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)
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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.
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`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
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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 ,"
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b. Applicant
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C. Contact personA
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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)
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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.
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6) Proposed extension, relocation, or modification of municipal facilities
such as sanitary sewer, water supply, streets, storm drainage, etc.
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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
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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{�
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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
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JOB NO.�ryry�7i/y
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ATTENTION
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following items:
❑ Samples ❑ Specifications
COPIES
DATE
NO.
DESCRIPTION
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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
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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.
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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
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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
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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
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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
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"'
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
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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.
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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
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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
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rn
t�
AEC = Agency of Environmental Conservation
' {
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H
C = District Env ironinenta 1 Co�toni ss i on
DOCL''-"E;d
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=
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
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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
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