. 17a'N7• -ARADIS & COOMBS ATTORNEYS AT L.AW 34 PEARL STREET P. O. BOX 174 ESSEX JUNCTION. VERMONT 05452 Reference is hereby made to the above mentioned deeds, records, plans, and documents, and the records contained therein, in further aid of this description. TO HAVE AND TO HOLD, the said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, KIESLICH DEVELOPMENT CORPORATION, its successors and assigns, to its own use and behoof forever; and we the above Grantors do for ourselves and our successors and assigns, do covenant with the said Grantee, his heirs and assigns, that until the ensealing of these presents they are the sole owners of the premises, and have good right and title to convey the same in the manner aforesa: that they are free from every encumbrance, except as mentioned above, and they hereby engage to WARRANT AND DEFEND the same again$t all lawful claims whatever. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of(2r,4u, 1985. IN THE PRESENCE OF: Qjur,--d V' � �a �Z�It O'BRIEN-MILOT, A Partnership BY: Its Duly Authorized Agent O'BRIEN DR07HERS AGENCY, IN . BY: Its Duly Author' ed Agent O'BRROTHERS, A Partnership C- � BY is Duiy,�Kuthorized Agent MILOT PRO TIES, INC BY: Its Duly Authorizel Agent DVX 1/'4 GbDCX LJU11l�L1V11, V1 VJ-2 JG STATE OF VERMONT CHITTENDEN COUNTY, SS / At �ld¢py� this a4A day of ( ..- 1985, personally appeared ��i .---.� — -- and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free apt and deed of O'Brien-Milot. Not, v-- STATE OF VERMONT CHITTENDEN COUNTY, SS At thiscv*4 day of ttl& P, 1985, personally appeared A41�ZC� %- / and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of O'BRIEN BROTHERS AGENCY, INC. Before me, Nota Pub STATE OF VERMONT CHITTENDEN COUNTY, SS ---J/ 1985, personally appeared �%�j/��'�ralid he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of O'BRIEN BROTHERS. Before me, � — otary sic STATE OF VERMONT CHITTENDEN COUNTY, SS At this day of 1985 personally appeared Al� /oz✓�l- and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of MILOT PROPERTIES, INC. Before me, Notar Publ'c 'ARADIS & COOMBS ATTORNEYS AT LAW 94 PEARL STREET P. O. BOX 174 :BSEXJUNCTION. VERMONT 08452 11 PREPARER'S ADDRESS -34 rears ter., r�V. box 1/4 """y" Essex Junction, VT 05452 ACKNOWLEDGEMENT ivwn rn TOWN/CfTV RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE RECEIVED. VERMONT LAND 1SEAtID %VLW T PLANS ACT A662558 PROPERTY TRANSFER TAX RETURN ERMONT NO. A 6 6 2 5 5 8 V MONTPEUERA VERMONTRTMENT 05602ES SELLER (TRANSFEROR) NAME(S) IN FULL • • • ' LOCATION (Such as '173 Maple St , Buffington' OR 'The Smith Farm. 00 Milt Rued. Tunbridge") It property Is located In two towns, please list both Hinesbura Road, South Burlinaton. VT 05401 If the buyers acquired less than the ent,re .nterest (Fee Simple) in the property, please state the interest acquired (such as Life Estate. Perpetual Easement etc I APPROXIMATE LAND SIZE: I ACREAGE: AND LOT slzE: FRONTAGE:6 7 0 f feet DEPTH' Please check the applicable box(es) describing existing buildings 1 ❑ NONE 3 CR HOUSE 5 ❑ BARN 7 ❑ MOBILE HOME 9 ❑ STORE 2 ❑ FACTORY 4 ❑ CAMP or VACATION HOME 6 ❑ APARTMENT NO KNITS 6 ❑ CONDOMINIUM NO UNITS 10 ❑ OTHERIEXPLAIN) F(excluchng Please check the Category wfllch best deSCrlbes the use of the property BEFORE 1 HANSFLH as shown �n the UHANU LIST BOOK ARY RESIDENCE 2 ❑TIMBERLAND 4 El GOVERNMENT USE 6 El OPEN LAND 8 El OTHER (EXPLAIN) mobile homes) LY CONSTRUCTED 3 ❑OPERATINGFARM 5 ❑COMMERCIAL 7 ❑ INDUSTRIAL 9 ❑CAMP OR VACATION upied, less than 1 yr. old) TING Please check the category which best describes the proposed use of the property AFTER TRANSFER 1 ❑ PRIMARY RESIDENCE 3 ❑ OPERATING FARM 5 ❑ COMMERCIAL 7 ❑ INDUSTRIAL 2 ❑ TIMBERLAND 4 ❑ GOVERNMENT USE 6 ❑ OPEN LAND a El OTHER (EXPLAIN( 9 ❑CAMP OR VACATION _ rr • e ► THIS SECTION MUST BE COMPLETED IF TRANSFER IS CLAIMED TO BE EXEMPT FROM PROPERTY TRANSFER TAX It such an exemption is claimed you need not complete 1tleaeONon titled -TAX.- butvou MUST COMPLETE the section titledVALUE CITE EXEMPTION and EXPLAIN: REAL PROPERTY VALUE INCLUDES the value of any notesproperty. stocks, bonds elc given to sever. and the value of any mortgages or bens assumed by the buyer 1. Ine Iranster was gift or was for nominal consideration, give the estimated fair market value of the real property transferred TOTAL PRICE PAID $ LESS PERSONAL PROPERTY $ REAL PROPERTY VALUE $ TAX PAYMENT DUE: FIVE TENTHS OF ONE PERCENT(0 005) OF THE AMOUNT SHOWN ABOVE BUT NOT LESS THAN $1 00 (FOR EXAMPLE IF THE VALUE WAS $10.000 THE TAX DUE IS $50,00. IF THE VALUE WAS $100 . THE TAX DUE IS $t 00) AMOUNT DUE please explain Make checks payable to VERMONT DEPARTMENT OF TAXES If there were circumstances in the Transfer which suggest that the price paid tot the property was either snore or less than Its fair market value DATE SELLER ACQUIRED- 1 U/ 0 6 — 11/ 0 ,) IF BY GIFT. DATE DONOR ORIGINALLY ACQUIRED IF A VERMONT LAND GAINS TAX RETURN IS BEING FILED. CHECK HERE ❑ IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED. INDICATE REASON BELOW (MUST BE ONE Or REASONS GIVEN IN INSTRUCTIONS) ' If purchaser's principal residence exemption is claimed and purchaser fails to comply with exemption requirements, purchaser will be liable for full amount of Land Gains Tax. CERTIFICATE PURSUANT TO 32 V.S.A. §9606 (c) FOR SUBDIVISION REGULATIONS (18 V.S.A. §1218 et seq.) This transfer is in compliance with the Subdivision Regulations of the Agency of Environmental Conservation and any permits issued thereunder. If this property has ever received a permit, specify the permit AC0584 . Permits must be obtained PRIOR TO TRANSFER. If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circumstances for exemption # _ _ ____ CERTIFICATE — Pursuant to 32 V.S.A. §9606 (e) we hereby swear and affirm that we have investigated and have disclosed to each party involved in this transfer all of our knowledge regarding FLOOD REGULATIONS, if any, which affect the site hereinbefore described. We hereby swear and affirm that this return and abovq certificates are true, correct and complete to the best of our knowledge as required by 32 V.S.A. §9606 (b� (c) and (Ii Willful falsification 0000 statemWt contained herein may result in a fine of not more than $1000. SELLER(S) SIGNATURE(S) TE AS TO BOTH CERTIFICATES _ e,,i O'Brien Brothers Agency, lot Properties, Inc. Y yIS1. I ATURE Allen R. Kieslich DATE CERTIFICATE PURSUANT TO 32 V.S.A. §9608 FOR VeRMONT'S LAND USE AND DEVELOPMENT LAW - ACT 250 - (10 V.S.A. §6001 et seq.) This conveyance of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151 (Act 250), Vermont's Land Use and Development Law and any permits issued thereunder. If this property has ever received an Act 250 permit, please specify the permit # _ If exempt, specify which numbered item from the instructions applies or, on a separate sheet, explain other circumstances. IIWe [the Seller(s)] hereby swear and affirm that this certificate is true and complete to the best of my/our knowledge as required by 32 V.S.A. §9608. Knowi ication of any state t contained herein is punishable by a fine of not mo an $500 or imprisonment for not more than one year. if IGNATU • DATE SELLERS) SI URE(S) DATE O'Brien Srothers O'Brien-Milot , PREPARER'SSIGNATURE � PREPARED BY ParadlS, Coombs & Fitzpatrick Box 174 (PRINTORTYPE) Essex Junction, VT 05452 PREPARER'SADDRESS 34 Pearl St., P.M. ACKNOWLEDGEMENT TOWN K TOWN/CITY RETURN RECEIVED TAX PAID, BOARD OF HEALTH CERTIFICATE LDATE OF RECORD RECEIVED. VERMONT LAND VSWNA QAVUDpL*AjT PLANS ACT IRREVOCAI:,'i.E OFFER OF DEDICATION AGREEMENT by and between O'Brien Brothers Agency, Inc., a (Vermont corporation with principal place of business in South (I Burlington, County of Chittenden, and State of Vermont, and Milot Properties, Inc., a Vermont corporation with principal place of business at Essex Junction in the County of Chittenden, and State �of Vermont, hereinafter referred to as "Owner" and the City of South Burlington, Vermont, hereinafter referred to as "Municipality' W I T N E S S E T H WHEREAS, the Municipality's Planning Commission has approved the final subdivision plat entitled "Bourdeau/Rye Properties" (dated October 1983 and prepared by FitzPatrick-Llewellyn, Inc.; and j WHEREAS, the final approval of the Planning Commission contains conditions that: (a) Owner dedicate for conveyance a seven foot (7') strip of land along the westernmost boundary of Owner's property adjacent to Hinesburg Road, on the condition that such conveyance 'will take place only in the event that Hinesburg Road is widened; (b) Owner convey two sewer easements to Municipality as depicted on the above plat; (c) Owner convey two water easements to Municipality as depicted on the above plat; and WHEREAS, the above described lands and/or interest therein are Ito be dedicated to '_Municipality free and clear of all encumbrances, pursuant to said final approval and final plat; and WHEREAS, the Owner has delivered to Municipality appropriate deeds of conveyance for the above described lands and/or interest (therein. 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 the 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. 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. The Municipality may accept all dedicated items together or may accept any one or more at separate times. DATED this day of 198 IN THE PRESENCE OF: O'BRIEN BROTHERS AGENCY, INC. BY: its Duly Authorized Agent 1---� -2` DATED this day of , 198 IN THE PRESENCE OF: MILOT PROPERTIES, INC. BY: Its Duly Authorized Agent DATED this day of , 198 / IN THE PRESENCE: CITY OF SOUTH BURLINGTON BY: Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, S.S. At , in said County, this day of! 1983, personally appeared and he acknowledged the within instrument, by him signed, to be his free act and deed, and the free act and deed of O'Brien Brothers Agency, Inc. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, S.S. At in said County, this day of , 198, personally appeared Gerald C. Milot, and he acknowledged the within instrument, by him signed, to be his free act and deed, and the free act and deed of Milot Properties, Inc. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, S.S. At South Burlington, in said County, this day of , 198 , personally appeared . , and he acknowledged the within instrument, by him signed, to be his free act and deed, and the free act of deed of the City of South Burlington. Before me Notary Public i AGREEMENT AND WAIVER AGREEMENT by and between O'Brien Brothers Agency, Inc., a Vermont corporation with principal place of business in South Burlington, County of Chittenden, and State of Vermont, and Milot i Properties, Inc., a Vermont corporation with principal place of business at Essex Junction in the County of Chittenden, and State of Vermont, hereinafter referred to as "Owner" and the City of South Burlington, Vermont, hereinafter referred to as "Municipality". - W I T N E S S E T H WHEREAS, Developer has received final subdivision approval from the Municipality's Planning Commission for the construction and development of 27 proposed and 2 existing residential units in a development to be known as as depicted on a final plat plan entitled, "Bourdeau/Rye Properties", dated October 1983, and prepared by FitzPatrick-Llewellyn, Inc.; and WHEREAS, the subdivision will be serviced by a private roadway or roadways as depicted on the final plat; and WHEREAS, the Municipality has approved the final subdivision application with said private roadway or roadways subject to certain conditions; and I WHEREAS, the parties desire to record a confirmation of said i conditions to the effect that by granting said approval and other- wise authorizing said project, the Municipality has not assumed, i but rather has specifically disavowed any intention or obligation to plow, repair or otherwise maintain said roadway or roadways or to accept the same as public streets. NOW, THEREFORE, in consideration of the final approval of the! Municipality's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner will not apply to the Municipality to have said' roadway or roadways accepted as:a public street without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and by-laws; of the Municipality, the expense of complying with said require- ments and specifications to be borne solely by the Owner, and its heirs, successors or assigns. 2. The Owner waives any rights it may have or claim by virtue of the Municipality's approval of said roadway or roadways to request the Municipality to accept the same as public streets. 3. The Owner will not in the future change the location of said roadway or roadways nor extend said roadway or roadways without the prior approval of the Municipality's Planning Commission, nor shall it permit said roadway or roadways to service more than 29 dwelling units without prior approval of the! Municipality's Planning Commission. 4. The Owner, for itself and its heirs, successors and assigns, hereby waives any rights it, or any of them, now have or' i may hereafter acquire to seek plowing, repair or maintenance from the City with regard to said roadway or roadways. 5. The Owner, and its heirs, successors and assigns, shall plow, repair and maintain said roadways or roadway at their own expense and keep the same in good order and repair. 6. Nothing contained in this agreement shall be construed as: obligating the Owner to dedicate said roadway or roadways as a public street, and, similarly, nothing contained in this agreement; i shall be construed as obligating the Municipality to accept,any such proffered dedication. 7. This agreement may only be amended or revoked upon written consent and approval by the Municipality. 8. This agreement shall not only be binding upon the parties. hereto, but also upon their respective heirs, executors, administrators, successors and assigns. DATED this day of , 198 IN THE PRESENCE OF: O'BRIEN BROTHERS AGENCY, INC. By: Its Duly Authorized Agent MILOT PROPERTIES, INC. By. Its Duly Authorized Agent CITY OF SOUTH BURLINGTON LISM Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, S.S. At , this day of 198 , personally appeared and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of O'Brien Brothers Agency, Inc. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, S.B. At , this day of 198 , personally appeared Gerald C. Milot and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of Milot Properties, Inc. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, S.S. At South Burlington, this day of , 198_, personally appeared and he acknowledged this instrument by him signed and sealed to be his free act and deed, and the free act and deed of the City of South Burlington. Before me Notary Public 6EWER EASEP,4ENT KNOW ALL MEN BY T11ESE PRESENTS, that O'Brien Brothers, a Vermont partner- ship of South Bw-lington in the County of Chittenden and State of Vermont, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents do GIVE, GRANT, SELL, OONVEY and CONFIRM unto O'BrianMilot, a Vermont partnership of Essex Junction, in the County of Chittenden and State of Vermont, Grantee, and its successors and assigns, a sewer easement in perpetuity, twenty feet (201) in uniform width, for the purpose of installing, repairing, maintaining, restoring and/or replacing sewer lines, together with all appurtenances thereto, on, under and through the following property: Being a strip of land twenty feet (201) in uniform width, the centerline of which is an six inch (6") or larger sewer line as depicted on a final subdivision plat entitled, "Bourdeau/Rye Properties, dated , 198 , prepared by Fitzpatrick -Llewellyn, Inc., and recorded in Map Volume , at Page , of the City of South Burlington Land Records, this easement is identified thereon as a private sewer easement. The right of way easement herein conveyed proceeds in a ,'generally southeasterly direction and traverses the north - westernmost corner of Parcel "B" as depicted on the above plan. Being a portion of the lands and premises conveyed to the Grantor herein by Warranty Deed of Floremond A. Bourdeau and Joyce E. Bourdeau, dated May 16, 1983, and recorded in Volume , Page , of the City of South Burlington Land Records. Reference is hereby made to the above mentioned deeds, records, and plan, and to the deeds, records and plans contained therein in further aid of this description. Grantors, its heirs, successors and assigns, shall have the right to make use of the surface of the land subject to these right of way easements such as shall not be inconsistent with the use of these easements by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easements which shall prevent or interefere with the Grantees ability to exercise its rights granted hereunder. The Grantees, for themselves, their successors and assigns, agree that any premises affected by its entry pursuant, to these right of way easements shall be restored to its condition prior to such entry at its own cost and within a reasonable time. These right of way easements shall act as a bill of sale and does hereby convey the pipelines and appurtenances located on, under or through the easements herein conveyed. TO HAVE AND TO HOLD said granted prmises, with all the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with Grantee, 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 the manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE; and it hereby engages to WARRANTY AND DEFIND the same against all lawful claims whatever. DATED at Vermont, this day of 1983. IN THE PRESENCE OF: O'BRIL:IV M7I7iiIIRS By: Duly Authorized Agent STATE OF VERMONT CHITI'EIVDEN COUNTY, S.S. At , in said County, this day of 1983, personally appeared and he acknowledged the within instrument by him signed, to be his free act and deed and the free act and deed of O'Brien Brothers. Before me Notary Public r - E6VER EASEMENT KNOW ALL MEN BY THESE PRESENTS, that O'Brien Brothers Agency, Inc., a (Vermont corporation of South Burlington in the County of Chittenden and State lof Vermont, and Milot Properties, Inc., a Vermont corporation of Essex Junction,! lin the County of Chittenden and State of Vermont, Grantors, for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents, do GIVE, GRANT, SELL, CONVEY and CONFIRM unto THE CITY OF SOUTH �BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont, Grantee, and its successors and assigns, two sewer easements in perpetuity, twenty feet (201) in uniform width, for the purpose of installing, I repairing, maintaining, restoring and/or replacing sewer lines, together with j ,all appurtenances thereto, on, under and through the following property: i Being a strip of land, twenty feet (201) in uniform width, the centerline of which is an eight inch (811) or larger sewer line as depicted on a final subdividion plat entitled, "Bourdeau/Rye Properties, dated , 198, prepared by Fitzpatrick -Llewellyn, Inc., and recorded in Map Volume , at Page , of the City of South Burlington Land Records, this easement is identified thereon as municipal sewer easement. The right of way easement herein conveyed proceeds in a generally easterly direction from the easterly sideline of Hinesburg Road and extends to ten feet (10') past a proposed sanitary sewer manhole, said proposed sewer to service `Building A" and "House" as depicted on said plat. Also conveyed herewith is a second like sewer easement more particularly described as follows: Being a strip of land, twenty feeet (20') in uniform width, the centerline of which is an eight inch (8") or larger sewer line as depicted on a final subdivision plat entitled, "Bourdeau/Rye Properties," dated , 198 , prepared by Fitzpatrick -Llewellyn, Inc., and recorded in Map Volume , at Page , of the City of South Burlington Land Records; this easement is identified thereon as municipal sewer easement. The right of way easement herein conveyed proceeds in a generally southeasterly direction from the easterly sideline of Hinesburg Road and extends ten feet (101) beyond a proposed sanitary sewer manhole, said sewer line servicing "Building B", "Building C", "Building D", and another "House", all as depicted on said plat. The service lines to the above mentioned buildings, regarding both ease- ments, are not included in this grant. The ownership and maintenance thereof shall be the responsibility of the Grantors herein, their successors and assi forever, and shall run with the land. Being -a portion of the lands and premises conveyed to -the Grantors herein by Warranty Deed of Floremond A. Bourdeau and Joyce E. Bourdeau, dated October 28, 1982, and recorded at Volume 184, Page 225, of the City of South Burlington Land Records. Reference is hereby made to the above mentioned deeds, records, and plan, and to the deeds, records and plans contained therein in further aid of this description. -2- Grantors, their heirs, successors and assigns, shall have the right to make use of the surface of the land subject to these right of way easements such as shall not be inconsistent with the use of these easements by the within �Grantee, but specifically shall place no structures, landscaping or other iniprovements within said right of way easements which shall prevent or inter- fere with the the Grantees ability to exercise its rights granted hereunder. The Grantee, for itself, its successors and assigns, agree that any premises affected by its entry pursuant to these right of way easements shall be restored to its condition prior to such entry at its own cost and within a reasonable time. These right of way easements shall act as a bill of sale and does hereby (convey the pipelines and appurtenances located on, under and through the ease- ments herein conveyed. j TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantee, its successors and assigns, to its own !use and behoof forever; and the Grantors, for themselves and their successors land assigns, do covenant with Grantee, its successors and assigns, that until the ensealing of these presents they are the sole owners of the premises and have good right and title to convey the same in the manner aforesaid, that it is FREE FR0M EVERY ENCUMBRANCE; and it hereby engages to WARRANT AND DEFEND Ithe same against all lawful claims whatever. DATED at , Vermont, this day of 198 IN THE PRESENCE OF: O'BRIEN BROTBERS AGENCY, INC. Duly Authorized Agent DATED at , Vermont, this day of , 198 IN THE PRESENCE OF: MILOT PROPERTIES, INC. By: Duly Authorized Agent STATE OF VERMONT CHIT ENDEN COUNTY, S.S. At , in said County, this day of 1983, personally appeared , and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of O'Brien Brothers Agency, Inc. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, S.S. At , in said County, this day of 1983, personally appeared , and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of Milot Properties, Inc. Before me Notary Public WATER EASEMENT KNOW ALL MEN BY 11TESE PRESENTS, that O'Brien Brothers, a Vermont partner- ship of South Burlington in the County of Chittenden and State of Vermont, Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents, do GIVE, GRANT, SELL, CONVEY and CONFIRM unto THE CITY OF SOUTH BURLINGTON, a Vermont municipality situated in the County of Chittenden, State of Vermont, Grantee, and its successors and assigns, one wat, easement in perpetuity, twenty feet (20') in uniform width, for the purpose of installing, repairing, maintaining, restoring and/or replacing water lines, together with all appurtenances thereto, on, under and through the following property: Being a strip of land, twenty feet (20') in uniform width, the centerline of which is an eight inch (8") or larger water line as depicted on af.inal. subdivision plat entitled, "Bourdeau/Rye Properties," dated , 198, prepared by FitzPatrick-Llewellyn, Inc., and recorded in Map Volume , at Page , of the City of South Burlington Land Records, this easement is identified thereon as a municipal water easement. The right of way easement herein conveyed proceeds in a generally easterly direction from the easterly sideline of Hinesburg Road and extends to ten feet (101) past the end -'of said water line as depicted on the above mentioned plan. This easement also includes the ten foot square area around the two water line/gate valve/hydrants as depicted on the above plan. The service lines from said water line, servicing the buildings depicted on the above plan, are not included in this easement. The ownership and maintenance thereof shall be the responsibility of the Grantors herein, their successors and assigns forever, and shall run with the land. Being a portion of the lands and premises conveyed to the Grantor herein by Warranty Deed of Floremond A. Bourdeau and Joyce E. Bourdeau, dated May 16, 1983, and recorded at Volume , Page , of the City of South Burlington Land Records. Reference is hereby made to the above mentioned deeds, records, and plan, and to the deeds, records and plans contained therein in further aid of this description. Grantor, its heirs, successors and assigns, shall have the right to make use of the surface of the land subject to this right of way easement such as shall not be inconsistent with the use of this easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said right of way easements which shall prevent or interfere with the Grantees ability to exercise its rights granted hereunder. The Grantee, for itself, its successors and assigns, agree that any Premises affected by its entry pursuant to these right of way easements shall be restored to its condition prior to such entry at its own cost and within a reasonable time. These right of way easements shall act as a bill of sale and does hereby convey the pipelines and appurtenances located on, under and through the ease- ments herein conveyed. TO HAVE AND TO HOLD said granted premises, with all privileges and appurtenances thereto, to the Grantee, its successors and assigns, to its own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with Grantee, its successors and assigns, that until _2_ the ensealing of these presents they are the sole owners of the premises and have good right and title to convey the same in the manner aforesaid, that it is FREE FROM EVERY ENCUMBRANCE: and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatever. DATED at , Vermont, this day of , 1983. IN THE PRESENCE OF: BY: Duly Authorized Agent STATE OF VERMONT CHI TTENDEN COUNTY, S.S. At , in said County, this day of 1983, personally appeared and he aclmowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of O'Brien Brothers. Before me Notary Public v EASEMENT ! KNOW ALL MEN BY THESE PRESENTS, that O'Brien Brothers, a Vermont partner- ship of South Burlington in the County of Chittenden and State of Vermont, !Grantor, for good and valuable consideration, the receipt of which is hereby !;acknowledged, by these presents do GIVE, GRANT, SELL, CONVEY and CONFIRM unto !I O'Brien Brothers Agency, Inc., a Vermont corporation of South Burlington in the 11County of Chittenden and State of Vermont, and Milot Properties, Inc., a Vermont corporation of Essex Junction, in the County of Chittenden and State of Vermont, Grantees, and its successors and assigns, an easement in perpetuity, 'forty feet (401) in uniform width, for pedestrian and motor vehicle access, together with all appurtenances thereto, on, over and through the following jproperty: Being a strip of land, forty feet (401) in uniform width, the centerline of which is the centerline of a proposed driveway as depicted on a final subdivision plan entitled, "Bourdeau/Rye Properties, dated , 198 , prepared by Fitzpatrick -Llewellyn, Inc., and recorded in Map Volume , at Page , of the City of South Burlington Land Records. This easement is identified thereon as an access easement. The right of way easement herein conveyed proceeds in a generally easterly direction from the easterly sideline of Hinesburg Road, is directly opposite the entrance to Country Park Apartments, as depicted on the above plan, and extends a distance of ninety feet (90'), more or less. Being a potion of the lands and premises conveyed to the Grantor herein by, Warranty Deed of Floremond A. Bourdeau and Joyce E. Bourdeau, dated May 16, 1983, and recorded at Volume Page of the City of South Burlington Land Records. Reference is hereby made to the above mentioned deeds, records, and plan, and to the deeds, records and plan contained therein in further aid of this description. This is one of two easements, of even date herewith, executed for the purpose of providing Parcels A and B, as depicted on the above plan, access to the above mentioned driveway. Maintenance of this easement shall be shared jointly by the owners of said Parcels A and B. Grantor, its heirs, successors and assigns, shall have the right to make use of the surface of the land subject to these right of way easements such as shall not be inconsistent with the use of these easements by the within Grantees, but specifically shall place no structures, landscaping or other improvements I Within said right of way easements which shall prevent or interfere with the Grantees ability to exercise its rights granted hereunder. The Grantees, for themselves, their successors and assigns, agree that anyj premises affected by its entry pursuant to these right of way easements shall be restored to its condition prior to such entry at its own cost and within a reasonable time. These right of way easements shall act as a bill of sale and does hereby convey the pipelines and appurtenances located on, under or through the easements herein conveyed. -2- TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantees, their successors and assigns, to their own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with Grantees, their 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 the manner aforesaid, that it is FREE FROM EVERY ENMIBRANCE: and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever. DATED at , Vermont, this day of , 198 IN THE PRESENCE OF: O'BRIEN BROTHERS BY: Duly Authorized Agent STATE OF VERUNT CHITTENDEN COUNTY, S.S. At , in said County, this day of 1983, personally appeared and he acknowledged the within instrument by him signed, to be his free act and deed and the free act and deed of O'Brien Brothers. Before me Notary Public IN 10 I None 1 40% 1 80% SECTION 506.O AREA EXCEPTIONS 506.1 General: The provisions of this section shall modify the area limits of Table 505 as herein specified. 506.2 Stre frontage increase: When building or structure has more than 25 percent o the building perimeter fronting on a street 'or other unoccupied space not, less than 30 feet (9144 mm) in width accessible from a street by a posted fire lane not less than 18feet (5486 mm) in width, the tabularareas may be increased 2 percent for each l percent of such excess frontage. 506.3 Automatic fire suppression system: When a building of other than Use Group H is equipped with an approved automatic fire suppression system, the tabular areas maybe increased by 200 percent for one story buildings and 100 percent for buildings more than one story in height. 506.4 School buildings: When every classroom of a one story school building of Use Group A4 has at least one door opening directly to the exterior of the building, the tabular area of Table 505 may be increased 200 percent. Not less than one half of the required exits from any assembly room included in such buildings shall also open directly to the exterior of the building. 506.5 Type 1 construction: Buildings of Type I construction permitted to be of unlimited tabular heights and areas in Table 505 are not subject to the special requirements that allow increased heights and areas for other types of construction. �I SECTION 507.0 UNLIMITED AREAS 507.1 One story buildings: In other than Type 4 construction, the area of all buildings of Use Group A-3, B, F, M and S not including high hazard uses, which do not exceed one story or 85 feet (25908 mm) in height shall not be limited provided the exit facilities comply with the provisions of Article 8, an automatic fire suppression system is provided complying with the provisions of Section 1702.0 and the building is isolated as specified in Section 507.2. A fire suppression system shall not be required for buildings of Type 2 or Type 3A construction used exclusively forstoraee of no... - A = Anpl icant p W Cm T = Town z t� TPC = Town Plannin-g Co7itrnission Q RPC = Regional Planning Coj,-mi ssion }� rn t� AEC = Agency of Environmental Conservation ' { :1= � H C = District Env ironinenta 1 Co�toni ss i on DOCL''-"E;d X = Page 2 NATURE Or F-'HIBIT _ DATE 25*6/25/84 Sta re: traffic, letter by J. Hoag, Utilities Engineer, Vermont Agency of Transportation 2/27/84 i 26 A sewage flows, letter by R. Dickenson, Fitzpatrick -Llewellyn, Inc. 6/11/84 r 271 T sewage flows, letter by W. Szymanski, South Burlington City Manager r` 6/5/84 28i Ftatej archeology, letter by E. Gilbertson, Director/Deputy State Historic 29 It AEC 30 itA 31 It AEC Preservation Officer 5/10/84 Certification of Compliance by E. Christianson, District Administrator 6/22/84 Declaration of Bourdeau/Rye Condominium and Bylaws undated State sewer flows approval signed by V. Little ' rev. 6/15/84 Y.0 u,&A r i_cLA_A 111\8A u.. 1 >.0 .�... .... ....., ... v•., hestgr Ave.. Burlington, VT 05402-0070 063-7335 1 r• u L am' `' B�C'i 10LOGICAL 0 MINATIM . �I i 11 O PIBLIC WATER SIrPPLY B- 7675 B- 7675 NAME AND ADDRESS ender CHAMPLAIN WATER DIST. 92 Health Officer 403 QUEEN CITY PARK 8 BURLINGTON VT 05401 i 1D ,Town Vater System Nalme Sample Location amp:.ler Naas 5!►mpler Titlb: Cj Health Officerr 0 Health Dept.- IR Ope ater ❑ Other , 490 So OF SAIPLE TYPE OF SAMPLE FIELD DATA LLECTiOK DATA �ompl°i, C] source c?�eck:-sAxpl [)gdistribution chlor ne residual: �; date /� f 5 -0,other jam! thor 2a/1 free C1 Qallov-up ) mg/1 total Cl time �7,w i, A. P. not:(3chinrinated p measure m aris Chain of Custody date name sample collected sample sealed satinla received _ seal intact aample analyzed INSTRUCTIONS FOR COLLECTING SAMPLE 1. DO NOT TOUCH THE MOUTH OF THE BOTTLE WITH FINGERS. 2. DO NOT RINSE THE HOTTL91 The uhite.powd.er is a necessary preservative. 3. Collect water sample from a tap only: do not immerse in a reservoir. 4. Usa a clean top with strainers removed. Leaking taps which permit water to flow over the outside should not be used. i S. Let cold water run for 3-5 minutes at full flow before taking sample. 6. Reduce the flow and fill the bottle to within one inch from the top. Do not allow it to overflow. 7. Tighten the screw cAp firmly to prevent leakage and return the bottle and . this fore to the mailer for return to the laboratory. 8r Rag eater, such as untreated laka. stream or pond water. will NOT be tested. BAIL OR DELIVER PROOTLY1 SAMPLE MUST BE RECEIVED DURING BUSINESS HOURS FT THE LABORATORT WITHIN 30 HOURS CF SAMPLING. ALL INFORMATION REQUESTED ABOVE MUST BE SUPPLIED FOR TOUR SAKPI.0 TO FE ANALYZED. LABORATORY RESULTS Cl Colifors bacteria found. r Z/100 ml water ❑ Other bacteria found Too numerous to count (TNTC) ❑ Confluent growth (CFG) ::,-Coliform presento at learnt _/100 ml of water ❑ Confirmed, 4POS Please resample and mark request as: Cl follow-up ❑ compliance Sar�p;e riot analyzed; beczvues ❑ broker `,in..traneit D too 'ow ta', tsot 13 nn rnht'o�ti'nn' Afd ❑ insufficient sampl :laboratory ecciden Q improper sampling M. Laboratory comment: 100 al water NEC cite reported p:3 Analyut Laboratory Director Ft - J - GOLTC�hI '—_(DMF='Ak.h1Y P.O. Box 384 Shelburne, Vermont 054,02 985-2116 W^-FE=—Ft M^ I M TEST FtEPiDFc-F OWNER'S NAME: csL I c W PROJECT NAME: Atl r _ OWNER'S ADDRESS:--- PROJECT LOCATION: .7I9'i %r,*"' �'/ ENGINEER'S NAME: ENGINEER'S FIRM: ENGINEER'S ADDRESS: DATE OF TEST: _ ---7— PERSONS PRESENT FOR TEST ENGINEER'S ACCEPTANCE OF THIS REPORT: NNNNIV--------NN/VNNNNNNNNN NNNNNN NivNNNNN N NN N.y -,,,,,,,,,,,,---------------------------- SPECIFIC LOCATION STREET: EGG Rr- //6 PIPE INFORMATION FROM STATION : TO STATION: -- PIPE SIZE: G -4 / PIPE TYPE: TEST INFORMATION LENGTH:�� START FINISH TIME: f'.50 / o; so EQUALS >> HOURS MINUTES PRESSURE: l�o _PSI /.So PSI EQUALS » D PSI CHANGE TEST RESULTS PASSED FAILED TESTER / �SRoJI �SdsT �. INSPECTOR NNNNNNNNNNNNNNNNNNNNNNNN NN NNNNNNNNNNNNNN �o�f erK/yv� ---------N------ti SPECIFIC LOCATION .r�����tititi �. STREET: PIPE INFORMATION FROM STATION: TO STATION: PIPE SIZE: i PIPE TYPE: TEST INFORMATION LENGTH: START FINISH TIME: EQUALS >> PRESSURE: PSI PSI EQUALS >> HOURS MINUTES ----PSI TEST RESULTS CHANGE PASSED FAILED TESTER INSPECTOR Date RALPH B. GOODRICH, INC. Pipe Air Test Report Job Name/# rr�,; /fG, --- City/Town_ Contractor `_. �� Supt/Foreman U Engineer Inspector Stabilization Pressure Pipe Diameter & Type g" �?Y� Line Location. From MH/Sta �xS/Sr/h To MH/Sta . / Specification Requirements Time Length_ cz�ev%?` Z& Diameter " Type Insp. Initials Line Location From MH/Sta To MH/Sta Length Diameter Type__ Insp. Initials Line Location From MH/Sta To MH/Sta Length Diameter_ .___ _ --Type Insp. Initials Line Location From MH/Sta To MH/Sta Length Diameter Type Insp. Initials Test Time Test Results v If , l l41'' Test Tech. Time Test Start Z Test End Duration 2'�Z/ Z2' Press Loss Pass Fail Test Start Test End Duration Press Loss Pass Test Start Test End Duration Press Loss Passe Time Fail Time Fail Time Test Start Test End Duration Press Loss Pass Fail Allow Pressure Drop Press Press Press Press 3. DECE 1�i;It 16 1��.30 seemed to far exceed national fiLures. He read the exact wording to the Commission and tney approved of it. It .,;as decided to use the wording "banks and financial institutions". :'r. Bensen noted that the minimum lot size had been increased and he asked wh(.rther there had also been an increase in the allowed building sizes. He was told there had been an increase in the allowed Dross floor area. ;'r. Fen.­cn ril:so noted change W7 on the cover sheet of tie charq,-e .. aie paid that to operate his office park he would have to sta,Yger the times offices could open. He wis told that would be desirable. 'le asked who selected the peak hour. and ",•as told there was a definition of that in the ordinance. I1r. Ewing moved to close the ;)ublic hearinc, and ador,t this with the chani-:es di:3cus:;(d t )night. I>Ir. Mona seconded tue :.lotion ar:d it carried 6-0. Sketch. nlaa reviow of application b " For,^. family units at 630 Hinesburg f.oad iir. Jo'nn Guinness represcrited the >uurdeaus. I:r. Upitz said ti.i�;; ,:ould riot be a :subdivision - i'r. Bourdeau wanted to retain some land for his home and devote the rest of it to the multi -family units, but he woula keep it all under his name. Mr. .'o,fer said the action seemed to be a subdivi.3ior. a d perhaps .should be hrindled that way and Mr. Mona agreed it should be subdivided. The i)ro :used drive is 400-450' from the Kennedy Drive intersection. '.'r. Guiriess was Asked if the entrance could line up with the drive to the Senior Citi.s.enn devel.ormont, but he thought that drive was beyond this property. Mr. Poi;er s,r:id the Commission would prefer to have the drives line up if possible. If the drive cannot be lined up with another one, it should be staggered as far from other drives as possible. Ti;e lot is 3 1/2 acres in size. Mr. Spitz noted that the Rye land adjacent to this lot might be developed further someday, and perhaps access should be planned to serve both lots in the future. Mr. Guiness was told the Commission had been requesting; 2 parking spaces per unit, which is what people seem to want. Mr. Jacob also noted that the water line into the project would have to be a 6" at least. Mr. Guinesr wac +arnod that the F'iror Chief would probnuly went a hydrant, that the aec(—!us drive would have to ce 241 wide and that n sidewalk across the front.n,,,e we uld bp renuired, or :;o.nr %.,oney could be givers to the city for that. ,,:r. Cuiness s%id apnrtrients were plr:nned of the townhouse tyke. !�'r. Woolery asked hew close these units were to Georgeto,..:a units and was told there .a ravine between the two properties. It wa^ noted that someday multi —family units might be built whore the honor stn:ds now and :.rovisicn should be made for that, such as clo:>ing the drive for t..e house and having; that access be through the new road, when and if such a development tr;kes place. Ui:cussion of floodrlain zoning, revisions Mr. Spitz showed ti.e Commission flood .lain maps. IT said the present zonini- ordinance set the flood level at elevation 2.30 and these maps had an elevation of 218 up to 220. Ile added that R11r. Belter, who owns land in the iloodplain area, had talked to him about po.,3ible zone changes for some of the lnn.d lie owns. !'art of the land he would like rezoned is high land but is shown i,y i,:-ur city to be in tl-., floodl,lr.rin, which io a mir3tnke. r. :,pitz said thr cLty could revise its niap to include more land than the federal government ;aid was floodplain, but it could not show less floodplain than the federal map did. 1 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: r� a. awner of record _rd AJ/}IV o e e, 4 L�, -�--�- G�� 1. /,yG Lou T J' -Vol b. Applicant _ �Wzy E R c. Contact person c lD44 As Cru4L5, 5 2) Purpose, location, and nature of subdivision or development, including number of 1 ts, units, o parcels involved as ell ; as proposed use(s).ua�r Iv`� n�/��=F��r ��1 ��r,�r , F S 6J2 VA, h FO q 1 i C k Si 15' A/ T C 6 1V ,b hA---t!rAC. 11N) rc, 3) Applicant's legal interest in the property (fee simple, option, etc) - /[7 I/ Pe -A- 12 4) Namesof owners of record of all cbgiguous properties li D �c y f1 4"°" JV' C. p IVY o M 1 N„( /j-.b! O tY`Q 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. No Text --2- 6) Proposed e::tension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. _a,,�. 7) Describe any actions taken by the Zoning 3oar6 of Adjustment, or previous actions by the South Burlington Plannina Commission, llaich affect the proposed subdivision anyinclude dates: JUrY G_ 8) Attz7ch a sketch plan showing all information required under items 2 through 7 on p. 5 of the Subdivision Regulations. -' 6 9 ALTTA hr gD (si ature) ap lieant or contact person FOR OFFICE USE date - submission of application and sketch plan to administrativeate officer - this proposal is classified as a major or minor subdivision - application ceem,--?d complete - proposal tentatively scheduled for -first Planning Cc:.i-lission meeting on Confirme6 For MEMORANDUM To: South Burlington Planning Carrnission From: David H. Spitz, City Planner Re: Next week's agenda items Date: 12/11/80 5) Bourdeau Proposed development is on approximately 3.5 acres near the corner of Kennedy Drive and Hinesburg Road. 2 acres will remain with an existing house, acid 1.5+ acres will be used for the proposed 11 units. Access for this property must be considered in relation to the elderly housing across the street and future access needs for adjacent properties. I have also advised the applicant of potential requirements for a sidewalk, 24 foot wide driveway, and fire pro- tection. e/fo(A/n rroodrric� p"0�os�q/ MedicQl Bid ys 6ri'qr wood 6) Floodplain OlBrien N loe Propo5e�( Futart Access 0 8riet7 Proposed zoning and subdivision floodplain revisions are enclosed. Final f.locxlplain maps have been prepared this year. Federal authorities have required accompanying zoning changes to be completed by 3/16/81 under threat of "dire consequences." Most changes do not significantly affect current City policies. However, new maps do show one major difference - south side of Ethan Allen Drive is no longer designated as floodplain, and this large tract is subject to zoning change. The major landholder in that area, John Belter, contacted me indepdendently this week regarding possible zoning changes for his land and will probably attend Tuesday's meeting. LVJ Il:f'.0 MJJSih1, IhA lntvI1 rR.l..n..n INCCME LIMITS AND RENT LIMITS FOR VERMGNT BY COUNTY EFFECTIVE 2/28189 f......... =•_••••••___`_...... ......... REVISED 10/30/89 INSTRUCTIONS: Rent limits include a utility allowance which may very from unit to unit. Utility allowances must be subtracted from the maximrn rent shown. For instructions see LIHTC Application Form. Depending on owner's initial (and irrevocable) choice, either 2OX or 4OX of the units in a qualifying project must be rented to households with incomes at or below 50X or 60% of the county median income, respectively. The unit rents rust be adjusted for family size, as per IRS instructions. For Counties with m dian incomes below 129,700, the higher "HUD NON -METRO" Median IncoTcs can be used for setting LIHTC rents and meeting income restrictions, and these are the median incomes shown. ..................................50% OF MEDIAN INCOME.................................... SIZE OF HOUSEHOLD COUNTY ONE PERSON TWO PERSON THREE PERSON FOUR PERSON FIVE PERSON COJNTY MEDIAN =__________________ ===___=_==... =_=_ INCOME MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT ADD ISON $29,700 S10,395 S260 S11,880 5297 S13,365 ;' $334 ( S14,850 1371 J S16,038 S401 BENNINGTON S31,100 J S10,885 S272 S12,440 S311 S13,995 S350 S15,550 S389 J S16,794 S420 BURL msa•• S38,500 J S13,475 $337 $15,400 $385 J $17,325 U 33 S19,250 S-481 J S20,790 S520 CALEDONIA S29,700 S10,395 5260 i $11,880 5297 J S13,365 $334 S14,850 $371 S16,038 S401 CHITTENDEN S36,500 S12,775 $319 J S14,600 S365 J $16,425 S411 J S18,250 S456 J $19,710 $493 ESSEX S29,700 J 110,395 $260 J S11,880 5297 J $13,365 5334 J S14,850 $371 S16,038 S401 FRANKLIN S29,700 S10,395 S260 S11,880 5297 113,365 5334 J S14,850 S371 116,038 S401 GRAND IS. S29,700 110,395 S260 J S11,880 $297 J S13,365 5334 J $14,850 S371 S16,038 S401 LAMOILLE S29,700 J S10,395 S260 S11,880 5297 S13,365 5334 J S14,850 $371 s16,038 S-401 ORANGE S29,700 $10,395 S260 S11,880 $297 J S13,365 $334 J S14,850 S371 116,038 S401 ORLEANS $29,700 S10,395 S260 S11,880 5297 J $13,365 5334 J 114,850 S371 J S16,038 S401 RUTLAND $31,500 $11,025 S276 J S12,600 S315 J S14,175 S354 S15,750 S394 S17,010 $425 WASHING70M S30,100 S10,535 S263 J S12,040 $301 J S13,545 S339 S15,050 $376 J S16,254 " 06 WINDHAM S30,500 S10,675 S267 J S12,200 S305 J $13,725 $343 S15,250 S381 J S16,470 S412 WINDSOR S32,800 J S11,480 S287 i S13,120 $328 J S14,760 S369 J S16,400 S410 J S17,712 S443 ..................................60X OF MEDIAN INCOME..................... ............. SIZE OF HOUSEHOLD COUNTY ONE PERSON TWO PERSON THREE PERSON FOUR PERSON FIVE PERSON COUNTY MEDIAN INCOME MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT ADD ISON S29,700 J S12,474 S312 J S14,256 5356 J S16,038 S401 S17,820 S446 J S18,934 S473 BENNINGTON S31,100 J S13,062 S327 J S14,928 $373 J $16,794 S420 $18,660 S467 J S19,826 $496 BURL msa•• S38,500 J S16,170 S404 J. S18,480 S462 S20,790 S520 S23,100 S578 J S24,544 1614 . sass ecsasJsa.ss.essssess.ssesJs...=ssc.........ssJssssssssssssc=ass=sJssscs=scs.=sessssssJsssssscsssaescsc=s CALEDONIA S29,700 S12,474 S312 J S14,256 5356 J $16,036 $401 S17,820 S446 S18,934 S473 CHITTENDEN S36,500 S15,330 S383 S17,520 S438 S19,710 s493 S21,900 S548 s23,269 S582 ESSEX S29,700 S12,474 S312 114,256 $356 i16,038 S401 J S17,820 S446 J $18,934 1473 FRANKLIN S29,700 J S12,474 S312 $14,256 5356 J S16,038 1401 J 117,820 S446 S18,934 1473 GRAND IS. $29,700 J S12,474 S312 J 114,256 5356 $16,038 " 01 S17,820 s446 S18,934 S473 LAMOILLE S29,700 J S12,474 S312 J S14,256 s356 $16,038 S-401 J S17,820 s446 J $18,934 S473 ORANGE s29,700 S12,474 S312 S14,256 5356 J s16,038 S401 117,820 S-446 S18,934 S473 ORLEANS S29,700 J S12,474 s312 sl:,256 1356 J S16,038 1401 S17,820 s446 J S18,934 5473 RUTLAND S31,500 S13,230 S331 J S15,120 S378 S17,010 5425 S18,900 S473 J S20,081 $502 t:ASHINGTDN S30,100 S12,642 S316 S14,448 S361 S16,254 S406 S18,060 S452 S19,189 S480 WINDHAM S30,500 S12,810 S320 S14,640 1366 J S16,470 1412 J S18,300 S458 J 119,444 S486 WINDSOR $32,900 J 113,776 1344 J 515,744 1394 J S17,712 S443 J S19,680 1.492 J S20,910 S523 '• Note: Burlington MSA includes a large area around Burlington, including Shelburne, Richmond, Colchester, South Burlington, Jericho, Hinesburg, Milton and even parts of Franklin (Georgia) and Grand Isle (South Hero) counties. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 April 17, 1990 Mr. Fred Blais, Chairman South Burlington Zoning Board City of South Burlington South Burlington, VT. 05403 Dear Fred: OFFICE OF CITY MANAGER CHARLES E. HAFTER Upon review of your public hearing schedule for April 23, 1990 the City Council has asked that I relay a comment on Item #1 relating to a variance on an elderly housing project. Studies have shown that municipal regulations can be a large factor in driving up the cost of housing. The City Council wants to encourage building affordable housing in South Burlington. If adequare controls can be imposed on this project to assure that affordable elderly housing is built and that it remains reasonably affordable, and if the plans are deemed to be consistent with preserving the existing neighborhood, then the City Council encourages the Zoning Board to be receptive to the relief requested by the appellant. Please contact my office if you have any questions. Sincerely, CfiaresHatr City Manager City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL. (802) 658-7953 OFFICE OF CITY MANAGER CHARLES E. HAFTER April 17, 1990 Mr. Fred Blais, Chairman South Burlington Zoning Board City of South Burlington South Burlington, VT. 05403 Dear Fred: Upon review of your public hearing schedule for April 23, 1990 the City Council has asked that I relay a comment on Item #1 relating to a variance on an elderly housing project. Studies have shown that municipal regulations can be a large factor in driving up the cost of housing. The City Council wants to encourage building affordable housing in South Burlington. If adequare controls can be imposed on this project to assure that affordable elderly housing is built and that it remains reasonably affordable, and if the plans are deemed to be consistent with preserving the existing neighborhood, then the City Council encourages the Zoning Board to be receptive to the relief requested by the appellant. Please contact my office if you have any questions. Sincerely, \ Char) es Ha t r F . City Manager FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 ("larch 30. 1990 Mr. Daniel O'Brien O'Brien Brothers Agency P.O. Box 2184 South Burlington, Vermont 05403 RE: Trip Generation Count - Country Park Apartments Hinesburg Road, South Burlington FILE: 90047 Dear Mr. O'Brien: As requested, we counted the traffic entering and exiting Country Park Apartments on Thursday, March 29th. Enclosed please find the results of that count. Those results compare favorably with trip generation rates published by the Institute of Transporation Engineers. Should you have any questions concerning the above or if we may be of additional assistance, please feel free to contact us. Sincerely, f c R e J. Dickinson, P.E. Design 0 Inspection 0 Studies 0 Permitting 0 Surveying COUNTRY PARK APARTMENTS - HINESBURG ROAD - SOUTH BURLINGTON TRIP GENERATION COUNT - 3/29/90 BY: DAVE GREGORY 30-MIN. PERIOD ---ENTER--- ---EXIT---- ------- TOTALS ---------- BEGIN RT LT LT RT ENTER EXIT TOTAL 0700 0 0 2 0 0 2 2 0730 1 0 2 0 1 2 3 0600 4 1 5 0 5 5 10 0830 1 0 6 0 1 6 7 1100 6 1 5 0 7 5 12 1130 5 0 8 1 5 9 14 1200 8 1 3 0 9 3 12 1230 10 1 4 0 11 4 15 1500 5 i1 4 1 5 5 10 1530 7 2 3 0 9 3 12 1600 4 1 4 0 5 4 9 1630 8 0 2 1 8 3 11 1700 2 2 3 2 4 5 9 1730 1 0 2 0 1 2 3 ------------------------------------------------------------------------------- ---ENTER--- ---EXIT---- ------- TOTALS ---------- PEAK HOURS RT LT LT RT ENTER EXIT TOTAL A.M. 5 1 11 0 6 11 17 NOON 18 2 7 0 20 7 21 P.M. 12 2 7 1 14 8 2c FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APT- i 1 18, 1990 Inter Office Memo To Dan: As per your request, I have expanded on Roger Dickinson's letter dated March 30th regarding the traffic counts over at Country Park. You wantod to compare the existing traffic counts from Country Park to counts that might have been generated if the site wass used for 51 residential units (a permitted use). According to Mr. Dickinson's Ietter Country Parks traffic counts read as follows: AM Peak Ficur 17 1- 11.1(3 proposed = 28.19 PM Peak Hour- 22 + 14.47 proposed = 36.47 In order- to compare those figures with the hypothetical 51 units, I went to the Institute of Transportation Engineers Tables and came up with the following calculations: AM Peak Hour 31.05 (51 LN = 3.9:3 x .80 = 3.15 + .29 = 3.44 ex) PM Peak Hour 35 . 61 (51 LN = :3.93 x .84 = 3.30 + .27 = 3.57 ex) All calculations worked out on a scientific calculator. As stated in Mr. Dickinson's letter and as shown in the calculations above, the proposed additional 50 units plus the existing 76 units compares quite favorably with the permitted use of 51 residential units. Christopher D'Elia O'Brien Brothers Agency Incorporated 1855 Williston Road P.O. Box 2184 South Burlington, Vermont 05407-2184 802-658-5000 Fax 658-5002 r RESIDENTIAL CONDOMINIUM (230) Average Vehicle Trip Ends vs: DWELLING UNITS On a: WEEKDAY PEAK HOUR OF ADJACENT STREET TRAFFIC, ONE HOUR BETWEEN .11 4 AND 6 P.M. TRIP GENERATION RATES Average Vehicle Trip Ends (Weekday —Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 P.M.) per Dwelling Unit Average Range of Standard Number of Average Number of Trip Rate Rates Deviation Studies Dwelling Units 0.561 0.179-1.238 44 196.4 DATA PLOT AND EQUATION 600 0 z w oL 400 ° w J _U 2 w ❑ w C� 200 w ❑ 41❑ ❑ ❑ I I F— ❑ ❑ ❑❑ 0 0 200 400 600 800 1,000 1,200 X = NUMBER OF DWELLING UNITS ❑ ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: Ln(T) = 0.84 Ln(X) + 0.27 RZ = 0.798 DIRECTIONAL DISTRIBUTION: 67% enter, 33% exit. Trip Generation, September 1987/Institute of Transportation Engineers 349 RESIDENTIAL CONDOMINIUM (230) Average Vehicle Trip Ends vs: DWELLING UNITS On a: WEEKDAY PEAK HOUR OF ADJACENT STREET TRAFFIC, ONE HOUR BETWEEN 7AND 9A.M. TRIP GENERATION RATES Average Vehicle Trip Ends (Weekday —Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 A.M.) per Dwelling Unit Average Range of Standard Number of Average Number of Trip Rate Rates Deviation Studies Dwelling Units 0.446 0.147-0.952 44 196.4 DATA PLOT AND EQUATION 45 4( CO 0 z 3E w _a 3C w _0 25 _ w > 20 w C7 15 w 101 H 5( X = NUMBER OF DWELLING UNITS ' ❑ ACTUAL DATA POINTS FITTED CURVE Fitted Curve Equation: Ln(T) = 0.80 Ln(X) + 0.29 R2 = 0.744 DIRECTIONAL DISTRIBUTION: 16% enter, 84% exit. Trip Generation, September 1987/Institute of Transportation Engineers 348 (Shown as p. 349 in the first printing of this edition of Trip Generation) April 19, 1990 141- ► US] To: Daniel J. O'Brein From: Bonnie L. Wells, Housing Specialist Re: Water Consumption Analysis Pursuant to your request, I have researched the water bills for Country Park, McKenzie House, Jeri -Hill and West Street Woods. I have examined the bills from the respective water departments of South Burlington, Essex, Jericho/ Underhill, and Burlington for a period of three years. The average daily water consumption per unit for these 200 elderly units is 68.76 gallons per day. My research data is available if there are any questions. O'Brien Brothers Agency Incorporated 1855 Williston Road P.O. Box 2184 South Burlington, Vermont 05407-2184 802-658-5000 Fax 658-5002 a STUDY OF IMPACT OF ELDERLY HOUSINGON DENSITY Actual # of Density # of # of people # of parking # parking Project Units Units/Acre People per unit spaces unit Heineberg Senior Housing 80 20 96 1.2 45 .56 Burlington Cathedral Housing Burlington 100 200 113 1.13 25 .25 230 St. Paul Street 160 80 170 1.06 40 .25 Burlington N. Champlain Street 50 50 65 1.3 20 .40 Burlington Courtyard Apartments 101 17.7 110 1.09 39 .58 Winooski McKenzie House Burlington 36 41 39 1.08 21 .58 Country Park (Existing) 76 10.5 89 1.17 64 .84 S. Burlington Country Park (Proposed) 146 17.4 148 1.17 106 .84 S. Burlington Winchester Place (Family) 166 10 680 4.1 296 1.78 Colchester LUd IAIi/'•C MLXJSlhU IAA 1, C, 1 r.u,.n INCCME LIMITS AND RENT LIMITS FOR VERMGKT BY COUNTY EFFECTIVE Z/28189 REVISED 10/30/89 INSTRUCTIONS: Rent limits include a utility allowance which may vary from unit to unit. Utility allowances rust be subtracted from the maxim.n rent shown. For instructions see LIHTC Application Form. Depending on owner's initial (and irrevocable) choice, either 20% or 4OX of the units in a qualifying project rust be rented to households with incomes at or below 5OX or 60% of the county median income, respectively. The unit rents rust be adjusted for family size, as per IRS instructions. for Counties with rr_dian incomes below S29,7DO, the higher "HUD NON•Y.ETRO" Median Incomes can be used for setting LIHTC rents and meeting income restrictions, and these are the median incomes shown. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% OF MEDIAN INCOME.................................... SIZE OF HOUSEHOLD COUNTY ONE PERSON TWO PERSON THREE PERSON FOUR PERSON FIVE PERSON C(YJNTY MEDIAN ------__===a=====_= ===a==aa===aa-=a= INCOME MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT ADD ISON S29,700 S10,395 S260 S11,880 5297 S13,365 % S334 S14,850 S371 S16,038 5401 BENNINGTON S31,100 S10,885 S272 S12,440 S311 113,995 1350 S15,550 S389 116,794 S420 BURL msa•• S38,500 $13,475 S337 S15,400 S385 S17,325 $433 $19,250 S481 S20,790 S520 CALEDONIA S29,700 S10,395 1260 S11,880 S297 S13,365 S334 514,850 S371 S16,038 S401 CHITTENDEN S36,500 112,T75 S319 S14,600 S365 116,425 $411 S18,250 S-456 S19,710 S493 ESSEX $29,700 S10,395 S260 111,880 S297 S13,365 S334 S14,850 S371 S16,038 S401 FRANKLIN S29,700 S10,395 S260 S11,880 $297 513,365 S334 S14,850 5371 516,038 S401 GRAND IS. S29,700 $10,395 $260 S11,880 S297 S13,365 S334 S14,850 S371 S16,038 S401 LAMOILLE S29,700 ==za =ae=sl=ass=======aa=saaaal=a=seeseaaa===az=sala==ssaas=ass=eszaaalaa==sa=aasa=s======laa==as=a==aa------ S10,395 S260 $11,880 5297 S13,365 $334 $14,850 S371 S16,038 S401 ORANGE S29,700 S10,395 S260 S11,880 $297 S13,365 S334 S14,850 S371 S16,038 S401 ORLEANS $29,700 S10,395 S260 s11,880 $297 S13,365 S334 S14,850 S371 S16,038 S401 RUTLAND S31,500 S11,025 S276 S12,600 S315 S14,175 5354 S15,750 S394 S17,010 S425 WASHINGTON S30,100 ( S10,535 S263 S12,040 S301 S13,545 S339 S15,050 $376 S16,254 S-406 WINDHAM S30,500 S10,675 S267 S12,200 S305 $13,725 S343 S15,250 S381 S16,470 S412 WINDSOR $32,800 $11,480 S287 $13,120 $328 S14,760 1369 $16,400 S410 S17,712 S-443 ..................................60X OF MEDIANINCOME.................................... SIZE OF HOUSEHOLD COUNTY ONE PERSON TWO PERSON THREE PERSON FOUR PERSON FIVE PERSON COUNTY MEDIAN ------ ----------------- ---- INCOME MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT MAX INC MAX RENT ADDISON S29,700 S12,474 $312 S14,256 S356 $16.038 $101 S17,820 S446 S18,934 S473 SENNING70H S31,100 S13,062 S327 S14,928 S373 S16,794 $420 S18,660 S467 $19,826 S496 BURL msa'• S38,500 $16,170 $404 �. S18,480 $462 S20,790 S520 S23,100 S578 524,544 S614 . =salsas==I==ss=aasaa.=ziae==esisasasa=saasaaaas==sl=ssa=a=asz=aaa=a=_alzza===saas=aaaa===a'=a==z=s=a=se=rasa= CALEDONIA S29,700 S12,474 5312 S14,256 S356 S16,038 S401 S17,820 S446 S18,934 S473 CHITTENDEN S36,500 S15,330 S383 S17,520 $438 119,710 5493 S21,900 S548 S23,269 S582 ESSEX S29,700 S12,474 ------------------ S312 S14,256 ---------- ------- S356 S16,038 S401 S17,820 S446 S18,934 S473 FRANKLIN S29,700 S12,474 $312 S14,256 S356 S16,038 5401 S17,820 S446 $18,934 S473 GRAND IS. S29,700 S12,474 S312 S14,256 S356 S16,038 U 01 S17,820 U 46 S18,934 $473 LAMOILLE S29,700 S12,474 S312 114.256 $356 S16,038 1401 S17,820 S446 S18,934 S473 ORANGE S29,700 S1Z,474 S312 S14,256 S356 116,038 S401 S17,820 1446 S18,934 1473 ORLEANS S29,700 S12,474 S31Z 114,256 $356 516,038 1401 S17,820 5446 118,934 S473 RUtLAND s31,500 S13,230 S331 S15,120 S378 S17,010 5425 118,900 S473 120,081 S502 WASHINGTON WINDHAM S30,100 S12,642 S316 S14,448 1361 S16,254 1406 S18,050 S452 S19,189 S480 530,500 S12,810 1320 S14,640 S366 516,470 5412 S18,300 S458 S19,444 S486 WINDSOR $32,800 113,776 1344 $15.744 S394 $17,712 S443 S19,680 1492 S20,910 S523 '• Note: Surlinyt'on MSA includes a large area arou-,d Burlington, including Shelburne, Richmond, Colchester, South Burlington, Jericho, Hinesburg, Milton and even parts of Franklin (Georgia) and Grand Isle (South Hero) counticc, OUTH BIJRLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burin ton Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 23, 1990 at 7t00 P.M. to consider the following% M1 - Appeal of CPA Part- nership, Daniel O'Brien, agent seeking a variance from Section 18.00 Density requirements and Section 19.25 Off street parking requirements of the South Burlington Regulations. Re- quest is for permission to construct and additional fifty (50) elderly housing units (presently seventy six (76) pnits existing) on a - parcel containing 7.2. acres,: als0 requires a vaFianae from the off-street parking -quire- ments, request to set-off 106 spaces in conjunction with the apartment complex located at 635 Hinesburg Road. M2 - Appeal of Edward Aus- tin Jr. seeking a variance from Section 18.00 Dimen- sional requirements' of the South Burlington Regular tions..Request is for permis- sion to construct a 520 square feet addition and a 24' x 26' attached garage to Within fifteen (15) feet of the southerly side yard, also removing a 15'X24' de-. tached garsga presently lo- cated to within (5) feet of the southerly side yard, lo- cated at y4 Bar(ett' -Bay Road. Richard Word Zoning Administrative Officer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 9, 1990 Mr. Daniel O'Brien CPA Partnership P.O. Box 2184 South Burlington, Vermont 05403 Re: 635 Hinesburg Road Dear Mr. O'Brien: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a regular meeting at the City Offices, Conference Room, 575 Dorset Street. on Monday, April 23, 1990 at 7:00 P.M. t.o consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp Official Use APPL`-ATION # City of S...,.ch Burlington Application to Board of Adjustment Date 4-2-90 Applicant CPA Partnership Owner, leasee, agent HEARING DATE % '`$f 0 FILING DATE W #7 JO FEE AMOUN SQ-, Address F_p_ B,x ?1R4 Telephone # So Burlington, Vt 05407 Landowner SPP�rtne�shiz Address P.O. Box 2184-So Burl. 054 63S Location and description of property 63#'Hinesburg Road, So Burlington,-Vt Elderly hgUgin�Lrn;-Ar-+. Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Sign ture of Appel ant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day/of Week at •i=t< ='%'t, to consider the following: Af Month and Date Time Appeal of p4 C seeking a �4(, from Section ld ,0u of t � i t � d. /J e ® 00 -_'* 4 e South Burlingt6ff Regulatio s. Reque 00-0 lallw n Ao% -'�'' st is for permission to,e._^q �� � /zld%1,� LEGAL NOTICES SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burling- I.Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burling- ton Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 117S Williston Rood, South Burlington, Vermont on Monday, Oc- tober 18, 1976, at 5:00 a.m. to consider the following: No. 1. Appeal of Forest Pork Realty Coro., Donlei O'Brien, President seeking a vorlonce, from Section 11.00, Density Requirements of the South Burlington Zonirg Regulations. yr Request Is for permission to con- struct on aportmen} complex contain- ing one hundred (1001 dwelling units on a parcel contcinina 7.2 acres, also t? reoulrina a variance from Section 13.40,Table I, Ott -street parking and loading request to set-off seventy-five parking spaces in conjunction with ``. the proposed apartment complex on a `�. parcel of land located on Hinesburg Road southerly of No. 625 Goodrich Construction Co. Richard A. Myette, C- Chairman South Burlington Zoning Oct. 3, 1976 Board of Adjustment a>! ,-IN -1*N gle-W Z4Z,2-, le - 7 �g-GAG' 2 z.off. �.et �.� �� y..�.�° �✓� . �.� 00,'v-- ":-) �fB o .3v � /"