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HomeMy WebLinkAboutBATCH - Supplemental - 1020 Hinesburg RoadCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 26, 2001 Mr. Dan Kalman Dynapower Corporation 1020 Hinesburg Road South Burlington, Vermont 05403 Re: Final Subdivision- #SD-01-53, installation of exterior gas storage unit and parking modifications, 1020 Hinesburg Road. Dear Mr. Kalman: Please find enclosed the Findings of Fact and Decision of the Development Review Board approval on November 6, 2001, in regards to the above referenced project. Please note the conditions of approval including recording the final plat plan (survey plat) in the land records within 90 days or this approval is null and void (2/1 S/02). If you have any questions, please give me a call. Sincerely, -, Stephanie A. Smith Associate Planner DEVELOPMENT REVIEW BOARD 6 NOVEMBER 2001 PAGE 4 Mr. Belair said it is staffs opinion that you can't use traffic from a residential district to apply to a commercial district. In the commercial district 26 VTE's are allowed. This project will generate 53. Mr. Vock said the Sherwin Williams project used residential trip generation just a few years ago. Mr. Aioli said just because you make a mistake before doesn't mean you have to continue it. Mr. Bertan asked the Board to deny the C-1/R-4 extension. He asked where this kind of thing stops and how far into a residential area commercial things can creep. The line was drawn there to keep commercial development out of the residential district. He said it also seems obvious to him that there will be a menu board put up at some time. Mr. Schmitt said he felt this is a fast food restaurant as they are sending food out in paper boxes. Pizza Hut also advertizes "10 minutes or less." He also noted that with the encroachment proposed into the R-4 district, you get more traffic. He asked for the City Attorney's opinion on this. Mr. Belair noted the Board must make a decision within 60 days. Mr. Boucher moved to continue to 18 December. Mr. Farley seconded. Motion passed unanimously. Mr. Kupferman said he would like to see a marketing plan from Pizza Hut. 10. Public Hearing: Application #CU-01-40 of Robert Griswold and Capital Enterprises seeking conditional use approval under Section 26.05, Conditional Uses, and Section 29.007, Interpretation of District Boundaries, of the South Burlington Zoning Regulations. Request is for permission to extend the C1 District Boundary line fifty feet into the R4 District, 1220 Shelburne Road: Mr. Boucher moved to continue this application to 18 December. Mr. Farley seconded. Motion passed unanimously. Mr. Belair noted the City Council has indicated it is not in favor of moving the boundary toward the residential zone. Mr. Haynes noted that he can presently see the Sherwin Williams building and hear trash removal. He felt that removing any trees will add to the noise. 11. Public Hearing: Final Plat application #SD-01-53 of Burlington Properties to amend a planned unit development consisting of a 132,700 sq. ft. light manufacturing facility. The amendment consists of: 1) parking layout modification, and 2) adding an 8'x8' exterior gas storage unit, 1020 Hinesburg Road: Mr. Lavigne said they would move 3 handicapped spaces from the west side of the buffer zone to the east side to line up with the other handicapped spaces. They are being required to move the gas to outside storage (this is bottled gas and empty tanks). Mr. Belair said there is no impact from these amendments. Mr. Boucher moved to approve Final Plat application #SD-01-54 of Burlington Properties subject to the stipulations in the draft motion of 6 November 2001. Ms. Quimby seconded. Motion passed unanimously. 12. Public Hearing: Preliminary Plat application #SD-01-61 and Final Plat application #SD-01-56 of Ken Smith and James Barron for a boundary line adjustment between 45 and 49 Commerce Avenue: 11/6/01 MOTION OF APPROVAL DYNAPOWER CORPORATION — GAS STORAGE UNIT — FINAL SUBDIVISION PLAT, 1020 HINESBURG ROAD i move the South Burlington Development Review Board approve final plat application #SD-0 1 -53 amending a planned unit development consisting of a 132,700 square foot light manufacturing facility. The amendment consists of: 1) parking layout modification, and 2) adding an 8'x 8' exterior gas storage unit, 1020 Hinesburg Road, as depicted on a plan entitled "Dynapower 1020 Hinesburg Rd South Burlington, VT Site Plan" prepared by Wiemann Lamphere Architects dated 8/28/01 with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 3) The final plat plan shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plan, shall be signed by the Development Review Board Chair or Clerk prior to recording. No Text 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 31, 2001 Mr. Dan Kalman Dynapower Corporation 1020 Hinesburg Road South Burlington, Vermont 05403 Re: Final Plat Application — SD-01-53 Dear Mr. Kalman: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, November 6, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerejy� RAyfn-2 J. Beler Administrative Officer Encl./td PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington De- ,relopment Review Board will hold a public hearing square foot open porch at the South Burlington and roof at 308 Park City Hall. Conference Road. Room, 575 Dorset Street, South Burlington, Ver- 8. Final plet application mont on Tuesday, Nov. 6, #SD-01.55 of Lime Kiln 2001, at 7:30 p:m. to con- Housing Partnership to sider the following: amend a planned unit de- velopment consisting of 1. Final plat application 85 residential units in #SD-01-53 of Burlington four [41 buildings and a Properties to amend a 42 unit congregate hous- planned unit develop- ing facility on two [2) lots. ment consisting of a The amendment consists 132,700 square toot light of subdividing lot #2 Into manufacturing facility. two [2) lots of 5.38 acres The amendment consists [lot #21 and 1.97 acres of: 11 parking layout mod- [lot #41. 378-380 Lime iflcation, and 2)adding an Kiln Rd. 8' x 8' exterior gas stor- age unit, 1020 Hinesburg 9. Application # CU-01- Road. 40 of Robert Griswold and Capital Enterprises 2. Application #CU-01- seeking conditional use 39 of Community Bible approval under Section Church seeking condi- 26.05, Conditional Uses, tional use approval under and Section 29.007, In - Section 26.05, Condi- terpretation of District tional Uses, of the South Boundaries, of the South Burlington Zoning Regu- Burlington Zoning Regu- lations. Request is for lations. Request is for permission to construc- permission to extend the tion a 12' x 15' covered C1 District boundary line portico to a church build- fifty [501 feet into the R4 Ing, 2025 Williston Rd. District, 1220 Shelburne Road. 3. Application #CU-01- 38 of Devon Mobile Com- Copies of the applica- munications seeking con- dons are available for ditional use approval un- public inspection at the der Section 26.05, South Burlington City Conditional Uses, of the Hall South Burlington Zoning Regulations. Request is John Dinklage for permission to install Chairman six [6) panel antennas to South Burlington existing tower and con- Development structing a 10' x 10' steel Review Board platform to house— October 20, 2001 electronic equipment, 530 Shelburne Road. 4. Application #MS-01- 06 of Precourt Invest- ment Co. seeking condi- tional use approval under Section 25.117, Alteration of Existing Grade, of the South Burlington Zoning Regulations. Request is for permission to place 3,500 cubic yards of fill, 1160-1174 Williston Road. 5. Application #CU-01- 43 of Venzon New Eng- land, Inc. seeking condi- tional use approval under Section 26.05, Condi- tional Uses, of the South Burlington Zoning Regu- lations. Request is for permission to install a six [6] foot high metal cabi- net on a 9' x 12' concrete pad, 1200 Airport Park- way. 6. Preliminary plat appli- cation #SD-01.61 and fi- nal plat application #SO- 01-56 of Ken Smith and James Barron for a boundary line adjustment between 45 and 49 Com- merce Ave. 7. Final plat application #SD-01-54 of Harold and Joanne Soncrant to amend a planned resi- dential development con- sisting of 306 residential units and an 18 hole golf course, Dorset St. The amendment consists of constructing a 360 WINDMILL"'dEll & - TEMP 31' *1 Fis METE13RE T L vw� T ft m -2, o" m" - ILOCICA TOWER REFER; TO SURVEY DWG FOR EXACT LOCATION STORM DRAIN: D__--GAS STORAGE UNIT 'HYll. YD. " V "�' �LECT. EXIST, KC, EXIST,, H.Cl V), EXISTING BUILDING, 'A EXG BE&LARD g LIGHT, rYPICO L L E TEI t W_ —1 018\\/z I(' fv_ LEP < A x HYD. Vr 40 -NEW WALL-MTD LIGHT FUTURE TYPICAL mrw- AY D. RETAIN EXGW&L-W LIGHT FIXTU�E, TYP m L E TY tGHT� 20' 0 C FIRE LANE 0 0 0- 0 0 0 00 75' MIN, SETBACK x x A mo M 0 0 0 0 6 0 a 0 0 0. 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q0 0� 0 0 �D 0 0 0 0 "0 0 0 0 -.mrp- Vw 08-30-01 UPDATF N RAGE UI QUM gigolo. — A 10-05-95 INDICATE WALL LIGHTS PER SBPC 09-12-951FZEVISIONS AND CORRECTIONS PER SBPC N13. I DATE IREVISION 30 South Pork Drive Cotchester, VT 05446 Fox: $02 655 6567 Tel: 802 655 5020 I E-moRGLOWI_Aonline.00m URL: w—wicontir,exom WIEMANN LAMPHERE Oct 24 01 11: 1a P.1 Phone: 652-1330 Fax: 652- 377 L— M Dynapow►er Corporation To: Stephanie A Smith, Associate Planner Mon R. Danny Kalman Fax: 846-4101 Date: October 24, 2001 Phone: 846.4'I06 PageaF 1 Re: Final Subdivision Plat Review CC: Dear Nils. Smith: Thark you for your fax dated October 19, 2001. ! believe there are two issues requiring a written response which ! would like to submit at this time. • The applicant should specify hcw the gas storage uric would be mounted, concrete pad or.7' ✓ The gas storage unit is a self-contained mounted on wooden skids at the oading dock apron. • "The applicant should revise the plan to include screened dumpsters, and bike rank locations." ✓ Dynapower has two dumpsters. Both dumpsters are kept inside at all times, The dumpsters are emptied weekly a: which time they are taker outside for the vendor to have access. After they are emptied, they are returned inside. ✓ The bike rack is outside the main entrance to the facility, It has been there for several years and pre -dates the application. 1 hope that I have provided sufficient information for the Development Review Board to consider the site clan application. If you have any additional questions, please fee! free to give me a call, Sincere;y, DYNAPOWER CORPORATION ��,. f� R. Dann alman �✓ General Wanager 575 Dorset Street Phone: 846-4106 Fax: 846-4101 Fax To: Danny Kalman- Dynapower From: Stephanie A. Smith Fax: 652-1377 Date: October 19, 2001 Phone: 652-1330 Pages: 2 Re: Final Subdivision Plat Review CC: Re: Subdivision plat application- additions of exterior gas storage unit and accessible parking spaces Dear Mr. Kalman: Please find attached the preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on November 6, 2001. If you wish to respond to these comments or submit additional information, please do so no later than October 29, 2001. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes D to. Oct c �nni SD-01-53 Final Subdivision Plat Application —1020 Hinesburg Road Previous Action: Final Plat Approval September 6, 1995 Overview: Site plan application #SP-01-53 of Burlington Properties is to amend a previously approved site plan. The amendment consists of adding an exterior gas storage unit (approx. 8'x8'), and three (3) handicap accessible parking spaces. Issues: ■ Before Board reviews an amended plan, the Board must decide if the amended plan produces an impact on the site. If so they must find that you justify your amendments by one of the following criteria ■ Changes in factual or regulatory circumstances beyond the control of a permittee ■ Changes in the construction or operation of the permittee's project, not reasonably foreseeable at the time the permit was issued ■ Or there are changes in technology ■ The applicant should specify how the gas storage unit would be mounted, concrete pad or...? ■ The applicant should revise the plan to include screened dumpsters, and bike rack locations. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan application with above exceptions noted. Please provide additional information by October 29, 2001. Recommendation: Staff recommends that this application be authorized to proceed to site plan consideration at the November 6, 2001 meeting. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STRET SOUTH BURLINGTON, VERMONT 05403 (802)846-4106 FAX (802) 846-4101 APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW Permit Number SD- All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Burlington Propgrtiies, P.O. Box 9210, South Burlington, Vermont 05407. Phone number: 860-7200 — Fax 652-1377. 2) LOCATION OF LAST RECORDED DEED (Book and page #) B-219, P. 162-168. 3) APPLICANT (Name, mailing address, phone and fax #) Same as Owner. 4) CONTACT PERSON (Name, mailing address, phone and fax #) Dan Kalman — Dvnaoower C_rpgration, 1020 Hinesburg Road, South Burlington, Vermont Phone Number: (802) 860-7200, FAX: (802) 652-1377. 5) PROJECT STREET ADDRESS 1020 Hinesburg Road., $o.Burlington, Vermont. 5) TAX PARCEL ID # (can be obtained at Assessor's office). 0860-01020C. 6) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use). Manufacturing — add exterior gas storage unit (apuroximate size 8'x8'), and 3 H.C. Parking spaces. b) Proposed Uses on property (include description and size of each new use and existing uses to remain. No change in use. c) Total building square footage on property (proposed buildings and existing buildings to remain). 132,700 existing. d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine). fXjgiLn9. e) Number of residential units (if applicable, new units and existing units to remain). N/A. f). Number of employees and company vehicles (existing and proposed, note office versus non - office employees): 150 Employees. g.) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable.) 8). LOT COVERAGE a.) Building: Existing 2AN Proposed- % b.) Overall (building, parking, outside storage, etc.) Existing 6% Proposed % c.) Front yard (along each street) Existing % Proposed % 9). COST ESTIMATES a.) Building (including interior renovations): $ b.) Landscaping $ c.) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a.) Average daily traffic for entire property (in and out): b.) AM Peak hour for entire property (in and out): c.) PM Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached Five (5) regular size copies and one reduced copy (11"x17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). I hereby certify that all the information required as part of this application has been submitted and is accurate to the best of my knowledge. OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this final plat application and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date DEPARTMENT OF PLANNING & ZONING 575 EORSET STREET SOUTH BURLINGTON, 'VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 The Landrum Family 178 Harbor Road Shelburne, Vermont 05482 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, AdministrativeRaymond J. Belair Officer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING (802)658-7955 December 3, 1998 Attorney Robert C. Roesler 84 Pine .Street Burlington, Vermont 05401 Re: Escrow Letter 4866-07A31 Dear Attorney Roesler: ZONING (802)658-7958 Be advised that the City of South Burlington hereby releases the above captioned escrow account in total. Improvements competed in conjunction with the addition to Dynapower, 1020 Hinesburg Road are acceptable. Ifyou have any questions regarding this matter, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RWimcp LANDSCAPING ESCROW AGREEMENT THIS AGREEMENT, executed in triplicate by and between BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a limited partnership, hereinafter referred to as the "Developer," the CITY OF SOUTH BURLINGTON, hereinafter referred to as the "Municipality," and ROBERT C. ROESLER, hereinafter referred to as the "Escrow Agent." WITNESSETH: WHEREAS, Developer has received Site Plan approval from the Municipality's Planning Commission for the development of Property located at 1020 Hinesburg Road, as depicted on a Site Plan entitled "Proposed Site Plan, Dynapower, 1020 Hinesburg Road, South Burlington, Vermont," dated September 6, 1995, last revised October 5, 1995 and prepared by Wiemann- Lamphere Architects, Inc. (hereinafter the "Site Plan"); and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure certain of the obligations of the Developer as set forth in the Site Plan approval; and WHEREAS, the Escrow agent executes this Agreement solely in the capacity of Escrow Agent. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will, at its own expense, complete the landscaping depicted on the Site Plan. 2. The Developer shall complete the landscaping depicted on the Site Plan no later than November 1, 1996. 3. Developer shall replace or repair any defective or improper work or materials which may be recognized by the Municipality within three (3) years after completion of the improvements set forth in the aforementioned Site Plan. For the purpose of this Agreement, "completion" shall be deemed to have occurred when the Municipality has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the Developer that the construction is complete and in accordance with the aforementioned Site Plan. 4. To secure the Developer's performance of the requirements hereinabove set forth, and prior to the issuance of any zoning permit for said addition, Developer agrees that the sum of $18,770 shall be set aside, and placed with Escrow Agent, and shall be available for payment to the Municipality or to Developer in accordance with the terms herein set forth. 5. If the Municipality shall file with the Escrow Agent a statement that the Developer is, in the reasonable objective judgment of the Municipality, in default under the terms of this Agreement, the Escrow Agent shall, subject to the terms of this Agreement, pay monies from said fund to the Municipality, in amounts not to exceed the reasonable amounts required for the Municipality to complete improvements set forth in the aforementioned Site Plan. 6. The Municipality will promptly submit to the Developer a copy of statements contemplated by paragraph 5 which it files with the Escrow Agent, with a copy sent by certified mail to the Developer. Neither the Escrow Agent nor the custodian of the funds shall incur any liability to the Developer on account of making such payment to the Municipality, nor shall the Escrow Agent be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Escrow Agent a statement of default under Section 5 hereof until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so and the facts upon which it believes a default exists. Developer shall have the right to reasonably object to any such statement of default provided that Developer shall make such objection, if at all, within seven (7) days after notice has been sent to it by the Municipality. Upon receipt of any such objection by Developer, the Municipality and Developer agree to meet in good faith to reasonably resolve any differences concerning the statement of default. In the event the parties cannot so agree, they shall select an independent, qualified arborist who shall have the authority to issue a determination resolving the dispute, which determination shall be final and binding on the parties. A copy of any statement of default sent to the Escrow Agent shall also be sent to the Developer by certified mail, return receipt requested. 8. All monies released by the Escrow Agent to the Municipality pursuant to paragraph 5 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, with notice to Developer, and shall be accomplished in such manner as shall complete the work most expeditiously and economically. 9. If monies are released at the direction of the Escrow Agent to the Municipality pursuant to paragraph 5 and it shall later develop that any portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to the Escrow Agent to be held and distributed at the direction of the Escrow Agent pursuant to the terms of this Agreement. 10. The Escrow Agent will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period set forth in paragraph 3, whereupon the Escrow Agent shall release the funds to Developer. 12. The sum of $18,770 shall be held and maintained in escrow until certification to the Escrow Agent by the Municipality of the completion of the warranty period set forth in paragraph 3; provided, however, that in consideration of the $14, 800 credit granted by the Municipality Planning Commission for 110 apple trees planted prior to construction of the 50,000 square foot addition to which this Landscaping Escrow Agreement applies, Developer shall have the right after completion of the landscaping depicted on the Site Plan, and during the three-year warranty period described in paragraph 4, to request from the Municipality's Planning Commission a reduction in the sums held by Escrow Agent. The Municipality agrees to consider a reduction in the amount held by Escrow Agent on this basis. 13. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, administrators, successors and assigns. Dated at South Burlington, Vermont this day of QC 1995. In the presence of: BURLINGTON PROPERTIES LIMITED PARTNERSHIP By Its D1zly Authorized Agent Dated at South Burlington, Vermont this ,_'7! ltday of CSC 66-rX , 1995. CITY OF SOUTH BURLINGTON i By: Its Duly Authorized Agent Dated at Burlington, Vermont this 3J day of %6� , 199 . Robert C. Roesler, Escrow Agent PUBLIC FUNDS ACCOUNT AUTHORIZATION TO TRADE Merrill Lynch is hereby authorized and empowered to open and maintain an account on its books in the name of Burlington Properties Limited Partnership (the "Account"). I. PERMISSIBLE INVESTMENTS/DELAYED SETTLEMENTS We hereby certify and represent that we have reviewed those state and local laws and regulations regarding permissible investments, and any other investment guidelines, applicable to the Account and that the following investments, with related delayed settlements, when specifically indicated, are permissible for the Account under such laws, regulations and investment guidelines. Equities: Listed NASDAQ Foreign None X Fixed Income: Corporate U.S. Government GNMA/FNMA Municipals Assets Backed Foreign None X Other: Money Market Fund X Special Instructions: II. AUTHORIZED PRRSOPS We certify and represent that under those state and local laws and regulations, including those regarding permigaibl.e investments, and any investment gui.dclznes applicable to the Account, each of the persons dcsilgnated below is hereby authorized on behalf of the Account to give written or vcrh,,:, i ustructionn by telephone, telegraph, facsimile, or othcrwiv� i, t cs, the purahaac, sale, and settlement of transactions offect;t:i is t-hr- Pi-virm"t- _ n2bert S. Roesl4r 7 7"It,�. Signature Ill. We cartify and represent that the following individuala are the appropriate individuals of authority of to whom you u>ay direct correspondence and/or other .material regarding the Account, and that they are ;:,ogaizr_ nt of, and approve of, our eutabli.shment of the Accoc�tr.-at iaw6j c -<tet uti.on of thin Authorization to Trade: Robsid- e,. Roe ®rr Pc t�Pcallak'L_. R, Danny Kalman 1 IV. We certify and represent that we have the authority to execute this Authorization to Trade and any other agreements required by you and ,pecifiud in the attached Schedule. We understand and agree, except as you are spccif ically required by law, that you are not responsible for determining, whethex the Account has complied with all, applicable state and local 1_aws and regulations regarding permissible investments by the Account, or any investment guidelines of the Account-, including restrictions on specific investmento, and limits investment of funds and on amountu that may be invested in a ipecific product. We furthest understand and agree that yo;, will rely on our repreocatation set fort._ above i-n Section I have reviewed atate and local laws and regulations regarding permissible investment, and any other investment guidelines, applicable to the Account. This authorization shall continue until written notice of amendment or revocation is received by you and, iti the case of such amendment or revocation, it ahall continue affective ns to transactions entered into prior thereto. This authorization shall inure to the benefit of your successors or assigns, by merger, consolidation, or othezwise. NEFILM-31 N. WOMEN jj L -0 sue' -tt Title A ce-) -- r j' ��b x <� ip � � U�o /Y odl �TY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) 860-7200 Burlington Properties, P.O. BOx 9210, So. Burl., VT 05407 2) APPLICANT (name, address, phone # ) 655-5020 Wiemann-Lamphere Architects, 30 So. Park Dr., Colchester, VT 05446 3) CONTACT PERSON (name, address, phone # ) 655-5020 Gary Lavigne ` 4) PROJECT STREET ADDRESS: 1020 Hinesburg Road 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) 1 Addition to manufacturing 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) one floor 50,000 sf, , roof 26' (match existing) max height 34' (roof top units) 8) NUMBER OF EMPLOYEES 120 existing, adding 30 --- granted 150 (1988 ) 9) LOT COVERAGE: building 3.4 %; landscaped areas 94 % building, parking, outside storage6.0 % 10) COST ESTIMATES: Buildings $ 1,127,000 Landscaping s 15,000 Other Site Improvements (please list with cost) $ 35,000 11 ) ESTIMATED PROJECT COMPLETION DATE: June 1996 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. ; 2-3 p.m. 3-4 p.m. 4-5 p.m. - 5-6 p.m. ; 6-7 p.m. 13 ) PEAK HOURS OF OPERATION: 7:00 AM to 4:00 PM 14 ) PEAK DAYS OF OPERATION: M7,day thru iday DATE OF SUBMISSION S NATURE OF APPLICANT DATE OF HEARING 6. Interest and dividends may be , J out of the Account in the following manrl. Credited to the Account PRINCIPALS: I I Burlington Properties Limited Partnership (Print naDaof Principal.), (enter any remittance instructions) In addition to the foregoing, the undersigned represent, warrant and agree that (i) they have full power, authority and capacity to execute and deliver this Escrow Letter, (ii) that the appointment of the Escrow Agent (including any subagent) and the establishment and maintenance of the Account are in accordance with all applicable laws, (iii) that the party whose taxpayer identification number is furnished below shall be responsible for reporting all interest and dividends to the IRS, and (iv) that none of the assets placed in the Account will include the proceeds of best efforts, "all or none" or other contingency underwritings. The undersigned hereby acknowledge and agree that you shall be under no duty or obligation whatsoever to ascertain the terms and conditions of any escrow agreement made by and between the undersigned and any third person or persons. Furthermore, the undersigned agree that you shall at no time be under any obligation or duty to determine the propriety of any withdrawals from the Account, by check, wire transfer or otherwise, whether made by the Escrow Agent or subagent of the Escrow Agent, and that you may conclusively rely on any and all instructions received from the Escrow Agent or subagent, whether written or oral, without notice to or prior approval of the undersigned, unless prior to receiving said instructions you shall have received actual written notice of revocation of authority of the Escrow Agent or subagent signed by each of the undersigned Principals. Should you at any time receive conflicting instructions from any of the undersigned, in addition to any rights you may have, you may, but are not obligated to, file an action for interpleader in a court of competent jurisdiction, and shall be entitled to all costs, damages and expenses, including reasonable attorneys' fees, suffered or incurred by you. In consideration of the services to be provided by you, the undersigned Principals and Escrow Agent jointly and severally agree to indemnify and hold you and your affiliates, officers and employees harmless from and against any and all claims, causes of action, liabilities, lawsuits, demands and damages, including without limitation any and all court costs and reasonable attorneys' fees, asserted against or sustained by you at any time, or in any manner, whether before of after the termination of the Account, and in any jurisdiction or venue, in any way related to your compliance with the Escrow Agent's (and any subagent's) instructions, or which may result from any of the foregoing representations which prove to be inaccurate, incomplete or untrue. If the Escrow Agent (or subagent) is a natural person, then we agree that such term shall refer to himself or herself, and if more than one natural person is the Escrow Agent (or subagent), then each may act independently. The rights, duties, responsibilities, obligations and liabilities of the undersigned Principals and Escrow Agent are as specifically set forth in this Escrow Letter and in any other applicable Merrill Lynch account documentation; no provision of any other agreement, plan or other document shall be deemed to affect such rights, duties, responsibilities, obligations and liabilities. It is expressly acknowledged by the parties hereto that your duties hereunder are ministerial in nature, and no amendment to this Escrow Letter, any other agreement, plan or other document shall increase or affect your duties, obligations, rights, responsibilities or liabilities unless specifically consented to in writing by you. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto and shall survive the termination of the Account. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ITS CHOICE OF LAW OR CONFLICT OF LAW PRINCIPLES. Note: All general partners (for each partnership involved), all members of member -run limited liability companies, or all co -owners (e.g., co -tenants, co -trustees) of each Principal and Escrow Agent must sign below. If a Principal or Escrow Agent is a corporation, then for each corporation the party's secretary, assistant secretary or equivalent must sign in the space indicated below to certify the authority of the undersigned to execute the Escrow Letter. Peter Pollak, GP a?V TKe of AuthgKzed Representative) R. Danny Kalman (Signature of Principa s orporate Secretary, Assistant Secretary or equivalent certifying the authority of the above named party to sign on behalf of the Principal) City of South Burlington (Print name of P(incipal) . , (Signature and Title of Representative) Dated /v / 31 + � , 1g 95 Title Authorized Signatory Dated ©c rod e.. '3 1 g 95 Dated ` 1995 Title C )T 1 MO "7- ISinnature of Principal's Corporate Secretary, Assistant Secretary or equivalent certifying the authority of the above named party to sign on behalf of the Principal) Dated (Print name of Principal) Dated (Signature and Title of Authorized Representative) Title (Signature of Principal's Corporate Secretary, Assistant Secretary or equivalent certifying the authority of the above named party to sign on behalf of the Principal) Dated 19 95 19 19 ESCROW AGENT(S) I hereby represent that if applicable federal, state or local law requires that escrow agents be licensed or registered in some manner, the undersigned has complied with all necessary requirements. Robert C. Roesler (P ' e of Escrow Agent) Escrow Agent Dated GD 'Z� 19 95 (Si nature and Title of Authoriz d Representative) Title (Signature of Escrow Agent's Corporate Secretary, Assistant Secretary or equivalent certify- ing the authority of the above named party to sign on behalf of the Escrow Agent) Dated 19 I hereby represent that if applicable federal, state or local law requires that escrow agents be licensed or registered in some manner, the undersigned has complied with all necessary requirements. (Print name of Escrow Agent) Dated (Signature and Title of Authorized Representative) Title _ (Signature of Escrow Agent's Corporate Secretary, Assistant Secretary or equivalent certify- ing the authority of the above named party to sign on behalf of the Escrow Agent) Dated 19 19 2 3 TAX REPORTING INFORMATION AND TAXPAYER CERTIFICATION (to be completed by the pert or by an officer of the corporation wh( Taxpayer Identification Number is shown) Name Burlington Properties Limited Partnership Check appropriate box: ❑ Individual/Sole proprietorship ❑ Corporation Partnership ❑ Other Social Security Number or Employer Identification Number: 38-2863164 I certify under penalties of perjury: (1) that the taxpayer identification number above is my correct taxpayer identification number and (2) that I am not subject to backup withholding either because I have not been notified by the IRS that I am subject to backup withholding as a result of a failure to report all interest and dividends, or the IRS has notified me that I am no longer subject to backup withholding. I understand that I must cross out item (2) above if I have been notified by the IRS that I am subject to backup withholding because of underreporting of dividends on my tax return, unless after being so notified, I have received another notice from the IRS that I am no longer subject to backup withholding. Signature: Title: GP Peter Pol ak INTERNAL USE ONLY Reviewed and Approved Resident Vice President/Resident Manager/Administrative Manager 4 Date: 10131Z 95 M FA Merrill Lynch ESCROW LETTER TO: Merrill Lynch, Pierce, Fenner & Smith Incorporated Burlington, Vermont (Merrill Lynch branch office, city and state) RE: Account Number 866-07A31 (to be assigned when the account is established with Merrill Lynch) In the name of Robert C. Roesler Escrow Agent Escrow Agent for Burlington Properties Limited Partnership and City of South Burlington, Vermont (all Principals) Nature of Funds Landscaping of Commercial Real Estate (purpose of escrow; e.g., real estate closing, property division or exchange, etc.) NOTE: For the purposes of this letter, "You" and "Your" refers to Merrill Lynch, Pierce, Fenner & Smith Incorporated. In addition, the singular shall include the plural and the plural shall include the singular. The undersigned Principals and the Escrow Agent represent, warrant and agree as follows: 1. The undersigned are parties to an escrow agreement and are the only persons with an interest in any cash, securities or I other property now or hereafter placed in the above referenced account (the "Account"). 2. The Escrow Agent (including any subagent designated by the Escrow Agent) is authorized: (a) to establish a securities account with you; (b) to enter into, make and sign any and all agreements and other account documentation in connection therewith, including agreements to compromise matters or refer matters to arbitration, and agreements to authorize you to make transfers of cash, securities or other property (as requested from time to time, or on a periodic basis); (c) to individually, without countersignature or co -signature (i) make or draw checks; (ii) give written or oral instructions, by mail, telephone, telegraph, or otherwise to you to subscribe for, buy, sell and to trade in stocks, bonds and/or any other securities, and to secure payment therefore with property that is subject to the parties' escrow agreement, including but not limited to, property in the above referenced account; and (iii) direct withdrawals or transfers of cash, securities or other property. i 3. The Escrow Agent shall be responsible for any and all tax reporting and withholding which may be required with respect to payments of income made to or for the Principals. , 4. The Escrow Agent may appoint any subagent as the Escrow Agent shall deem necessary or proper to act hereunder by a power of attorney that is satisfactory to you. Any such subagent shall be authorized to give any and all instructions that the Escrow Agent could give to you under the terms and conditions of this Escrow Letter, and under the terms and conditions of such agreement that the Escrow Agent may enter into with you in connection with the establishment and maintenance of the Account. 5. Investments (including both purchases and sales) in the Account shall be made at the discretion of the Escrow Agent (or at the discretion of any subagent appointed by the Escrow Agent) unless the Account is restricted to particular classes of investments, as follows: Money Market Investments (enter any limitations or restrictions) CODE D991 (4/95) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 9, 1995 Steve Waltien Merrill Lynch P.O. Box 637 Burlington, Vermont 05401 ZONING ADMINISTRATOR 658-7958 Re: Escrow Letter, Burlington Properties Limited Partnership Dear Mr. Watien: Enclosed is the fully executed Escrow Letter for your records. If you have any questions, please give me a call. Sincely, r Ra mo (d�J. Belair, Ra?Mo Zoning and Planning Assistant RJB/mcp 1 Encl cc: Robert E. Fletcher, Esquire City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 8, 1995 Gary Lavigne Wiemann-Lamphere Architects, Inc. 30 South Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the September 12, 1995 Planning Commission meeting minutes. If you have any questions, please give me a call. i cere y r J Weith, City Planner JW/mcp 1 Encl STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401-5210 STEVEN F. STITZEL PATTI R. PAGE* MARK B.WARD* (*ALSO ADMM D IN N.Y.) Ray Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 November 6, 1995 Re: Dynapower Corporation - Landscaping Escrow Agreement Dear Ray: OF COUNSEL ARTHUR W. CERNOSIA ROBERT E. FLETCHER Enclosed please find a fully executed copy of the Landscaping Escrow Agreement with Dynapower. I was not sure if you had already received a copy so I am sending this one along. Also enclosed please find a form of "Escrow Letter" that I received from Steve Waltien, at Merrill -Lynch. As Steve indicates, an appropriate official of the City of South Burlington (i.e, Chuck) needs to execute and date this document indicating that the City agrees to the terms and provisions hereof. Once that is done, please have the original returned to Steve Waltien and send me a photocopy. Naturally, time is of the essence. The sooner we get it signed, the better. Call with questions. /sincere , er E.,-Fletcher REF/map Enclosures SON1925.COR #3648 Stevenson F �Itien Financial t- iltant Private Client Group Courthouse Plaza Merrill Lynch 199 Main Street f P.O. t3ox fi37 It Burlington, Vermont 05402 802 660 1023 900 558 7534 FAX 802 660 1005 i G � �I NOVG B PLANNING COMMISSION 12 September 1995 page 5 Mr. Simendinger asked to continue. Mr.. Austin moved that the.application be continued until 26 Se tember 1995. Mr. Crow seconded. Motion passed unanimously. 7. Public Hearing: Revised final plat application of Wiemann- Lamphere Architects, Inc., for the construction of a 50,000 sq. ft. addition to an existing 82,700 sq. ft. light manufacturing facility (Dynapower), 1020 Hinesburg Rd: Mr.. Lavigne said this is the same plan as at sketch. The ad- dition would be one story. The will move some apple trees and will also add landscaping near the drive. New light fixtures are downcasting and have been submitted to the City Planner. The dedication for the right-of-way will be 80 ft. to match up with the former Goodrich property to the south. Mr. Burgess noted that landscaping does not meet the requirement and that the applicant is asking to count some landscaping that was added because of an earlier Act 250 requirement (110 apple trees). Mr. Burgess also noted that an antenna is located in a restricted zone. Mr.. Weith said the antenna was put in without a permit. He suggested leaving that situation for staff to deal with but said the site plan should show the antenna. Mr. Lavigne said that the antenna is temporary and will come down by December.. No other issues were raised. Mr. Austin moved the Plannina Commission approve the revised final lat a lication of Wiemann-Lam here Architects Inc for. construction of a 50,000 s . ft. addition to an existin Ir 82 700 s ft. li ht manufactur.in facilit D na ower) 1020 Hinesbur Road as depicted on a seven age set of plans a e two (Sheet Cl) entitled "Desna ower Pro osed,Addition Overall Site Plan 1020 Hinesburq Road South Burlington, Vermont" preparedby Civil En- aineerina Associates. Inc, dated Julv, 1995 last revised 8/24/95, with the followina stipulations: 1. All previous approvals and sti ulations which are not su er- seded by this a roval shall remain in effect. 2. The final plat plans shall be revised prior to recording and rior to issuance o a zonin ermit as follows: a. The surv2j.plat shall be revised so that note #3 cor- rectly references volume 176 a e 510. �► PLANNING COMMISSION 12 September 1995 page 6 b. The survey plat shall be revised to show_ an 80 foot wide r..o.w. for that ortion of Swift Street Extension located on the a licant's ro ert (from Hinesbur. Road to the Marble Bank property to the south). This 80 foot r.o.w. shall match the 80 foot r.o-w--a2Eroved on the Marble Bank ro er.t (formerlv Green Acres). c. Sheet SA-1 and the sur.vey_plat_shall be revised to show the location of the Hinesburg Road North Scenic View Pro- tection zone and all C.O. Districts. d. Sheets Cl and/or SA-2 shall be revised to show the lo- cation of existin and ro osed buildin mounted lights a_nd_ indicate which li hts will be changed to downcastin and shielded as required b condition #3. e. Sheets SA-2 and Cl shall be revised to correctly show the location of the fire hydrant at the norther) corner of the building. f. Sheets SA-2 and Cl shall be revised to correct) show the correct number of ole li hts in the,2arkja2 area. q. Sheets SA-2 and Cam' shall be revised to show the locations of the windmill tower and antenna tower. . 3 Any -new exterior li htin shall consist of downcastina and shieldiad fixtures so as not to cast li ht -bey and the ro ert line. An han e in li htin shall be a roved b the City Planner prior to installation. All existin buildin mounted lights located on the southeast side —of —the buil-EE—q shall be replaced with.downcastlaa and shielded fixtures. 4. An Offer of Irrevocable Dedication shall be approved b the City Attorneyrior to recordin which refers to an 80 foot r.o.w. for the or+_ion of Swift Street Extension located on the a lican t's ro erty,______This___1_e_2ra1 document shall be recorded prior to recordin the final lat plans. 5. The Planning Commission rants the applicant a landsca in credit of $14 800 for the 110 a le trees lanced to satisf an Act 250 requirement. 6. The a licant shall ost an 18,770 landscape bond prior to issuance of a zoning er.mit. The bond shall remain in effect for three years to assure that the landsca nq takes root and has a goodchance of surviving. 7. For the purpose of calculatin re uir.ed road im act fees under the South Burlington Impact Fee Ordinance, the Planning PLANNING COMMISSION 12 September 1995 page 7 Commission estimates that the roposed addition will gener�rate 10.05 more vte's than the number of vte'sapproved and aid for. in 1988. r. 8. The applicant shall obtain all necessary City approvals and ermits for the antenna tower prior to the issuance of a certif- icate of -occupancy for the addition. . The two trailers located in theparkinq area shall be re- ocated from the parkin area to a location a roved by -he Cit lanner prior to permit issuance. 10. The final plat plans shall be recorded in the land records within 90 -days or thisapproval is null and void. The plans shall be signed by the Plannin Commission Chair. or Clerk prior to recordin The final lat lans shall be recorded rior. to issuance of a zoninq permit. Mr. Sheahan seconded. Motion passed unanimously._ 8. Final Plat application of Germaine LeClair for subdivision of 43,579 sq. ft. of land with a single-family home into three lots of 24,569 sq. ft., 9504 sq. ft., and 9506 sq. ft., 185 Patchen Road: Mr. Morin said they made all the requested changes. They adjusted tYe lot line to accommodate the barn and put in a portion of`sidewalk. The hydrant was moved today to allow the sidewalk to,be finished. No issues were raised. Mr. Austin moved the Planninq Commission approve the final plat a location of Germaine LeClair for subdivision of 43 579 s t. of land with a amily home into three lots of 24 569 s . ft. 9 s ft. and 9 s . ft. 185 Patchen Road as de icted on the plat entitled 'Tlhal Plat Three Lot Subdivision for Germaine LeClair #185 Patchen Road So. Bur.lin ton Vermont," prepared by Vermont Land Surveyors, dated Ma 8 1995 last revised September 1, 1995, with the following stipulations: 1. All previous approvals and sti ulations which are not su er- seded by this a2proval shall remain in effect. 2. The Planninq Commmission approves 900 qpd._ r The e a on ll fee shall be zoning permit on a per. bedroom basis. a total sewer allocation of Daid or.ior to issuance of a 3. The applicant: shall construct a sidewalk alon the ro ert 's frontage in a location approved b the City En ineer. riot to City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 1, 1995 Peter Pollak, President Dynapower Corporation P.O. Box 9210 South Burlington, Vermont 05403 Re: Landscaping Escrow Agreement Dear Mr. Pollak: ZONING ADMINISTRATOR 658-7958 Enclosed for your records please find a fully executed original Landscaping Escrow Agreement. If you have any questions, please give me a call. Sinq6rely, Y Raym nd J. Belair, Zoning and Planning Assistant RJB/mcp 1 Encl cc: Thomas Heilmann MVEN P. 8711 L PAIR R, FACE, MAM B. WARD, ('AXJC ADUMM INN Y ) S TITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BtiRLINGTON, VERMONT 03401-3210 (IN) 650.1353 (VOICE/MD) FAX (802) "0-23$2 October 26, 1995 VIPs FACSIMILE Thomas F. Heilmann, Esq. Heilmann, Ekman & Assoc., Inc. P.O. Box 216 Burlington, VT 05402-0216 Re: Dynapower Corporation - Landscaping Escrow Agreement Dear Tom: OF COUNSLL ARTMUR W. CSRNO$IA "IRT 1. PLMHI lk I received your fax this afternoon of the latest draft of the Landscaping Escrow Agreement and note only a few minor changes. First, I suggest that the time period for objections in paragraph 7 be limited to seven (7) days, rather than fifteen (15) days. Certainly, Dynapower should know upon receipt of the notice of default by the municipality, or very shortly thereafter, whether or not it takes issue with that notice. in that same paragraph, I have a question about the need for the last sentence. If, by that sentence, you mean to suggest that the parties will stipulate that the time lines and notice requirements have been met so as to give the Escrow Agent comfort with respect to disbursement, I have no objection. Finally, the word "Agent" in the first line should be capitalized. Second, paragraph 9 at the end of the third line, I think you should add the word "the" before "Escrow Agent." Finally, in paragraph 12 I have three suggestions. First, in the seventh line (which begins "three-year warranty please add the words "from the Municipality's Planning Commission" following the words "to request." Next, in the next line, I suggest ending that sentence after the word "Agent," striking the words "based upon such of the 110 apple trees that have survived for a three-year period after the planting thereof." Finally, in the final sentence, strike the word "reasonably." obviously, the Planning Commission is going to - "' SnV_-: 7SZ11.:? 1p6 9 '� cnxil 96 . 9L .coo Thomas F. Heilmann, Esq. October 26, 1995 Page 2 consider any such request as it would consider any other request and that is in a reasonable manner. I have discussed these changes with Ray Bel.air and he is satisfied with the document if our suggestions are incorporated. It you cannot agree to any of the changes I have suggested, give me a call and we will discuss it further. fly . Fletcher REF/snap cc: Raymond Belair (via facsimile) 90N1914.COR CAW OPPICIS HEILMANN. EKMAN & ASSOCIATES. INC, THE CIUM KINC MOUSE 35 KINC STMET P. O. BOX 210 BURLINGTON, VERMONT 05Q2.0216 YHOMA3 F. M611MANN! CMRIMFF ICA 0, CKMAN YOM 0 SC14LODUKC octobe r 26, 1995 VIA YACXX LIL1 Robert E. Fletcher, Eaq. 8titzal & Page 171 Battery Street Burlington, VT 05401 Re: Dynapower Corporation - Landscaping Escrow Agreement Dear Bob: TUPWONE (902) U4- 0 FAX • (02) W444" Enclosed please find a revised Landscaping Escrow Agreement for your review. I believe I have made all of the changes that you requested. Please note that I have replaced paragraph 12 with a new paragraph. I will be in Chicago all day tomorrow and, therefore, would appreciate it if you would nail me today with any comments. Tf you cannot call today, please call my secretary, Lisa, tomorrow and leave a message with her. Thank you. very truly yours, Thomas r. Heilmann TFHIlb Enclosura t0 'd 969MR09 'ON XH 000 QNV NVWX3 NNVW113H 29 ; £ 1 nH1 96-2-100 1 (.^.ri' 7 =6 , 9? ., Z)P L 30yd LL 2N N0:LV3IXnAX00 96'3: fi,H,L) 56 9T 1.0Q LANDSCAKNG ESCROW AGREEMENT THIS AGREEMENT, executed in triplicate by and between BURLINOTON PROPERTIES LIMITED PARTNERSHIP, it limitod partnership, hereinafter referred to as the. ,Developer," the CITY OF SOUTH BURLINGTON, hereinafter referred to as the "Municlpality," and ROBERT C. ROESLER, hereinafter rreferred to as the "Escrow Agent." WITNESaSETUt iv ERREAS, Developer has received Site Plan approval from the Munlclpality's Planning Commission for the development of Property located at 1020 Hinesburg Road: as depicted on a Site Plan entitled "Proposed Site Km, Dynapower, 1020 Hinesburg Road, South Burlington, Vermont,* dated September d, 1995, last revised October 5, 1995 and prepared by Wiemann- Lamphere Architects, Inc. (hereinafter the "Site Plan"); and SAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure certain of the obligations of the Developer as set forth in the Site Plan approval; and Agent. WAEREAS, the Escrow agent executes this Agreement SOWY in the capacity of Escrow NOW, THEREFORE, the parties hereby covenant and agree as follows: I. Developer will, at its own expense, complete the landscaping dep; W on the Site Plan. 2. The Developer shall complete the landscaping depicted on the Site Plan no later than November 1. 1996, 3, Developez shall replace or repair any defecdvo or itrproper work or materials which may be recognized by the Municipality within three (3) years after completion of the improvements at forth in the aforementioned Site Plan. For the purpose of this Agreement, "compledon" stuall be deemed to have occurred when the Municipality has inspected and approved the construction of all the improvements required by this Agreement and issued written notice to the Developer that the construction is complete and in accordance with the aforementioned Site Plan. 4. To secure the Developer's performance of the requirements bereinabove set forth, and prior to the issuance of any zoning permit for said addition, Developer agrees that the sum of $18,770 shall be set aside, and placed with Escrow Agent, and shall be available for payment to the Municipality or to Developer in accordance with the terms herein set forth, 20 'd 3ovd 999OV98z08 ON XVd OOSSV CNV 003 NNVN113H 3ov*73z.:12 29 = S 1 tIH,L 96-R-100 G5 t7 � cnH6 . 97, r )o e 8ovd LL cN X01!V3:Kn W00 LG:tp. ^.H 56 . 9Z —00 5. If the Municipality shall Pilo with the Escrow Agent a statement that the Developer is, in the masonablo objoctays ludgmcnt of the Municipality, in default under the to mi of this Agreement, the Fs=w Agent shall, subject to the terms of this Agroernedt, PAY monies from said fund to the M i palim , in amounts rovwiaents se tf north in the afvrementivned Sitethe rCas0rmLbl0 nts Plan. aired for the Municipality► to completeD 6. The Municipality will promptly submit to the Developet A c6py Of statements files with the Escrow Agent, with a copy sent by certified contemplated by paragraph 5 which it mail to the Developer, Neither 6e Escrow Agent nor the custodiao of the finds #hall incur Any liability to the Developer on account of malting such paymtnt to the Mutli+eipality, not shell the Escrow Agent be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements, 7. The Municipality shall not file with the Escrow agent a statement of default under Section 5 hereof until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its iriteatiOn to do so and the facts upon which it believes a default gists. Developer shall have the right to reasonably object to any such statement of default provided that Developer shall make such objection, if at all, within fii.om (15) days after notice has been sent to it by the Municipality. Upon receipt of any such objection by Developer, the Municipality and Devoloper agree to meet in good faith to reasonably resolve any differences cor.cerning the statement of default. in the event the parties cannot so Agree, they shall select an independent, qualified arborist who shall hays the authority to issue a determination rraolvind fthaultigen�towthhechBsc�r�ow Agent shall contain. a certificashall be ruW and te of on the parties. Any statement of compliance with the notice nquirements required by this paragraph. 8. All monies rcicassd by the Escrow Awt W the Municipality Pursuant to paragraph S shall be used by the Municipality solely for the purpose of perfotmiing dbiigations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by �� all ba�ac Municipality In uch nt beraW mannerl be let on a y shall contractual basis, with notices to spear► complete the work most expeditiously and economically. 9, If monies are released at the direction of the Escrow Agent to the MuniaipalltY pursuant to paragraph 5 and it shall later develop that any portion of the released monies are surplus to the municipality's needs any such at the surplus rroction shall of the f undcd P.scrow by gent pursuant the �the to Escrow Agent to be held and distributed terms of this Agreement. 10. The Bscrow Agent will not refuse or daisy to make such payments to the Municipality when requested by the Municipality by the appropriate statement, 11. This Agreement shall terminate and shall be of no force or effect upon performance of all mquirements contemplated hereby, and the completion of the warranty period set forth in paragraph 3, whereupon the Escrow Agent shalt release the funds to Developer, i�n ,i ;ggVb99209 'ON Xd3 OOSSEI QNV NVWN3 NNVW1I3H 99;61 AHZ 96-8?T100 56 . 9? T �0 i 8ovd cL ON Ho iivo: vnmcoo ab 3 - 66 . 4' 'Iz)o 12. The sum of $ 1 g,770 shall be held and maintained in escrow until cer6 icatlon to the Ewrow Agent by the Municipality of the completion of the warranty period set forth In Paragraph 3; provided, however, that in consideration of the $14,$00 c"dit granted by the Municipality Planning Commission for 110 apple treys planted prior to construction of the SO 000 square foot addition to which this Landscaping Escrow Agreement applies, Develaper shall have the right after completion of the landscaping depicted on the Site Plan, and during the throe -year warranty period described in paragraph 4, to request a reduction in the sums held by Escrow Agent based upon such of the 110 apple trees that have survived fc�r a th+�ee-year period after the planting thereof. The Municipality agrees to reasonably consider a reduction in the amount held by Escrow Agent on this basis. 13. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, administrators, successors and assigns. Dated at South Burlington, Vermont this day of -- 1995. In the presence of: BORLINGTON PROPERTIES Limum PARTNERSMP By: Its Duly Authorized Agent Dated at South Burlington, Vermont this _ daY of 1995. CITY OF SOUTH BURLINGTON By: Its Duly Authorized Agent Dated at Burlington, Vermont this _ _ day of 1 1995. Robert C. Roesler, E wxow Agent nn "I ggqtbARF% 'ON Xv� b9 ; C 1 AHI 96-9?-100 '5 Envl-1 (.^.ri 1 ) 56 . 9? T DI Le,%' OFFICES HEIL\MANN, EKMAN f—',s ASSOCIATES, INC. THE CIDEON KING HOUSE 35 KINC STREET P. 0, BOX 2(u SUPWNGTON, VER ONT 05d02-0216 THOMASF HEILN1ArIN TODD D 5CML0SSBERr October 25, 1995 VIA VACSIMILS Mr. Ray Belair Planning and Zoning 575 Dorset Street So. Burlington, VT 05403 Re: Dynapower Corporation -- Offer of Dedication Dear Ray: TELErHONE �80}) 86,E 555 FkX 0 iBOJ B;•a-qty>2 Enclosed please find a copy of the Landscaping Escrow Agreement and Public Funds Account Authorization to Trade which has been executed by Burlington Properties Limited Partnership and the escrow agent. Unless I hear from you to the contrary, I will forward you the original Landscaping Escrow Agreement today for signature by the City. When you receive the original, I would appreciate it if you or someone duly authorized to sign on the City,'s behalf would execute the Landscaping Escrow Agreement in the presence of two witnesses and return same to me. Once the Agreement, executed on behalf of the City, is received by us, my client will forward the funds to the escrow agent. We are in a position to do this forthwith. If you have any questions, please feel free to call me. Very truly yours, Thomas F. Hei Mann TFH:lb Enclosures cc: Mx. Gary Lavigne LANDSCAPING ESCROW AGREEMENT THIS AGREEMENT, executed in triplicate by and between BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a limited partnership, hereinafter referred to as the "Developer," the CITY OF SOUTH BURLINGTON, hereinafter referred to as the "Municipality," and ROBERT C. ROESLER, hereinafter referred /to as the "Escrow Agent." WITNESSETH: WHEREAS, Developer has received Site Plan approval from the Municipality's Planning Commission for the development of Property located at 1020 Hinesburg Road, as depicted on a Site Plan entitled "Proposed Site Plan, Dynapower, 1020 Hinesburg Road, South Burlington, Vermont," dated September 6, 1995, last revised October 5, 1995 and prepared by Wiemann- Lamphere Architects, Inc. (hereinafter the "Site Plan"); and WHEREAS, Developer is required by said approval, at its own expense, to complete certain improvements; and WHEREAS, the parties to this Agreement wish to establish an escrow account to secure certain of the obligations of the Developer as set forth in the City approval; and WHEREAS, the Escrow agent executes this Agreement solely in the capacity of Escrow Agent. NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. Developer will, at its own expense, complete the landscaping depicted on the Site Plan. 2. The Developer shall complete the landscaping depicted on the Site Plan no later than November 1, 1996. 3. Developer shall replace or repair any defective or improper work or materials which may be recognized by the Municipality within three (3) years after completion of the improvements set forth in the aforementioned Site Plan. For the purpose of this Agreement, "completion" shall be deemed to have occurred when the Municipality has inspected and approved the construction of all the improvements required by this Agreement and issued written notice ,to the Developer that the construction is complete and in accordance with the aforementioned Site Plan. 4. To secure the Developer's performance of the requirements hereinabove set forth, and prior to the issuance of any zoning permit for said addition, Developer agrees that the sum of $18,40G Ishall be set aside, and placed with Escrow Agent, and shall be available for payment to the Municipality or to Developer, in accordance with the terms herein set forth. 7n , cccbb007f10 'nkf uN a inQcN nkip kipuv7 tiffJwu-i i aU b i , b i n-4m cR-c7- i ! n 5. If the Municipality shall entleM Escrow Agent a statement that the Developer is, in the reasonable object. e u g of the , Municipality, in default under the terms of this Agreement, the Escrow Agent shall, subje9f to the terms of this Agreement, pay monies from said fund to the Municipality, in amounts not to exceed thesonable`arnounts required for the Municipality to complete improvements set forth in the aforem,entio1ed Site Plan. 6. The Municipality will promptly submit to the Developer a copy of statements contemplated by paragraph 5 which it files with the Escrow Agent, with a copy sent by certified _.mail -to -the Developer. Neither the Escrow Agent nor the custodian of the funds shall incur any liability to the Developer on account of making such payment to the Municipality, nor shall the Escrow Agent be required to inquire into the propriety of any claim by the Municipality of default on the part of the Developer or into the use of such funds by the Municipality in completing such improvements. 7. The Municipality shall not file with the Escrow agent a statement of default under Section 5 hereof until thirty (30) days after notice has been sent by it to the Developer by certified mail, return receipt requested, setting forth its intention to do so and the facts upon which it believes a default exists. 8. All monies released by the Escrow Agent to the Municipality pursuant to paragraph 5 shall be used by the Municipality solely for the purpose of performing obligations imposed upon the Developer by that portion of this Agreement upon which the Developer is then in default. Any work to be performed by the Municipality pursuant hereto shall be let on a contractual basis, with notice to Developer, and shall be accomplished in such manner as shall complete the work most expeditiously and economically. 9. If monies released at the direction of the Escrow Agent to the Municipality pursuant to paragraph 5 and it shall later develop that a portion of the released monies are surplus to the Municipality's needs, any such surplus shall be refunded by the Municipality to Escrow Agent to be held and distributed at the direction of the Escrow Agent pursuant to the terms of this Agreement. 10. The Escrow Agent will not refuse or delay to make such payments to the Municipality when requested by the Municipality by the appropriate statement, and Developer shall have the right to reasonably object to any such requests. Unless said statement shall contain a certificate of compliance with the notice requirements of paragraph 7 of this Agreement. 11. This Agreement shall terminate and shall be of no force or effect upon performance of all requirements contemplated hereby, and the completion of the warranty period set forth in paragraph 3. 12. The initial sum shall decrease by one-third (1/3) for each year of this Agreement on the first and second anniversaries of this, Agreement, but the sum of $6,500 shall be maintained in escrow until certification to the Escrow Agent by the Municipality of the completion of the warranty period set forth in paragraph 3. rn ' r rrr4.r.nn700 1rII VLJ i 1)0(1('T-T l7Aru ATT-TT iV7 tItILI1171 -i11 i,T . F 1 117M CC-C7-i /)0 00T-25-95 WED 14:15 HEILMANN EYMAN AND ASSOC FAX NO, 6020"0644555 P,04 OCT-25-95 IED 11:37 =-25-'95 a 10141 HFILMMN MAN AND ASSOC FAX N0, 8026644655 HEEL M ' Fta }10, SOM44656 166t *—�P '� SPU DO A `VOthR"t 19 PMQ P. D4 i. 04 r ngiiftld Pa2'v a ;p mummid wipul W:4=A Papa ��iyll� ts+tscu 'ssr, uAa 'ssmnxxq 'ssq *A aE u si w Pus 'CPU% ow „p lawy* 9% R*R* vmkuavwAt ZQl'l i ZOOg Ez=zt sie/sz/ot OCT--25-1995 12:3? 60266445M 94% P.04 In —,. , -, .r nnn HIU)IN' bt7:bl I'Y) 10/25/95 12:20 U602 864 3732 DYNAPOWLf? LPj vu0iuu/ PUBLIC FUNDS ACCOUNT Merrill Lynch is hereby authorized and empowared to open and maintain an account on its books in the name of Burlington Fropertins Lixited Partnership (tha "Account") , I. FERNIGBIBLE 1XVZOUENTRJDELAYED BETTLEKZNTS we hereby certify and represent that We have reviewed those state and lacal laws and regulations regarding permissible investment*, and any other invea+tmant guidelines, applicable to the Account and that the following investments, with related delayed settlements, when specifically indicated, are pp�ermissible for the Account under such laws, regulations and inveXent guidelines. Equitias: Listed NASDAQ Foreign None a 90 'd Fred Tnooma: Corporate U.S. Governmant GNMAIFNIIA Munloipals Auseto Backed Foreign None other: Money Market Fund Y E special Instructions: SS5bb9S309 'oH XV3 DOSSH GR Kd03 WRIIN 1 ti : 01 Um SB-SZ-1.00 Gn 1� 'ON xlh.q OOSSH aNV WIrI 1 NNVO 13H 5I ; b I a3M H-H-100 OCT�25-1 +`+5 14:44 •dzn 10/i6/06 U441 ID802 sa, Me act-M-11" um om 'bb - ,goueiov7 D�YHbP0u1'rR --� ..—•... . Not i lrm Rss+M Zt. -cm on, r ana0ls we c,�tity r� ow tbU Ate' . i�4iA�� tax are the omqt no aM1ar �tTo MW to �uc ea1lalp"wbw�valL v!'tt4aw taud aOhMwt�i � � 1�41sa�eiflMl�� tdA Trades ��-r�A� C' Iv. t v loua ]La. 10 tl,. Abeftomm0 Oa an is rt tut Me ti+a w fA* do Wd uo ao� MA w M_409 IAMWIwA ism 1a Mii - =0 % 90*4"1 t9 is aas lam Ds�+our�t�tbv�� to 91 No tba% rdi�l •e we + N'tul 1 --tOwe lax gM20 = ins 10 90 `i 59ppsm % xai = W wwn NMI13" t t tot 033 56-Ve-I 0 TOTOL P.02 90 'd SSSb�HK9 'ON XHA OOSSV CNH NMI NN�0 I 3H 9 l : b l GM 96-K-100 OCT-25-95 WED 14:16 HE1!MANN EKMAN AND ASSOC FAX NO. 8028644555 P.0Y OCT-25-95 WED IQI42 ee •Ai qua. HEILMANN EKMAN AND ASSOC FAX NO, 8029844555 1ua-9 P. 07 7?7 .ipss� 40 ��o osuob 026A26yq 4q twuLless 20 62090moona X ► 3a %y;saa4 0q% oz w m%ri l rSv s,Tq,L 00-leR RUA roe . UMAIN �, 7 t ,ccxt � �, �n • City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 25, 1995 Gary Lavigne Wiemann-Lamphere Architects, Inc. 30 South Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on Sentember 12, 1.995. If you have any questions, please give me a call. f f ncere y, J Weith, Ci y Planner JW/mcp 1 Encl LAW OFFICES HEILMANN, EKMAN & ASSOCIATES, INC. P. O. BOX 216 BURLINGTON. VERMONT OS402-0216 IRREVOCABLE OFFER OF DEDICATION THIS IRREVOCABLE OFFER OF DEDICATION is made as of the 12th day of September, 1995 by and between BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a Michigan limited partnership with a place of business in South Burlington, County of Chittenden and State of Vermont (hereinafter referred to as "BPLP") and the CITY OF SOUTH BURLINGTON, Vermont (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the Planning Commission of the City approved, on September 12, 1995, a 50,000 square foot addition to be constructed on property owned by BPLP; and WHEREAS, final approval of the Planning Commission requires BPLP to make an offer of dedication to the City of a certain strip of land 80 feet in width; and WHEREAS, BPLP has consented to said conveyance to the City and to the provisions of this agreement. NOW, THEREFORE, in consideration of the City Planning Commission's final approval of the aforesaid 50,000 square foot addition on the property of BPLP and in further consideration of the sum of One Dollar ($1.00) in lawful money paid by the City to BPLP, and other good and valuable consideration, it is hereby covenanted and agreed as follows: 1. BPLP herev�ith delivers to the City its Warranty Deed conveying a strip of land for highway purposes 80 feet in width, which strip of land is centered on a 60 foot strip of land previously offered to the City by Mitel, Inc., predecessor in title to BPLP, as evidenced by an Offer of Irrevocable Dedication recorded in Volume 176 at Page 510 of the City of South Burlington Land Records. Said strip of land is more particularly described in a Warranty Deed annexed hereto as "Exhibit A." LAW OFFICES HEILMANN, EKMAN & ASSOCIATES, INC. P.O. BOX 216 BURLINGTON, VERMONT OS402-0216 2. The offer of dedication made hereby and the Warranty Deed attached hereto as Exhibit A is intended to supplement and augment the offer of dedication made by Mitel, Inc. as referenced in the immediately preceding paragraph by offering to convey a strip of land 80 feet in width as opposed to the 60 foot wide strip of land set forth in the Offer of Dedication made by Mitel. The purpose of this offer is to extend the width of the proposed roadway to 80 feet. 3. BPLP hereby agrees that the delivery of said Deed to the City is a formal offer of dedication by BPLP to the city of the conveyance described in said Deed. 4. BPLP hereby agrees further that said formal offer of dedication is irrevocable. The City may hold said Deed after delivery to it mid the offer may be accepted by the City under the terms and conditions thereof by recording the Deed at any time in the South Burlington Land Records. WHEREUPON, the undersigned have executed these presents on the day and date first above written at South Burlington, Vermont. IN THE PRESENCE OF: 7/1c' vv? -? (� ��- STATE OF VERMONT CHITTENDEN COUNTY, ss. BURLINGTON PROPERTIES LIMITED RS By:�— Its Duly Authorized Agent CITY OF SOUTH BURLINGTON By: - Its Duly Authonipd Agent At South Burlington, in said County, this Ia day of October, 1995, P -re t Po (l,4 (- , a duly authorized agent of Burlington Properties Limited Partnership, personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the Burlington Properties Limited Partnership. Before me Notary Public STATE OF VERMONT CHITTENDEN COUNTY, ss. At South�urlingt n, in said County, this day of October, 1995, �� o,— /Z , a duly authorized agent of the City of South Burlington, personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the City of South Burlington. dym.off LAW OFFICES HEILMANN, EKMAN & ASSOCIATES, INC. P. 0. BOX 216 BURLINGTON, VERMONT 05402-0216 Before me`_`,'~.c- Notary Public EXHIBIT B TO OFFE,. OF DEDICATION DATED 09/12/95 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a Michigan limited partnership with a place of business in South Burlington, in the County of Chittenden, and State of Vermont (the "Grantor"), in consideration of Ten or More Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation of South Burlington, in the County of Chittenden, and State of Vermont (the "Grantee"), by these presents does freely GIVE, GRANT, SELL, CONVEY, and CONFIRM unto the Grantee, and its successors and assigns forever, certain land and premises in South Burlington, in the County of Chittenden and State of Vermont, described as follows (the "Property"), vis: There is hereby conveyed in fee simple to Grantee, and its successors and assigns forever, a certain strip of land on the lands of Grantor herein in the City of South Burlington, Vermont. Said lands of Grantor herein referred to are all and the same land and premises as were conveyed to Grantor by Quitclaim Deed of Orchard Lake Road Properties dated December 15, 1988 and recorded in Volume 273 at Pages 265-269 of the South Burlington Land Records. Said strip of land hereby conveyed is for the purposes and use by the City of South Burlington as a public street, being an extension of Swift Street, so-called, in the City of South Burlington. Said strip of land commences at the easterly side of Hinesburg Road and the southern corner of the western boundary of the Grantor's lands. The said strip is a uniform width of eighty (80) feet and the said point of commencement is also co -terminus with and coincident to the point of commencement of an access road thirty (30) feet in width to the said lands of Grantor. Said strip of land hereby conveyed further then proceeds easterly and thence southeasterly from the said point of beginning and thence to the lands now or formerly owned by Green Acres Corporation. Said strip of land hereby conveyed is further more particularly depicted, denoted and described on a plan entitled "Burlington Properties Limited Partnership, 1020 Hinesburg Road, South Burlington, Vermont" dated May 22, 1995, last revised September 15, 1995; prepared by Trudell Consulting Engineers, Inc.; Project No. 95034-42, which Plan is about to be recorded in Volume at Page of the South Burlington Land Records. The above -described property is also shown on a plat entitled "Plat of Land of Landrum and Orchard Lake Road Properties" recorded in Plat Book 252 at Page 42 of said Land Records, which Plat shows an 80 foot wide strip. Said strip of land above described is centered on the strip of land previously conveyed by Mitel, Inc. to the City of South Burlington by Warranty Deed dated February 19, 1982 as recorded in Volume 176 at Page 519 of said land records, which deed was executed and delivered pursuant to an Offer of Irrevocable Dedication recorded in Volume 176 at Page 510 of said Land Records. The purpose of the within conveyance is to extend the width of the proposed roadway to eighty (80) feet. This conveyance is subject to all rights and restrictions of record. Reference is hereby made to the above mentioned deeds and instruments and to the deeds and records referenced therein in further aid of this description. TO HAVE AND TO BOLD, the Property, with all the privileges and appurtenances thereof, to the said Grantee and its successors and assigns, to its own use and behoof forever; And the said Grantor, for itself and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the Property, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as above stated, and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as above stated. IN WITNESS WHEREOF, Burlington Properties Limited Partnership has caused this instrument to be executed as of the day of October, 1995. IN THE PRESENCE OF: BURLINGTON PROPERTIES LIMITED PARTNERSHIP By: Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, ss. At South Burlington, in said County, this day of October, 1995, , a duly authorized agent of Burlington Properties Limited Partnership personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Burlington Properties Limited Partnership. Before me dyns.wd Notary Public LAW OFFICES HEILMANN, EKMAN & ASSOCIATES, INC. THE GIDEON KING HOUSE 35 KING STREET P. O. BOX 216 BURLINGTON, VERMONT 05402-0216 THOMAS F. HEILMANN CHRISTOPHER D. EKMAN TODD D. SCHLOSSBERG October 20, 1995 FACSIMILE TRANSMISSION 658-4748 Mr. Ray Belair Planning and Zoning 575 Dorset Street South Burlington, VT 05403 RE: Dynapower Corporation - Offer of Dedication Dear Ray: TG_EPHONE (802) 864-4555 FAX # (802) 864-4659 Enclosed please find an unsigned copy of the Warranty Deed which is Exhibit B to Offer of Dedication. I also enclose a copy of the Vermont Property Transfer Tax Return. I will forward to you the original for signature. Very truly yours, - - i , 4v Thomas F. eilmann TFH:lkm Enclosure OCT-20-95 FR I 11 :114 HE I 1 MANN EKMAN AND ASSOC FAX NO. 80286r14555 P, 02 1 EXHIBIT B TO OFFER OF DEDICATION DATED 09/12/95 WARRMTY DEED KNOW ALL MEN BY THESE PRESENTS, that BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a Michigan limited partnership with a place of business in South Burlington, in the County of Chittenden, and State of Vermont (the "Grantor"), in consideration of Ten or More Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipal corporation of South Burlington, in the County of Chittenden, and State of Vermont (the "Grantee"), by these presents does freely GIVE, GRANT, BELL, CONVEY, and CONFIRM unto the Grantee, and its successors and assigns forever, certain land and premises in South Burlington, in the County of Chittenden and State of Vermont, described as follows (the "Property"), vis: There is hereby conveyed in fee simple to Grantee, and its successors and assigns forever, a certain strip of land on the lands of Grantor herein in the City of South Burlington, Vermont. Said lands of Grantor herein referred to are all and the same land and premises as were conveyed to Grantor by Quitclaim Deed of Orchard Lake Road Properties dated December 15, 1988 and recorded in Volume 273 at Pages 2 65-2 69 of the South Burlington Land Records. Said strip of land hereby conveyed is for the purposes and use by the City of South Burlington as a public street, being an extension of Swift Street, so-called, in the City of South Burlington. Said strip of land commences at the easterly side of Hinesburg Road and the southern corner of _L LLB Gran}. is i �MAG+ mv%0 Ca 7Pi the western boundary of h �Laii�v�. J_a..�.� + _ --^ strip is a uniform width of eighty (80) feet and the said point of commencement is also co -terminus with and coincident to the point of commencement of an access road thirty (30) feet in width to the said lands of Grantor. Said strip of land hereby conveyed further then proceeds easterly and thence southeasterly from the said point of beginning and thence to the lands now or formerly owned by Green Acres Corporation. Said strip of land hereby conveyed is further more particularly depicted, denoted and described on a plan entitled "Burlington Properties Limited Partnership, 1020 Hinesburg Road, South Burlington, Vermont" dated May 22, 1995, last revised September 15, 1995; prepared by Trudell Consulting Engineers, Inc.; Project No. 95034-42, which Plan is about to be recorded in Volume at Page of the South Burlington Land Records. The above -described property is also shown on a plat entitled "Plat of Land of Landrum and Orchard Lake Road Properties" recorded in Plat Book 252 at Page 42 of said Land Records, which Plat shows an 80 foot wide strip. Said strip of land above described is centered on the strip of land previously conveyed by Mitel, Inc. to the City of South Burlington by Warranty Deed dated OCT-20-95 FRi 11:15 HE`LMANN EKMAN AND ASSOC FAX NO, 8028614555 P,03 February 19, 1982 as recorded in Volume 176 at Page 519 of said land records, which deed was executed and delivered pursuant to an Offer of Irrevocable Dedication recorded in Volume 176 at Page 510 of said Land Records. The purpose of the within conveyance is to extend the width of the proposed roadway to eighty (80) feet. This conveyance is subject to all rights and restrictions of record. Reference is hereby made to the above mentioned deeds and instruments and to the deeds and records referenced therein in further aid of this description. TO HAVE AND TO HOLD, the Property, with all the privileges and appurtenances thereof, to the said Grantee and its successors and assigns, to its own use and behoof forever; And the said Grantor, for itself and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the Property, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as above stated, and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as above stated. IN WITNESS WHEREOF, Burlington Properties Limited Partnership has caused this instrument to be executed as of the day of October, 1995. IN THE PRESENCE OF: BURLINGTON PROPERTIES LIMITED PARTNERSHIP By: Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At south Burlington, in said County, this day of October, 1995, , a duly authorized agent of Burlington Pxopert es Limited Partnership personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Burlington Properties Limited Partnership. Before me Notary Public dy nA -wd EKM1 N ANu ASSOC rAX NO. 5025e44 bh P. 04 � P VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 LEASE TYPE OR PRINT CLEARLY) SELLER'S (TRANSFEROR-3) NAME($) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY TAXPAYERIDENT Dynanower Corporate Q BUYER'S (TRANSFEREE'S) NAMLIZ City of So. Burlinqton 1020 Hin Shure land So, Burlington, VT 05403 COMPLETE MAILING ADDRF 5%5 Dorset Strle t So, Burlinqton, VT 05403 PROPERTY LOCATION (Addreae In full) • DATE OF CL( Swift Street South Bur7in ton INT�ER1EST IN PROPERTY 1. C] FEE SIMPLE 3. ❑ UNDIVIDED 1/2 INTEREST 5U. T1ME•BHARE ESTATE 7. t�❑-11 EASEMENT 2, ❑ LIFE ESTATE 4. ❑ UNDIVIDED —% INTEREST 6. 0 LEASE S. L_J OTHER _ FRONTAGE AND DEPTH a TOTALACREAGE BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALLTHAT APPLY), OR 1, 1AI NONE 5, ❑ BARN 2.0 STORE DWELLING UNITS rl 2. ❑ FACTORY 8. ❑ MULTIFAMILY WITH — ( INS-,RTa ) TRANSFERRED 10OTHER oaacnue �I 3. ❑ SINGLE FAMILY DWELLING 7, ❑ MOBILE HOME NUMeE 4. ❑ CAMNVACATION HOME 8. ❑ CONDOMINIUM WITH _ ( MEAT ) UNITS TRANSFERRED NUM0I0 CHECK WHETHERTHE BUILDINGS WERE EVER [I OCCUPIED ❑ RENTED LJ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONO) t� 1, ❑ PRIMARY RESIDENCE 3. ❑ CAMP,NACATION S. ❑OPERATING FARM 7. L COMMERCIAL Q. MOTHER roadw,3 rr--11 rr--11 DE8CR18E D! Rle 2 LI OPEN LAND 4. ❑ TIMBERLAND 6- lJ GOVERNMENT USES. ❑ INDUSTRIAL DttCPIOE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCES. ❑ CAMPNACATSON S. LJ OPERATING FARM 7. ❑ COMMERCIAL _ 9 ® OTHER r'o3dwiy rt10 r-1 adt 1 DESCRIat 2. ❑ OPEN LAND 4, ❑ TIMBERLAND 6. _} GOVERNMENT USE8. ❑ INDUSTRIAL-,._, DLOCRiaE - IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V,S.A. (AgrlCultural, Forget, Farmland of Working Farmland Tax Abatement Usa Vrlue Appralsal Programs)? ❑ Yes ® No IF TAANSFER 19 EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N and O BELOW. No. 2 TOTAL PRICE PAID FOR t PRICE RAID FOR PRICE PAID $ O PERSONAL PROPERTY $_ REAL PROPERTY f_.., IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE ENTER FAIR MARKET VALUE ON LINE O AND DESCRIBE THE CIRCUMSTANCES: TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS I f U a DATE SE1.LERACQUIRE13 1 2 1 5�_ No. 1 7 IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET ■ CONTINUE ON REVERSE S!CE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK. TOWN1CITY ACKNOWLEDGEMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND, BOOK NUMBER PAGE NO. IF REQUIRED, ACT 250 DISCLOSURE STATEMENT) LISTED VALUE 8 GRAND LIST OF 19 AND TAX PAID. PARCEL 10 OR MAP NO. SIGNED CLERK GRAND LIST CATEGORY DATE Form PT-1 (12.W) GCT-20-95 FRi 1':.I6 HEILMANN EKNAN AND ASSOC FAr{ NO, 8028614555 � I RATE SCHEDULE 1. Tax on Speclat flats Property: s• Value of purchaser's principal realdence (not to exceed $100,000) (See Instructions) ................................. . ........................ 1. a. S b. Value of property enrolled In current use program...................................................................................................................... b. S C. Value or qualified working larm............................................................................................................... ........ C. S o. Add Linos 1(a), (b) and (c)...... .................... .......................... ................................................................. 4. S s. Tax rate........................................................................................................................................... e. f. TAX due on SpecIAi RAte Property: Multiply Line 1(d) by Line 1(s)......................................................................................... f. S 2. Tax on Gonersl Rate Property: a. Enter amount from Line 0 on front of return............................................................................................ 2, a. S D. Enter amount from Lane 1(d) of Rate Schedule above ......... ......................„,, .................... b, S C. Subtract LIMA 2(b) from Lima 2(■)..............................................................................,,.....................„......_............................... c. S d. Tax rate, ........................ .. 1...............,.. .................... .........................,,,,.,...............,.............................,.,, , .,... d. e. Tax due on General Rats Property: Multiply Line 2(c) by Line 2(d)............... ... .. ................. ............................................ e. S 7. Total Tex Dus- AddLinea 1(f) and 2(s) and enter here and on Line P on hoot of return ................... ...................... ...................,, ,........ 3. S FLOOD AND SUBDIVISION REGULATIONS AND ACT 250 CERTIFICATES F. 05 Buyer($) and Salter($) certlfy As follow$: A. That they nave inveetlQatad and dtaCloead to every parry to this tranaactlon all of their knowledge ralating to flood regulations, It any, affecting the property. 5, That the Aullar(A) edViUd the buyor(s) that local and state building regulations, zoning regulations and subdivision regulatlons pertaining to the property may limit significantly the use 0 the property. C. That this transfer Is In compliance with or Is exempt from the subdivision regulations of the Agency of Natural nasource$ for the following reasons: 1. This property Is the subset of Subdlvlalon Permit No. and Is. In compliance with said permit, or 2. This property and any retained parcel Is txompt from the subdivision regulatlons because (see Inet►uctlons for exemptions): a. Parcol to be sold: Exemption Number Number of acres b Parcol retained: Exemption Numbar Number of acres Please contact the district office in your area to determine compliance with Act 250. (See map on page 26.) Selfor(s) luether cortiflas as follows: D, That this transfer of real pproperty and any development thereon Is In compliance with or exempt from to V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 2B0). for $the to, reason: 1 This neonerty Is the sublect of Act 250 Permit No. and la In compliance with acid permit, or 2. This property is exempt from Act 250 because: (list exemption number from Intiructlona) E. Tnai this transfer dopa/doat not (strike one) result in a partlllon or division of land. Note: If It does, an Act 250 Disclosure Statement must be attached to Chia return before filing with the town clerk. WITHHOLDING CERTIFICATION ❑ Buyer(p) Certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer, OR that the transfer is exempt from Income tax withholding for the following reason (check one): © 1, Setier(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. ❑ 2, BuYer(s) Certifies that the parties obtained withholding Certificate no.� from the Commissioner of Taxes In advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See Instructions for Form REW-1,) ❑ 4, Selier(s) is a mortgagor conveying the mortgaged property to a mortgagee In a foreclosure or transfer in lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CEATiPICAi ES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF oun KNOWLEDGF- SELLERfSi SIGNATURE(S) DATE BUYEA($) SIGNATURE(S) _ DATE Oy�iPOW4& CORP By Y. Preparer's Signature l �Cl1! 2 _,4. Z, Prepared by T praparer's address P.O. BOX 216, B u r l i n jLon , V T Buysr's Representative - (Print or Typa) F. Heilmann. Esq. Te1£64-4555 a copy of this return for your records. LAW OFFICES HEILMANN, EKMAN & ASSOCIATES, INC. THE GIDEON KING HOUSE 35 KING STREET P. O. BOX 216 BURLINGTON. VERMONT 05402-0216 THOMAS F. HEILMANN CHRISTOPHER D. EKMAN TODD D. SCFILOSSBERG October 16, 1995 Mr. Ray Belair Planning and Zoning 575 Dorset Street So. Burlington, VT 05403 Re: Dynapower Corporation - Offer of Dedication Dear Ray: TELEPHONE (802) 864-4555 FAX # (802) 864-4659 Per Attorney Lewbart's October 5 letter, we are enclosing the Offer of Dedication and Warranty Deed. Both documents have been executed by Burlington Properties Limited Partnership. Please have the appropriate City official execute, in the presence of a witness and notary public, the Offer of Dedication and return the completed copy to us. It is my understanding that this completes the obligations of Burlington Properties Limited Partnership/Dynapower necessary to issue a building permit for the current construction. If there is anything else that you need prior to the issuance of the building permit concerning this Offer of Dedication, please contact me. Very truly yours, 41"T "t 7)" - Thomas F. Heilmann TFH:lb Enclosures cc: Mr. Gary Lavigne (w/o enclosures) Daniel T. Lewbart, Esq. (w/o enclosures) 0 LOY' �)fl ii:kj NEIL,NA °�r,'N, FKMAN & ASSOCIATES, INC. THE (-IIC)E,-)N KING H011A 35 k.(NG STF'fET P O PDX 213 EUFU N(,TON, VEFM )NT 05402,0216 THOMA F- HtILMA'J, j CHR.15TOPHM D_ EK),V N TgDD U SCH1,75'.MN: September 12, 1995 VIA FACSIMILE Mr. Joseph weith Planning Commission 575 Dorset street South Burlington, VT 05403 Re: Burlington properties Limited Partnership Dear Joe: YELErHONE :80,Z 1,4,055 FAx • 102) 86A•4659 Enclosed please find a proposed Irrevocable offer of Dedication and Warranty Deed from Burlington Properties Limited Partnership to the City of South Burlington which I would like to you to bring with you to the Planning Commission meeting scheduled for this evening, Tf vau have any Questions, please feel free to call me. very truly yours, Thomas F. eilRL TFH:lb Enclosures IRREv CABLE OFFER OF DEDICATM THIS IRREN"O+.;ABLE OFFER OF DEDICATION is made as of the 12th day of September, 1995 by iwd bct,vet-n BURLINGTON PROPERTIES LIMITED PARTNERSHIP, a Michigan limited partnPrs'Dip with a place of business in South Burlington, County of Chittenden and State of Vern'Ont (31.`1eir-after refer:ed to as "BPLP") and the CITY OF SOUTH BURLINGTON, Vermont (herein after referred to as the "City"). WITNESSETH: WHEREAS, the Planning -Commission of the City approved, on September 12, 1995, a 50,000 square foot addition to be constructed on property owned by BPLP; and WHEREAS, final approval of the Planning Commission requires BPLP to make an offer of dedication to the City of a cert�iin strip of lend 30 feet in width; and WPIEREAS, BPI-jr- has consented to said conveyance to the City and to the provisions of this agreement. NOW, THEREFORE, in consideration of the City Planning Commission's final approval of the aforesaid 50,000 square foot addition on the property of BPLP and in further consideration of the sum of One Dollar ($1.00) in lawful money paid by the City to BPLP, and other good and valuable consideration, it is hereby covenanted and agreed as follows: 1. BPLP herewith delivers to the City its Warranty Deed conveying a strip of land for highway purposes 80 feet in width, which strip of land is centered on a 60 foot strip of land previously offered to the City by Mitel, Inc., predecessor in title to BPLP, as evidenced by an Offer of Irrevocable Dedication recorded in Volume 176 at Page 510 of the City of South Burlington Land Records. Said strip of land is more particularly described in a Warranty Deed annexed hereto as "Exhibit A." 2. The offer of dedication made hereby and the Warranty Deed attached hereto as Exhibit A is mler.&-d `T} supplement and augment the offer of dedication made by Mitel, Inc. as referenced in the iirnrrt.,dtately precMing paragraph by offering to convey a strip of land 80 feet in width as opposed to the 60 foot wide strip of land set forth in the Offer of Dedication made by Mitel. The purpose of this offer i.3 to extend the width of the proposed roadway to 80 feet. 3. BPLP h%reby agrees that the delivery of said Deed to the City is a formal offer of dedication by BPLP to the city of the .:;onveyance described in said Deed. 4. BPL..P',z;xeby agrees further that said formal offer of dedication is irrevocable. The City may hold said Deed after delivery to it and the offer may be accepted by the City under the terms and conditions tbereof by recording the Deed at any time in the South Burlington Land Records. WHEREUPON, the undersigned have executed these presents on the day and date first above written at South Burlington, 'Vermont. IN T HE PRE 01=: BURLINGTON PROPERTIES LIMITED PARTNERS141P ---- By: Its Duly Authorized Agent 08. STATE OF V1RMONT CHITTENDEN COUNTY, ss. CITY OF SOUTH BURLINGTON Its Duly Authorized Agent At South Burlington, in said County, this _ day of September, 1995, , a duly authorized agent of Burlington Properties Limited Partnership, personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the Burlington Properties Limited Partnership, Before me Notary Public WARRANTY DEED yNo*p ALL ;SEH BY THESE PRESENTS, that BURLINGTON PROPERTIES LIMITED PARTNERUHIP, a Michigan limited partnership with a place of business in South Burlirgtorl, in the County of Chittenden, and State of Vermont • (the "°G anto--") , in consideration of Ten or More Dollars paid to its full sa`isfaction by t41 CITY OF SOI TH BURLINGTON, a municipal corporation of South Burlington, in the County of Chittenden, and state of Vermont (the "Grantee"), by these presents does freely GIvU, Gig- NT, $ET,L, coNVEY, and CONFIRM unto the Grantee, and its successcr i and assigns forever, certain land and premises in South Burlington, in rho County of Chittenden and State of Vermont, described as follcws (the "Property"), vis: There is hereby conveyed in fee simple to Grantee, and its successors and assigns forever, a certain :=trip of land on the lands of Grantor herein in the City of South Burlington, `%erVOTA . Said lands of Grantor herein referred to are all and the same land and premises as were conveyed to «ralitor by Quitclaim Deed of orchard Lake Road Properties dated December 15, 1988 and recorded in Volume 273 at Pages 263--269 of the South Burlington Land Records. Said strip of land hereby conveyed is for the purposes and use by the City of South Burlington as a public street, being an extension of Swift Street, so-called, in the City of South Burlington. Said strip of land commences at the on.sterly side of Hinesburg Road and the southern corner of the western boundary of the Grantor's lands. The said strip is a uniform width of eighty (80) feet and the said point of commencement is also co -terminus with and coincident to the point of commencement of an access road thirty (30) feet in width to the said lands of Grantor. Said strip of land hereby conveyed further then proceeds easterly and thence southeasterly from the said point of beginning and thence to the lands now or formerly owned by Green Acres Corporation. Said strip of land hereby conveyed is further more particularly depicted, denoted and described on a plan entitled "ALTA/ACSM Land Title Survey Burligton Properties Limited Partnership" dated May 22, 1995, last revised , 1995; prepared by Trudel.l Concultirg .engineers, Inc. ; Project No. 95034-40, which Plan about to be recorded in Volume at Page of the south Burlington Land Records. Said strip of land above described is centered on the strip of land previously conveyed by Mitel, Inc. to the city of South Burlington by Warranty Deed dated 19 as recorded in Volume 176 at Page 519 of said land records, which deed was executed and delivered pursuant to an Offer of .irxevo;able Dedication recorded in Volume 176 at Page 510 of said Land Records. nr.rT -rnt rr 7T T7C' The purpose of the within conveyance is to extend the width of the propos<<d roadway to eighty {So} feet. This conveyance is subject to all rights and restrictions of record. Reference is her. sby made to the above mentioned deeds and instruments and to the deeds and records referenced therein in further aid of this description. TO HAVE AND TO HOLD, the Property, with all the privileges and appurtenances tLereof, to the said Grantee and its successors and assigns, to its own use and behoof forever; And the said Grantor, for itself and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the Property, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; except as above stated, and it hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as above stated. IN WITNESS `HEREOF, Burlington Properties Limited Partnership has caused this instrument to be executed as of the day of September, 1995. IN THE PRESENCE OF: BURLINGTON PROPERTIES LIMITED PARTNERSHIP By: Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, Ss. At South Bu lington, in said County, this day of September, 1995, , a duly authorized agent of Burlington Propert�.e�Limited Partnership personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of Burlington Properties Limited Partnership. dywwd Before me Notary Public ----- �.-.. rr,rT -7r.T (a_7T_1'3C STATE OF VERMONT CHITTENDEN COUNTY, ss. At South Burlington, in said County, this _ day of September, 1995, a duly authorized agent of the City of South Burlington, knowledged this instrument, by him sealed and subscribed, to be personally appeared and he ac his free act and deed and tale free act and deed of the City of South Burlington. Before me dyu..off Notary Public 9/12/95 MOTION OF APPROVAL WIEMANN-LAMPHERE, ARCHITECTS I move the South Burlington Planning Commission approve the revised final plat application of Wiemann-Lamphere Architects, Inc. for the construction of a 50,000 square foot addition to an existing 82,700 square foot light manufacturing facility (Dynapower), 1020 Hinesburg Road, as depicted on a seven (7) page set of plans, page two (Sheet Cl) entitled "Dynapower Proposed Addition Overall Site Plan, 1020 Hinesburg Road, South Burlington, Vermont" prepared by Civil Engineering Associates, Inc., dated July, 1995 last revised 8/24/95, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The final plat plans shall be revised prior to recording and prior to issuance of a zoning permit as follows: a) The survey plat shall be revised so that note #3 correctly references volume 176, page 510. b) The survey plat shall be revised to show an 80 foot wide r.o.w. for that portion of Swift Street Extension located on the applicant's property (from Hinesburg Road to the Marble Bank property to the south). This 80 foot r.o.w. shall match the 80 foot r.o.w. approved on the Marble Bank property (formerly Green Acres). c) Sheet SA-1 and the survey plat shall be revised to show the location of the Hinesburg Road North Scenic View Protection zone and all C.O. Districts. d) Sheets Cl and/or SA-2 shall be revised to show the location of existing and proposed building mounted lights and indicate which lights will be changed to downcasting and shielded as required by condition #3. e) Sheets SA-2 and Cl shall be revised to correctly show the location of the fire hydrant at the northerly corner of the building. f) Sheets SA-2 and Cl shall be revised to correctly show the correct number of pole lights in the parking area. g) Sheets SA-2 and Cl shall be revised to show the locations of the windmill tower and antenna tower. 1 3. Any new exterior lighting shall consist of downcasting and shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. All existing building mounted lights located on the southeast side of the building shall be replaced with downcasting and shielded fixtures. 4. An Offer of Irrevocable Dedication shall be approved by the City Attorney prior to recording which refers to an 80 foot r.o.w. for the portion of Swift Street Extension located on the applicant's property. This legal document shall be recorded prior to recording the final plat plans. 5. The Planning Commission grants the applicant a landscaping credit of $14, 800 for the 110 apple trees planted to satisfy an act 250 requirement. 6. The applicant shall post an $18,770 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 7. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed addition will generate 10.05 more vte's than the number of vte's approved and paid for in 1988. 8. The applicant shall obtain all necessary City approvals and permits for the antenna tower prior to the issuance of a certificate of Occupancy for the addition. 9. The two (2) trailers located in the parking area shall be relocated from the parking area to a location approved by the City Planner prior to permit issuance. 10. The final plat plans shall be recorded in the land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chairman or Clerk prior to recording. The final plat plans shall be recorded prior to issuance of a zoning permit. 2 WIEMANN LAMPHERE, ARCHITECTS COLCHESTER BUSINESS PARK • 30 SOUTH PARK DRIVE • COLCHESTER, VERMONT 05446 PHONE (802) 655-5020 • FAX (802) 655-6567 � c To: i V +JoU` �` 0✓'II v v­ Date Q ^ � � `7 Project No. of .2i 1 Project �J Cl Y\ t, Gentlemen: We are sending you the following items N herewith El under separate cover No. Description Remarks � GOT 4A-- i y of So. Burlington Items transmitted as follows: F1Approved ❑ Approved as noted Not approved ❑ Resubmit for approval Furnish corrected copies For your files Items sent by: Our messenger Your messenger class mail WIEMANN—LAMPHERE By: — W Sk L�dP 2M SETS QCP 992 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL. PATTTI R. PAGE- ARTHUR W. CERNOSIA ROBERT E. FLETCHER MARK B. WARD* DANIEL T. LEWIIART (*ALSO ADMITTED IN N.Y.) October 5, 1995 VIA FAX Thomas F. Heilmann, Esq. The Gideon King House 35 King Street P.O. Box 216 Burlington, VT 05402-0216 RE: Dynapower Corporation -Offer Of Dedication Dear Tom: I reviewed the Offer of Dedication, Warranty Deed, and Plat, regarding the 80 foot right-of-way. I also checked the land records, and reviewed the City file. Based on this review, it is my opinion that the dedication of the right-of-way is acceptable to the City as reflected in your proposed documents. However, please insert the date for the Warranty Deed referenced at the bottom of page one (1) of the proposed Warranty Deed. This date is February 19, 1982. Should have any questions, please give me a call. V truly yours D e1 T¢ew rt DTL/ cc: Ray Belair son1877.cor STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 PATTI R. PAGE - MARK B. WARD' DANIEL T. LEWBART (k Al 50 ADMITTED IN N.Y.) October 3, 1995 Thomas F. Heilmann, Esq. The Gideon King House 35 King Street P.O. Box 216 Burlington, VT 05402-0216 RE: Dynapower Corporation -Offer Of Dedication Dear Tom: OF COUNSEL. ARTHUR W.CERNOSIA ROBERT E. FLF.TCHER Thank you for your letter of September 26, 1995, which encloses the Offer of Dedication, Warranty Deed, and Plat, regarding the 80 foot right-of-way. I will review these documents, and get back to you shortly. Thank you for your kind attention. Very truly yours, el �Pe=wbart Daniel T. DTL/ cc: Ray Belair / son1874.cor #3648 PLANNING COMMISSION 22 August 1995 page 7 modifications within six months or this approval is null and void. --- - - 6. The a licant shall obtain a Certificate of Occu anc Com li- ance within six months or this approval is null and void. 7. An Chan e to the site lan shall require a roval b the South Burlington Planning Commission._ Mr. Teeson seconded. Motion asked unanimousl . 8. Sketch plan applicatiion of Wiemann-Lamphere Architects, Inc, for the construction of a 50,000 sq. ft. addition to an existing 82,700 sq. ft. light manufacturing facility (Dynapower), 1020 Hinesburg Rd: Mr. Lavigne showed the current access, loading dock and main entrance. The facility is expected to employ 150 people. There are now 120 employed. The new addition is for new equipment. They will close off one truck well and move it to the new addition. They will also continue the fire lane around the new addition. Sewage and parking are adequate. They will, however, add some handicapped spaces and a bike rack. They will also add one light over the truck access area. The color of the building siding will be matched as closely as possible. Mr. Sheahan noted the 1988 approval stipulations that rooftop aparatus must be screened. That was never done. Mr. Lavigne said the equipment is currently in a box enclosure and asked how it might be further screened. Mr. Sheahan noted that Lane Press did a very good screening job for their equipment. Mr. Sheahan also said there are some building mounted lights that are not downcasting and shielded and they project into the res- idential zone. He asked that those be downcast and shielded. Mr. Lavigne said all new lights will be shielded fixtures. Mr. Teeson asked about landscaping. Mr. Lavigne noted they had previously planted an orchard. Mr. Lavigne said they will put trees on Hinesburg Rd. and also move berms and some trees. Mr. Burgess said the Commission would reserve the right to ask for landscaping where it feels it is needed and will rely on staff comments. No other issues were raised. 9. Sketch plan application of Cupola Golf Course, Inc, to subdivide a 25.7 acre lot into 4 lots of 2.9 acres, 3.2 acres, PLANNING COMMISSION 22 AUGUST 1995 page 8 8.3 acres and 11.3 acres, 360 Spear St: Mr. Lougee said they would like to change the application to apply for a boundary line adjustment to create one lot to be merged with the Staples lot. Mr. Weith said it has to be ap- proved as a subdivision. Mr. Burgess noted that since this is a further subdivision, the applicant will have to follow the subdivision stipulations for Horizon Heights which require the road to be brought to city standard. Mr. Weith said the next step would be to prepare a new survey plat with the new boundary; then the Commission can see if there are any problems. Mr. Burgess explained the history of the area and of the provision for the road to be upgraded. Mr. Bresee asked whether this adjustment would affect the Recreation Path. He noted the Rec Path Committee has requested consideration of an easement along the Interstate boundary. Mr. Lougee asked if the Commission would consider a combined Preliminary and Final Plat hearing. Members had no problem with this. As there was no further business to come �edre the Commission, the meeting was adjourned at 10:30 p.m./ Cler City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 2, 1995 Gary Lavigne Wiemann-Lamphere Architects, Inc. 30 Souith Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 22, 1995 Planning Commission meeting minutes. If you have any ques�4 ons, please give me a call. erel Jo Weith, City Planner JW/mcp 1 Encl 1 � WIEMANN LAMPHERE, ARCHITECTS COLCHESTER BUSINESS PARK • 30 SOUTH PARK DRIVE • COLCHESTER, VERMONT 05446 PHONE (802) 655-5020 • FAX (802) 655-6567 To: Joe Wieth, planner Date_ City of So. .Burlington project Gentlemen: We are sending you the following items No. Description Remarks 3 copies of drawing C-1 and 1 sepia 3 drawings AS-2 18/95 Project No. Dynapower Items transmitted as follows: ❑ Approved ❑ Approved as noted ❑ Not approved ❑ Resubmit for approval ❑ Furnish corrected copies ❑ For your files n ❑ herewith R under separate cover Items sent by: 11 Our messenger ❑ Your messenger ❑ By: ,.,. C IV SEP 18 1995 Ch of. So. Burlington class mail WIEMANN—LAMPHERE 2M SETS QCP 992 /2/Gs �yN,a-vow � J' �-r Memorandum August 22, August 18, Page 7 - Planning 1995 agenda items 1995 Traffic: Not affected Sewer: No additional allocation needed. Lighting: Details of existing lighting was requested but not submitted. Proposed lighting consists of 21 building mounted lights with 250 watt bulbs of unknown type and locations. Details of existing lighting and missing information on the proposed lighting should be submitted and approved by the City Planner prior to permit issuance. 8) WIEMANN-LAMPHERE ARCHITECTS - ADDITION- SKETCH PLAN This project consists of the construction of a 50,000 square foot addition to an existing 82,700 square foot light manufacturing facility (Dynapower). This is an amendment to a planned unit development approved on 1/26/88 (minutes enclosed). This property located at 1020 Hinesburg Road lies within the IO District. It is bounded on the north by Lane Press and I-89, on the east by undeveloped property, on the south by the undeveloped Green Acres industrial subdivision, on the west by Hinesburg Road and several residences. Access/circulation: Access is provided by a 30 foot curb cut on Hinesburg Road. This access also provides access to Lane Press and the Green Acres industrial subdivision. A portion of this access will become a City street (Swift Street Extension) when the industrial subdivision is developed. One of the original conditions of approval was that when Swift Street Extension is built, the parking lot shall be accessed to the street and the temporary northern access be abandoned and seeded. This is shown on the plan. Another condition of the original approval required the intersection of the Lane Press/Orchard Lake driveway and Swift Street Extension be made at right angle when Swift Street Extension is built. This should be shown on the plan. Circulation is adequate. Coverage/setbacks: Building coverage is 3.4% (maximum allowed is 30%). Overall coverage is 6.1% (maximum allowed is 50%). Front yard coverage is 5.3% (maximum allowed is 30%). 7 Memorandum - Planning August 22, 1995 agenda items August 18, 1995 Page 8 Setback requirements are met. Landscaping: The minimum landscaping requirement, based on building costs, is $18,770 which is not being met. Proposed landscaping, which includes Ash and Pine, is $14,800 short of the minimum requirement. Applicant is requesting a credit for existing landscaping to make up the shortfall. Parking: A total of 100 parking spaces are required and 161 parking spaces including six (6) handicapped spaces are being provided. A bike rack is being provided. Traffic: ITE estimates that the current facility generates 81.05 vehicle trip ends (vte's) during the P.M. peak hour and with the addition to generate 130.05 vte's for a 49 vte increase. The applicant paid for 120 vte's as part of its 1/26/88 approval. No additional fee is required under the South Burlington Impact fee Ordinance for the 10.05 vte difference between vte's paid and the proposed vte's. Sewer: No additional sewer allocation needed since the sewer allocation granted at the original approval exceeds the requirement with the addition. Sidewalk: The applicant contributed to the Hinesburg Road sidewalk fund as part of the original approval. Scenic View Protection Zone: The location of the Hinesburg North Scenic View proposed addition Protection Zone is shown on the plan. is not located within this zone. Road The C.O. Zone: Portions of the property along Potash Brook and along I-89 are located in the C.O. District and this is shown on the plan. The proposed addition is not located within any C.O. District. Lighting: Existing lighting consists of 17 - 400 watt high pressure sodium lamps with downcasting and shielded fixtures on 17- 20 foot poles and nine (9) building mounted lights of unknown type and wattage. New lighting will consist of installing one (1) of these fixtures on the building. All proposed and existing building mounted lighting details should be submitted and these lights should be shown on the revised final plat. F Memorandum August 22, August 18, Page 9 - Planning 1995 agenda items 1995 Other: The revised final plat should show the locations of the two ( 2 ) towers on the property. A zoning permit should be obtained for the non -windmill tower. 9) CUPOLA GOLF COURSE, INC. - 4 LOT SUBDIVISION - SKETCH PLAN This project consists of the subdivision of a 25.7 acre parcel into four (4) lots of 2.9 acres, 3.2 acres, 8.3 acres and 11.3 acres. The 3.2 acre lot (lot #1) is to be merged with the adjacent 89-2 Realty Company property (Staples Plaza) as a boundary adjustment. A portion of the 8.3 acre lot is developed with the Quarry Hill Club. This property located at 360 Spear Street lies within the R4, R7, Cl and CO Districts. It is bounded on the north by the Burlington Tennis Club and Staples Plaza, on the east by I-89, on the south by the Horizon Heights residential development and on the west by residences along East Terrace. Access: Access to this property is provided by a private road (Quarry Hill Road) from Spear Street. This road provides access to a couple of residences, the Horizon Heights development with 77 units and the Quarry Hill Club. One of the conditions of approval for Horizon Heights required that the Quarry Hill Road "be fully upgraded to city design and construction standards in the event of: a) additional subdivision, or b) substantial further development". Another condition of this project was "that further development of the 28 acres zoned commercial shall not have access through the residential neighborhood". The lot for Horizon Heights was subdivided from the property which is the subject of this application. Access is to be provided by extending the Quarry Hill road r.o.w. to access lots #2 and #4 ending in a cul-de-sac. Lot #3 is currently accessed by the existing Quarry Hill r.o.w. and lot #1 will be merged with the adjacent property. Access is also available from a 50 foot r.o.w. to East Terrace. Lot size/frontage: The minimum lot size and frontage requirements for all three (3) districts is being met. E (Duplicate original) OFFER OF IRRE� 'ABLE DEDICATION ) This Agreement is made as of this] o *day of June, 1981, by and between Mitel, Inc., a Delaware corporation with a place of business in South Burlington, Vermont ("Mitel") and the City of South Burlington, Vermont (the "City"). WITNESSETH: WHEREAS, the Planning Commission of the City approved, on on May 6, 1981, the construction of a plant by Mitel on the Wright Farm (so-called) in South Burlington as to which Mitel is or will be the assignee of a purchase option; and WHEREAS, Mitel intends to exercise said option to purchase and to proceed with construction, all barring unforeseen events; and WHEREAS, the final approval of the Planning Commission requires Mitel to convey now to the City certain easements for water and sewer lines and other conveyances as hereafter described serving the project; and WHEREAS, Mitel has consented to said conveyances to the City and to the provisions of this Agreement; NOW, THEREFORE, in consideration of the City Planning Commission's final approval and in further consideration of the sum of One -Dollar ($1.00) in lawful money paid by the City to Mitel, and other good and valuable consideration, it is hereby covenanted and agreed as follows: 1. Mitel herewith delivers to the City its Warranty Deed conveying a pedestrian trail easement on the Wright w P i Farm (the said land to be purchased by Mitel under the option is hereafter called "the property.") of fifteen (15) feet in width. Said easement is more particularly described in said Warranty Deed; and said deed is in the form annexed hereto as Exhibit "A". 2. Mitel herewith delivers to the City its Warranty Deed conveying the following: (a) Conveyance in fee simple of a waste water Pumping station and the land underneath said station on i the property; (b) Surface easement of wav anti arracc �n4 underground sewer, water and electrical line easements joining with and under the access easement, all proceeding to and intended to serve the waste water pumping station; (c) Sewer line (force main) easement twenty (20) feet in width from the waste water pumping station easterly to a certain 8 inch, 260 foot cast iron sleeve known as the "I-89 Sleeve." (d) Underground water line easement, ten (10) feet in width, leading from a water main on the easterly side of the proposed plant leading northeasterly from the said water main to the utility and maintenance easement as set forth in sub -paragraph (b) above and thence in combination with the said utility easement to the waste water pumping station. All of the foregoing easements and the foregoing conveyance - 2 - V in fee simple are more particularly described .i-n said Warranty Deed; and said Deed shall be in the form annexed hereto as Exhibit "B." 3. Mitel herewith delivers to the City its Warranty Deed conveying various future possible sewer line easements, twenty (20) feet in width, running across the property to certain lands owned by others. Said possible easements are more particularly described in the said Warranty Deed; and said Deed shall be in the form annexed hereto as Exhibit II C 11 4. Mitel herewith delivers to the City its Warranty Deed conveying in fee simple a strip of land for the possible extension of Swift Street (in the C.ity), so-called, along and into the property. The said strip of land is more particularly described in the said Warranty Deed; and said Deed shall be in the form annexed hereto as Exhibit "D.". 5. Mitel hereby agrees that the delivery of said Deeds to the City is a formal offer of dedication by Mitel to the City of the various conveyances described in the said Deeds. 6. Mitel hereby agrees further that said formal offers of dedication are irrevocable and that each Deed constitutes a separate offer by Mitel. The City may hold each of said Deeds after delivery to it and each offer may be accepted by the City under the terms and conditions thereof by recording that particular Deed at any time in the South Burlington - 3 - r Land Records. Pale 51w WHEREUPON, the undersigned have executed these presents on the day and date first above written at South Burlington, Vermont. IN THE PRESENCE OF: MITEL, INC. Duly Authorized Agent C I T Y OF SOUTH URL I NGTON B y : (-� Duly Auth iz Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, Vermont, on this Thirtiethday of rune, 1981, personally appeared Charles A. Thweatt Duly Aughorized Agent of MITEL, INC., and he atknowledged'.,this instrument, by him sealed and subscribed, to be his frea,,.act and deed and the free act and deed of MITEL, INC. Before me, Notary Publ T c U STATE Of VERMONT CHITTENDEN COUNTY, SS. 15,ko,- At South Burlington, Vermont, on this \`ice" dayof d•t'r 1-9-8+, personally appeared,rJ� Duly Authorized Agent of the CITY �F UTH BURLINGTON, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. Before me, i� C�ot a �ry Public 4 Oat MITEL, INC., a Delaware corporation, with a place of business in jol the City of South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of - - - - - - - - - - - - - - - Ten and More - - - - - - - - - - - - - - - - Dollars paid to its full satisfaction by City of South Burlington, a municipal corporation located in 9f the City of South Burlington in the County of Chittenden and State of Vermont Grantee , by these presents, do freely (6ibe, 05ran#, clj, Tonlaq anb Tonft'rm unto the said Grantee City of South Burlington and its heirs and assigns forever, a certain piece of land in .the City of South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: There is hereby conveyed in fee simple to Grantee, and its successors and assigns forever, a certain strip of land on the lands of Grantor herein in the City of South Burlington, Vermont. Said lands of Grantor herein referred to are all and the same land and premises as were conveyed to Grantor by Warranty Deed of * dated June 22, 1981, and of record at Volume 175 Page s) 16--17 of the South Burlington Land Records. Said strip of land hereby conveyed is for the purpose and use of a City of South Burlington street, being an extension of Swift Street, so-called, in the City of South Burlington. Said strip of land commences at the easterly side of Hines- burg Road and the southern corner of the western boundary of the Grantor's said lands. The said strip is a uniform width of sixty (60) feet and the said point of commencement is also co -terminus and coincident with the point of commencement of an access road thirty (30) feet in width to the said lands of Grantor. Said strip of land hereby conveyed further then proceeds easterly and thence south- easterly from the said point of beginning and thence to the lands now or formerly owned by the Green Acres Corporation. Said strip of land hereby conveyed is further more particularly depicted, denoted and described as "Possible Location Swift Street Extension" as shown on a certain drawing numbered SP3 (entitled "Master Site Plan") and dated April 1, 1981, which is part of the Plan of Lands entitled "Mitel-Mountain View Industrial Park, South Burlington, Vermont" dated April 1, 1981, all as prepared by Trudell Consulting Engineers, Inc., which drawing is recorded in Volume 17.E , Page(s) �_, of the City of South Burlington Land Records.as,a part of said Plan as recorded in said records. This deed is executed and delivered pursuant to a certain Offer of Irrevocable Dedication by Grantor herein to Grantee. Reference is hereby made to the above -mentioned deeds, plans, drawings and documents above referred to all in further aid of this description and to the records, deeds and instruments therein referred to all in further aid of this description. This conveyance is subject to all rights and restrictions of record. All references above to drawings numbered SP3 and SP19 are to the said plans as revised to June 25, 1981. *Bernard Roy, George A. DeForge, Robert E.Boardman, David M. Boardman and I. Munn Boardman, Jr. EXHIBIT D Memorandum - Planning September 12, 1995 agenda items September 8, 1995 Page 5 This property located at 1020 Hinesburg Road lies within the IO District. It is bounded on the north by Lane Press and I-89, on the east by undeveloped property, on the south by the undeveloped Green Acres industrial subdivision, on the west by Hinesburg Road and several residences. Access/circulation: Access is provided by a 30 foot curb cut on Hinesburg Road. This access also provides access to Lane Press and the Green Acres industrial subdivision. A portion of this access will become a City street (Swift Street Extension) when the industrial subdivision is developed. One of the original conditions of approval was that when Swift Street Extension is built, the parking lot shall be accessed to the street and the temporary northern access be abandoned and seeded. This is shown on the plan. Another condition of the original approval required the intersection of the Lane Press/Orchard Lake driveway and Swift Street Extension be made at right angle when Swift Street Extension is built. This is shown on sheet SA-1. The portion of Swift Street Extension located on the applicant's property was approved as 60 feet in width in 1981 and was approved as 80 feet in width in 1988. An Offer of Irrevocable Dedication was submitted for the 60 foot r.o.w. but was not revised when the width was increased to 80 feet. Applicant should dedicate 20 �u additional feet in order to comply with the 1988 approval. the 80' -" r.o.w. should match the 80' r.o.w. approved on the Green Acres parcel to the south. The plat should be revised to show an 80' !� r.o.w. Circulation is adequate. Coverage/setbacks: Building coverage is 3.4% (maximum allowed is 30%). Overall coverage is 6.1% (maximum allowed is 50%). Front yard coverage is 5.3% (maximum allowed is 30%). Setback requirements are met. Landscaping: The minimum landscaping requirement, based on building costs, is $18,770 which is not being met. Proposed landscaping, which includes Ash and Pine, is $14,800 short of the minimum requirement. Applicant is requesting a credit for existing landscaping to make up the shortfall. The applicant planted 110 apple trees to satisfy an Act 250 requirement. These trees were above and beyond the landscaping requirement needed for the existing building. The applicant is requesting that these trees j 5 Memorandum - Planning September 12, 1995 agenda items September 8, 1995 Page 4 produce a net benefit for traffic flow the Commission may consider the criteria under Sections 21.501 - 21.504 of the zoning regulations. The applicant has updated the Traffic Impact Assessment for this project (see enclosed). The applicant should be aware that the road impact fee will be approximately $17,800. Sewer: The sewer allocation needed for this project is 1275 gpd. The applicant will be required to pay the per gallon fee prior to permit. Dumpster: A screened dumpster storage area is shown on the plan. The plan should indicate the type of screening to be used. Lighting: Exterior lighting will consist of the following: --- eight (8) 175 watt metal halide lamps with downcasting and shielded fixtures mounted on 15 foot poles. --- 12 - 400 watt metal halide lamps mounted under the canopy. --- wall washer soffit lights at south side of building of unknown type, wattage and number. This information should be submitted prior to permit issuance. The applicant submitted a point by point lighting plan which does not exceed an average of three (3) foot candles of maximum illumination at ground level. Other: The following information was requested but not submitted: --- the site plan and landscaping plan should show the entire lot. 8) WIEMANN-LAMPHERE ARCHITECTS - ADDITION - REVISED FINAL PLAT This project consists of the construction of a 50,000 square foot addition to an existing 82,700 square foot light manufacturing facility (Dynapower). This is an amendment to a planned unit development approved on 1/26/88. The sketch plan was reviewed on 8/22/95 (minutes not available). 4 Memorandum - Planning September 12, 1995 agenda items September 8, 1995 Page 6 with a value of $21,450 be used to make up the landscaping shortfall for the addition. Parking: A total of 100 parking spaces are required and 161 parking spaces including six (6) handicapped spaces are being provided. A bike rack is being provided. Traffic: ITE estimates that the current facility generates 81.05 qY vehicle trip ends (vte's) during the P.M. peak hour and with the addition to generate 130.05 vte's for a 49 vte increase. The applicant paid for 120 vte's as part of its 1/26/88 approval. No additional fee is required under the South Burlington Impact Fee Ordinance for the 10.05 vte difference between vte's paid and the proposed vte's. Sewer: No additional sewer allocation needed since the sewer allocation granted at the original approval exceeds the requirement with the addition. Sidewalk: The applicant contributed to the Hinesburg Road sidewalk fund as part of the original approval. Scenic View Protection Zone: The location of the Hinesburg Road North Scenic View Protection Zone is shown on sheets SA-2 and Cl. Sheets SA-1 and the plat should also show the location of the scenic view protection zone. The proposed addition is not located within this zone. d� The antenna structure, for which a zoning permit has not been issued, appears to be located within the scenic view protection` zone. Applicant should contact the Zoning Administrator to obtain the necessary approvals and permit for this antenna. C.O. Zone: Portions of the property along Potash Brook and along I-89 are located in the C.O. District and this is shown on the plans. This C.O. District should also be shown on the plat and sheet SA-1. The proposed addition is not located within any C.O. District. Lighting: Existing lighting consists of the following: --- eleven (11) 400 watt metal halide lamps with downcasting and shielded fixtures mounted on 20 foot poles. --- nine (9) 250 watt building mounted lights with downcasting but not shielded fixtures. 0 Memorandum - September 12, September 8, Page 7 Planning 1995 agenda items 1995 Proposed lighting consists of the following: --- one (1) 100 watt building mounted high pressure sodium lamp with a downcasting and shielded fixture.0'.11 The Planning Commission requested at the last meeting that all new building mounted lights be downcasting and shielded and all existing building mounted lights located on the southeast side of r the building be replaced with downcasting and shielded fixtures. Plan should be revised to show all building mounted lights and indicate lights which will be changed to downcasting and shielded. r' Other: =- sheets SA-2 and Cl should be revised to correctly show the location of the fire hydrant at the northerly corner of the building. - sheets SA-2 and Cl should be revised to show the correct number of pole lights in the parking area. sheets SA-2 and Cl should show the locations of the windmill tower and antenna tower. --- the two (2) trailers located in the parking area should be relocated. �- note #3 on the survey plat incorrectly references volume 178 page 510, it should be volume 176 page 510. 9) GERMAINE LECLAIR - 3 LOT SUBDIVISION- FINAL PLAT This project consists of the subdivision of a 43,579 square foot lot with a single family dwelling into three (3) lots of 9506 square feet (lot #1), 9504 square feet (lot #2) and 24,569 square feet (lot #3). Lot #3 is developed with a single family dwelling and a large accessory structure. The preliminary plat was approved on June 13, 1995 (minutes enclosed). This property located at 185 Patchen Road lies within the R4 District. It is bounded on the south by a day care center with an apartment and the Summer Woods residential development, on the west by Summer Woods, on the north by undeveloped property and on the east by Patchen Road. VJ No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 8, 1995 Gary Lavigne Wiemann-Lamphere Architects, Inc. 30 South Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, September 12, 1995 at 7:30 P.M. to represent your request. If you have any questions, please JW/mcp Encls give me a call. qceieleith, City Planner L .&NDSCAPIN4 Design and Installation LANDSCAPE MANAGEMEW Plant Noafth Programs Mowing and Fertilization CONSULTAIION Value Pngln4o ft Insurance Appraiser M 4 W PAX COVER SHEBT 670 Roosevelt 1446iy Cotheater, VT 05W TEL: (802) 893-6194 PAX: c i 893-6196 "O;00%ft- COMPANY A ATTENTTON: ':011, _, FAX NUMBER.* SBNT BY! �►''�/�t'r ARBORTEM ANC. COLCHESTER, VT FAX NUMBER 802--893-6196 MESSACR: r-. I EROSION CON"01. Hydros ling Slope Stabilization ECOLOGICAL SERVICES Watland Mhfgatlon WiWI% Enhancement is S.,fir Number of pagea, including cover sheet: Please contact_ us if you don't receive all pagersl i 4 Aug-25-95 08:49A Wolbacf ,ngineering Inc- 802 6 �5657 P_04 URCHARD LAKE LIGHT MANUFACTURIN SO. BURLINGTON, VT ormT.e,..,,.n JE1 I TYPE SA Forms Ten Yoke Mount JEH Style (Extruded) Form Ten Yoke: A co -axial mounting method utilizes a unique yoke support which appears as a floating reveal complementing the clean cut contemporary styling of the luminaire housing. Used in conjunction with Gardco's array of optical systems, diffusers, luminaire and lamp sizes. Dlstributlon Patterns Type I AAidL Type FM Type Ill Type VO IX 64'A. Fk f, ZZ M 1> i TYPE SA-JEH 191Q 480 400MH-80 PE4#141 CA4 -BRA* Ordering Information Example Prefix Size Configuration Reflector Volts tamp Finish JEH 14" 1 1 3 O FM 120 277 208 480 240 Refer to Lamp Selector NA BRA BLA - JEH 19" Lamp Selector 14" housings 19" housings SOW HPS 25OW HPS 100W HPS 250W MV 100W MV 250W MH 15OW HPS' 400W HPS 175W MV 40OW MV 175W MH 400W MH 'Supplied with ballast to operate 55 voll lamp unless specified otherwise. *SEE ENCLOSED SHEET. Prefix Size Configuration Reflector Volts Lamp Finish JEH t JEH t JEH t JEH 1 JEH 1 JEH JEH 1 Baeast VoUge Size Ps I i [-Finish refix 41 options JEH 19 1 C 120 40OMH BRA Finish: NA = Natural Anodize BRA = Bronze Anodize BLA = Black Anodize Lamp Abbreviations: MV = Mercury Vapor HPS = High Pressure Sodium MH = Metal halide 9 Options: AD = Amber Drop Diffuser CD = Clear Drop Diffuser PC = Photocell (on 480 volt, receptacte only) POLY = Poiycarbonate Lens Gardoo Lighting 2661 Alvarado St., San Leandro, Calif. 9457 Phnna415-357-69QD Aug-25-95 08:5OA Wolbach Engineering Inc. 802 6— 5657 )Specicationsfi JEH Yoke Mount General Description: Each Gardco Form Ten JEH Yoke Mount shall be a rectilinear sharp cut-off luminaire for high intensity discharge lamp(s), totally enclosed with a co -axial mounting, fitter - yoke assembly incorporating a junction box for field wiring connections; shall be rain tight. dust -tight and corrosion resistant. The lens frame assembly shall be safely retained in the closed and open positions. Reflectors and Ions frames shall be easily removed without the use of tools. Housing: Sides shall be of mitered, anodized aluminum extrusion. Tops shalt be press formed with a returned perimeter flange that shall interlock with the housing sides. Pressure injected silicone is used throughout to provide a continuous weather- proof seal, Lens Frame: The mitered extruded alumi- num frame shall retain the optically clear, heat and impact resistant, tempered flat glass in a sealed manner using hollow section, high compliance, memory reten- tive extruded silicone rubber and shall be equipped with concealed stainless steel latches and hinge pins. Aeflector Assembly: The segmented optical system shall be of homogeneous sheet aluminum, elect ro-chemically brightened, anodized and sealed. The segmented reflectors shall be set in faceted arc image duplicator patterns to achieve Types 1, III, VO and FM distributions. Reflector assemblies shall be equipped with quick disconnects. Lampholders shall be attached to reflector assemblies. Fitter Yoke Assembly: The yoke shall be fabricated from extruded rectangular aluminum tubing; and shall have welded mitered joints. The yoke shall be welded to a fitter that conforms to the cross -Sectional shape of the pole, creating a continuous pole-lo-litter profile. The fitter shall be attached to the pole with Stainless steel fasteners. Electrical Characteristics: Ballast type, lamp wattage and rated input voltage shall be as indicated on the drawings. Each ballast shall be capable of providing reliable lamp starting down to —20°F. shall nave power factor better than 0.90 and Shall be one of the following; Mercury Vapor Lamp Ballasts Regulating type —medium regulation autotransformer units shall provide *5% lamp power regulation with a t 10% variation from rated input voltage. Metal Halide Lamp Ballasts Regulating type —medium regulation autotransformer units shall provide f 10% lamp power regulation with a *10% variation Irom rated input voltage. High Pressure Sodium Lamp Ballasts Shall operate lamps within ANSI trapezoidal limits. Component to component wiring within the luminaire shall carry no more than 80% of rated current and shall be listed by UL for use at 600 VAC at 1500C or higher. Plug disconnects shall be recognized by UL for use at 600 VAC, 15A or higher. Exterior Finishes: Anodised: Each housing shall receive integral color, Aluminum Association Architectural Class I anodizing (®ura- nodl"c' or Kalcolor ')after fabrication. Specify natural. black or bronze. Labels: All fixtures shall bear UL Wet Location and LB. E.W. labels. Drop Diffuser (Optional on extruded housings only) P-05 .r it r r 7 rj, . General Description: Each diffuser assembly shall consist of a box fabricated from 31,6" thick acrylic (amber or clear) and an anodized frame equipped with (4) spring activeted latch pins, (4) drop hinges and sealed against dust, water and insects with heat -resistant gasketing. Dimensional Data JEH14 JEH19 A 14" 19" B 700 1014 C 17" 23" D 1%" 1 " Gairdoo Lighting 2661 Alvarado Sty, San Leandro, Calif. Aug- 25-95 08 : 51A Wo l back Er g i neer i ng Inc- 802 5r--9 5557 i XYURE TYPE i 4 NAME - NUMBER .. s .,.. FIXTURE SPECIFICATION& AR 1" Round (� TAMPER-PROOP FASTERU R iPIWIn-Flax hole stainless fialhood. TOP CAP --• Cast aluminum. DIFFUSER -- Clear polvurbonsle 4d LAMP ..- (By olhsrs). LOUVERS (S) — High Impact �✓ indeetlon molded polycarbonalo. LAMPHOLDEIR — Weatherproof "Orlp-Tile" porcelain. TIS -RODS (2) — 3/9" Cadmium plated steel. FiJi"ma BODY--Ssomless aluminum. 1 AR —1" O.D. x AN wall. AS --1" Sq. x .111 wall. BALLAST — NPI' encased, ANCHOR BOLTS — CodrnIUM-plated f0 3/1" N.C. x 16"xt". 4%" sink Corti. 1 1/14" tall Sgoaro ANEW60Adi* navaaa I', square CATALOG NUMBER --.—I AR Annapolis AS ASeries- Rlxturo lislghtx 30, 34, 4t 41, 34 44 Diffuser: 0 --• Polycarbon,afe Fixture Optional PRO TV + PC, Lamp Wallsges LAMPype: " M f"I S, I NZ Primary Voltagol 110 (only) I20 Fixture Finish: fig"All &tdffA . t'itlr rs • Le- M -Mercury Vapor FI . Metal Ffallde S - Hill% Prsssuer Sodium t . Incandescent REMARKS OR NOTES: 0 ,Au9-25-95 08:49A Wolbacl-t Engineerring Inc. 802 658 5657 SPECIFICATIONS 1 • HOUSING —Rugged, lightweight, corrosion - resistant die-cast aluminum housing. All external hardware Is stainless steel. Standard finish is dark bronze TOIC polyester powder. Eleven architectural colors are available as options. • OPTICS — Reflector Is specular anodized aluminum. Mogul socket Is standard. Refractor Is prismatic borosilicate glass. Lens Is sealed and gasketed to Inhibit the entrance of outside contaminants. • BALLAST— High power factor, factory -tested. Electrical components: 175/250 watt mounted on back housing; 400 watt on front cover. • INSTALLATION —Accommodates back and top Wring. Feed-thru wiring achieved by using a am condulet tee. Mounts on any flat surface. • LISTING — U.L. listed for wet locations. IF 3 to 25 Ft. Mounting Initial Lumens 14,000119,500/34,000 Lamp Life 7,S00.12,000 Hre. ORDERING INFORMATION The luminalre catalog number guide below Illustrates the variations available and establishes the components to build a catalog number for ordering purposes. To use, select the wattage, voltage and options for your requirement — then transfer the designations to the appropriate blocks, TYPE — WATTAGE WATTS WEIGHT DESIGNATION✓ Ibs/kg 175 28.3/11.93 175MP 250 27.8/12.5 250M ❑ 400 42.0/19.00 400M• ❑ 'Uses E-18 lamp only. NOTE, TWH 175 MP includes socket for universal buming and position -oriented lamp$. TWH 250 M Includes socket for universal burning lamps only, When using lamp$ requiring a position oriented socket, a P must be added to catalog number. Far. TWH 250 MP 120 VOLTAGE DESIGNATION ✓ 120 [j 208 ❑ 240 C? 277 ❑ 480 ❑ SUFFIX I DESCRIPTION --811111 Singls Fuse (120, 2" tufts) — DF Doolittle Rise M. 240. 4W aaW —Pit Photoel eft eetit, (M. 20l, W, 3 277 votts) + —OR$ Ouartx Re$Mke System —TP Tomperproof screws —VG Polycarbonate Vandal Guard` —WG Wire Guard —DMB Architectural Color, Medium Bronze — DC$ Architectural Color, Sand Stone — DCB Architectural Color, Black (Semi -Gloss) —DCC Architectural Color, Capri Blue —DCA Architectural Color. Aztec Tan — DCX Architectural Color, Garnet —DCZ Architectural Color. Citation Gold — DCW Architectural Color, White (Semi -Gloss) — DCG Amhitectural War, Gray — DCO Architectural Color, Ocher -DON Architectural Color, Natural Aluminum — EC Emergency Circuit — LS Lamp Support +Consult factory for use with tapped ballast 'Shipped as separate item NOTE: For more details, see options and accessories sheet 0.0/A JOB NUMBED APPROVAL STAMP JOB NAME ORCHARD LAKE LIGHT MANUFACTURING LOCATION SO. BURLINGTON, VT /®urHOAMA Hr-Te. Er»>w tt.taxnMG TWH M Aur— 28— 95 01 : 50P Wo l bath jEn'i veer i nr Inc. 802 �e�B 5657 P. 04 1 1 r Q r r waitrpe/ ceialog Mounting �xefray Description Lamp Type Number Position �xtu Up/Down cutoff 50W MH E5405.OG wall 112 35WHPS E5503-1 Any 60 50WHPS E5505-1 Any 62 DeepShie(ded sow MH E8405-D WallOownlighl $104 70WMH E8407.0 WalTownllght 100 35W HPS E8503"1 Any 60 50WHPS E8505-1 Any 62 70WHPS E8507-1 Wall Downlighl 64 ,900WHPT E8510-1 Wall Downlighl 66 Nate: Suffix'G' indlieales ggass lens insert is supplied. _ Voltage SUHIX Key: (AviIlabfe vollagee are Ilsled under OP1IONS) t • 120V 2.277V 3.208V 4.240V B • 347V D . Duaidap: In VS.120/277V, In Canada 50W MH .120127M 70W MH=120/347V options:(leclorydnslalled) Change Add Alter Ae,64y Description Suflix4o Suffix rQwdm 208V ballast fHPS only) 3 16 240V ballast (HPS only) 4 16 _ 277V ballast 2 16 347V ballast 6 $16 High Power Factor 3arlasl H Photocell voi_lagesulhx P12 Bronze Color Shroud as d4 Gold Color Shroud GS $¢ 71icaiMounting (Es Series only) V $10 ( Not available when both hpt and photocell supplied) lampertimol tens Fasteners 2 ;NOTE: This option is available for High Pressure Sodium only; Metal Halide fixtures are standard with a dual -tap ballast isee Voltage Suffix Key above). Accessories: (field" instilled) (Page HID 33) ay Description Catalog NumbercCe Surface Mounting Box ESB-7 P2 Pole Mounting Bracket PAS-7 _— 16 TannperproofScrewdriver TPS i Lamp included with fixture. a s 0 Meries Up/Down Cutoff The optics providecontrotled uptight and downlight with side cutoff. The E5 Series optics are also avai table for vertical mounting: add Suffix N'tocatalog number. NOTE: Suffix "G" is supplied with a glass fens insert to at low operation in the wall -mounted position. EB Series Deep Shielded Front brightness shielding is provided withcul sacrificing wide light distribution Itisldeal over entrances Up/Down Cutoff 70WHPS,10'mountingheight 50° 40' 30° 20' l0° 0' Distance In Unns of idaun�ing Heignr Mounting Mull pliers RUUD LIGHTING Deep Shielded 70W HPS.15mounting height, 2200 cd 1650 M 1 I00 cd 550 cd ao• °o° j 50° 40' 30' 20, 10, 0' am •i■eleel.tlrMt .It:lelfl�r.- elel lm V"-1. mtrd'11'MKNt/A�•:sxLSRr•:+rex �"l7RRM•_tgWOM.l.f iRARbt';, Wcw n:. Al 910n •(♦ppnlll #IMeleaF'MeI'Tq K•!1A1�!f9bYi�1F -;qyt••• V.A a!Ok i 0 - -I 2 3 4 5 D3'ance In Units of Moun!ing HeIgN Height(ft.) Multiplier 7' 204 8' 156 g 1 23 1'069 20' 25 Mounting Muliptlers Helght(fl.) Multiplier 8' 3.52 10 2.25 2. 1.5 15' 1.00 20' 0.56 25' 0— 0 3'6— This Ruud Lighting product features our Exclusive DeltaGUard l,1 Finish at No F_Ytra Cast Call (800),, 236-700W ALIC;--28-95 01 :50F WalbacFh Engineer-ing Inc. 802 F" l 5657 f Coefficients of Utilization 1 Lamp" 15OW HPS 8187041120 Fixture g Spacin A g e D E F a H 15' 6A 7.9 5.6 2.0 40.7 11.3 6.6 2.3 20' 4.6 6A 4.6 1.5 7.6 7.5 4.5 1.8 25' 3,8 5.d 4.0 4.2 SA AV 3.0 1.3 30, 3.4 5.1 3.8 1,1 3.2 3.1 2.1 1.0 35, 3.3 4.9 3.7 1.0 2.0 2.0 1,2 0.8 S/MH Ratio 3.7:1 Total Lamp Lumens 9.500 Report No. P11398 I 11 t 116" 8"x IVN+6'J calclogNumber Darcrllion Total wath 818701N20 3113 Watt Fluorescent, 120V only 54 8187021120 50W HPS, Medium Bose 66 0187031120 70W HPS, Medium Base 88 8187041120 1007V HPS" Medlum Base 130 6 1870& 120 100W MH, Medlum Base 125 SpvettieeAam and dota are cubtwct W c"nflw wl"ut noticw 15'- D H G 10'- C C 5'- B F 8 1'- A E A --.�-- Fixture Spacing - ELUAINAtES GLARE, LIGHT FOLLUDON AND LIGHT TRESPASS WITH SHARP $V CUTOFF AND NO UFLIGHT. P_03 EXTERIOR SURFACE "J.D. FLUORESCENT U.L. LESTlD WET LOCATIONS OILA33 LRNS SHARP CUTOFF DOWNLIIPNT ONLY WALL BRACKET �w CUTOFF Dwri ADDtcNANGE Ek"AMKE Units listed for 1 volt, For 277 volt change lost "120" to "277" 848704/277 Fixture Fuse o d "IFF" B18701/120/FF Tamper Proof Screws add "iTP" B18701/120/TP Photo -electric Coll I add "PEG" 101870IM2f71PEC Cast Aluminum Outlet Box add "CAD" 11318701M20tCAB For lam s included 1818701li2OA. sssw+rm GUTH L 1 0 H T I N O A SabAdtary c�p SEC,. D3a - . STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: Burlington Properties, L.P. DISTRICT ENVIRONMENTAL COMMISSION #4 APPLICATION #4C0473-5B August 22, 1995 ENTRY OF, APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, by and through its attorney, Kurt Janson, Esq., in the above -captioned matter. PRE -HEARING COMMENTS Criterion 5 - TRAFFIC Todd Ronson, Development Review Technician with the Agency of Transportation (AOT), requests the applicant to contact the AOT's Utilities Engineer, Mr. Thomas Page, at 828-2653, 133 State Street, Montpelier, VT 05633. Criteria 9(F) and 9(J) - ENERGY CONSERVATION and PUBLIC UTILITIES Stuart Slote, Demand -Side Management Specialist with the Department of Public Service will contact the applicant and provide comments to the District Commission shortly thereafter. Mr. Slote can be reached at 828-4038. Dated August 22, 1995, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources jBy AesA.Caffry CERTIFICATE OF SERVICE I hereby certify that I, Peggy Pearson of the Planning Division of the Vermont Agency of Natural Resources, sent a copy of the foregoing Entry of Appearance and Prehearing Comments regarding File #4C0473-5B (Burlington Properties, L.P.) by U.S. mail, postage prepaid, to the following: Burlington Properties, L.P. P.O. Box 9210 South Burlington, VT 05407 Gary Lavigne Wiemann,-Lamphere Architects, Inc. 30 South Park Drive Colchester, VT 05446 Margaret A. Picard, City Clerk Chair, Selectboard Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 Dated at Waterbury, Vermont, August 22, 1995 Pegg P ;/son i ; r, I State of Vermont a WATER SUPPLY AND WASTEWATER DISPOSAL Case #: WW-4-0884 Applicant: Burlington Properties, L.P. Address: P.O. Box 9210 So. Burlington, VT 05407 PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rule Effective September 10, 1982 This project, consisting of a 50,000 square foot addition to a manufacturing facility (no increase in water or wastewater generated - a maximum of 3170 gallons per day), previously approved in Public Building Permit #PB-4-1422, located off Route 116 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval. GENERAL 1. This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106 or 658-2199), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. 2. The project shall be completed as shown on the plans, Project No. 95229; "Dynapower"; Proposed Addition - Overall Site Plan; Sheet Cl; Dated July, 1995; prepared by Civil Engineering Associates, Inc., and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 3. No alterations to the building other than those indicated on the approved plan or Water Supply and Wastewater Disposal Permit, which would change or affect the exterior water supply or wastewater disposal or the approved use of the building shall be allowed without prior review and approval from the Agency of Natural Resources. Water Supply and Wastewater Disposal Permit WW-4-0884 Page 2 4. A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 5. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. 6. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. 7. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 8. All conditions set forth in Public Building Permit # PB-4- 1422 dated March 23rd, 1988 shall remain in effect except as modified or amended herein. WATER 9. The project is approved for water supply by the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. Water Supply and Wastewater Disposal Permit WW-4-0884 Page 3 SEWER 10. The project is approved for wastewater disposal by the Airport Parkway wastewater treatment facility ( a Total of 3170 gallons per day of wastewater as approved in Public Building Permit # PB-4-1422). No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this 28th day of August, 1995. William C. Brierley, Commissioner Department of Environmental Conservation By�, _ ! f_ / W liam E,,/"Zabiloski Assistant Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Act 250 Coordinator -Louis Borie Water Supply Division Department of Labor and Industry Civil Engineering Associates, Inc. w. Alterations puonc. q 995 Contractors are invited to bid on the alteration of the Washington Apartments T Heating System, located f at 14 Washington Street, Barre, Vermont. The Washington Apartments is a five story, 53 unit, fully occupied, elderly housing complex. Bids documents may be obtained at Drive, South Etc., Joy Burlington, Vermont for a fee of $30.00 after 12:00 Noon on August 28th. A bid bond of 5 % percent will be required. A perfor- mance and Payment Bond will also be required for this contract. A Pre Bid site inspection will be held on September steer 1, at 2:00 pm. ested contractors are urged to attend the Pre Bid inspection and meet in front of the building. All bids must be received by September 7, 1995 by 4:00 pm. at the office of the Barre Housing Autho ruty located at 455 No. Main Street, Barre, Ver- mont. The Owner reserves the right to reject any and all bids and to waive any informalitles or irregular - ties in the bidding. The Barre Housing Au- thority is an Equal OP and tunity Employer encourages Woman Owned Businesses and Minority Owned Business- es to apply. ugust 26. 1 PUBLIC NOTICE here will be a public Orum to discuss a pro- posed enhancement grant being sought for m- provement to Camels Hump Access Road. Place: Town Office -Down- stairs: Time: 7:30 PM: Date: Wednesday, August 30, 1995. August 26, 1995 PUBLIC NOTICE SOUTH BURLINGTON PLANNING COMMISSION �eY9 following the date of the adoption of the ordinance by the legislative body. The following is a sum- mary of the contents of the ordinance: ARTICLE I - Definitions ARTICLE II - Scope ARTICLE III - Traffic Control Devices ARTICLE IV - Speed Regulations ARTICLE V - Stop and yield Intersections ARTICLE VI - Winter Parking Regulations ARTICLE V I -Loaded Vehicles ARTICLE VIII - General Provisions The South Burlington Planning Commission o mheanngwill at hold a public the South Burlington City Hall, Conference room, 575 Dorset VermontSouth Burlington, on Tuesday, September 12, 1995, at 7:30 PM to con- sider the following: 1) Consider appeal of Century Partner Limited Partnership of the Zoning Administrator's denial of a sign application 100 Dorset Street. 2) Revised final plat appli- cation of Wiemann-Lam- phere Architects. Inc. for the construction of a. 50,000 square foot addi- tion to an existing 82,700 square foot light manufac- turing facility (Dynapow- er), 1020 Hinesburg Road. 3) Final plat application of Auggust 26, 27, 28, & 29, Thomas Chastenay for a 1995 bounsary line adjustment NOTICE OF PUBLIC between two (2) lots in - SALE OF PERSONAL volvingg 0.97 acres of land, PROPERTY 114-116 Kirby Road and Notice is hereby given 615Airport Parkway. that the undersigned will sell to satisfy lien of own- 4) Final plat application of er, at public sale by Germain LeClair for sub - closed biddingg on Sep- division of. 43,579 square tember 09, 1995 at 10. 0 feet of land with a single a.m. at Extra Space Stor- family home Into three (3) agge, facility located at 15 lots of 24,569 square feet, W'tlliston Rd., Williston, Vt. 9,504 square feet and the personal goods 9,504 square feet, 185 stored therein by the fol- Patches Foad. lowing application Elizabeth Abustan Copies of the Bernadette Ryback are available for public Douglas Jones inspection at the south Robert Snyder Burlington City Hall. Frederick McGuire Jr. Christopher Hough- any. Bea SOUL bdrr ary vac< chile sch lege Not 61: SHI Na i far sal The full text may be viewed at the Town Clerk's Office during reg ular business hours. Questions may be di- rected to the Administra- tive Aide at 4930 Main Road, Huntington, VT 05462 or by calling 434-4779, Barbara Breen, Administrative Aide. August 26 & 27, 1995 ton Purchases must be made with cash only and paid for at the time Of sale. All items to be removed from the unit at time of pur- chase. A $50.00 deposit will be made and re- funded after unit has been broom. cleaned. We re- serve the right to accept or reject bids. In ne, be Mc ov. Gr de * * * P ADVERTISING r WITH STARS c IS LIKE PUTTING YOUR NAME IN LIGHTS TOWN OF UNDERHILL ZONING BOARD ADJU:TMENT HEARING The Underhill Zoning Board of Adjustment will hold a pubMondalic hearing on tember 995 at 7:30 p.m- n the ' Underhill Town Hail with the following agenda. 7t30 - The request of Andy & Susan Grab of Winooski, VT for a vari- ance from the setback William Burgess, Chair- requirement for stream man bank development. The South Burlington property (IS063) is in the Planning Commission Rural esidential Agricul- tural district. This reques, comes under Chapter IX Section L of the Underhil Zoning Regulations. August 26, 1995 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Re ggulations and Chapter 117, Title 24, South Burlington Zoning Board of Adjustment will hold a public hearing at S uth Burlington mu - August 19 & 26, 1995 the o Confer- nicipal Offices, _ Need to sell Your cart Olve us a call at afla-3321. erica Room, 575 Dorset Street, South Burlington, S PUBLIC HEARING The Burlington Planning Vermont on Monday, tember 11, 1995 at 7: the fol- Commission will hold a P.M. to consider public hearing on Septem- ber 14, 1995, at 7:30 p.m., lowing: Appeal of Veve Asso- Rafael Veve seek- in Contois Auditorium, Hall to hear public Cityf ciaates, in a variance Section 25.00 Density re - comment on the request Sandra North, Inc., for quiremgents of the South la- of final plat approval to con- residential Burlington ZoningReg tions. Request is for per struct eleven units while retaining the mission to const4 ctr an four ( ) existing home as a duplex for a total of thirteen resi- additional dential units at Dorset r a Iotaits dential units. Located at Common, 09 one a Information on this appli cation is available in the Town Clerk's Office an, comments may be mad, in writing prior to or at th hearing. Reasonable ac commocfations will b made for those reques ing hours in advanceOf ill least ttt- hearing. Mary Fell, Clerk Underhill Zoning Board Adjustment August 26, 1995 ,,fold the First NY hear this every day successful advertise Free Press Classifl+ work. Call us at 4aa 33 We can he1P You m° your ad work. ABSO� FREE .�.� PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, September 12, 1995, at 7:30 PM to consider the following: 1) Consider appeal of Century Partner Limited Partnership of the Zoning Administrator's denial of a sign application for 100 Dorset Street. 2) Revised final plat application of Wiemann-Lamphere Architects, Inc. for the construction of a 50,000 square foot addition to an existing 82,700 square foot light manufacturing facility (Dynapower), 1020 Hinesburg Road. 3) Final plat application of Thomas Chastenay for a boundary line adjustment between two (2) lots involving 0.97 acres of land, 114-116 Kirby Road and 615 Airport Parkway. 4) Final plat application of Germain Leclair for subdivision of 43,579 square feet of land with a single-family home into three (3) lots of 24,569 square feet, 9,504 square feet and 9,504 square feet, 185 Patchen Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess, Chairman South Burlington Planning Commission No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 18, 1995 Gary Lavigne Wiemann-Lamphere Architects, Inc. 30 South Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 22, 1995 at 7:30 P.M. to represent your request. If you have any questions, please JW/mcp Encls g' me a call. Si cerel , J Weith, Ci y Planner L-0 2 < AG(-NCY Oi NAl URAL RESOURCES (ANN) AND ENV!RONMEN'(AL BOAkl) (AC; 12W) w JEC AEh'mt-F-s PROJEC-r REVIEW SHEETPeAI,00 4 PPP rfJAt REs poA1SE. AA-M ; i.t C c 8 -anQ OWNER OF PROJECT SITE: NAME&ai�/(�rd� 1%�Q/�fiQY f ADDRESS: P,aAi[ e�/d_ APPLICANT OR REPRESENTAT ,IV �E: NAME: �DW4hkIE-B-____1 ADDRESS: TELEPHONE: dad D I TELEPHONE _..a ,...:.,L-.mof,nn nmvifiM by GaA 8A!_1L_,dt_ _.... a project was reviewed on a tract/tracts of !and of ___ acre sated on �Qho� os�cc( I&Av, a cL a dd;.&&T_ w.� G l��t.''p-�- •j s; sod s: � �1 "o �l l�.bcc/Suet-�- Prior Permits From This Office: - - /1/� ?3 - L/ 3a G PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION. ANY NOTIFIED PARTY OR INTERESTED PERSON AFFECTED BY THE OUTCOME MAY APPEAL TO THE ENVIRONMENTAL BOARD (ACT 250) WITHIN 30 DAYS OF THE ISSUANCE OF THIS OPINION (10 V.S.A. SEC_ 6007(C)). Commercial, residential or municipal project? Length of newlimproved roads) Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES NO; Copies sent to Statutory Parties: YES COMMENTS: SIGNATURE: �'4—Q_DATE:l�lCi> (asp *�DistrictCaordinator Telephone NV 2. WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: `--YES NO Water Supply & Wastewater Disposal Subdivision Wor.Exemption ____ Deferral of Subdivision TentlTravel Trailer CampgM::nd Mobile Home Park ,',,�; , G NG , 14SS1 N E 4 AGENCY 0€ NATURAL RESOURCES I DEPT. Of ENVIRONMENTAL CONSERVATION SIGNATURE: DATE: -7 f' ll ADDRESS: III WEST STREET Environmental ssistance Division f ESSEX JUNCTION, VT 05452 Wastewater Managernent Division Telephcne: % �� lL'Sl cQ ✓_ THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERN11TS YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3,622) Contact Stormwater ermits Discharge Permit; pretreatment permits: industrial, municipal p Indirect discharge permit Residuals management sludge disposal ,� (OVER) OTHER PER&SiTS YOU MAY NEED: (Coot )l) 4_ AIR POLLUTION CONTROL DIVISION, ANR (802-241-3840) Contact. Constructioolmodification of source V1/rite oil burning Opcn Burning Fumace Boiler Got Iversio!011staflatloll lndustna! Process Air Emissions Diesel Engines (> 200 bl 5. WATER SUPPLY DIVISION, ANR (802-241-3400) Contact: Underground injection control (Floor Drains) Well head protection areas Bottled Water Construction Permit, water system improvements Permit to operate New Source 6. WATER QUALITY DIVISION, ANR Hydroelectric Projects (241-3770) Shoreland encroachment (241-3777) Wetlands (241-3770) Stream Alteration (748-87871786-5906) 7. WASTE MANAGEMENT DIVISION, ANR Underground Storage Tanks (241-3888) Asbestos disposal (241-3444) Composting facilities (241-3444) Disposal of inert waste, untreated wood & stumps (2411-3444) Contact: Use of chemicals in State waters(241-3777) Aquatic nuisance control (241-3777) �r Section 401 Water Quality Certificate; (241-3770) Water Withdrawal (241-3770) Contact: Hazardous waste treatment, storage, disposal facility certificate (241-3888: Hazardous waste handler notification requirement (241-3888) Lined landfills; transfer stations, recycling facilities„drop off (241-3444) HW transporter certificate (241-3888) 8- PUBLIC FACILITIES, ANR (802-241-3737) Contact: Dam operations (greater than 500,000 cu. f -)(241-3444) Municipal water/sewer 9. POLLUTION PREVENTION HOTLINE (1-800-974-9559) RECYCLING HOTUN€ (1-800-932-7100) 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: . Nongame & Natural Heritage program (Threatened & Endangered Species) Stream Obstruction Approval 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# Construction Permit fire prevention, electrical, plumbing, access _ Storage of flammable liquids, explosives _ Plumbing in residences served by public water/sewer with 10 _ or more customers Boilers and pressure vessels Elevators LP Gas Storaae 12. DEPARTMENT OF HEALTH (800-439-8550) (Lab 800-660-9997) Contact: Food, lodging, bakeries, food processors Program for asbestos control & lead certification Children's camps Hot Tub Installation & Inspection - Commercial 13. AGENCY OF HUMAN SERVICES Child care facilities (241-2158) Nursing Homes (241-2345) Contact: Residential care homes (241-2345) (Dept. of Aging & Disabilities) Therapeutic Community Residence (241-2345) 14. AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-2049) Signs (Travel Information Council) (828-2651) Railroad crossings (828-2760) Airports and landing strips (828 2833) Development within 500' of a limited access highway (828-2653) Construction within state highway right -of way (Utilities, Signs, etc_) (828-2653) t5_ DEPARTMENT OF AGRICULTURE Use/sale of pesticides (828-2431) Milk processing facilities'(826=2433)1 Golf courses (828-2431) Green Houses/Nurseries (828-2431) Contact: Slaughter houses, poultry processing (828-2426) Animal shelters/kennels (828-2421) Weights and measures, Gas Pumps, Scales (828-2436) Retail Sales/Milk/Meat/Poultry/Oleo/Class "C" Pesticides (828-2436) 16_ PUBLIC SERVICE BOARD (802-828-2358) Hydro projects Sells water to 1 or more persons 17, DIVISION FOR HISTORIC PRESERVATION (802-i?28-3226) _ Historic buildings Archeological sites 18_ DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) _ Liquor licenses General Into (1-800-642-3134) 19. SECRETARY OF STATE (1-602-828-23G6) ____ Business registration Professional Boards (1-800-439-8683) 20. DEPARTMENT OF TAXES (802-828-2551) Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercal vehicle Franchise tax/solid waste LOCAL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 23. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS, BLDG 10-18, CAMP JOHNSON, COLCHESTER, VT 05446 (655-0334) OTHER: ACT 250 MUNICIPAL IMPACT QUESTIONNAIRE Applicant to Complete: Applicant Name: Burlington Properties, L.P. Municipality: City of South Burlini-Iton Title and Date of Site Plan Reviewed: Town Manager, Department Heads, or Equivalent to Complete: a. Does the municipality have the capacity to provide the following services without unreasonable burdens for the above project: Fire Protection? k--V�es or _no Police Protection? f es or no Rescue Set -vice? c,-'ves or Solid Waste Disposal? _no 1;�Ves or _no Road Maintenance? eyes or _no b. If "no", what are the deficiencies? L If the service is unavailable from the municipality, who provides the service so that the town doesn't have d. Would the deficiencies occur without this project'? _yes or _no? If "no", what measures can the applicant take to alleviate the deficiencies? e. If the deficiencies are conunon to many pro iects, does this project create burdens which are disproportionate to the taxes and user fees to be paid to the municipality? _yes or _no? If "yes", does the municipality recommend the imposition of an impact fee or other means to nutigate any unreasonable burdens? I certify that the above information is true and accurate o the est of n14 kn ne. Name <C-s Position Date Are y vailable, after sufficient notice, to answer questions related to the above statements at an ct 250 hearing? _ es or _no? CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record Burlington Properties, P.O. Box 9210 South Burlington, VT 05407 Tele: 860 7200 b . Applicant same c. Contact Gary Lavigne, Wiemann-Lamphere Architects, Inc. 30 South Park Drive, Colchester, VT 05446 655-5020 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). 3) Addition to existing Dynapower Corporation facility located @ 1020 Hinesburg Road, So. Burlington, VT Applicant's legal interest in the option, etc. Owner property (fee simple, 4) Names of owners of record of all contiguous properties See attached list 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. See Site Plan 1 1 3 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant Burlington Properties 2 ) Name of Subdivision Dynapower Corporation 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application none 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: none 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and apntaining 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 sudivision and under Section 204.1(b) f ma' subdivision. (Sig e) licant or contact person Date SCHEDULE E Adjoiner Information Submit with the application a list of all adjoining landowners with mailing addresses. An "adjoiner" is a person or organization which owns or controls land or easements on lands which physically abut the tract or tracts of land on which your project is located. Be certain to include landowners on the opposite sides of highways, railways, and rivers (unless you can prove the highway is owned in fee by the state of municipality). Also include homeowner associations, utility companies, and others with significant legal interest in the project land. It is very helpful if you indicate the location of each adjoiner on your site plan. If you do not provide a list which is thorough and up-to-date, your application could be delayed because of improper notice distribution! NAME MAILING ADDRESS WITH ZIP CODE K. & M. Wright 900 Hinesburg Road, Box 2096, So. Burl., VT 05403 L. & S. Wiles 42 Longmeadow Drive, Shelburne, VT 05482 R. & A. Painter 1060 Hinesburg Road, So. Burl., VT 05403 Green Acres (Ralph Goodrich) P.O. Box 2123, So. Burl., VT 05403 L. & R. Coffin 1100 Hinesburg Road, So. Burl., VT 05403 Landrum 178 Harbor Road, Shelburne, VT 05482 i i) �ITY OF SOUTH BURLINGTON SITE PLAN APPLICATION OWNER OF RECORD (name, address, phone # ) 860-7200 Burlington Properties, P.O. BOx 9210, So. Burl., VT 05407 2) APPLICANT (name, address, phone # ) 655-5020 Wiemann-Lamphere Architects, 30 So. Park Dr., Colchester, VT 05446 3) CONTACT PERSON (name, address, phone # ) 655-5020 Gary Lavigne 4) PROJECT STREET ADDRESS: 1020 Hinesburg Road 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) t Addition to manufacturing 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) one floor 50,000 sf, , roof 26' (match existing) max height 34' (roof top units) 8) NUMBER OF EMPLOYEES 120 existing, adding 30 --- granted 150 (1988 ) 9) LOT COVERAGE: building 3.4 %; landscaped areas 94 building, parking, outside storage6.0 % 10 ) COST ESTIMATES: Buildings $ 1,127,000 , Landscaping $ 15,000 Other Site Improvements (please list with cost) $ 35,000 1 1 ) ESTIMATED PROJECT COMPLETION DATE* June 1996 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 P.M. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13) PEAK HOURS OF OPERATION: 7:00 AM to 4:00 PM 14) PEAK DAYS OF OPERATION: Monday thru Friday DATE OF SUBMISSION DATE OF HEARING SIGNATURE OF APPLICANT City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 2, 1995 Gary Lavigne Wiemann-Lamphere Architects 30 South Park Drive Colchester, Vermont 05446 Re: Addition, 1020 Hinesburg Road Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with revised plans and or additional information, if appropriate no later than Friday, August 11, 1995. If you have any questions, please give me a call. Sinc ely, Ra and J. Belair, Zoning and Planning Assistant RJB/mcp Encls Preliminary Comments - Planning August 22, 1995 agenda items August 3, 1995 Page 2 --- the street shown as East Terrace is really Spear Street. Plans should be revised to show the correct name. CUPOLA GOLF COURSE, INC. - 4 LOT SUBDIVISION - SKETCH PLAN --- plan should show access to the 2.9A., 11.3A. and 3.2A lots. -- lots should be numbered. --- the plan should show the Conservation and Open Space District boundary along the interstate (see Section 3.101 of the zoning regulations). The 2.9 acre lot is basically undevelopable. --- the legend identifies the zoning boundary lines as right-of- way or easement lines, this should be corrected. --- zoning boundary lines do not appear to be correctly depicted, consult with planning office for correct locations. --- staff is concerned with possible future ramifications of approving this subdivision. If loans are defaulted, it could end up with four different owners wanting to develop. Access needs to be considered, possible city street, etc. WIEMANN-LAMPHERE ARCHITECTS - ADDITION - SKETCH PLAN --- provide number of company vehicles operating from the premises. --- landscaping proposed is $14,800 short of the $18,770 minimum requirement. --- sheet Cl should show handicapped spaces. --- sheet Cl should show boundary of view protection zone. --- provide front yard coverage information. --- plan titles should include street address. --- indicate height of light poles. --- show location of proposed building mounted light. --- show screened dumpster locations, if any are existing or proposed. --- show location of Airport Approach Cone on sheet SA-1. --- show 150 foot wide C.O. Zone along interstate r.o.w. --- the revised final plat must include a perimeter survey including meeting all the information requirements under Sections 203.1 and 204.1 of the subdivision regulations. K M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: August 22, 1995, agenda items Date: August 3, 1995 QUARRY HILL CLUB - EAST TERRACE - I-89 1. The City of South Burlington has a small parcel of adjacent land. It should be shown on the plan. 2. There exists a 60 foot r.o.w. adjacent to Dooley property to this parcel. It should be shown. 3. There exists water and sewer easements across this parcel from the Williston Road direction. They should be shown on the plan. DYNAPOWER CORPORATION- HINESBURG ROAD Preliminary site plan is acceptable, however, final plan shall include site drainage, etc. TIMBERLAKE ASSOCIATION - EXXON STATION - WILLISTON ROAD 1. It is recommended that a 3 foot grass strip be provided between the sidewalk and curb at the intersection of East Terrace and Williston Road. This is mainly because of snow removal. 2. Plans are well done and are acceptable. INS BUILDING - KIMBALL AVENUE Plan prepared by T.J. Boyle and Associates dated July 20, 1995 are acceptable. TO: South Burlington Planning Commissioin FROM: Wallace Possich, Fire Chief 4 DATE: July 28, 1995 RE: Plans Review for August 22, 1995, Meeting I have reviewed the following site plans and my comments are as follows: 1. Dynapower Hinesburg Road Dated 7-21-95 Project No. 94053 Fire Lane (access) is needed on south side of addition. Also one hydrant needs to be installed on south side, and one should also be added on existing water line at northeast area of building; Otherwise Acceptable. 2. Quarry Hill Club Spear Street Acceptable 3. Timberlake Associates Williston Road Acceptable Dated 7-17-95 Dated 7-14-95 } State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD August 7, 1995 Burlington Properties, L.P. P.O. Box 9210 South Burlington, VT 05403 Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 Subject: WW-4-0884 ; Dynapower Corporation Change from 55000sf to 50000sf add to exist, bldg. no inc in employees mun.w/s 80 acres located Off Route 116 in South Burlington, Vermont. We received your completed application for the referenced permit on 07/28/95, including a fee of $100 paid for by Check Number 1515. This application falls under the Water/Wastewater: Less than 500 GPD Program Area, and under the Performance Standards for this program area, we have 30 days of 'in-house' time for our review of your application. The information contained in your application has been forwarded to the Permit Specialist and an Act 250 District Coordinator. If not included with this letter, a Project Review Sheet will be sent under separate cover. A Project Review Sheet indicates other State agencies and departments you should constact regarding additional permits or approvals you may need under their programs. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563 for Chittenden, Franklin, Grand Isle and Addison Counties. If you have questions relating to other department and agency jurisdictions, you can reach the Permit Specialist at this office. If you have any questions about the review process, or if you have not received a decision on your application within the 30 days in-house, please contact this office. 2 incerely, _ G� �enel.berge Administrative Secretary c: South Burlington Planning Commission South Burlington Selectboard Civil Engr. Assoc. Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N_ Springfield/St. Johnsbury NEW ENGLAND TELEPHONE 20' SEWER EASEMENT TO NEW ENGLAND TELE. K & M WRIGHT WATER ��" 727.00' OAB _ 5a OAS A WATER EA5 �ZI N FUJ& Yf E]..ELnWAL SASEME t OL7 fif.WV BTORAOE EA9®.ETIi A 0 D W DRNE EAOEbE?W 42"S.Od L 75 WILES 1 R & A PAINTER WD"ED LOCAT04 OF fiWIFi FT. EXT. L & 5 WILES R 6 A PAINTER 27 SEWER EMEWEW L & R COFFIN LANE PRE55 3073.19' S7-q-7Z� Q- -11-,, 1�k9 1 EAEi" I.E Kr MAY VARY /COKSERVATTTJ DIJE EACH SIDE OF !!HATE CFllf�� GREEN ACRES 2C EMEMEW FOIL FOIPLE MAN TO KYMBALL AVE VSG 710.000N GREEN ACRES VSG 709.00ON U VSG 7qg p00N _O COVERAGE INFORMATION: TOTAL SITE: 80 ACRES TOTAL DUILDING COVERAGE W/ ADDITION = 119.350 S.F. OR 5.425% OF SITE TOTAL PARKING/DRIVE COVERAGE = 91.476 S.F. OR 2625% OF SRE TOTAL NAnRAL LANDSCAPE = APPROXIMATELY 9411 1 2 3 4 5 (6} O7 O8 z 0 _ o ag-SIM'T IN; .. BMUNOTOK VERMOW W M" BARK VU/E CMCIMTM mwow SCALE r-w-a DRAAA Y W. DATE 7-ZomA-1 DR/1riW 6Y DPR OTIC CED Wf CaCiL "O.JECf 941Ci CZTYRK#iTORHWNiALf'Ii11E &mwmm PL CARD rw-r T M.&E HMXab /f0'on"a Q NEW 0p.51RL1CikJN Pei Q EXISTING Q BUILDING 0 Q (D 0 0 0 Y TOP OF DECK Y EL 125-0' - I I I I SECOND FLOOR i II 1. � I II � I I EL 112'-6" 4 — ,.. a-T e` - { - j1 l - II - 4 — I TOP OF DECK EL 125-0" SECOND FLOOR A EL 112'-6" Y FIRST FLOOR EL 100'-0" TOP OF DECK EL 125'-0" SECOND FLOOR EL 112'-6" FIRST FLOOR EL 100'-0" EASE ELEVALION 11 10 Y Y Y `r O NEW CCANSTRU TX)N EXISTING BUILDING TOP OF DECK SECOND FLOOR FIRST FLOOR SOUIII I-LI VAHON - o Q�Q Q Q Q Q Q Q Q a�444 Q Q Q Q Q Q EX5TING MALD44G NEW CONSTRUCTION WEST ELEVATION TOP OF DECK SECOND FLOOR FIRST FLOOR { OR W. I DATE I1VV61LN ELGT A 1 KM DYNAPOWER CARPORATION E7lRL1NGTOK YaWONT WEM" - LAMMi9itE. AFLFRTE.m. ic, 30 SWIM PARK DICYE - cala4.517VF a"r SCALE DRAWING, MD. A-2 DATE 7 DE CY C"'CRED 6Y DO/. PROJECT 94PS.i 07}gOliT®YrBA/JiIiN.Tl4J� AK.H1EM M I f,'kM PMZIE NAME 94055 PM r" No Text FORM NR-1 COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" 6;C7 J FOR TAX CREDITS: (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (From current tax assessment) units (4) TOTAL FLOOR AREA AFTER / CONSTRUCTION / 1 ( 5 ) TYPE OF USE ,�"h)�,W:� (6) TYPE OF CONSTRUCTION 'fit' 7V IMPACT FEES: (7) TOTAL ROAD IMPACT FEE D (From Form NR-2) $ FORM NR-2 COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS (From form NR-1) (3) BASE ROAD IMPACT FEE (1) x (2) (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 _ (from line (3) of Form NR-1) (5) CREDIT PER $1,000 OF PRE- $ 221.72 / vte units CONSTRUCTION VALUE (From Table ST-3) $ - 3 / / unit (6) CREDIT FOR PAST TAX PAYMENTS (4) x (5) (7) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (From line (8) on Form NR-3) (8) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE (From Table ST-4) (9) CREDIT FOR FUTURE TAX PAYMENTS (7) X (8) (10) TOTAL ROAD IMPACT FEE (3) - (6) - (9) - units $ / unit vte .12 >�2 �-%S / FORM NR-3 ESTIMATION OF POST CONSTRUCTION VALUE (1) TYPE OF USE (From line (5) on form NR-1) (2) TYPE OF CONSTRUCTION (from line (6) on Form NR-1 (3) TOTAL FLOOR AREA (From line (4) on Form NR-1) (4) ESTIMATED IMPROVEMENT VALUE PER SQUARE FOOT (From Table ST-5) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) (6) LAND VALUE (From current tax records) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 $ %O / s.f. 91 units City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 May 9, 1993 Mr. Peter Pollak Dynapower Corporation P.O. Box 9210 South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Pollak: 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, May 23, 1994 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend and be prepared to address the criteria as setforth under Section 4468. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp SOUTH B a NpTNICEN e l NIN i accprdance with Isputh gurlingt d Ch Ptet ae�ulTitle 24Ins S Zonnegg South Burlln�ustment wat Boatel of ubac heaongMu- hoI a h gurlin9tconter- th oct at ffices. Dorset ern eOS°013 ay9May Street,on Mond 0 p M- to ,Jer23, AqC 4 ae fo�owing' consider th Michael Appeal °fa variance #finer $et�oing19.to 00 Nsub trompYn9g.0 r catorations othe SoutulaB�nS a ZoninglsRo9Porml sw sting 'pest . 11 a and d de 5 cottage replace 12'x2a'sir 91e ra Tamely dj and etl With 25p0 square tee and d 0 SQgare feet) in9 a Porch h20 sixty live a to within contorted at t6e11euddl 6roi AVeoue. 110 Gentry p napowar #2 AoPa wn,fpe er prom seeking a vat tie9Ht of Section 18112 o$ection structure and protection 25.5e oivtne gouRegula t Z°nZoning is for 11n90n FeUuost ®rest . a toe mission tOenerator at wind turbine one Hundred a nelotlt pfeet. °n I and to Wing 80 acres, as con at 1020 Hine toted Road. on file with tt►e plans are ton Planning gouth Zo�in9lty Nail, 5 5t cared at C gputh _ \ Dorset Vtermont. lington' ard Ricnatd Wst ative ` Zoning Officer May �,1994 FRm 2 A85�LUtE1Y MUNICIPAL AND COUNTY GOVERNMENT Ch. 117 (b) On an appeal under section 4464 or section 4471 of this title wherein a variance from the provisions of a zoning regulation is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or superior court may grant such variances, and render a decision in favor of the appellant if all the following facts are found and the finding is specified in its decision. (1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the regulations; and (2) That the hardship was not created by the appellant; and (3) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare; and (4) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. (c) In rendering a decision in favor of an appellant under this section, a board of adjustment or the court may attach such conditions to such variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect. § 4469. OFFICIAL MAP; PERMITS If a permit for any structure within the lines of any proposed street, drainageway, park, school or other public facility shown on an official map is denied, the legislative body shall have one hundred twenty days from the date of the denial of the permit to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the administrative officer shall issue the permit if the application otherwise conforms to all the applicable bylaws. § 4470. DECISIONS ON APPEAL (a) The board shall render its decision, which shall include findings of fact, within forty-five days after complet- ing the hearing, and shall within that period send to the appellant, by certified mail, a copy of the decision. Copies of the decision shall also be mailed to every person or body appearing and having been heard at the hearing, and a copy thereof shall be filed with the administrative officer and the clerk of the municipality as a part of the public records thereof. If the board does not render its decision within the period prescribed by this chapter, the board shall be deemed to have rendered a decision in favor of the appellant and granted the relief requested by him on the last day of such period. (b) A board of adjustment may reject an appeal without hearing and render a decision, which shall include findings of fact within ten days of the date of filing of the notice of appeal, if the board considers the issues raised by the appellant in his appeal have been decided in an earlier appeal or the same in substantially or materially the same facts by or on behalf of that appellant, such decision shall be rendered, on notice given, as in the case of a decision under subsection (a) of this section, and shall constitute a decision of the board for the purpose of section 4471 of this title. (c) A municipality shall enforce all decisions of the board of adjustment of that municipality, and further, the courts of this state shall enforce such decisions upon petition, complaint or appeal or other means in accordance with the laws of this state by such municipality or any interested person by means of mandamus, injunction, process of contempt, or otherwise. it 56 COR PO RATION Specialists in AC and DC Power Systems June 10, 1994 Ms. Ruth Poger, Editor The Other Paper P. O. Box 2032 South Burlington, Vermont 05407 Dear Ms. Poger: KMY I wonder if The Other Paper and I were at the same meeting on May 23rd, you might understand my confusion and frustration at your front page story "Scientific Blessing, Scenic Nightmare." As you state in paragraph two, with 100 percent inaccuracy, Dynapower Corporation does not intend, under any circumstances, to install two generators. The actual truth is that Dynapower seeks to install one, and only one, 80 foot tower. Atop this tower will sit a generator with a prop tip which will reach to 105 feet. Also, a note of interest left from your article is that the tower density is less than 7 percent. In other words, the blockage of view versus the outline of the tower leaves 93 percent of sky, mountains and trees still visible. Most important, as we have discovered, the placement of our proposed generator is not within the boundaries of the north view protection zone. In fact, we have confirmed this by revisiting and precisely measuring the site on the city map. I have enclosed an article from the Wind Energy Weekly; perhaps you will find it interesting to note that 83 percent of Vermonters feel positive about renewable resources, and wind generation, in particular. Perhaps none of these are our neighbors. I would not mind being quoted; I would not mind an article written objectively; but I do mind an article written where one becomes two. I beg your indulgence for the same front page presence where a correction is clearly made. Please understand that our choice in renewable energy is, in fact, to build a better Vermont for today and for tomorrow. I trust in your kind and clear consideration. Thank you in advance. Sincereiy, DY APOWER CORPORATION ��-/r Peter Pollak / d-`-- President PZ/dr Enclosures P.S. I have contacted Green Mountain Power direct and am trying to obtain the actual survey referred to in the Wind Energy Weekly. Corporate Headquarters Midwest Sales & Service Facility Post Office Box 9210 23890 Industrial Park Drive S. Burlington, Vermont 05407-9210 Farmington Hills, Michigan 48335 (802) 860-7200 • Fax (802) 864-3782 (313) 471-1800 • Fax (313) 471-1862 ERVIN GETS FULL SENATE NOD: NEW ASS'T SECRETARY FINALLY IN PLACE Peter S. Fox Penner, Ervin's Deputy, Also Named Ten months after President Bill Clinton's inauguration, it's official: Christine Ervin, former director of the Oregon Department of Energy, has been confirmed as the Depart- ment of Energy's Assistant Secre- tary for Energy Efficiency and Re- newable Energy. On November 19, the Senate Energy and Natural Resources Com- mittee voted 20 to 0 to confirm Ervin; on November 20, the Senate ap- proved the nomination without dis- sent. In addition to her Oregon energy background, Ervin spent 10 years in Missouri's Office of Administration working on budget and planning is- sues. She was assistant director of the division for five years and guided the development of the governor's statewide budget recommendation for all operating and capital improve- ment programs. "The search for an assistant sec- retary was`a difficult process," said Michael Bergey, AWEA president, "but Christine's approval makes the wait worthwhile. I am confident that she knows the ropes and that she'll hit the ground running. The Climate (see ERWN page 2) WIND R&D BUDGET EXPECTED TO JUMP TO MORE THAN $51 MILLION IN FY 1995 President Clinton is expected to recommend $51.7 million for the DOE wind budget in fiscal year 1995, the largest proposed increase since the Carter years. Unlike increases in past years, however, the bulk of the hike—$18 million —will be commer- cialization efforts. The increase, which is included in the current draft of the Depart- ment ofEnergy budget, is still under review and could change before the White Hou se introduces its proposed budget on January 20, 1994. How- ever, the renewable energy budget figures have been through several revisions and dep a_rLment s—ources say that the DOE wind funding request is unlikely to change before the Presi- dent sends it to Congress. "The Clinton Administration committed itselfduring the campaign to supporting an energy triad of re- newable energy, energy efficiency and natural gas, and this funding is part ofthe realization ofthat pledge," said AWEA legislative assistant Jen- nifer Jensen. "In addition, the Cli- mate Change Action Plan provides (see BUDGET page 2) November 29,1993 WIND ENERGY WEEALY Page 3 Four hosts included John Dunlop, AWEA Great Plains Representative, Brian Castelli of the Pennsylvania En- ergy Office (representing the DOE), Eric Sikkema of NCSL and Angela Park, CPA VERMONT SHOWS POSITIVE VOICE FOR WIND ENERGY DEVELOPMENT -three percent ofGreen Mountain Power Co. (GMP) customers approve ofgenerating electricity from wLa , aVWr:..tlig .o a survey VyVVi U L:'w ivd by 'the company this year. In a survey to measure customer attitudes toward GMP, the utility asked several questions de- signed to assess opinions about renewable energy sources, particularly wind energy. Responses to renewable energy issues were over- whelmingly positive. In fact, 66 percent of those sur- veyed said that they would not object to a wind -powered electric generating facility being constructed near their home. Seven percent said that they would strongly abject to such a project. When asked to explain their support for wind energy, customers had a variety of responses: 26 percent said they felt wind would help keep electricity costs low, 21 percent approved ofwind because it is non-polluting; and 10 percent prefer wind energy because it is a "natural resource." Eighty percent of GMP customers said that they would prefer to buy electricity generated from renewable resources rather than fossil -fuel generated electricity.. Furthermore, 62 percent said that they would pay more for electricity generated from wind or solar resources. EDF STUDY UNCOVERS SIGNIFICANT UNDERVALUING OF CAL. WIND SITES The Environmental Defense Fund (EDF) has uncov- ered a significant undervaluation of wind potential in the course of an analysis of renewable energy potential for the area. The undervaluation was first discovered by Francis Chapman of EDF and Bob Grace, now with New En- gland Power Service, while doing research for graduate coursework at the University of California at Berkeley. EDF has shown that with the production tax credit provided by the National Energy Policy Act of 1992 (EPAct) factored in, and the undervaluation of wind corrected, the levelized cost ofenergyfromnewwindfarms 1competitive with fossil -fired resource options.' EDF, with the support of the Energy Foundation, ed the Elfin production cost model to investigate the reasons for the undervaluation of wind. They found that the annual capacity factor (actual energy production divided by maximum energy production) for new wind resources modeled in the California Electricity Report 1992 data sets was 17.5 percent, about two-thirds of the California Energy Commission's (CEC) recommended 24 percent annual capacity factor. By comparison, in the year 1992 annual capacity factors for newer turbines (those that came on line after 1984) at the two major developed wind sites in Southern California were 20 percent (Tehachapi) and 23 percent (SanGorgonio). Among these turbines, those in the 400 to 500 kW size range achieved a 33 percent annual capacity factor.' Turbines coming on the market in the near future will be able to convert an even higher propor- tion of the wind's energy into electrical energy than existing turbines, with lower capital and operational costs. The modeling error caused wind energy to appear more expensive than available fossil -fired resources. EDF has informed the regulatory agencies, utilities and renewable energy advocates about the modeling prob- lem. A--, a result, draft data sets for this year's Ele-&n_r :?ty Report (ER94) show more realistic cost and performance projections for incremental wind resources. EDF has shown that with the production tax credit factored in, the levelized cost of energy from new windfarms is competi- tive with fossil -fired resource options. The Elfin model used in the studies is the benchmark model used by the CEC, the California Public Utilities Commission (CPUC) and California utilities. It is also used internationally by renewable energy advocates, utilities, regulators and consulting firms. California's Electricity Report Elfin data sets are the basis for the CEC's final recommendations to the CPUC for the capacity needs of the major utilities over a 20-year planning period. Development ofthe report is a collabo- THE LANE PRESS, INC. Printers since 1904 PHILIP M. DRUMHELLER President May 13, 1994 Mr. Peter Pollak, President Dynapower Corporation P.O. Box 9210 South Burlington, VT 05407 Dear Peter: (C(Dply I appreciate the consideration of your recent note regarding your desire to install a wind turbine. Lane Press has no objection --rather, we envy the opportunity and would be interested in your findings. Still would like to get together sometime for lunch. Sincerely, WM PMD/wkw P.O. Box 130 Burlington, Vr 05402 (802)863-5555 Shipping Address: 1000 Hinesburg Road South Burlington, %rF 05403 OYNAPOWER C O R P O R A T I O N Specialists in AC and DC Power Systems May 2, 1994 Dick Ward South Burlington Zoning Administrator 575 Dorset Street South Burlington, VT 05403 Dear Mr. Ward This letter is meant to explain why Dynapower Corporation is applying for a zoning variance on our height limit. Dynapower Corporation in cooperation with Green Mountain Power, and Atlantic Orient Corporation, would like to install a wind power machine at our facility. The machine will be on an 80 ft. tower and have a 50 ft. diameter blade. Its construction will require a zoning variance for a height limit of 105 ft. The FAA has approved this height and will not require a light on the tower. The tower will be located near the North East corner of our parking lot. (See attached drawings). The machine is manufactured in Norwich, Vermont by Atlantic Orient Corporation. A picture of the machine in enclosed. This machine will serve three purposes. First, to generate electric power and off set some of our electric power cost. Second, to complete some testing that the U.S. Department of Energy is requiring for this machine. This machine was developed and built under a cost shared program which requires two winters of testing. Third, this machine will provide education to Dynapower about wind power. Dynapower is seriously considering designing and manufacturing various types of wind system support equipment. Corporate Headquarters Midwest Sales & Service Facility Post Office Box 9210 23890 Industrial Park Drive S. Burlington, Vermont 05407-9210 Farmington Hills, Michigan 48335 (802) 860-7200 • Fax (802) 864-3782 (313) 471-1800 • Fax (313) 471-1862 Page two May 4, 1994 Mr. Dick Ward S. Burlington Zoning Administrator We are only asking for a single variance for one machine. We are not going to put up a wind farm. The wind at this location is not strong enough to justify a wind machine just to make electric power. The other considerations listed above are also needed to justify this machine. If you have any questions, please call me. Our business hours are between 7:30 AM and 5:00 PM on Monday through Friday. Sincerely, I • •'••• OVA Jeff Petter Senior Design Engineer J P/js Enclosure MAY-02-1994 21:45 DYNAPOWER C-OPP. 802 6�8 5077 P.03 TOTAL P.03 ATLANTIC ORIENT WIND SYSTEMS, INC. Producing tomorrows' wind turbines today. The AOC 15/50 Performance Characteristics 11.2 22.4 33.6 44.7 55.9 67.1 (-Ph) Wind Speed The AOC 15/50 Calculated Power Curve Energy production is depen- dent upon actual wind re- sources and site conditions and will vary with altitude, temperature, topography and the proximity of other structures. Atlantic Orient Corporation is constantly working to im- prove its products, there- fore, specifications may change without notice. 1 3 4 THE A? C 15/50tN� TURBINE GE'N. TOR': I . The AOC 15/50 wind turbine consists of a 15 meter rotor which produces 50 kW at ENGINEERING EXCELLENCE an 11 m/s wind speed. It was developed in conjunction with the Department of Energy and Since 1986 the Atlantic Orient Corporation (parent the National Renewable Energy Laboratory under their Advanced Wind Turbine (AWT) company to Atlantic Orient Wind Systems, Inc.) has designed Program. The goal of this cost shared program was to produce wind generated electricity for and built state-of-the-art wind turbine generators. The concept for around $.055 /kWh in a moderate average wind resource. Simplicity was the design driver the AOC 15/50 was developed after exhaustive studies relating to for this machine with high availability and fail safe reliability the intended result. maintenance and downtime. These factors were critically ana- Thephilosophy of Atlantic Orient Corporation is reflected in every stage of machine lyzed and design innovation for the AOC 15/50 were ranked development. We have taken along term view of our market and product development. Each according their contribution to improved availability and overall component of the machine was designed and tested to ensure that actual performance meets reduction inn cost of energy. The ultimate goal of this design effort or exceeds design specifications. We have successfully designed estate -of -the -art wind was to incorporate past experience and advanced technology to turbine generator and have well founded confidence that it will perform to our expectations. achieve simplicity in a machine offering durability, reliability, and km/ el Features of the AOC 15/50: • Absolute Simplicity and Minimal Maintenance Requirements • Designed for 30 Year Life in Extreme Environmental Conditions • Downwind Passive Yaw Configuration • Integrated Drive Train Provides Efficient Load Path • Single Piece Castings for Hub, Gearbox Housing & Tower Top • Redundant Braking: Tip Brakes & Dynamic Brake • Engineered for Use in High Penetration Wind / Diesel Hybrid Systems • NREL Thick Airfoil: Well Proven Wood / Epoxy Blades Improved Bug & Dirt Tolerance Efficient Over a Wide Spectrum of Wind Speeds 6.7 6.9 11.2 13.4 15.7 17.9 20.1 (mph) Average Wind Speed Calculated Annual Energy Produc- tion for the AOC 15/50 Turbine The AOC 15/50 Wind Turbine Drive Train Assembly Totally Enclosed Single Piece Casting of Major Components The towertop, rotor hub and gearbox housing are single piece castings. These three components eliminate hundreds of parts and weldments, providing efficient load paths and reducing material fatigue. low maintenance throughout Its expected operating life. Our engineering team is composed of individuals with diverse talents yet one goal: to design the highest value wind turbine generator. Our engineering capabilities are widely recog- nized and respected in the wind energy industry. We utilized many design codes, peer reviews, international standards, com- ponent qualification testing, and field testing in our design process. AOC has extensive utility systems experience and can efficiently integrate wind energy into your system. Features for Arctic Environments Include: • Turbine metallurgy selected for arctic conditions • Pitch adjustments for higher air density • Modified tower to accommodate icing loads • Optional gearbox and/or control system heaters. • Lighter oil Single Piece Cast Hub Optional Oil Filtration System The gearbox operates in a bath of lifetime synthetic oil. To extend the gearbox life, the oil is circulated through an easily replaced canister filter. TARGET MARKETS C, 11! r--- L_ _ / ATLANTIC OR/ENT WIND SYSTEMS INC. Tip Brake Design The pneumatically damped tip brakes are fail-safe by design and are used in tandem with the dynamic brake to assure smooth and rapid shutdown under normal and abnormal wind conditions. The tip brake plates are latched electromagnetically and require a 12 volt power supply. The tip brakes deploy centrifugally when the magnets are de -energized, and retract and latch automatically. The challenge our engineers faced was providing a 12 volt power supply to the rotor tips. Slip rings are a proven method for transmitting power across rotating parts, but require regular mainte- nance. To avoid this, we designed a split -core rotary transformer which effectively transmits electricity across an air gap between the stationary and rotating sides of the transformer. This innovation eliminates mechanical contacts and the need for replacement of worn parts. The AOC 15/50 design was predicated upon the assumption that regular maintenance or supervision is not practical in all locations. Thus, robust simplicity and fail safe reliability were built in. We expect that the performance delivered by this machine will make it an attractive investment for farmers, municipal facilities, and retail power displacement for commercial and industrial concerns. Utility companies will also find use for the AOC 15/50 to handle local load growth, voltage and VAR support, local grid support through distributed generation and avoided T & D costs, as well as gaining credit for environ- mental impact reductions. The AOC 15/50 has been engineered for use by utilities and IPP's in high penetration wind -diesel hybrid systems. Target markets exist as isolated grids in remote or roadless regions. Examples include arctic villages and islands desiring to offset high fuel rates, and remote locations in developing countries with no electrical infrastructure. In addition, countries with "dirty" generating capacity desiring a zero emission electric power source will be interested in this wind turbine. DESIGN SPECIFICATIONS FOR THE ATLANTIC ORIENT 15/50 (60 HZ & 50 HZ) 50 kW WIND TURBINE YAW SYSTEM SYSTEM Normal Free, rotates 360 degrees Type Utility interface Option Yaw damping - required when conditions Configuration Horizontal axis exceed 50 degrees yaw rate per second Rotor diameter 15 m (49.2 ft) Centerline hub height 25 m (82 ft) DRIVE TRAIN TOWER INTERFACE PERFORMANCE PARAMETERS 60 HZ Structural Yaw bearing mounted on tower Rated electrical power 50 kW at 11.0 m/s (24.5 mph) Electrical top casting Twist Cable Windspeed ® hub height 25 m (82 ft) cut -in 3.7 m/s (8.2 mph) TOWER shut -down (high wind) peak (survival) 25.0 m/s (55 mph) 59.5 m/s (133 mph) Type Galvanized 3-legged, bolted lattice, Annual output self supporting 100% avail. 5.4 m/s (12 mph) 98,700 kWh Tower height 24.4 m (80 ft) (Hub height wind speed) 6.7 m/s (15 mph) 165,000 kWh Option 30 m (100 ft), 37 m (120 ft) 8.0 m/s (18 mph) 228,800 kWh FOUNDATION PERFORMANCE PARAMETERS 50 HZ Type Concrete or special Rated electrical power 50 kW at 12.0 m/s (26.8 mph) Anchor bolts Certified ASTM A-193 G.B7 Windspeed @ hub height 25 m (82 ft) cut -in 3.8 m/s (8.6 mph) CONTROL SYSTEM shut -down (high wind) 25.0 m/s (55 mph) Type MPU based peak (survival) 59.5 m/s (133 mph) Control inputs Wind Speed, Generator frequency, Calculated Annual Output Generator Current, Generator 100% avail. 5.4 m/s (12 mph) 92,000 kWh temperature, Grid Voltage, (Hub height wind speed) 6.7 m/s (15 mph) 152,300 kWh Generator Voltage 8.0 m/s (18 mph) 207,000 kWh Control outputs Line Interconnection, brake deployment, filtration pump, heaters (optional) ROTOR Communications (option) Serial link to Central Computer for Energy Type of hub Fixed pitch Monitor and Maintenance Dispatch Rotor diameter 15 m (49.2 ft) ROTOR SPEED CONTROL Swept area 177 m (1902 W) Number of blades 3 Production Blade stall increases with increased Rotor solidity 0.077 wind velocity Rotor speed at rated power 65 rpm at 60 HZ, 62 rpm at 50 HZ Normal start-up Aerodynamic. Electrical boost if Location relative to tower Downwind necessary Cone angle 6 degrees Shut -down Control system simultaneously applies Tilt angle 0 degrees dynamic brake and deploys tip brakes. Rotor tip speed 50.7 m/s (113 mph) at 60 HZ; Parking brake brings rotor to a standstill 48.6 m/s (109 mph) at 50 HZ Back-up overspeed Centrifugally activated tip brakes deploy Design tip speed ratio 6.1 BLADE BRAKE SYSTEM CONTROL Length Material 7.2 m (23.7 ft) Wood/epoxy laminate Fail-safe brakes automatically deploy when grid failure occurs. Airfoil (type) NREL, Thick Series - modified Twist 7' outer blade SYSTEM DESIGN WEIGHTS kg(lbs) Root chord 457mm (18in) @ 4% 279 mm (11 in) Tower 3,007 kg (6,630 Ibs) Max chord 749 mm (29.5 in) @ 39% 2925 mm (115 in) Rotor & Drive Train 2,404 kg (5,300 Ibs) Tip chord 406 mm (16 in) @+ 100% 7500 mm (295 in) Weight on foundation 5,411 kg (11,930 Ibs) Chord taper ratio t 2 : 1 Overspeed device Electro-magnetic Tip Brake Hub attachment Embedded female bolt receptors Blade weight 143 kg (315 Ibs) DESIGN LIFE 30 Years TRANSMISSION Type Planetary SCHEDULED MAINTENANCE Housing Ductile iron - Integrated casting Semi-annual, or after severe events Ratio (rotor speed to generator speed) 1 to 28.25 (60 Hz); 1 to 24.57 (50 Hz) Rating, output hp. 88 DOCUMENTATION Lubrication Synthetic Gear Oil Installation, Operation Service & Maintenance manual. Filtration Positive, pump with filter cartridge Heater (option) Cold weather version, electric DESIGN STANDARDS GENERATOR Applicable Standards AWEA, EIA, IEC, and CEC Type 3-phase Induction Frequency (Hz) 60 & 50 HZ Voltage (V) 480, 3-phase at 60 HZ NOTE 1: Atlantic Orient Corporation and its affiliates are constantly 400, 3-phase at 50 HZ working to improve its products, therefore, specifications are subject to kW at rated windspeed 50 kW change without notice. kW at peak continuous 66 kW at 60 HZ; 55 kW at 50 HZ Speed rpm (nominal) 1800 at 60 HZ; 1500 at 50 HZ NOTE 2: Energy production is dependent upon actual wind resources Winding configuration Star and site conditions, and will vary with altitude, temperature, topography Insulation Class F (class H option) and the proximity to other structures. Enclosure Totally Enclosed Air Over (TEAO) Frame size Mounting 365 TC Direct mount to transmission NOTE 3: For design options to accomodate severe climates or unusual Options Arctic and Tropical Versions circumstances, please contact the corporate office in Norwich, Vermont. 70 60 3. 50 a -S 40 30 O a m 0 20 10 04 0 Performance Characteristics of the AOC 15/50 Wind Turbine Calculated Power Curves 60 Hz 50 Hz 350 3 300 s a 250 0 O H > 200 rn a O � w r 150 a 100 ° 50 Calculated Annual Energy Output 3 Hz 50 10 15 20 25 4 5 6 7 8 9 10 11 Wind Speed (nn/s) Average Wind Speed (nn/s) The AOC 15/50 Drivetrain assembly Research and Development The AOC 15/50 wind turbine was developed with a series of R & D cost -shared contracts administered by the National Renewable Energy Laboratory to comply with International Electro-Technical Commission standards. The Dutch Laboratory ECN has conducted a Failure Modes Effects Analysis (FMEA) on the 15/50 wind turbine. Field Testing continues in several locations in the United States and Canada, as well as component qualification testing in our Norwich, Vermont test facility. One of the most important safety criteria in the design of the AOC 15/50 is the ability to safely control the wind turbine in normal and extreme conditions. This has lead to the development of redundant failsafe control mechanisms. The ultimate goal above and beyond low cost and high reliability is the protection and safe operation of the wind turbine in all specified conditions. (For information requests) Atlantic Orient Corporation P.O. Box 1097 Farrell Farm Road, Rte 5N Norwich, Vermont 05055 USA Phone 802 649-5446 FAX 802 649-5404 Atlantic Orient Canada, Inc P.O. Box 813 Charlottetown, Prince Edward Island, C1A 71-9 CANADA European Orient, Ltd NEL Technology Park 108 Whitworth Building East Kilbride Glasgow G75000 UNITED KINGDOM K No Text 49 SPEC R 57- — 0 DER Loo ',� (�:; n DES / G' i✓ATED t3U/ L IJ//✓G __ ' . i � ; ,' � ,, ,, � ' ;� L, '` /El i n �' .� •' � / I _ it > ,. � _ .. ,, _ �\ .._ � ��.w(// 1�•�� -.1 I � i v� " .(... i d �1 '/N///////li l Ilillll � \ � ^flnf / 1 i 4918 City of South Burlington Application to Board of Adjustment Date Mav 2. 1994 UELICIdl use APPLICATION # HEARING DATE Applicant owner Owner, leasee, agent FILING DATE FEE AMOUNT Address 1020 Hinesburg Road Telephone # (802) 860-7200 Landowner Address Location and description of property 1020 Hinesburg Road. Dynapower Corporation Property as shown on enclosed drawing. 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 Height restriction. We would like a single variance for a 105 Ft. tower for wind machine. _,Reason for appeal Installation of wind power machine to reduce our electrical bills and study wind power machine performance. 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. Ila- .� Hearing Date :S gnatr.e of -Appellant Do not write/below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week Month and Date j0-Z Appeal of seeking a at to consider the following: Time I .F �O� ,'f',, .f i �iV Div ✓ I �% r.l / 1 Y. X�a 10- - from Section / //� T of the South Burlington Zoning Regulations. Request is for permission JAN 141994 DO NOT REMOVE CARBONS Form Approved OMB No, 2120-OC Aeronautical Study Number US Depanmeni of T,Wsponoeon NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION Federal Aviation Administration 94—ANE-021—OE 1. Nature of Proposal 2. Complete Description of Structure A. Type B. Class C Work Schedule Dates New Construction Permanent Beginning 3/ 1/94 A Include effective rad,aied power and assigned trequency of all exisfuig proposed or rnodilied AM FM Tv broadcast ❑ Alteration El Temporary (Duration months) End 511/94 or stations utilizing this structure B Include size and configuration of power transmission nne<_. and their supporting lowers in the vicinity of FAA facilit e=. 3 A Name and address of individual, company, corporation, etc. proposing the construction or alteration. (Number. Street. City. State and Zip Code) and public airports ( 802 ) 860-7200 C Include information showing site orientation. dimensiuns area code Telephone Number and construction materials of the proposed structure Three bladed wind turbine DYNAPOWER CORPORATION generator. Tower height 80 Ft TO P.O. BOX 9210 Rotor diameter 50 Ft. SOUTH BURLINGTON, VT 05407 See attached photo. B. Name, address and telephone number of proponent's representative if different than 3 above. (if more space is required, continue on a separate sheet.) 4. Location of Structure 5. Height and Elevation (Complete to the nearest to A Coordinates B Nearest City, Town and State C Name of nearest air )ort heliport flightpark. To nearest second) A Elevation of site above mean sea level or seaplane base urlington South Burlington, VT 0 9' (1) Distance to 48 (1) Distance from structure to nearest point of 44 26 32 360 Ft B Height of Structure including all rtenances lighting t Latitude y� 0. F .�. 2��G". I�, Zi'. R'' pP and (it any) above , -' Apvat o situated 105 Ft 73 ° 9 11 " (2) Direction to 48 s, r ( �� • t swc alRov �. 4 ' SSE'/V ,4 O. v hw a mean sea level (A • B) '■Ci Longitude C - j n!' 465 Ft D Description of location of site with respect to highways, streets, g{ti{ruFt w'� itc. Atria;h a U+ Qeplogical Survey quadrangle map or equivalent showing the relationship of construction site to nearest airlMJit � rWju` d �onhCue on 19eparfe Sheef�piKi, and attach to this notice.) 2400' South East of the intersection US RqW JJ",,* ,,1+�• ,,�np9Es�a 3- wa 89 in South Burlington, Vermont. Notice is required by Part 77 of the Federal Aviation Regulations (14 C.F.R Part 77) pursuant to Section 1101 of the Federal Aviat ion Act of 1958. as amended (49 US C 1107). Persons who knowingly and willingly violate the Notice requirements of Part 77 are subject to a fine ( criminal perialiy) of nor more than S50C for the first offense and not more than $2,000 for subsequent offenses, pursuant to Section 902(a) of the Federal Aviation Act of 1958. as amended (49 U S C 1472(a)) I HEREBY CERTIFY that all of the above statements made by me are true, complete, and correct to the best of my knowledge. In addition, I agree to obstruction mark and/or light the structure in accordance with established marking & lighting standards if necessary. Date 1/12/94 Typed Name/Title of Person Filing Notice Jeff Petter, Sr. Design Engineer Signature f FAR FAA USE ONLY FAA will either return Is for or issue a separate acknowledgement The Proposal: Supplemental Notice of Constructlon FAA Form 7460-2 is required any time the project is abandoned, o ElAt least 48 hours before the start of construction. El Does not require a notice to FAA. ❑ Within five days after the construction reaches its greatest height. ZIs not identified as an obstruction under any standard of FAR, Part 77, Subpart C, This determination expires on October 20, 1995 and would not be a hazard to air navigation, unles (a) extended, revised or terminated by the issuing office; ❑ Is identified as an obstruction under the (b) the construction is subject to the licensing authority of the Federal Communications Commission an standards of FAR, Part 77, Subpart C, but an application for a construction permit is made to the FCC on or before the above expiration date. 1 would not be a hazard to air navigation. such case the determination expires on the date prescribed by the FCC for completion of cor ❑ Should be obstruction ❑ MARKED, struction, or on the date the FCC denies the application. ❑ lighted per FAA. Advisory Circular NOTE: Request for extension of the effective period of this determination must be postmarked or delivered ti 70/7460-1, Chapter(s) the issuing office at least 15 days prior to the expiration date. Obstruction marking and lighting are not If the structure is subject to the licensing authority of the FCC, a copy of this determination will be sent ti necessary. that Agency. Remarks: NAD 83 44026' 32. 18 73009' 9.45" See reverse side of form. Issued In signatu Date Burlington, MA _ { �a's'--^ March 11, 1994 rAA roan 1466.1 (8-85) - - — -- _ DO NOT REMOVE CARBOA City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 29, 1996 Mr. Peter Hughes Atlantic Orient Corporation P.O. Box 1097 Norwich, Vermont 05055 Re: Zoning Hearing Dear Mr. Hughes: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 575 Dorset Street on Monday, February 12, 1996 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl Attachment In February 1995 a 50 kW wind turbine generator was installed at the DynaPower facility in South Burlington. The wind turbine has operated with fcw problems since that time. The turbine installation included a separate 30 meter meteorological tower for monitoring wind speed. The US Department of Energy through the National Renewable Energy Laboratory wants to monitor the performance of this wind turbine for a 24 month period commencing in February 1996. As a result, we seek a variance to keep the existing meteorological tower in place through February 1998 at which time it will be removed Please note that the wind turbine itself is permitted for this site and will remain in place well beyond the end of the test program. a�� -sX—e,e -7ieo-�--� 1,Ve4,,e -,eZ, F� LW bl, FAI MT-01 A C O R P O R A T I O N Specialists in AC and DC Power Systems January 9, 1996 Mr. Dick Ward Zoning Administrator CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Ward: This letter is to authorize Atlantic Orient to apply for appropriate permits for the meteorological tower on the Dynapower site. If you have any further questions, please give me a call. Thank you. Sincerely, DYNAPOWER CORPORATION Peter Pollak President P2/dr cc: Mr. Bruce Johnson Atlantic Orient Corporation P. O. Box 1097 Norwich, Vermont 05055 Corporate Headquarters Midwest Sales & Service Facility Post Office Box 9210 23890 Industrial Park Drive S. Burlington, Vermont 05407-9210 Farmington Hills, Michigan 48335 (802) 860-7200 • Fax (802) 864-3782 (810) 471-1800 • Fax (810) 471-1862 National Renewable Energy Laboratory 1617 Cole Boulevard Golden, Colorado 80401-3. (303) 275-3000 lI r January 5, 1996 Mr. stay Belair Zoning Office, The City of South Burlington South Burlington, Vermont 05403 Dear Mr. Ray Belair, Atlantic Orient Corporation has a contract with us, National Renewable Energy Laboratory (NREL) as part of the Wind Technology Division supported by the Department of Energy. Our contract with Atlantic Orient Corporation is for developing an exciting new wind turbine technology - the AOC 15150, a 50 kW wind turbine. This technology is still in the engineering development process part of which is wind turbine testing. The wind turbine located ou the Dynapower property in South Burlington, Vermont is part of a 24 month test effort. The site was selected because of its cold, humid climate, which is similar to regions that have high potential for wind development. MY understanding is that the ma' or issue is associated with the temporary erection of a metrological tower near the wind turbine. While I am not up with the details of the variance in this case, I can speak to the importance of the metrological tower from a technical stand point. Part of this testis determining how much energy is produced based on the local winds. This is only possible if there is a metrological tower within a specific distance of the wind turbine. This metrological tower has an anemometer which senses the wind speed and direction. From this data the efficiency and capabilities ofthe wind turbine are evaluated. It is particularly important to evaluate this wind turbine in a cold climate before final production occurs. Nv'REL believes there is a market both domestically and internationally for this wind turbine. As the wind turbine product is fully developed and tested a commercial wind turbine will result_ The manufacture of this wind turbine is scheduled to take place predominantly within the United States. Therefore the full. development ofthis wind turbine is important not only to our national interest but your state interest as well since Atlantic Orient Corporation's office and manufacturiag facility are Iocated in. Nortivich, Vermont, A Division of Midwest Research Institute rvauonal Renewable Energy Laboratory 1617 Cole Boulevard Golden, Colorado 8MI-3L, (303)275-3000 1W Itay $ellair January 5, 1996 Page 2 I would appreciate auyti ing you can do to help keep the Atlantic orient Corporation's ,wind turbine and the metrological tower in place at Dynapower in South Burlingto, Vertanont for the 24 month test period. Ifyou have any further questions on wind technolo n of the Atlantic Orient Corporation - AOC 15150, please call Trudy Forsyth the techni al monitor, for this contract work at (303).384-6932. Sincerely, -W W. ck" Dr. Robert W. lixesher Director, National Wind Technology Center A Division of Midwest Res@arch tnstituto TOTAL P.002 LANE PRESS FACILITY 15/50 TURBINE BERM + DYNAPOWER FACILITY MET TOWER 100 FT SOUTH OF THE TURBINE PREVAILING WINDS FROM THE SOUTH OPEN AREA , � r • r ,ancc wir ro r f/ tQ SEW* r.SEW(wr ..?p.!t� t'C�f.I1�IIS4;t '. r / i , t i - �`v� •'�•.� + / � - fi S •, II i I �, + 1 '/r•—_`_T= .e_t___ � .t.[�9,' � �` %N,�'�c�: =:`— .� W91GAY /' r ;I! I+ Last Mrsl .� /f l .5 �r •1'�l SJT,Pp I II , i1 A 1 • r, u•M�« 23' Se.fN +.��+� ♦[�,qp •' rAS[v�rri..i,�--,_' 1 1 ij :d• r l 1 I � I '.. r 1 r f+r 1 + e ; 1 1 I � 1 rrOrwn 1 , rmui `rv.�ytn---ti'-�.i i :' �• Il I / ' I i rerun[ rKrPEO ' , , \ O` t• I + , ' 1 1 , 141j4p. ..nr , \/^`� , ` ��.. I, w y - •' • �I i�1 ~ r J l i , /r 8 O RCS' � / !`•. v� .' �i .` '•"`-7� its �i.iS, \ i • 1 l ! � t/ t 1 . s� i ►tMA.lC t'lj �.�-vr '+• I tr•sir[•+ i Arl r" .�.' :,�, J-/ +'p 1 ��r['"["rllf rrl 1, •', [ - I r' iaCiina Or 1 \ + .00 , �.� r I t / 5 aVlfr TT Cal.` � � �n ` \ r I s �'� 1/ I 1� • 1 r i' ate so[ .1' � /' 1 - it k , +, srntcEs / , ,. , r . �.wl[If •( '.. ! ' j i 1 of � f`�: `.,, � uw1 �,[: ,lcarr[►[ r[iliasoE�ij,(. I I 1 \iia ,- •• 1 1 / •r• rvru¢ . ' r •r N .n[,[. ySt'3•.•,•. h_: f;ti y' , / ii srsrr r.anwrr af / / oress t a•/ecimrr '(f . t;r��j•', � .� �.� -'•� � r / , A'C41,�y,�(µ�rth"'yC� y �I;v1+ ,4•• _ .yft,;, h .� u , t / `� Y . �1• +?i�•i' aR+Ti d.' ^G}•'t (!,• �'�$ 'i • ^ 4 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 Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Feb- ruary 12, 1996 at 7:00 P.M. to consider the fol- lowing: #1) Appeal of Dean Zoecklein agent, EZP Golfco, Inc., seeking ap- proval from Section 6.20 Conditional uses, sub section 6.201 Outdoor recreational facilities of the South Burlington Zon- ing Regulations. Request is for permission for con- struction of a planned res- idential development consisting of 190 single family lots and 40 multi- family units and a 18 hole golf course on approxi- mately 450 acres of land located east and west of Dorset Street south of Swift Street. #2) Appeal of Atlantic Orient Corporation, Peter Hughes agent seeking ap- proval from Section 25.113 Height of struc- tures & Section 22.60 View Protection Zone of LEGAL NOTICES 1 I LEGAL NOTICES 1 I the South Burlington Zon- ing Regulations. Request is for permission to erect a meteorological tower at a height of eighty-two (82) feet, on a lot containing a wind turbine generator lo- cated at 1020 Hinesburg Road, d.b.a. Dynapower Corporation. #3) Appeal of Technology Park Associates, Inc., John Illick seeking appro- val from Section 26.65 Multiple uses of the South Burlington Zoning Regula- tions. Request is for per- mission to occupy an existing 275,000 square feet structure with per- mitted uses to include light manufacturing gener- al offices, warehousing and food service located at 115 Kimball Avenue formerly Digital Equip- ment Corporation. #4) Appeal of Mark Ste- phens and Leah Britch seeking a variance from Section 26.00 Noncon- forming uses, sub -section 26.003 extensions of the South Burlington Zoning Regulations. Request is for permission to keep domestic farm animals in conjunction with a resi- dential/commercial use on a lot containing 15,000 square feet, located at 57 Swift Street. #5) Appeal of Walter and Dena McCutchen seeking a variance from Section 25.00 Dimensional re- quirements, front yards of the South Burlington Zon- ing Regulations. Request is for permission to con- struct a 12'x18' porch ad- dition to within twenty-two (22) feet of the required front yard located at 24 Victoria Drive. #6) Appeal of Royal and Robert Chittenden seek- ing approval from Section 6.207 Accessory resi- dential unit and Section 26.65 Multiple uses of the Cwrdnued text CoAmm I ContNMMd Next Cokom South Burlington Zoning Regulations. Request is for permission to convert existing storage area into a second floor residential apartment containing ap- proximately 1160 square feet in conjunction with an existing agriculture/horti- culture use, d.b.a. Chit- tenden Cider Mill located at 1580 Dorset Street. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward Zoning Administrative Of- ficer January 27, 1996 i MUNICIPAL AND COUN' GOVERNMENT Ch. 117 (b) On an appeal under section 4464 or section 4471 of this title wherein a variance from the provisions of a zoning regulation is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or superior court may grant such variances, and render a decision in favor of the appellant if all the following facts are found and the finding is specified in its decision. (1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the regulations; and (2) That the hardship was not created by the appellant; and (3) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare; and (4) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan. (c) In rendering a decision in favor of an appellant under this section, a board of adjustment or the court may attach such conditions to such variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect. § 4469. OFFICIAL MAP; PERMITS If a permit for any structure within the lines of any proposed street, drainageway, park, school or other public facility shown on an official map is denied, the legislative body shall have one hundred twenty days from the date of the denial of the permit to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the administrative officer shall issue the permit if the application otherwise conforms to all the applicable bylaws. § 4470. DECISIONS ON APPEAL (a) The board shall render its decision, which shall include findings of fact, within forty-five days after complet- ing the hearing, and shall within that period send to the appellant, by certified mail, a copy of the decision. Copies of the decision shall also be mailed to every person or body appearing and having been heard at the hearing, and a copy thereof shall be filed with the administrative officer and the clerk of the municipality as a part of the public records thereof. If the board does not render its decision within the period prescribed by this chapter, the board shall be deemed to have rendered a decision in favor of the appellant and granted the relief requested by him on the last day of such period. (b) A board of adjustment may reject an appeal without hearing and render a decision, which shall include findings of fact within ten days of the date of filing of the notice of appeal, if the board considers the issues raised by the appellant in his appeal have been decided in an earlier appeal or the same in substantially or materially the same facts by or on behalf of that appellant, such decision shall be rendered, on notice given, as in the case of a decision under subsection (a) of this section, and shall constitute a decision of the board for the purpose of section 4471 of this title. (c) A municipality shall enforce all decisions of the board of adjustment of that municipality, and further, the courts of this state shall enforce such decisions upon petition, complaint or appeal or other means in accordance with the laws of this state by such municipality or any interested person by means of mandamus, injunction, process of contempt, or otherwise. we City of South Burlington Application to Board of Adjustment G icial Use APPLICATION # Date JANUARY 1 .1 �996 A TLAN NC ViQ;En/T COIJO. As Applicant A6r1vt FOA OYryAPaUlER CORP Owner, leasee, agent HEARING DATE ( ' / ` W FILING DATE FEE AMOUN.JO Address PC. BOX ✓0Y7, N,,AWIc 1 VTTelephone # 70 :;k6 q 9 - 5 ` q1 Landowner Address Location and description of property /();;(C 1;VE68UR6 l &AD O ylvApo we-lQ 5,YbW1V 01V 61VCL6QED 6R11 4tl i/VGS Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( x ) 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 �5e E A TTA C H E 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 7wiserve as support evidence to the Board. Hearing Date Signature of Appellant Do not write below this line ----------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Month and Date Appeal s e e k i n g W' from Section o at Time Day of Week to consider the following: of of the South Burlington Zoning Regulations. Request is for perm' Sion to _',� d-,�"� � ,M'l..e.. ,.( C? 1L0--f''c '-C,«•�► �Gt% .Q/Z.,,� - I �`I �- _> 'W"04".1 AeYo4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 12, 1988 Richard Trudell Trudell Consulting Engineers 14 Blair Park Road Williston, Vermont 05495 Re: Orchard Lake Road Properties - Dyna Power, 1020 Hinesburg Road (4CO 474-5) Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission approved the application of Orchard Lake Road Properties for construction of a 96,200 square foot light manufacturing facility at 1.020 Hinesburg Road. This application is in conformance with the South Burlington Comprehensive Plan. Sincerely, C�l�I�3�-� Jane B. Lafleur, City Planner JBL/mcp a /lotoc, f-) Af all 4� 4e alloo-4'e". — 5:P4 -v4-L,) L:" ol LaiLs I T, T LU 0 C O R P O R A T I O N Specialists in AC and DC Power Systems January 9, 1996 Mr. Dick Ward Zoning Administrator CITY OF SOUTH BURLINGTON 575 Dorset Street South Burlington, Vermont 05403 Dear Mr. Ward: This letter is to authorize Atlantic Orient to apply for appropriate permits for the meteorological tower on the Dynapower site. If you have any further questions, please give me a call. Thank you. Sincerely, DYNAPOWER ,CORPORATION Peter Pollak President Pz/dr cc: Mr. Bruce Johnson Atlantic Orient Corporation P. O. Box 1097 Norwich, Vermont 05055 Corporate Headquarters Midwest Sales & Service Facility Post Office Box 9210 23890 Industrial Park Drive S. Burlington, Vermont 05407-9210 Farmington Hills, Michigan 48335 (802) 860-7200 • Fax (802) 864-3782 (810) 471-1800 • Fax (810) 471-1862 National Renewable Energy LaL atory 1617 Cole Boulevard Golden, Colorado 80401-3393 (303) 275-3000 II=1 41 PREOEIIIIIIIIIIIIII oe�o January 5, 1996 Mr. Ray Belair Zoning Office, The City of South Burlington South Burlington, Vermont 05403 Dear Mr. Ray Belair, Atlantic Orient Corporation has a contract with us, National Renewable Energy Laboratory (NREL) as part of the Wind Technology Division supported by the Department of Energy. Our contract with Atlantic Orient Corporation is for developing an exciting new wind turbine technology - the AOC 15150, a 50 kW wind turbine. This technology is still in the engineering development process part of which is wind turbine testing. The wind turbine located on the Dynapower property in South Burlington, Vermont is part of a 24 month test effort. The site was selected because of its cold, humid climate, which is similar to regions that have high potential for wind development. My understanding is that the major issue is associated with the temporary erection of a metrological tower near the wind turbine. While I am not up with the details of the variance in this case, I can speak to the importance of the metrological tower from a technical stand point. Part of this test is determining how much energy is produced based on the local winds. This is only possible if there is a metrological tower within a specific distance of the wind turbine. This metrological tower has an anemometer which senses the wind speed and direction. From this data the efficiency and capabilities of the wind turbine are evaluated. It is particularly important to evaluate this wind turbine in a cold climate before final production occurs. NREL believes there is a market both domestically and internationally for this wind turbine. As the wind turbine product is fully developed and tested a commercial wind turbine will result. The manufacture of this wind turbine is scheduled to take place predominantly within the United States. Therefore the full development of this wind turbine is important not only to our national interest but your state interest as well since Atlantic Orient Corporation's office and manufacturing facility are located in Norwich, Vermont. A Division of Midwest Research Institute National Renewable Energy Labu)Fatory 1617 Cole Boulevard Golden, Colorado 80401-3393 (303) 275-3000 A* � lot ** �1� Mr. Ray Bellair January 5, 1996 Page 2 I would appreciate anything you can do to help keep the Atlantic Orient Corporation's wind turbine and the metrological tower in place at Dynapower in South Burlington, Vermont for the 24 month test period. If you have any further questions on wind technology or the development of the Atlantic Orient Corporation - AOC 15150, please call Trudy Forsyth, the technical monitor, for this contract work at (303)384-6932. Sincerely, 'AQU0. W" Dr. Robert W. Thresher Director, National Wind Technology Center A Division of Midwest Research Institute PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 0540-3 August 4, 1988 Mr. Peter Pollack Dynapower Corporation 29199 Orchard lake Road P.O. Box 3180 Farmington Hills, Michigan 48018-8180 Dear Mr. Pollack: r ZONING ADMINISTRATOR 658-7958 On August 2, 1988, the South Burlington Planning Commission approved your request for an extension in which to acquire a building permit for the Orchard Lake Properties project. The building permit must be obtained within six giionths of the date of your request (July 26, 1988) or the Planning Commission's site plan approval is null and void. If you have any questions, please do riot.hes,;tate to contact me. Sincerely, Joe Weith, City Planner JW/mcp TRAFFIC REPORT FOR ORCHARD LAKE ROAD PROPERTIES HINESBURG ROAD, SOUTH BURLINGTON, VERMONT Prepared for: Orchard Lake Road Properties Prepared by: Daniel R. Maxon Trudell Consulting Engineers, Inc. P.O. Box 308 Williston, Vermont 05495 Date: August 12, 1987 TABLE OF CONTENTS INTRODUCTION 1 CALCULATIONS 2 CONCLUSIONS 7 TABLE 1 8 REFERENCES 9 The purpose of this study is to determine the combined effect of Lane Press and the proposed developments at Green Acres Quarry and Orchard Lake Road Properties on the intersection of Lane Press Access Road and Rt. 116 (Hinesburg Road) in the City of South Burlington. The access road has sight distances of over 800 feet both north and south and is controlled by a stop sign. The posted speed limit along this stretch of Rt.116 is 45 MPH. A traffic count was conducted on Thursday June 18, 1987 between the hours of 7 - 9 A.M. and 4 - 6 P.M. Assumptions on Lane Press and Orchard Lake Road Properties traffic volumes were calculated from maximum number of employees and multiplication factors from I.T.E. Trip Generation Model (1). -1- UNSIGNALIZED INTERSECTIONS 10-37 WORKSHEET FOR ANALYSIS OF T INTERSECTIONS S 0 �1.�{ l t NAME: O' C,( pa `Aw kJ eoff es LOCATION: HOURLY VOLUMES VOLUMES IN PCPH Major Street: N N = 1 _. Vs J19 Grade `_Ll V2 V4 -Lrq Q% �V3 3Q q1 q V2 7 V4 zo? — V3 � V7 V9 ;",�N= V, V9 Date of Counts: 2 3 F[EDrIYIELLI Time Period:096 -09/S ANt D Average Running Speed: SO N = Minor Street: PHF: ' q1 Grade ! % t-jttc (-e5S Acc�Ss VOLUME ADJUSTMENTS Movement No. 2 3 4 5p 7 99 Volume (vph) 14117 8 / S / 6 1 t -37 Vol. (pcph), see Table 10-1 1 ,3� ?-o J STEP 1: RT from Minor Street r" V9 Conflicting Flow, V,, 1 /2 V3 + V2 = + c� = vph (V,) Critical Gap, T,, and Potential Capacity, cP Tc = I'n •5 sec (Table 10-2) cp, = pcph (Fig. 10-3) Actual Capacity, cm cm9 = CP9 = S�pcph STEP 2: IT From Major Street f V, Conflicting Flow, V. V3 + V2 = + W = Z vph (Vc4) Critical Gap, T� , and Potential Capacity, cP T, = 5.5 sec (Table 10-2) c.4 = 615-0 pcph (Fig. 10-3) Percent of cP Utilized and Impedance Factor (Fig. 10-5) (v4/CP4) X 100 = 3Z P, _2'1-5' Actual Capacity, cm cm, = cP, = ! oSf2 pcph STEP 3: LT From Minor Street _D V7 Conflicting Flow, V, 1/2 V3+V2+V5+V4 =Y+cal �l-1`- +_` �vph (V,,) Critical Gap, T,, and Potential Capacity, cP T, __ sec (Table 10-2) CP7 = Z Z S pcph (Fig. 10-3) Actual Capacity, cm Cm7 = CP7 X P, =ZZS' X .�� = rn� pcph SHARED -LANE CAPACITY v7 + v9 if lane is shared yam/ SH = (v7/Cm7) + (V9/Cm9) Movement No. v(pcph) cm (pcph) cs, (pcph) CR LOS 7 3 11a /1-7 /ro 3 D 9 S ! 5`�b s� �!�(9 A 4 zD �s� - �/�!3 A 6TL srt - CV�tVq) - 347 shard 1244J u�sha �cI lac -2- UNSIGNAL►ZED INTERSECTIONS 10-37 WORKSHEET FOR ANALYSIS OF T INTERSECTIONS LOCATION: So AI -bul(Ins a� NAME:2rc_Ij tj� actPiy r{�es HOURLY VOLUMES VOLUMES IN PCPH Major Street: z� 11to N �— VS 3� — N=Q -•- v5 �� Zr� vR4 - Grade 21-1 V2 V, Ld o % L v, �N-0 2 �v, V, V7 V9 V7 V9 STOP Date of Counts: (0�� PdFE3 Tune Period: A-30 � i°M YIELD Average Running Speed: 60 N = Minor Street: PHF: - 9 Z Grade % Laue f'ess gcceSS VOLUME ADJUSTMENTS Movement Na 2 3 4 5 7 9 Volume (vph) 21 CO "1-3 1 Z`/ Vol. (pcph), see Table 10-1 STEP 1: RT from Minor Street r— V9 Conflicting Flow, V, 1/2 V, + V2 = Z +Z- i9 = _ vph (V,.,) Critical Gap, T� , and Potential Capacity, cp T,, = G sec (Table 10-2) cP9 = � pcph (Fig. 10-3) Actual Capacity, cm cm9 = cp9 = (o �•S- pcph STEP 2: IT From Major Street f V, Conflicting Flow, V, V3 + V2 =1 + Z l9 = Z Z3 vph (V,,) Critical Gap, T� , and Potential Capacity, cp T, = S • S sec (Table 10-2) eP, = 8Z5 pcph (Fig. 10-3) Percent of cp Utilized and Impedance Factor (Fig. 10-5) (V,/cp,) X 100 = 10, P, _ Q3 Actual Capacity, cm cm, = CP, _ 8ZS pcph STEP 3: IT From Minor Street ' V7 Conflicting Flow, V, 1/2 V3+V2+VS+V, = Z- +Z +-V!-) +vph (V,,) Critical Gap, T� , and Potential Capacity, cp T, = 8 sec (Table 10-2) ep, = ZST) pcph (Fig. 10-3) Actual Capacity, cm cm, = cP, X P, = Z5L X • l 3 = Z3 2. pcph SHARED -LANE CAPACITY v, + v9 if lane is shared SH = (V7/Cm7) + M/Cm9) Movement No. v(pcph) cm (pcph) c ,, (pcph) cit LOS 7 9 2- 3Z Z3Z Z2 17 9 /fo1 (1:K 5-1Y A 4 0: Z5 S C. skid= LSH- �V�tV4� = `(�3 ,�td[,;-, t LtnSha,ed ia+te -3- UNSIGNALIZED INTERSECTIONS 1. .. E 10-2. CRITICAL GAP CRITERIA FOR UNSIGN. LED INTERSECTIONS BASIC CRITICAL GAP FOR PASSENGER CARS. SEC VEHICLE MANEUVER AVERAGE RUNNING SPEED. MAJOR ROAD 30 MPII 55 MPH AND NUMBER OF LANES ON MAJOR ROAD TYPE OF CONTROL 2 4 2 4 RT from Minor Road 6.5 STOP 5.5 5.5 6.5 5.5 YIELD 5.0 5.0 5.5 LT from Major Road 5.0 5.5 5.5 6.0 Cross Major Road 6.0 6.5 7.5 8.0 STOP 5.5 6.0 6.5 7.0 YIELD LT from Minor Road STOP 6.5 7.0 8.0 8.5 YIELD 6.0 6.5 7.0 7.5 A nrt tcTAfFMTS AND MODIFICATIONS TO CRITICAL UAr, arc _ CONDITION ADJUSTMENT RT from Minor Street: Curb radius > 50 ft -0.5 or turn angle G 60' RT from Minor Street: Acceleration lane -1.0 provided All movements: Population Z 250,000 -0.5 Restricted sight distance.' up to + 1.0 NOTES: Muimum total decreax in critical gap Lu sec. Maximum Critical gap - 1A sec. • For value, of average running speed between 30 and 55 mph, interpolate. 'Thu adjustment is made for the sp,,ific movement imputed by restricted tight distance. ABLE 10-1. PASSENGER -CAR EQUIVALENTS FOR UNSIGNAL-! 1000 ED INTERSECTIONS fP£ OF VEHICLE GRADE -4% -2% 00/0 +2% +4% otorcycics 0.3 0.4 0.5 0.6 0.7 800 ,sscngcr Cars 0.8 0.9 1.0 1.2 1.4 J/ RV's' 1.0 1.2 1.5 2.0 3.0 5mbination Vch. 1.2 1.5 2.0 3.0 6.0 II Vehicles' 0.9 1.0 1.1 1.4 1.7 X ar 600 ' Singk-unit trucks and rc cational vehicle,. 'If vchkk ccmpo twn is unknown, theac vane, may be used u an aeoroaimatwn. ABLE 10-3. LEVEL -OF -SERVICE CRITERIA FOR UNSIGNAL- a 'ED INTERSECTIONS u 4 i ESERVE CAPACITY LEVEL OF EXPECTED DELAY TO (PCPH) SERVICE MINOR STREET TRAFFIC 0 400 Z 400 A Little or no delay o 300-399 B Short traffic delays 200_299 C Average traffic delays 100-199 D Long traffic delays 0- 99 E Very long traffic dclays F 20C • When demand volume eaeeeds the capacity or the lane, eaircme delays will he encountered ah queuing wbich may ruse severe oon{ation atTecting other to fie movements in the araecni This condition ua"Ily warranu improve_m to the imterteetion. Figure 10-3. Potential capacity based on conflicting traffic volume and crit- ical gap size. 200 400 . boo aw taw .aw •-w •"^ CONFLICTING TRAFFIC STREAMS. V. (VPH) -4- TRAFFIC CALCULATIONS (1) Lane Press Traffic Daily 3.2 trips/emp./day x 300 emp. = 960 trips/day A.M. Enter .71 trips/hr./emp, x 54 emp. = 38 trip/hr. Exit .13 trips/hr./emp, x 54 emp. = 7 trip/hr. P.M. Enter .27 trips/hr./emp, x 54 emp. = 13 trip/hr. Exit .53 trips/hr./emp, x 54 emp. = 27 trip/hr. Orchard Lake Road Property Traffic Daily 3.2 trips/emp./day x 150 emp. = 480 trip/day A.M. Enter .71 trips/hr./emp, x 150 emp. = 107 trip/hr. Exit .13 trips/hr./emp, x 150 emp. = 20 trip/hr. P.M. Enter .27 trips/hr./emp, x 150 emp. = 41 trip/hr. Exit .53 trips/hr./emp, x 150 emp. = 80 trip/hr. Green Acres Traffic Based on a maximum 5000 tons of quarry rock/day 5000 tons/day = 333 trucks/day 15 tons truck 333 trucks/day = 28 trucks/hour 12 hours day It is assumed this traffic is split 14 trucks entering and 14 trucks exiting. A gravity model study conducted for this project shows the traffic split to be 95% north and 5% south on Rt. 116. (See page 8) -5- SIGNAL WARRANT CALCULATIONS Using data supplied by V.A.T. Traffic Research Section of the Project Planning Division, analysis of a 7 day 24 hour count at station D124 on - Hinesburg Road conducted in May of 1984 provides the following information: AADT = 4740 Mean Peak 8 hour = 2525 + 256 1985 - 1992 projection factor = 1.17 1992 AADT = 4740 x 1.17 = 5546 Peak 8 hour = 2525 x 1.17 = 2954 2954 / 8 = 369 vehicles/hour Projection factor based on 2.57. per annum growth CONCLUSIONS: LEVELS OF SERVICE: (2) The left turn movement into the site from Hinesburg Road experiences level of service A in the P.M., and A in the A.M. The shared lane movement out of the site onto north bound Hinesburg Road experiences level of service A both A.M. and P.M. SIGNAL WARRANTS (3) Warrant 1 - Minimum Vehicular Volume The calculated hour volume of 369 veh/hr is below the minimum of 500 which warrants a signal. Warrant 2 - Interruption of Continuous Traffic The minimum number of vehicles per hour required under this warrant is 750, well above the 369 calculated for this study. The remaining warrants: Pedestrian Volume, School Crossings, Progressive Movements, Accident Experience, and Combination of Warrants are not applicable due to the low volumes experienced. INTERSECTION GEOMETRY (4) The existing intersection, with a by-pass lane on the right of the northbound lane of Rt. 116, and a right turn lane off the southbound lane, as constructed by Mitel in 1981 is sufficient for the new volumes. -7- Orchard Lake Road Properties Traffic D )bution by Gravity Model A B C D E P G H I MUNICIPALITY POPULATION MILEAGE TO SITE AM Ent AM Ext PM Ent PM Ext Bolton 723 12 5 0 0 0 0 0 Burlington 37727 7 770 .22 37 9 16 29 Charlotte 2565 15 11 0 1 0 ii 0 Colchester 12624 ll 104 .03 5 1 2 4 Essex 21450 5 858 .25 41 10 17 32 Hinesburg 2681 9 .33 .01 2 0 1 1 Huntington 116E 18 4 0 0 0 0 0 Jericho 4892 15 22 .01 1 0 0 1 Milton B.J2 11 19 .01 1 U 1 1 Richnond 4024 11 33 .01 2 0 1 1 St. George 679 1 14 0 1 0 0 1 Shelburne 5009 7 102 .03 5 1 2 4 South Burlington 10694 3 1188 .34 57 14 24 45 Underhill 2156 18 7 (1 0 0 0 0 Westford 1419 15 6 0 0 0 0 0 Williston 3844 6 107 .03 5 1 2 4 Winooski 6319 6 176 .,!5 8 2 4 7 Total 126226 3469 166 41 71 130 167 entering trips A.M. 41 exiting trips A.M. 711 entering trips P.M. 131 exiting trips P.M. Values of total trips originating in [one j. Columms defined (5) A• Zone j B: A = Attractive force in zone j C• Dij = Travel impedence between zone i and j D: D = Aj/(Dij)2 E: E = Aj (Dii) 2 Ai/(Dij)2 F, G, H, I, = tij = Pi = Aj/(Dij)2 = trips from zone i to zone j A / (Dij) 2 References: 1. Trip Generation 3rd Edition " Institute of Transportation Engineers 525 School St., S.W. Washington, D.C. 20024 100 - Industrial 2, Highway Capacity Manual 1985 Special Report 209 Transportation Reseach Board National Research Council 2101 Constitution Ave., N.W. Washington, D.C. 20418 Chapter 10 3. Transportation and Traffic Engineering Handbook - 1976 Institute of Traffic Engineers Prentice Hall, Inc. Englewood Cliffs, N.J. Pages 782 - 789 4. A Policy on Geometric Design of Highways and Streets 1984 American Assoc. of State Highway and Transportation Officials Suite 225 444 North Capitol St., N.W. Washington, D.C. 20001 Page 823 5. Traffic Engineering: Theory and Practice Pignataro, Louis Copyright 1973 by Pentice Hall, Inc. Englewood Cliffs, New Jersey MON DYNAPOWER. PROJECT DESCRIPTION Burlington Properties, L.P. , formerly Orchard Lake Road. Properties, is planning a 50,000 s.f. addition to the manufacturing portion of its existing facility. The addition will attach to the west side of the existing building matching the floor and roof elevations. The new facade will match the existing in color and texture. An interior truck well will be added to the southwest corner of the addition for access. The original permit for the 82,700 s.f. building issued in 1988 anticipated 150 employees, 120 peak hour trip ends and 3,170 gallons of sewage per day. The plans indicated a future addition of approximately 55,000 s.f. This proposed addition will be built in the position shown on the original drawings, except 5,000 s.f. less. Currently, there are 120 employees and with the addition, this figure could grow to 150 over time. In conclusion, the proposed addition will not exceed the number of employees, traffic, parking, sewage or future planned addition footprint granted in its 1988 permit. � ; -J _._._._ � �..� 1 t 1 � � �����,,��__ ff1 W ' � V a 1WW66 � � �b ����� � �� ��� MEMORANDUM South Burlington Planning Commission August 21, 1987 "high accident location". The proposed improvements are: 1) Street lighting to provide adequate visibility and sight distances; 2) Signage; 3) Hazard identification beacons on each approach in conjunction with signage. The proposed geometric changes on Airport Parkway are: 1) Southbound left -turn lane at Shamrock Road; 2) Northbound right-turh lane at Ethan Allen Drive; 3) Widen Ethan Allen Drive to 3 approach lanes; 4) Remove crest on Shamrock Road.. to improve sight distances. In addition, 1992 Design Hour Volumes do not warrant a signal. The City of South Burlington recently signed an agreement with the Vermont AOT for them to perform a preliminary engineering study to replace Lime Kiln Bridge. The Planning Commission should consider an impact fee to fund the reconstruction of Lime Kiln Bridge based on the trip ends generated by the entire industrial subdivision. The enumerated improvements should be funded in whole or in part by the developer and constructed to City standards. Green Mountain Power Company sent a letter to FitzPatrick- Llewellyn regarding development below the power lines. (See enclosed letter) All changes requested by GMP must be complied with in order to provide compatible joint use of the power line r.o.w. Other: See Bill Szymanski's and Chief Goddette's comments. 5) ORCHARD LAKE OAD PROPERTIES, HINESBURG ROAD The applicant proposes to construct a two-story, 96,200 square foot building on the 80 acre lot south of Lane Press. The building will be used to manufacture electrical equipment ("Dyna- Power"). Access: A 30 foot wide access drive is shown off the existing private 30 foot wide drive to Lane Press to the north of the proposed building. Future access will also be obtained from the proposed extension of Swift Street. (See Bill's memo regarding this alignment.) Circulation: Circulation is around the north west and south west of the building where the parking lots are located. The 30 foot 3 11ri G� MEMORANDUM South Burlington Planning Commission August 21, 1987 wide drive provides adequate circulation for automobiles. A 400 foot wide by 400 foot deep loading bay located -at the north side of the building is provided. Parking: The development requires 100 parking spaces plus 1 space for each company vehicle operating from the premises. The plans / show 155 spaces. Landscaping: The plan requires $52,500 worth of landscaping. Staff calculations show $37,000 worth. The applicant shows a figure of $67,620 as the cost of the proposed landscaping. It is a good landscaping plan, but it does not meet the dollar amount required, according to my calculations. If the tree sizes are increased and perhaps if a few more are added, the applicant could meet the requirement. Traffic: The applicant estimates that 250 trip ends per day will be generated. During the peak hour of 4 - 5 P.M., 120 trip ends will be generated. The site is just out of traffic overlay zone 5, and therefore the overlay does not apply. However, this use will certainly generate significant traffic on to Hinesburg Road. As with Lane Press, the Commission should require the applicant to study the Hinesburg Road intersection to evaluate whether any improvements are necessary. A Hinesburg Road intersection improvement fee shall be paid to the City based on the 120 trip ends generated. Other: See Bill Szymanski's and Chief Goddette's comments. A sewer allocation of 2250 gpd must be made and the $2.50 per gallon fee must be paid prior to permit. Building permits will not be issued until the capacity is available from the Airport Parkway Sewage Treatment Plant. A contribution to the Hinesburg Road sidewalk fund shall be made based on the 633 feet of frontage. This number will be available at the meeting. 6) PHIL GEORGE, LOT #3, 9 GREGORY DRIVE Mr. George proposes to construct a 13,600 square foot building on a 50,594 square foot lot for multiple uses (storage, distri- bution, warehouse establishments and repair shops). The appli- cant is seeking a multiple use permit from the Zoning Board on the 24th. Access: Access to the lot is shown via a 32 foot wide drive from the new section of Gregory Drive which will be realigned and extended to Green Tree Park. This lot is owned by C.W. Gregory. As you know Mr. Gregory did not build Gregory Drive to acceptable City standards. The Planning Commission should consider tabling this application, or approving it with a condition that the road be upgraded. (See Bill Sz,ymanski's memo regarding this.) 4 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 August 4, 1988 Mr. Peter Pollack Dynapower'Corporation 29199 Orchard lake Road P.O. Box 3180 Farmington Hills, Michigan 48018-8180 Dear Mr. Pollack: r", e p tJ, & N, ZONING ADMINISTRATOR 658-7958 On August 2, 1988, the South Burlington Planning Commission approved your request for an extension in which to acquire a building permit for the Orchard Lake Properties project. The building permit must be obtained within six months of the date of your request (July 26, 1988) or the Planning Commission's site plan approval is null and void. If -you have any questions, please do not hesitate to contact me. Sincerely, 90--- t4_�� Y� Joe Weith, City Planner JW/mcp LAW OFFICES THOMAS F. HEILMANN & ASSOCIATES, INC. THE GIDEON KING HOUSE 35 KING STREEF P. O. BOX 216 BURLINGTON, VERMONT 05402-0216 THOMAS F HEILMANN C:HRISTOPHER D. EKMAN )ANICE A.FORGAYS ROBERT V. SIMPSON MARY I. SIGLER* ADMITTED IN OK AND MO ONLY HAND DELIVERED December 6, 1988 Mr. Joe Weith Planning Commission City of South Burlington 575 Dorset Street So. Burlington, VT 05403 RE: Orchard Lake Road Properties Dear Joe: TELEPHONE (802) 8Gi1-4555 FAX » (802) 864-4659 Enclosed herein please find Findings of Planning Commission or Municipality. These Findings must be returned to VIDA by Wednesday, December 7, 1988. If you have any questions, please do not hesitate to contact me. Very truly yours, Thomas F. Heilmann TFH:lkm Enc. TFH.PPP.56 VIDA No, 4 (2) (3) (4) (5) VERMONT INDUSTRIAL DEVELOPMENT AUTHORITY Findings of Planning Commission or Municipality (To be prepared by Municipal Planning Commission; if no Municipal Planning Commission exists, Munici- pal Officers or Regional Planning Commission may make findings.) Name of Planning Commission orcMvxtdpakty City ... o . f .... South Burlington .... Planning Commission ........................................................ ............ I ......... ... ...... ................. ................. Description of Proposed Industrial ProjectCorp..D.0 f a c t u r i 1A 9. .............. I ...... facility ..... ... .remises owned.by .. !?.y�qh,�Td Lake Road.,Pop .rerties, ...p......................... ..... ... ........... Properties, H, 1.n. e. s.b u. r.q..Road,... Route .... 116, South ... Burlington, Vermont. ..................................... . Municipality in which Proposed Industrial Project WPXrk is to be located .... Qity ... 0. .......... Burlington, ............. ...... Vermont ................ ..... I ........................ . ................ I ........... ....... .................................... The undersigned ................Planninc.. Commission ...... I., ................................ ........................ I ....................... (X49GyP'W6dtdfih) (Punning Comrnfwion) of the City, >TbNm of ...Sou.th ... B.ur.li_ngt'0n ............................ ........ . .. . .... ........... . Vermont, after a study of the proposed industrial site, a review of the municipal ordinances and a general study of the effects of the proposed industrial project>w4wlz upon the municipality in which it is to be located here- with submit the following findings at the request of the Vermont Industrial Development Authority. 1. That the proposed industrial project =parkx0&dMx(will not) violate existing zoning ordinances and regulations, and would be located in a district zoned ... . I ndu s tx: i.aj /.ag.r ic.u1.t.uK.aJ ...... . 2. That the proposed industrial project ampxi* (is) (hs=14 in accord with a comprehensive municipal plan. 3. That the proposed industrial project WpWt>(VM1) (will not) involve unusual costs to the com- munity. If affirmative --estimate cost- N/A WaterMains $ ....................................................... Street Extensions $.. .. .. ................ ................................. S---wer .... ..................................................... othcr costs (itc—mized) ......................................................................................... ...................................................................... 6. That the proposed industrial project orxpuk (is) *ttxi,* in the best interests of the community for the following reasons: (a) The project will result in high paying jobs for the community; (b) The project will result in substantial tax payments to the ... 6f ... BuT-1-i-ff tff6 ... S-t:ii-Ei­6f ... Vb"rff6nt ....... ...will enhance. -the.. image ..of. this .... comm.uriity.'.s ... alod.11ty ... t-o ... a.ttr.act.-.at.trac_tive environmentally conscious industry. ............................................................. .... .... ..... .... .......................... ................................................... . signatures........................ ......... ................ .............. -.e ..... ..... .. . ............ .......................... ............. ........ ........... . ................... . ..... ... . .. . .. ................. ........................ ....... } TO- NEW ENGLAND TE . J i o J IZ K 6 h? WRf v N T J LANE PRESS }I INE . II — i m — X GAS 9 WATER EASEMENT I PLUS 10 E-ECTRICAL EASEMENT m _ _ SEA!FV, l G7 w / vQrE (\) SN0„' STORAGE EAS .9E T; C '+► ;. w D 30' DRIVE EASEME_:VT-- / - —--' SEE SHEET S 3 — — — FUTURE` I 0s 42 3.00' ADDITION L i WILES PROPOSED LOCATION OF iC i ------------1 SWIFT ST. EXT160 - I R a A PA+v T E.R 1 X// PARKING i SPACES R Q A PAINTER APRO X L a S W I LE$ I i ` FUTURE - RE :FWEP EASEMENT CCESS QF'PRO< \\ 7 PE EE STRIAN I CASE MFYT I — � — — — TRUDELL CONSULTING ENGINEERS, Inc. January 21, 1988 Ms. Jane B. LaFleur City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05401 RE: Orchard Lake Road Properties (Dynapower) Dear Jane: Transmitted herewith are four copies of a revision to our site plan that would allow Orchard Lake Road Properties access without requiring them to cross Landrum property. We do not feel this is in the interest of both parties and expect them to reach some type of mutually agreeable resolution that would use the previous access originally planned. Very truly yours, T EL CONSULTIN ENGINE YS, INC. i ichard P. Trudell RPT/bee Enc. 14 BLAIR PARK ROAD BOX 308, WILLISTON, VERMONT 05495 (802) 879-6331 a ' I 362.0 { 1 PROPOSED SUWNQ �1 NOTE: SEE SP6 FOR ,r� F ENTRANCE SCHEDULE NOTE: SEE SP3� FOR, 8tJ1LWN0 SIZE _ I * FZ►IMMG SOMDULE w t SIZE CflitDl'lZ01i !�0'rURCAL Nl1ME rai[lgus pem ai faoi ' atMe eblileta 2 I /Z 3 Cal B & B -46 20 , OORPFRN SPY APPLE FA— 441 1 — 2" SEUDWARF 86 ylY'PIu 1 Pions aigra_s4sftiaca T - 8' $ & B 20 t Pions reatnosn S' - 6' B & B 35�. B8US8 '' Ranoyms alstas 3' - 4' B & B - — 70 STONE ARA-04 APRON PROPOSED AD TION cONnNuolJs 2' WIDE a/s"smNE i �" \ P.T. 5/8 x 6 EDGING \ PLANTING SCHEDULE QUANTITY COMMON NAME BOTANIC NAME 7 NORTHERN SPY APPLE FA-441 6 BURNING BUSH Enonymus-• a2ataa ii. j o . 180 SPREADING CO'TONEASTER Cotoneastes dirarirat"- i0 102 GLOBE ARBORVITAE Thuja woodwardi •19 MAXI -SPOTTER 7 ■ NOVALITER 2 • MINI -LOCATOR 10 • BOLLARD 6 SOFFIT LIGHT i i 368 co w I SIZE NOTE 1 1/2" - 2" SEMIDWARF I 3' - 4' B & B 18" - 24" Cont. / 18" - 24" Cont. / LIGHTING SCHEDULE WM-0520CU; L05038 (EXN) RD-0602; L05038 (EXN) NIGHTSCAPE 12 VOLT (2) T250-20LC TRANSFORMERS GU-0703; L01195 100 WATT MH LOUVERED, ROUND, STERNER OR EQUAL 100 WATT INCANDESCENT 1/25/88 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Orchard Lake Road Properties for construction of a 82,700 square foot manufacturing facility for Dyna Power as depicted on a 2 page set of plans entitled "Master Site Plan, Orchard lake Road Properties, South Burlington, Vermont" dated 7/27/87, revised 1/21/88 prepared by Trudell Consulting Engineers with the following stipulations: 1. A $52,500 landscaping bond shall be posted prior to permit. 2. A $7968 contribution to the Hinesburg Road/Kennedy Drive intersection improvement fund shall be paid prior to permit based on the 120 peak hour trip ends generated by the developer. 3. A 3170 gallon per day sewer allocation is granted and the $2.50 per gallon fee shall be paid prior to permit. 4. A $20,400 contribution to the Hinesburg Road sidewalk fund shall be paid prior to permit based on the 633 (.less 50 feet paid by Lane Press) feet of frontage. 5. The access to this bui--ding shall be obtained from Swift Street Ext ion in._--tfie location jab,& -led as "Future Access". Swift eet $,hedf be bu�ij-t--tt`City standards as to base and sha have -'fir feet of pavement with 3 foot shoulders on each s' e. or 5. The access to the building is approved as shown on the plans. e o The new connection of a driveway to Lane Press shall be shown on the plans and approved by the Planner prior to permit. A bond shall be posted for this prior to permit in an amount determined by the City Engineer. 6. The intersection of the Lane Press/Orchard lake driveway and Swift Street shall be made at at a right angle when Swift Street Extension is built. This revision shall be paid for by this developer and a bond posted prior to permit. The amount of the bond shall be determined by the City Engineer. 7. All roof top apparatus shall be screened to not be visible from Hinesburg Road. 8. Any additional construction or future expansion shall require a new site plan approval. 9. The building permit shall be obtained within 6 months or this approval is null and void. IN 20' SEWER EASEMENT 70 NEW ENGLAND TE K 8 WJ WRIGHT + o P .3 WILES ROPOSED LOCATION OF SWIFT ST E X T - R a A PAINTER ' I �� I R 6 A P4 IN E .9 S NIL E S SFWER EASEMENT LANE PRESS E ir 20 E 14EAI 7- W77 L C, PROPOSED BUILDING SEE SHEET S,�5 N� TUBE ADDITION 160 PARKING SPACES 15 PEDESTRIANFUTURE API ACCE SS WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That SEMICON COMPONENTS, INC., a Massachusetts corporation with a principal place of business in Burlington, in the County of Middlesex and Commonwealth of Massachusetts, Grantor, in the consideration of Ten and More Dollars, paid to its full satisfaction by ORCHARD LAKE ROAD PROPERTIES, a Michigan partnership with a place of business in Farmington Hills, Michigan, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said ORCHARD LAKE ROAD PROPERTIES, Grantee, and its successors and assigns forever, a certain parcel of land, with the improvements thereon and appurtenances thereto, in South Burlington, in the County of Chittenden and State of Vermont, con- taining 80.00 acres, more or less, and more particularly described with reference to a certain plan entitled "Plat of Land of Semicon Components, Inc., Hinesburg Road, South Burlington, Vermont," prepared by Trudell Consulting Engineers, Inc., dated December 9, 1981, last revised August 29, 1986, and recorded in Volume 2ar3 at Page t� of the South Burlington Land Records (hereinafter the "Plan"), as follows: Commencing at a point marked by a concrete monument set in the easterly sideline of the right-of-way of Hinesburg Road at the point of inter- section of the common boundary of lands now or formerly of L. & S. Wiles and the within Grantor; Thence proceeding N 83°06'48" E a distance of 423.00 feet to a concrete monument; Thence turning to the right and proceeding S 05°59'21" E a distance of 500.00 feet to a concrete monument; Thence turning to the left and proceeding N 83°O1'59" E a distance of 3,073.19 feet to a concrete monument; Thence turning to the left and proceeding N 07°51'39" W a distance of 1,143.06 feet to a concrete monument set in the southerly sideline of the right-of-way for Interstate 89; Thence turning to the left and proceeding N 79°18'18" is a distance of 449.40 feet to a concrete monument; Thence continuing N 79°18'18" W a distance of 346.39 feet to a point; Thence proceeding on a curve to the right with a central angle of 4°02'11" and a radius of 4,683.75 feet, a distance of 329.96 feet to a concrete monument; Thence turning to the left and proceeding S 08°32'07" W a distance of 815.40 feet to a concrete monument; Thence turning to the right and proceeding N 87°06'43" W a distance of 1,473.40 feet to a concrete monument; Thence turning to the right and proceeding N 04°46'35" W a distance of 170.00 feet to a concrete monument; Thence turning to the left and proceeding S 83°11'01" W a distance of 727.00 feet to a concrete monument set in the easterly sideline of Hinesburg Road; Thence turning to the left and proceeding S 05°59`21" E a distance of 633.20 feet to the point or place of beginning. Being a portion of the same lands and premises conveyed to the Grantor herein by deed of Mitel, Inc., recorded in Volume 209 at Page 294 of the South Burlington Land Records. The within described property is conveyed subject to the following: (a) Sewer line easement with Keith Wright dated December 9, 1976, and recorded in Volume 123, Page 480, of the South Burlington Land Records; (b) Agreement between the City of South Burlington and Bernard Roy, George DeForge, Robert E. Boardman, David M. Boardman and I. Munn Boardman, Jr., recorded in Volume 136, Page 309, of the South Burlington Land Records; (c) Easement from Keith Wright to Green Mountain Power Corporation, dated May 1, 1961, and recorded in Volume 63, Page 15, of the South Burlington Land Records; (d) Easement from City of South Burlington to Mitel, Inc. for aban- donment of part of a 20 foot sewer line, which is shown on a plan by Dick Trudell, and recorded in Volume 179, Page 400, of the South Burlington Land Records; (e) Sewer easement to Pizzagalli (for New England Telephone Building) for sewer, to be offered to the City and recorded in Volume 207, Page 176, of the South Burlington Land Records; -2- (f) Agreement between the City of South Burlington and Mitel, Inc., which is recorded in Volume 176, Page 510, of the South Burlington Land Records; (g) General easement to Green Mountain Power Corporation for under- ground/overhead electrical, dated August 13, 1981, and recorded in Volume 176, Page 138, of the South Burlington Land Records; (h) Taxes assessed for 1986 and for subsequent years which are not yet due or payable (prorated at closing) which the Grantee herein assumes and agrees to pay as part of the consideration for this transaction; (i) Title and rights of the public and others entitled thereto in and to those portions of the within described premises lying within the bounds of that adjacent street and way known as Hinesburg Road; (j) The easements, rights -of -way and rights depicted on the Plan, including: i. Pedestrian easement along southerly line. • ii. Sewer easement and easement for access to sewer lines. iii. Conservation zones. iv. Green Mountain Power easement. V. Restricted runway approach area. (k) Land Use Permit #4C0473 and Land Use Permit #4C0473-1; (1) The terms of an Offer of Irrevocable Dedication between Grantor and the City of South Burlington dated November _, 1986, and recorded in Volume at Page of the South Burlington Land Records. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, in aid of this description. The Grantor hereby reserves, for itself and its successors and assigns, a right-of-way and easement in common with Grantee, its successors and assigns (hereinafter "Right -of -Way") thirty (30) feet in width as shown on the Plan for: (a) vehicle and pedestrian ingress and egress; and, (b) the installation, operation, maintenance, repair, replacement and removal of all types and forms of underground utilities between Hinesburg Road (Route 116) and the parcel labeled 31.26 acres on the Plan (hereinafter " Retained Parcel"). The Right -of -Way is to be used in common with the Grantee and -3- its successors and assigns. The parcel of land subject to the common Right -of -Way is designated as "30' paved drive" on the Plan. Grantee shall have the right, at its sole cost and expense, to relo- cate the Right -of -Way reserved herein in order to facilitate the develop- ment of the within conveyed lands as shown on the Plan, provided, however, that Grantor shall at all times have the use of the full width of the reserved Right -of -Way for the purposes stated herein during such relo- cation. In the event Grantee elects to relocate the Right -of -Way, Grantee 1, / ( shall construct a roadway at least 30' in width from Hinesburg Road to a Jpoint along the southerly boundary of the Retained Parcel mutually agreed \ upon between Grantor and Grantee (hereinafter the "Replacement Roadway"). In the event Grantee elects to construct the Replacement Roadway, it shall do so at its sole cost and expense and the Replacement Roadway shall be constructed at least equivalent in width, materials, surface and workmanship to the existing thirty-foot (30') paved road located in the Right -of -Way. Grantee, at its sole cost and expense, shall provide Grantor with a properly executed and acknowledged easement deed reasonably acceptable to Grantor conveying a perpetual easement for the Replacement Roadway upon the same terms and conditions stated herein (hereinafter the "Replacement Easement"). The Replacement Easement shall be the same width as the Right -of -Way reserved by Grantor herein, (including the additional easements for snow storage and electric utility easement) and shall be free and clear of all encumbrances, mortgages, liens and defects. The execution by Grantee and the acceptance and recording of the deed to the Replacement Easement by Grantor shall extinguish and terminate the Right -of -Way reserved herein (provided the Replacement Roadway shall have been constructed). -4- In the event the Replacement Roadway is constructed by Grantee, the cost of construction of the road from Grantor's southerly boundary line to the existing private roadway traversing the Retained Parcel shall be at the expense of Grantor. In all events and at all times Grantor shall have the use and enjoy- ment of an easement and road traversing Grantee's property from Hinesburg Road to the Retained Property, for ingress and egress, snow storage and utilities, and such use and enjoyment shall not be interrupted or impaired. At such time as Grantee, its successors or assigns, commence regular use of the Right -of -Way reserved by Grantor or any relocation thereof, Grantee, its successors and assigns and Grantor, its successors and assigns shall be jointly responsible for the maintenance of the roadway located on the Right -of -Way or the Replacement Easement and Replacement Roadway, and shall each be equally responsible for any required maintenance, repair, snowplowing or improvement of the roadway, provided, however, that Grantor shall not be required to maintain any portion of any roadway which is not used for ingress and egress to and from the Retained Parcel and Hinesburg Road. Until such time as Grantee commences regular use of the Right -of -Way, Grantee shall not be required to perform any maintenance on the Right -of -Way including snow removal. Prior to Grantee's use of the Right -of -Way, Grantor shall have the right, at its sole cost and expense, to perform any mainte- nance work including snowplowing on the Right -of -Way and shall not receive any reimbursement therefor from Grantee. Grantor hereby reserves the right to itself and its successors and assigns, and hereby grants to Grantee and its successors and assigns, the -5- right to create additional tenancies in the easement reserved herein and to convey one or more such additional tenancies to persons or entities acquiring portions of the property conveyed herein or the Retained Parcel, provided all such additional tenants agree to the terms and conditions of this easement and agree to bear a reasonable allocation of the obligations to maintain this easement. Grantor further reserves to itself and its successors and assigns additional easements as follows: (a) for the storing of snow removed from the Right -of -Way or Replacement Right -of -Way on a strip of land ten (10) feet in width located on each side of the Right -of -Way or Replacement Right -of -Way; (b) an easement ten (10) feet in width to maintain in place, repair, replace, and/or remove the existing electric utility poles and streetlights located next northerly of the existing Right -of -Way but not adjacent to the Replacement Right -of -Way; and (c) an easement for the installation of utilities over, under, and through the strip of land thirty (30) feet in width located next southerly of the common boundary between the within conveyed property and lands now or formerly of K & M Wright (as described in Volume 115 at Page 342 of the South Burlington Land Records); all as shown on the Plan. TO HAVE AND TO HOLD the said granted premises, with all the privileges and appurtenances thereof, to the said Grantee and its successors and assigns, to its own use and behoof forever; and SEMICON COMPONENTS, INC., the said Grantor, for itself and its successors and assigns, does covenant with the said Grantee, and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are r` FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed by its duly authorized agent, who has hereunto set his hand, this 3 day of NQ*efftb.@,r 1986. Fk�c.�clky. In Presence Of: COMMONWEALTH OF MASSACHUSETTS COUNTY, SS. SEMICON COMPONENTS, INC. By: Its Duly Authorized Agent At �L in said Count this .3 day of a 1986, personally appeared . 4C' duly authorized agent of Semicon Components, Inc., and he acicnowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of Semicon Components, Inc. [PK24C] Verrnant Prcp�--riy -i ransier Tax 32 V. S. A. C Op. 231 -1 V RETURB f, 'J - JAa ;;ID - L�AP,D Ci IIULTA CERT. REC'D �,T. Lr.3 L.L P. =:C F::: C::T PEANS ACT. CERT. REM fteUrn t!i A�1g3Rb`� S:gn,d Clerk Date r Before me,� NotAy Public 71Z,:7/1946 -7- CITY. of sotrm BURL1 NGTON SITE PLAN APPLICAT 10N l ) OWNER OF� RECORD ( name, address, phone # ) Orchard Lake Road Properties 29199 Orchard Lake Road, P.O. Box 3180 Farmington Hills, Michigan (313) 553-4300 2) APPLICANT (name, address, phone #) Same as above 3) CONTACX PERSON (name, address, phone #) _ Richard P. Trudell Trudell Consulting Engineers, 14 Blair Park Road, Williston, Vermont 879-6331 1GIDO 4) PROJECT STREET ADDRESS: Hinesburg Road. South Burlington, Vermont 5) LOT NUMBER (if applicable)N/A 6) PROPOSED USE(S) Manufacture of electrical equipment 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) Max. ht. = 35 ft I.building: 1st floor 84,100 sq ft • 2nd floor 12 000sg ft = 96,200 sq,ft 8) NUMBER OF EMPLOYEES 150 9) LOT COVERAGE: building 2.4 %; landscaped areas___J_96 building, parking, outside storage 5.6% 10) COST ESTIMATES: Buildings $4.5 m;11;nn , Landscaping $ 67,620+,�wr Other Site Improvements (please list with cost) $ Earthwork $175,000; Utilities $155,000; Roads/Parking $ 115,000 1 1 ) ESTIMATED PROJECT COMPLETION DATE: -January 1989 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) 250_ve Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 10 12-1p.m. 20 ; 1-2 p.m. 5 ; 2-3 p.m. 5i_ 3-4 p.m. 5 4-5 p.m. 120 ; 5-6 p.m. 10 ; 6-7 p.ut. o 13 ) PEAK HOURS OF OPERATION: 7:00 AM - 5:00 Pm 14 ) PEAK DAYS OF OPERATION: Monday - Friday 8-14-1987 DATE OF SUBMISSION R-95-1987 DATE OF )TEARING SIGNATURE OF APPLICANT City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 April 27, 1988 Peter Pollack Orchard Lake Road Properties 29199 Orchard Lake Road P.O. Box 3180 Farmington Hills, Michagan 48018 Dear Mr. Pollack: ZONING ADMINISTRATOR 658-7958 Enclosed please find your copy of Findings of Fact. If you have any questions please call me, Sincerely, .Jane B. Laf•leur, City Planner JBL/mcp 1 E.ncl 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 February 16, 1988 Peter Pollack Orchard Lake Road Properties 29199 Orchard Lake Road P.O. Box 3180 Farmington Hills, Michigan 48018 Re: Orchard Lake Road Properties, 1020 Hinesburg Road Dear Mr. Pollack: ZONING ADMINISTRATOR 658-7958 Enclosed are the January 26, 1988 Planning Commission minutes. Please call me if ,you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Enc1 cc: Thomas Heilmann Richard Trudell TRUDELL CONSULTING ENGINEERS, Inc. January 12, 1988 Ms. Jane B. LaFleur City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05401 RE: Orchard Lake Road Properties (Dynapower) Dear Jane: On behalf of Orchard Lake Road Properties, I am requesting an extension to their site plan approval. The approval would expire February 25, 1988. At the present time, we have had our hearing with the District Environmental Commission, and pending receipt of a few miscellaneous items, expect them to issue a Land Use Permit within a couple of months. Please note that the approval the Planning Commission granted was for a 96,200 sq. ft. building. Subsequent to your approval, the building size was cut down to 82,700 sq. ft. No other significant changes were made and you received the current drawings as a part to the Act 250 submission. Very truly yours, LL C NSU T G ENG94EERS, INC. Richard P. Trudell RPT/dpl 14 BLAIR PARK ROAD BOX 308, WI LLISTON, VERMONT 05495 (802) 879-6331 TRUDELL CONSULTING ENGINEERS, Inc. November 25, 1987 Jane LaFleur City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Jane: Transmitted herewith are plans and supporting documents for a manufacturing facility located in South Burlington. In accordance with Title 10 VSA, Section 6084, you are entitled to a copy of the application. I am submitting two sets to cover our requirements to provide plans to both the Planning Commission and City Council. Very truly yours, TRUpELL-ONSULTING EN NEERS, C. Richard P. Trudell RPT/jlv Encl. 14 BLAIR PARK ROAD BOX308, WILLISTON, VERMONT 05495 (802) 879-6331 City of South E3urlin4"tou 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658.7955 September 23, 1987 Richard Trudell Trudell Consulting Engineers 14 Blair Park Road Williston, Vermont 05495 Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed please find your copy of Findings of Fact. If you have any questions please call me. Sincerely, Jane B . Lafleur, City Planner JBL/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 4, 1987 Richard Trudell Trudell Consulting Engineers 14 Blair Park Road Williston, Vermont 05495 Re: Orchard Lake Road Properties Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of the August 25, 1987 Planning Commission meeting. Please be sure to meet all of the stipulations in the approval motion prior to permit. Please call me if you have any questions. Sincerely, Jane B. Lafleur, City Planner JBL/mcp 1 Encl cc: Orchard lake Road Properties 8/24/87 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Orchard Lake Road Properties for construction of a two story, 96,200 square foot building at 1020 Hinesburg Road as depicted on a set of plans entitled "Orchard Lake Road Properties, South Burlington, Vermont" prepared by Trudell Consulting Engineers, dated 7/27/87 with the following stipulations: 1. A $52,500 landscaping bond shall be posted prior to permit. Revised plans reflecting this amount shall be submitted to the City Planner for approval prior to permit. 2. A $7968 contribution to the Hinesburg Road/Kennedy Drive intersection improvement fund shall be paid prior to permit based on the 125 peak hour trip ends generated by this development. .; ►-7 3. A sewer allocation of, 0 gallons per day is granted and the $2.50 per gallon fee must be paid prior to permit. No building permit will be issued until capacity is available. "50►ev&61 � � 4. A $20,400 contribution to the Hinesburg Rsidewalk fund shall be paid prior to permit based on the j'feet of frontage. 5. Plans shall be approved by the South��url`ington Fire Chief prior to permit. 6. The intersection of the Lane Press/Or and Lake Road and Swift Street shall be made at a right angle This revision shall be paid for by this developer and bonded prior to permit. The amount of the bond shall be determined by the City Engineer. 7. The building permit shall be obtained within 6 months or this approval is null and void. cab*" C,� au-() o.r "�, b" Vrt.., r,,X� Y�t:iL ql'&� a-f ,�,a L,,C- 'S��,eg fc� -�m "Ao. W;,e& L� a,� 6,,azt,�,-, Tccw� 41w-� ��- l M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: August 25, 1987 agenda items Date: August 21, 1987 2) SUMMER WOODS, PATCHEN ROAD, REVISION DATED 8/19/87 1. This is a much better plan. I would recommend that the future extension of the street into the Munson property be shown in dash and a large note stating that the street will continue northerly into the Munson property when it is developed. 4) ETHAN ALLEN FARMS, ETHAN ALLEN DRIVE 1. Comments in memo of July 25, 1987 especially number 1, 2, 3 were not complied with. 2. A plan detailing the location of gas, telephone, electricity, T.V. cable and street lights shall be submitted for review and approval. 3. It shall be the responsibility of the developer to see to it that lots 23 - 28, with on site sewage disposal, hook into the sewer system when it is completed. 4. Water fittings shall be wrapped with polyethylene where concrete thrust blocks are used. 5. Trees shall be planted at least 5 feet from the water main. 6. Depth of topsoil replacement (4 inches) should be noted on typical detail on page 8. 5) ", RCQ� HARD LAKE ROAD, PROPERTIES 1. When Swift Street extension is constructed the joint entrance drive to this development and Lane Press will have to be adjusted slightly to intersect Swift Street Extension at, a right angle. The developer should anticipate this adjustment. 2. The previous owner allowed the City use of the vacant .land for sludge disposal. The City would like to resume that privilege until the land is developed or the owner feels the City is creating a nuisance. The disposal will be by injecting the sludge into the soil. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 21, 1987 Richard P. Trudell Trudell Consulting Engineers 14 Blair Park Road Williston, Vermont 05495 Re: D,yna Power, 1020 Hinesburg Road Dear Mr. Trudell: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, August 25, 1987 to represent ,your request. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encls cc: Orchard Lake Road Properties TO: FROM: RE: DATE: # 3 . I ) �§nntb �Surltngtnn Rtrc :49Fpartment 575 D urnet �3trert mutt Nurtington. Ifermant 05401 MEMORANDUM ---------------- SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY AUGUST 25,1987 AGENDA ITEMS AUGUST 20,1987 1 OFFICE OF JAMES W. GODDETTE, SR. CHIEF (802) 658-7960 ETHAN ALLEN FARM SUB -DIVISION PHASE 3 LOTS 22-42 PLANS REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT. ORCHARD LAKE ROAD PROPERTY HINESBURG ROAD PLANS BEEN REVIEWED AND BECAUSE OF THE SIZE OF THE BUILDING THERE IS NOT GOOD ACCESS TO THE BUILDING FOR EMERGENCY EQUIPMENT. LOT-3 GREGORY DRIVE OVER ALL I DO NOT SEE A PROBLEM WITH THIS BUILDING BUT DUE TO THE SIZE ONE HYDRANT SHOULD BE INSTALLED ON THE PROPERTY AND LOCATION APPROVED BY THIS DEPARTMENT. DESLAURIER/DORSET STREET PROPERTY. PLANS REVIEWED BY THE FIRE DEPARTMENT AND THE FOLLOWING WAS FOUND WHICH NEEDS TO BE CORRECTED FOR EMERGENCY SERVICE: A. ROADS TO BE NO LESS THEN 30FT. WIDE. B. BUILDINGS TO BE SO LOCATED ON PROPERTY FOR BETTER ACCESS FOR EMERGENCY EQUIPMENT. C. LOOPED WATER SYSTEM AND PROPER NUMBER OF HYDRANTS INSTALLED FOR SIZE OF BUILDINGS AT LOCATIONS APPROVED BY FIRE DEPARTMENT. I TRUDELL CONSULTING ENGINEERS, Inc. August 14, 1987 Kathryn Perkins Acting City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Orchard Lake Road Properties Dear Ms. Perkins: Transmitted herewith are 4 copies of plans for site plan review for Orchard Lake Road Properties. It is my understanding we are scheduled for a hearing on August 25, 1987. Please let me know if there is any additional information you need. Very truly yours, RPT/kah Encl. 14 BLAIR PARK ROAD BOX308, WILLISTON, VERMONT 05495 (802) 879-6331 LICENSE FOR THE USE OF ROAD AND CONSTRUCTION OF EXTENSION KNOW ALL MEN BY THESE PRESENTS, THAT SEMICON COMPONENTS, INC., a Massachusetts corporation with a place of business in South Burlington, Vermont (hereinafter "Licensor") for and in consideration of Ten Dollars and other good and valuable consideration paid to its full satisfaction by ORCHARD LAKE ROAD PROPERTIES, a Michigan partnership with a place of busi- ness in Farmington Hills, Michigan (hereinafter "Licensee") does hereby license and permit Licensee to make use of a portion of the property owned by Licensor and located in the City of South Burlington, County of Chittenden and State of Vermont, the whole of which property (hereinafter "Property") is depicted on a plan of lands entitled "Sketch Plan for Semicon, Inc.", dated July 25, 1986, and prepared by Trudell Consulting Engineers, Inc. (hereinafter the "Plan"). Licensees shall have the use of only the portion of the Property more particularly described as the road passing over a strip of land approximately twenty (20) feet wide and located on the southerly side of the Property (hereinafter the "Road") and depicted on the Plan as "31.26 acres" upon the terms and restrictions hereinafter contained, reserving to Licensor all other uses which do not interfere with the rights conveyed herein. Subject to the terms and provisions hereunder, the Licensee shall have the right to construct, at Licensee's sole cost and expense, an extension of the Road not more than thirty (30) feet in width extending from the terminus of the Road to the easterly or southerly boundary line of the Property (hereinafter referred to as the "Road Extension"). This non-exclusive License is granted by Licensor and held by Licensee upon the following terms, Licensee's assent to which is signified by the execution of this instrument by Licensee: Article 1. Term. This License shall commence on the date hereof and terminate on December 31, 1988, and thereafter be of no further force and effect, except as otherwise provided. Article 2. Use. Licensee shall have the use of the Road and Road Extension for access to and from Licensee's property for vehicles and pedestrians only and for no other or different purpose. Licensee may make such use of the Road and Road Extension as is customary for a roadway, except neither Licensee nor its employees, contractors, guests, invitees, nor visitors shall park on the Road or the property adjacent to the Road or Road Extension, except in an emergency situation and on the Road Extension during construction. Licensee shall not improve, alter or change the Road in any way, nor shall Licensee block the Road or erect any structures, gates, signs or fences thereon. Article 3. Rights Reserved. Licensor specifically reserves to itself, and its successors and assigns, the use of the Road and Road Exten- sion in common with Licensee and all of the rights and privileges appur- tenant to ownership of the lands over which the Road and Road Extension passes not granted by this License, including, but not limited to, the air rights, right to construct over the Road without interfering with use by Licensee, rights to light and air, the right to relocate the Road and Road Extension or designate a new location for the Road and Road Extension or any portion thereof, and the right to use the Road and Road Extension and the lands under such Road for any lawful purpose which does not interfere with Licensee's use of the Road and Road Extension. Article 4. Indemnity. Licensee shall and will indemnify and save harmless Licensor from and against any and all liability, claims, demands, damages, expenses, fees, including reasonable attorneys' fees, fines, penalties, suits, proceedings, actions and causes of action of every nature and kind, suffered or incurred by Licensor as a result of: (1) Licensee's breach of any covenant, condition, term or provision of this License; or (2) as a result of Licensee's use of the Road or Road Extension; or (3) the careless or negligent conduct of the Licensee, its partners, agents, ser- vants or employees; provided, however, it is understood and agreed that the obligations of the Licensee hereunder shall not extend to the negligence or willful misconduct of the Licensor, its agents or representatives. Without in any way limiting Licensee's obligation under this section, Licensee shall provide Licensor with evidence satisfactory to Licensor that Licensee has acquired and is maintaining in full force at the time as Licensee commences actual use and during the time of use of this License a public liability policy covering the Road and Road Extension and Licensee's use of the Road and Road Extension and construction of the Road Extension with limits of not less than One Million Dollars ($1,000,000) for the injury or death to one or more persons in any one incident and Five Hundred Thousand Dollars ($500,000) for damage to the Property and that Licensor is named as additional insured. Article 5. Adjacent Property. Licensee covenants and agrees that it will take all necessary precautions to prevent any interference with, damage to, destruction of, use of or trespass upon the Property not included under the terms of this License. Article 6. Construction of Road Extension. Licensor shall not commence construction of the Road Extension without obtaining the prior written consent of Licensor which consent will not be unreasonably with- held, provided, however, that Licensee shall deliver to Licensor thirty (30) days prior to anticipated commencement of construction: (i) the plans and specifications for the construction of the Road Extension; (ii) the original signed construction contract; and (iii) a commercial insurance company (licensed to do business in Vermont) surety bond in favor of Licensor in an amount of money sufficient to insure completion of the Road Extension. Licensor's failure to notify Licensee of any objections to the plans, documents or bonds described above within thirty (30) days of receipt of the required documents itemized above shall constitute a waiver of Licensor's right to object to the construction of the Road Extension. The Licensee's construction of the Road Extension shall not interfere with any new construction or expansion of Licensor's building or facilities on the Property. Subject to the provisions of Article 11 hereof, in the event of Licensor's approval or its failure to timely object to said plan, Licensee shall not thereafter be required to move, relocate or terminate its use of the Road Extension for the duration of the License. -2- Article 7. Non -Waiver. The failure of Licensor or Licensee to insist upon strict performance of any of the terms, conditions or covenants contained herein shall not be deemed or construed to be a waiver of any right or remedy that the Licensor or Licensee may have under this instrument or applicable law nor shall such actions or inactions be deemed or construed to be a waiver of any current or subsequent breach of or default by the parties in the terms, covenants or conditions of this License. Article 8. Condition of Property. Licensee represents and agrees that it has had an opportunity to inspect the Road as to its condition, and Licensee accepts the Road in its present condition at the commencement of this License "as is". Article 9. Maintenance. Licensee agrees to repair any damage to the Road and Road Extension caused by Licensee, its agents, servants, employees, contractors or visitors provided Licensor gives prompt notice of the existence of the damage. Licensor will maintain the Road. Licensee shall maintain the Road Extension including snow removal. Licensor shall maintain the Road and provide snowplowing and shall not deposit snow or other substances on the Road Extension. In the event Licensee constructs a Road Extension, then at the termination of this License, the Licensee shall return the property utilized for the Road Extension to the condition it was (as near as is reasonably practical) prior to the construction of the Road Extension and shall remove from the Property the materials used to construct the Road Extension. The previous sentence shall survive the termination of this License. Article 10. Assignment. Licensee shall not unreasonably expand or enlarge the use of the road permitted by this License. This License shall inure to and be binding upon Licensor's successors and assigns and to the heirs, successors and assigns of Licensee. Article 11. Relocation of Road. In the event Licensor, its successors or assigns, shall commence new construction or expansion of the existing building on its retained parcel and such construction necessitates relocation of the Road, Licensor shall have the right, at its sole cost and expense, to relocate the existing roadway on its property provided: 1. Licensee's use and enjoyment of a roadway traversing Licensor's property shall not be interrupted or impaired, except reasonable detours during construction; 2. the License granted to Licensee shall be fully applicable in all its particulars to any relocated roadway; 3. the width, surface, and condition of any relocated roadway shall be at least equal to the existing roadway; 4. any relocation of the Road shall be connected and attached at Licensor's expense to the Road Extension previously constructed by Licensee. -3- Article 12. Merger. Licensor and Licensee represent and agree that all covenants and agreements between the parties hereto are merged in this License, which alone fully and completely expresses the agreement of the parties relative to the matters contained herein, and this License is entered into after full investigation and consideration by all parties. This License may not be amended except by an instrument in writing signed by the party against whom the amendment is to be enforced and dated after the date hereof. Article 13. Duplicate Agreements. This License may be executed in one or more duplicate copies and all copies so executed shall be treated for all intents and purposes as one original document. Article 14. Nature of this Instrument. Licensor and Licensee each represent, affirm and agree that this instrument is to be construed as a License, and no interest in the Property is given to Licensee hereby. Article 15. Notices. Any notice required or permitted to be sent by one party to the other by the terms of this Agreement shall be sufficient if delivered by hand or sent by certified or registered mail, postage prepaid, return receipt requested, as follows: If to Licensor: Semicon Components, Inc. c/o Semicon, Inc. 15 New England Executive Park Burlington, MA 01803 Attention: Robert House with copy to: Ms. Mary E. Weber Ropes & Cray 225 Franklin Street Boston, MA 02110 If to Licensee: Orchard Lake Road Properties c/o Dynapower Corporation P.O. Box 3180 Farmington Hills, MI 48018-3180 Attention: Peter Pollak with copy to: Thomas F. Heilmann, Esquire Thomas F. Heilmann, P.C. P.O. Box 216 Burlington, VT 05402-0216 or to such other address as the parties may designate in writing. Article 16. Recording. This License or a memorandum thereof may be -4- I recorded, at Licensee's option and expense, in the South Burlington Land Records. IN WITNESS WHEREOF, Licensor has executed this instrument this day of November, 1986. In Presence Of: SEMICON COMPONENTS, INC. (Licensor) By: Duly Authorized Agent IN WITNESS of Licensee's acceptance of the terms, covenants and con- ditions set forth herein, Licensee has executed this instrument this day of November, 1986. In Presence Of: / ORCHARD LAKE ROAD PROPERTIES (Licensee) By: A General Partner COMMONWEALTH OF MASSACHUSETTS COUNTY, SS. At , in said County and Commonwealth, this day of November, 1986, personally appeared , duly authorized agent of SEMICON COMPONENTS, INC., and he acknowledged this instrument, by him signed and sealed, to be his free act and deed and the free act and deed of SEMICON COMPONENTS, INC. Before me, STATE OF `7 1 < ic-4-e �c SS. Notary Public At , in said County and State, this day of November, 1986, personally appeared , duly authorized agent of ORCHARD LAKE ROAD PROPERTIES, and he acknowledged this instrument, by him signed and sealed, to be his free act and deed and the free act and deed of ORCHARD LAKE ROAD PROPERTIES. Before Notary Public [PN13] PATRICIA CC ;:.r. Notary Public, 0-kiend County, MI My Commission Expires Dec.10, 1989 -5- VP- -t, I wict nort M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: January 26, 1988 agenda items Date: January 22, 1988 2) BOURNE'S SERVICE CENTER, 760 SHELBURNE ROAD 1. Swift Street and Shelburne Road improvements are now in progress and any work including landscaping in this area shall be coordinated with the street improvements. 2. A sidewalk should be included along Swift Street. 3. Any planting at intersection shall be of the low growing type. A flowering crab tree may obstruct view especially vehicles leaving the gas station onto Swift Street. 3) PETE'S TRAILER MART, 4017 WILLISTON ROAD 1. Plan is an improvement over what now exists. 4) ORCHARD LAKE ROAD PROPERTIES 1. The best location of the driveway is from the future City street. The latest revision places the drive adjacent or through a landscaped mound that has some well established trees including evergreens. It is well maintained and will obstruct sight distance for the driveway. 1 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 ZONING ADMINISTRATOR 658-7958 January 22, 1988 Richard Trudell Trudell Consulting Engineers, Inc. 14 Blair Park Road Box 308 Williston, Vermont 05495 Re: Orchard Lake Road Properties, 1020 Hinesburg Road Dear Mr. Trudell: Enclosed are the agenda and my memo to the Planning Commission. Also enclosed are Bill Szymanski's comme ts. Please be sure someone is present on Tuesday, January 2'i', 1988 to represent your application. Sincerely, Jane B. Lafleur, City Planner JBL/mcp Encis cc: Peter Pollack Thomas F . IIe i lmann .-TUL- 2is-:B:_: TlJE 1 1 = -- LY""PIDWaR CQRf \ P _ 0 2 D) YNA PO WER CORPORA T10N 0. C. Power Supplies - Solid State Regulators i ',ETER POL,L,AK Pr*std*nt ,r� R v -/- 1 4 4fV F Ole- 7r`�4.r'�'f�-�"4"/ 7'K'I- Cr.-fit,-►�'c x �f ,S Wa�r-- I c� /A - 29199 Orchard Lake Road . P.O. Box 3180 • Farmington Hills, Michigan 48018.8180 9 Telephone (313) 553-4300 a TELEX 8102428804 PLANNING COMMISSION a b January 1988 The South Burlington Planning Commission held a meeting on Tuesday, January 0..(0c 1988, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present Peter Jacob, Chairman; William Burgess, Mary -Barbara Maher, Judy Hurd, John Belter, Ann Pugh, Catherine Peacock Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; Gary Bourne, Rene Bourne, Bourne Service Center; Terry Shepard; Dave McGinnis, Pete's Trailer Mart; Floyd Shepard, Lawrence shepard, Herb Durfee, Philip Drumlitllc r,-C1,�r,iAc,lmcan 1. Minutes of January 12, 1988. Ms. Pugh said that on page 5 on the Alloca approval she had voted against it and not for it as the minutes state. Mrs. Peacock said that her name should be removed from "those present" as she was not at this meeting. Mrs. Hurd said that under "other business" where it stated she had presented a letter from the University Mall it should read that Mrs. Lafleur had presented the letter. Ms. Pugh moved the minutes be approved as amended Mrs Maher seconded and all voted in favor. 2. Site plan application of Gary Bourne for construction of a 350 square foot addition and new pump island canopy addition at 760 Shelburne Road. Gary Bourne said the business was on the corner of Swift Street and Shelburne Road. They proposed to put up a canopy and continue an existing wall to expand the building. The height would be the same as it is now. They will shrink the curb cuts. Now the curb is the whole side. Mr. Bourne said that the curb cuts on Swift Street would be reduced. Mrs. Hurd asked for clarification on the Shelburne Rd. curb cut. Mr. Bourne said that they were actually keeping the Shelburne Road the same size but changing the configuration so that the traffic flow would be better. He said that they were adding landscaping but the commission should be aware that a lot of what they were presenting was on a right- of-way owned by the state. It used to belong to them but was taken during the road widening. The applicant will pay for the landscaping but the state will let them plant it there. The state will do the curbing. The state said that they could landscape there but the applicant must maintain it. Mrs. Lafleur asked if it would be bermed. The Applicant: said the berm would be very little because of sight restrictions. The landscaping was discussed in detail. Mrs. Lafleur said that Mr. Szymanski had a concern about sight restrictions caused by landscaping. Mr. Bourne said that they were aware Minutes - Planning Commission January fib, 1988 Page 2 of that and had planned accordingly. Mrs. Maher asked Mrs. Lafleur to review whatever landscaping is put in for safety. Parking was discussed. Mrs. Hurd asked for an .explanation of blocked spaces. Mr. Bourne said that all these spaces were for cars being worked on and they controlled the vehicles put there. Mrs. Hurd noted that the handicapped space blocked the employee parking. Mr. Bourne said that the handicapped space was only used for a few minutes at a time. Mrs. Lafleur said although the city has no standard for gas stations, this is not a mini mart and she felt that the spaces were adequate. Mrs. Hurd said she was concerned that the fire equipment could not get to the building if all the parking was stacked around the building. Mrs. Lafleur said that the applicant was being required to kept the canopy over 14 feet high so the fire apparatus could get to the building. Mr. Jacob asked the applicant about a sidewalk. Mrs. Lafleur explained that they would be required to install a sidewalk along Swift Street. Mrs. Lafleur said that an easement would be required at this point because there wasn't enough space. Mr. Bourne said that he would install the sidewalk. There was discussion that landscaping might be lost when the sidewalk is put in. Mr. Jacob polled the commission as to whether they wanted a sidewalk or landscaping. All agreed that they wanted the sidewalk. The state is putting the sidewalk along the Shelburne Road side. The applicant shall put it along Swift Street. Mrs Hurd moved that the South Burlington Planning Commission approve the site plan application of Gary Bourne for construction of a 350 square foot addition and new pump island canopy at Bourne's Texaco, 760 Shelburne Road as depicted on a plan entitled "Bourne's Service Center, 760 Shelburne Road South Burlington" prepared by Champlain Valley Landscaping and Gary Bourne dated 1/7/88 with the following stipulations: 1 A $2000 landscaping bond shall be posted prior to permit. The flowering crabs proposed for the corner shall be relocated to another place approved by the City Planner prior to permit Landscaping shall be coordinated with the State improvements to Shelburne Road so that no work is done twice. 2 A bond shall be posted prior to permit for construction of a sidewalk along Swift Street in an amount determined by the City Engineer. A sidewalk easement shall be given to the City prior to permit. 3 The canopy over the pump islands shall be at least 14 feet in height For fire access. 4 The building permit shall be obtained within 6months or this approval is null and void. All commissioners voted unanimously. Minutes - Planning Commission January A) 1988 Page 3 3. Site plan application of Terry Shepard, Lawrence Shepard and David McGinnis for a 5,390 square foot addition on two floors to the front of Pete's Trailer Mart�1 Williston Road. Mr. Dave McGinnis spoke for the applicant. He said he wanted to improve the appearance of their business and increase the size of the showroom. The actual increase is about 3,500 square feet. They will be removing part of the existing building. They have already removed one existing two story house. They have better access now than in the past. The proposed building is a metal free standing building with brick and landscaping in the front. Mrs. Hurd asked how we count parking spaces when they are on the grass. Mrs. Lafleur said that those weren't counted as parking spaces but as inventory. Mrs. Hurd asked where stored vehicles were kept. Mr. McGinnis said that they do not store vehicles anymore. He said that the reason they marked out the area for inventory is because their inventory expanses and contracts based on demand. They desired to keep most of their inventory on the pavement. Mrs. Maher asked if the zoning ordinance allows placing inventory as close to the road as this shows. Mrs. Lafleur said that the frontage, a 57. foot strip in depth along the front, could only have 30% paved. The applicant was showing 37% paved. If you count the inventory on the grass, they had 66% coverage. .Mrs. Peacock asked if there was any reason the inventory was this close to the road. Mr. McGinnis said they felt they needed their inventory seen. He said that the percentage was also large because of the width of their entrance. The entrance could not be narrowed because they need the radius to get the large vehicles in. Mrs. lafleur said again that the front yard coverage was 66%. Mrs. Hurd asked about topography. Mr. McGinnis said that much of the inventory was up on the hill. Mrs. Peacock said that no one would have any trouble seeing the inventory up on the hill. Mrs. Hurd asked how many employees they had. They said 16. --The commission discussed ways he might decrease his front yard coverage. Mr. McGinnis explained the area that the fire chief had required him to keep clear for fire vehicle access. Mrs. Hurd said that considering the size of the lot she felt the applicant could come closer, if not into, conformance with the ordinance. Mr. McGinnis said they might be able to move the fence back from the road. After much discussion the commission was polled and all agreed that Mr. McGinnis should return with a plan that shows less front yard coverage. Mrs. Maher also wanted the landscaping in the front looked at. She felt it was deficient. Mr. McGinnis felt the state would not allow them to put trees anywhere near the road. Mrs. Lafleur said that the state could not prevent them from putting trees on their own property. Mr. McGinnis said that they would block the view of cars exiting. Commissioners felt that trees could be placed on the hill in such a way as to not interfere with the driveway site distances. Mrs. Lafleur reiterated that the commissioners wanted the coverage of the front, pavement and inventory coverage reduced. Mr. Burgess said that they were not requiring 30% coverage but their had to be some compromise. Y Minutes - Planning Commission January Ak , 1988 Page 4 4. Revised site plan application of Orchard Lake Road Properties, 1020 Hinesburg Road, for construction of an 82,700 square foot building for light manufacturing. -Mrs. LaFleur said that Orchard Lake Properties were asking for an extension because their site plan was about to expire. When she looked at the plan she felt that it had been changed enough that they should come back before the commission. They were proposing a new access because they could not come to an agreement with the adjacent land owners (Lane Press) about access. Mr. said that Mr. Pollock had a license to go onto this land from Semicon but now the new owners, Lane Press, were not agreeing with the access. The wording in the deed said that the road along the southern border of the two properties must be agreeable to both land owners. They are in negotiations with Lane Press right now. They would like to have their access on Swift Street extension but they feel that the District Environmental Commission would not let them have the permit unless they could prove that this would be the permanent location of the Swift Street location. Orchard Lake is trying to avoid being held up by the Environmental Commission. Mrs. LaFleur said that the city had an irrevocable access over Mr. Pollock's land (Orchard Lake Properties) for the Swift Street extension. She said that the Environmental District commission wanted the city to show the entire road length. The city is not prepared to do that because the city does not know where they want the road -..to, -go between Hinesburg Road and Williston (Brownell Road) . Mr. `ic\rna+nh said that --at the Act 250 hearings the neighbors in opposition to the quarry were saying that once anything is put on a map showing the location of Swift Street, that is where it will permanently go. Mr. �"V m;urnsaid that they felt that might be true, so for the time being, they were going to use a northern location (adjacent to Lane Press) for their access. Therefore they were asking for a road to be approved that they may never have to use. Mrs. Maher asked what would prompt Lane Press to agree on an access if Orchard -already had one at another location. Mr. "evAlf€onosaid that it would be better for everybody if there were not a three way negotiations going on. Orchard had the legal right to use an access. There was much discussion on the location of the proposed road. Mr.said that they do have the right to access over Lane Press property. What was in negotiations was where they would hook up with the Lane Pres Road. Mr. Bolter asked if they would be prepared to remove the access if Swift Street was built. Mr. �-�e,�mwRrx said that they would. Mrs. Lafleur said that she did not want there to be two roads parallel to each other. Mr. 4eNW(j,nnread the deed that explained right-of-way. Mrs. Lafleur said that if the southern road is approved than the northern road should be merged with it but that there shouldn't be two roads. She said there were only two options; access from Swift Street or approval of a northern road that would be merged with the Lane Press Road. The commission discussed the various options for the road. Mr. -Jacob said that he liked allowing the northern road until such time as Swift Street was approved. Mr. Bolter said that he did not want to put the applicant into a position where they had to negotiate with a neighbor. He wouldn't Minutes - Planning Commission January a t., 1988 Page 5 object if it was a temporary road. Mr.'>tumnel�c(from lane Press said that he wanted to be clear that there was no animosity between Lane Press and Orchard Lake. The problem was created by Semicon when they negotiated with Lane and Orchard Lake to sell each property. Mr. said they did not want to build any more roads that they had to. Mrs. Maher asked for clarification that act 250 only cared about the Swift Street extension and not a northerly road. Mr. kAe'kA-.0o) said that was correct. He said that it was a very complex and frustrating situation. Mr. VV,jrAonn Said that they did not want to put in any roads that were not for the good of South Burlington. Mr. Jacob polled the commission. Mrs. peacock said that she would accept the proposed northern access as shown on the plan. Mr. Belter agreed as long as there was a stipulation that when Swift Street was built the access would come from Swift Street. He said that these two large businesses should not be made to come off one access. Mr. Burgess agreed. Mrs. Mayer said she was opposed and she would recommend that the commission take the advice of the City Planner and the City Engineer. Mrs.Hurd said that she reluctantly agreed with the proposed northerly access as long as it was temporary. Mrs. Pugh did not like the proposed road. Mr. Jacob said that he would agree to the road. Mr. Jacob said that the envelope was smaller so that was not a new issue. Ms. Pugh asked if the landscaping was less. They said that it was not. Mrs. Hurd asked if they could build another building without subdividing. If they could she wanted to know how they would access that land. Mrs. Lafleur said that they would have to subdivide. They would have to come back with a proposal. Mrs. Hurd asked Mrs. Lafleur if she felt the map was clear. Mrs. Lafleur said that she would like it clarified that if the new road is approved and then Swift Street is built, the applicant would have to abandon the new access and access off Swift Street. The commission should only approve one access drive. Mrs. Hurd moved that the south Burlington Planning Commission approve the site plan application of Orchard lake Road Properties for construction of a 82,700 square foot manufacturing facility for Dyna Power as depicted on a 2 page set of plans entitled "Master Site Plan Orchard lake Road Properties, South Burlington Vermont" dated 7/27/88 revised 1/21/88 prepared by Trudell Consulting Engineers and a two page planting plan dated 8/6/87 and 8/14/87 with the following stipulations- 1. A $52 500 landscaping bond shall be posted prior to permit 2. A $7 968 contribution to the Hinesburg Road Kennedy Drive intersection improvement fund shall be paid prior to permit based on the 120 peak hour trip ends generated by the developer. 3. A 3170 gallon per day sewer allocation is granted and the $2 50 per gallon fee shall be paid prior to permit 4. A $20,400 contribution to the Hinesburg Road sidewalk fund shall be Minutes - Planning Commission January a(, 1988 Page 6 paid prior to permit based on the 633 (less 50 feet paid by Lane Press) feet of frontage. 5. The temporary access to the building is approved as shown on the plans If an agreement can be reached with Lane Press, the new connection of a driveway to Lane Press shall be shown on the plans and approved by the Planner prior to permit The road north and south connecting shall be removed if it is not approved by the Planner. A bond shall be posted for this prior to permit in an amount determined by the City Engineer. 6 When Swift Street extension is built the parking lot shall be accessed to Swift Street and the temporary northern access abandoned and seeded. 7 The intersection of the Lane Press/Orchard Lake driveway and Swift Street shall be made at a right angle when Swift Street Extension is built This revision shall be Raid for by this developer and a bond posted prior to permit. The amount of the bond shall be determined by the City Engineer. 8 All roof top apparatus shall be screened to not be visible from Hinesburg Road. 9 Any additional construe-tion or future expansion shall require a new site plan approval. 10 The building shall be obtained within 6 months or this approval is null and void. In the vote that followed Mr. Belter, Mr. Burgess, Mr. Jacob, Mrs. Peacock and Mrs Hurd voted in favor and Mrs. Maher and Ms. Pugh voted against. Mr. Trudell asked what would happen if they wanted to keep both a Swift Street access and the Lane Press access. The commissioners said that they wanted the applicant to come back and get approval for that. 5. Other Business Mr. Belter stepped down from the commission to discuss with the commission his proposal for a development on the Winosski River below Country Club Estates. He requested clarification of what was required by the commission at the sketch plan last week. He said that he and the neighbors did not want the two cul-de-sacs connected. The land connecting the two was in dispute. He said that he was in•favor of a cul-de-sac as it would be better for the people who live beside the road location. He felt that 36 lots was far enough below the 50 that two accesses were not necessary. Mrs. LeFleur said that at the last meeting Minutes - Planning Commission January 9k, 1988 Page 7 the commissioners wanted to know how close the road would come to the house between the two cul-de-sacs. He would prefer not to have to even raise the issue. He said that it could get into legal problems. He said there was also a problem that the right-of-way left was only 50 feet wide instead of 60 feet. Mr. Burgess said that he only wanted to see if it was possible but that it sounds like it wasn't possible to connect the two roads. The difference in grade between the two cul-de-sacs would be 1 foot per 10. Most commissioners said that they would not require connecting the two cul-de-sacs. Mr. Belter then asked for clarification as to whether the commission wanted land or the recreation fee. Most wanted the fee. Mrs. Maher wanted the land. Mrs. Pugh said she would not change her mind at this time because she felt the neighbors should be present for this discussion. Mr. Jacob stressed that this was just for clarification and that the neighbors and the developer would be back for preliminary plat where a binding vote would be taken. The meeting adjourned at 10:00 P.M. Clerk PLANNING COMMISSION 25 AUGUST 1987 PAGE 7 generated 12y these industrial lots. The total cost and scope of improvements shall be established By the City Engineer in consultation with the Street Supervisor, City Planner, and the Regional Planning Commission Traffic Engineer. The share shall be established 12y the City Planner in consultation with the Regional Planning Traffic Engineer. 14. The developer shall have the option of contributing $15 per linear frontage foot toward the city sidewalk fund or building a sidewalk along his frontage on the unnamed new city street. 15. It is the applicant's responsibility to record the corrected final plat with the City Clerk within 90 days or this approval is null and void. They shall be approved the City Planner and signed 12y the Chairman or Clerk of the Commission prior to recording. Mrs. Maher seconded. The motion passed unanimously. Following the vote, Mr. Belter resumed his seat on the Com- mission. 5. Site plan application of Orchard Lake Road Properties for construction of a 96,200 sq. ft. building for light manu- facturing on the 80 acre parcel south of Lane Press, 1020 Hinesburg Rd. Dick Trudell explained the development is on the former Semi - con property bounded by the Interstate and Hinesburg Rd. It was subdivided from the Lane Press property. An agreement exists between Semicon and Orchard Lake Properties for an easement. Peter Pollak, president of the company, said they manufacture high precision electrical equipment. It is a clean industry with no oils, no pcb's. They make their own electric current boards. 90% of their work is custom -build. They employ about 100 people now and plan to hire 75 new employees for this facility. These are mainly skilled jobs. Their ultimate aim is to locate the parent company here. The building will be south of Lane Press with access off the Lane Press road. the Sewer will connect through an easement to the pump station. The building will be completely sprink- lered. 160 parking spaces are provided. Mr. Trudell explained there will be a 3-foot berm around 1 side of the building with some screening from the Interstate. He said it is not their intention to hide the building but to PLANNING COMMISSION 25 AUGUST 1987 PAGE 8 enhance it with landscaping. Mrs. Maher asked if there are any prime ag soils. Mr. Trudell said there are and they will have to deal with that with Act 250. Mrs. Lafleur noted the City Manager had mentioned sludge storage on this site. The reply was that until they have Act 250 behind them, the can't agree to sludge storage on the site. They have no opposition in principal, but don't want to prejudice the Act 250 pro- cess. Mr. Trudell said there is also a question of sludge affecting the ability of the soil to carry runoff, and they will have to look into this. With regard to traffic, when Mitel was approved, they had to put in improvements above what the project would have required. There is now a level of service "A" for all move- ments except left turns out which is at level "D". The Fire Chief has asked to widen the gravel drive around the building, and they have complied with this. Mrs. Lafleur noted that 633 ft. of sidewalk are required minus the 50 ft. which Lane Press paid for. The total money requirement will be $20,400, which includes the additional funds for sidewalks not previously built on Hinesburg Rd. Mrs. Maher asked if there could be further subdivision of this lot in the future. Mrs. Lafleur said it is possible, but this would have to be a very big lot. Lighting will be from shielded fixtures with some low level lights to highlight trees. There will also be a dwarf apple orchard on the site. They are not proposing additional lights on on the road. The building will have office space up front in 2 stories, with manufacturing in back in one story. The office area has mountain views (accounting for the angle of the building), and there will be an area lit by skylights. The front of the building will be air conditioned but not the back. They did not feel this was a problem. When the Swift St. Extension is built, they will re -align the entrance to square with the new road. $52,000 in landscaping is required. Mr. Trudell said they have added more plantings to bring it up to $47,000 and will increase the caliper of the trees to fill in the rest of the requirement. Mrs. Lafleur asked if members wanted a traffic study of the intersection. Mr. Jacob suggested staggering the hours when PLANNING COMMISSION 25 AUGUST 1987 PAGE 9 employees leave the building. Mr. Pollak said that could be done. Mrs. Lafleur reminded the applicant that any new buildings on the lot would require City Council approval. Mrs. Hurd noted for the record the number of people that said the City could never attract another large business to the Southeast Quadrant, and that this is obviously not so. Mrs. Hurd moved that the Planning Commission approve the site plan application of Orchard Lake Road Properties for con- struction of a two story, 96,200 sq. ft. building at 1020 Hinesburg Rd. as depicted on a set of plans entitled "Orchard Lake Road Properties, South Burlington, Vermont" prepared Trudell Consulting Engineers, dated 7/27/87 with the following stipulations: 1. A $52,500 landscaping bond shall be posted prior to permit. Revised plans reflecting this amount shall be sub- mitted to the City Planner for approval prior to permit. 2. A $7968 contribution to the Hinesburg Road/Kennedy Drive intersection improvement fund shall be paid prior to permit based on the 125 peak hour trip ends generated by this de- velopment. 3. A sewer allocation of 3170 gallons per day is granted and the $2.50 per gallon fee must be paid prior to permit. No building permit will be issued until capacity is available. 4. A $20,400 contribution to the Hinesburg Road sidewalk fund shall be paid prior to permit based on the 633 (less 50 feet paid 12y Lane Press) feet of frontage 5. Plans shall be approved by the South Burlington Fire Chief prior to permit 6. The intersection of the Lane Press/Orchard Lake Road and Swift Street shall be made at a right angle when Swift Street Extension is built. This revision shall be paid for by this developer and bonded prior to permit. The amount of the bond shall be determined by the City Engineer. 7. All roof -top apparatus shall be screened. 8. Any additional construction or future expansion shall re- quire a new site plan. 9. The Planning Commission reserves the right to review R PLANNING COMMISSION 25 AUGUST 1987 PAGE 10 traffic flows in 2 years to see if staggered work hours or improvements to the intersection are required. The developer is encouraged to pursue public transportation for this }'1„C; mncC 10 The building permit shall be obtained within 6 months or this approval is null and void. — Mr. Burgess seconded. Motion passed unanimously. Other Business The next meeting will be September 8. There will also be a joint meeting with the City Council on 15 September. The Regional Planning Commission has asked for the City's most pressing needs. Each member of the Commission was asked to come up with a list of 5 needs which will then be prior- itized. As there was no further business to come before the Com- mission, the meeting adjourned at 11:35 pm. Clerk Minutes - Planning Commission January A�,, 1988 Page 4 4. Revised site plan application of Orchard Lake Road Properties, 1020 Hinesburg Road, for construction of an 82,700 square foot building for light manufacturing. Mrs. La Fleur said that Orchard Lake Properties were asking for an extension because their site plan was about to expire. When she looked at the plan she felt that it had been changed enough that they should come back before the commission. They were proposing a new access because they could not come to an agreement with the adjacent land owners (Lane Press) about access. Mr. said that Mr. Pollock had a license to go onto this land from Semicon but now the new owners, Lane Press, were not agreeing with the access. The wording in the deed said that the road along the southern border of the two properties must be agreeable to both land owners. They are in negotiations with Lane Press right now. They would like to have their access on Swift Street extension but they feel that the District Environmental Commission would not let them have the permit unless they could prove that this would be the permanent location of the Swift Street location. Orchard Lake is trying to avoid being held up by the Environmental Commission. Mrs. LaFleur said that the city had an irrevocable access over Mr. Pollock's land (Orchard Lake Properties) for the Swift Street extension. She said that the Environmental District commission wanted the city to show the entire road length. The city is not prepared to do that because the city does not know where they want the road to go between Hinesburg Road and Williston (Brownell Road). Mr.said that at the Act 250 hearings the neighbors in opposition to the quarry were saying that once anything is put on a map showing the location of Swift Street, that is where it will permanently go. Mr. 4"i,mkhnsaid that they felt that might be true, so for the time being, they were going to use a northern location (adjacent to Lane Press) for their access. Therefore they were asking for a road to be approved that they may never have to use. Mrs. Maher asked what would prompt Lane Press to a ree on an access if Orchard already had one at another location. Mr. "Virtwtnsaid that it would be better for everybody if there were not a three way negotiations going on. Orchard had the legal right to use an access. There was much discussion on the location of the proposed road. Mr. 1�dlmanosaid that they do have the right to access over Lane Press property. What was in negotiations was where they would hook up with the Lane Pres Road. Mr. Belter asked if they would be prepared to remove the access if Swift Street was built. Mr. said that they would. Mrs. Lafleur said that she did not want there to be two roads parallel to each other. Mr. 4e�,Wa-Knread the deed that explained right-of-way. Mrs. Lafleur said that if the southern road is approved than the northern road should be merged with it but that there shouldn't be two roads. She said there were only two options; access from Swift Street or approval of a northern road that would be merged with the Lane Press Road. The commission discussed the various options for the road. Mr. Jacob said that he liked allowing the northern road until such time as Swift Street was approved. Mr. Belter said that he did not want to put the applicant into a position where they had to negotiate with a neighbor. He wouldn't } Minutes - Planning Commission January a 6, 1988 Page 5 object if it was a temporary road. Mr.-Ocum�nellerfrom lane Press said that he wanted to be clear that there was no animosity between Lane Press and Orchard Lake. The problem was created by Semicon when they negotiated with Lane and Orchard Lake to sell each property. Mr. k-�e%\M(Khrsaid they did not want to build any more roads that they had to. Mrs. Maher asked for clarification that act 250 only cared about the Swift Street extension and not a northerly road. Mr. I\-e-A�nv-w) said that was correct. He said that it was a very complex and frustrating situation. Mr. "cAmann Said that they did not want to put in any roads that were not for the good of South Burlington. Mr. Jacob polled the commission. Mrs. peacock said that she would accept the proposed northern access as shown on the plan. Mr. Belter agreed as long as there was a stipulation that when Swift Street was built the access would come from Swift Street. He said that these two large businesses should not be made to come off one access. Mr. Burgess agreed. Mrs. Mayer said she was opposed and she would recommend that the commission take the advice of the City Planner and the City Engineer. Mrs.Hurd said that she reluctantly agreed with the proposed northerly access as long as it was temporary. Mrs. Pugh did not like the proposed road. Mr. Jacob said that he would agree to the road. Mr. Jacob said that the envelope was smaller so that was not a new issue. Ms. Pugh asked if the landscaping was less. They said that it was not. Mrs. Hurd asked if they could build another building without subdividing. If they could she wanted to know how they would access that land. Mrs. Lafleur said that they would have to subdivide. They would have to come back with a proposal. Mrs. Hurd asked Mrs. Lafleur if she felt the map was clear. Mrs. Lafleur said that she would like it clarified that if the new road is approved and then Swift Street is built, the applicant would have to abandon the new access and access off Swift Street. The commission should only approve one access drive. Mrs. Hurd moved that the south Burlington Planning Commission approve the site plan application of Orchard lake Road Properties for construction of a 82,700 square foot manufacturing facility for Dyna Power as depicted on a 2 page set of plans entitled "Master Site Plan Orchard lake Road Properties, South Burlington Vermont" dated 7/27/88 revised 1/21/88 prepared by Trudell Consulting Engineers and a two page planting plan dated 8/6/87 and 8/14/87 with the following stipulations 1. A $52,500 landscaping bond shall be posted prior to permit. 2. A $7,968 contribution to the Hinesburg Road/Kennedy Drive intersection improvement fund shall be paid prior to permit based on the 1.20 peak hour trip ends generated by the developer. 3. A 3170 gallon per day sewer allocation is granted and the $2 50 per gallon fee shall be paid prior to permit 4. A $20,400 contribution to the Hinesburg Road sidewalk fund shall be Minutes - Planning Commission January aL, 1988 Page 6 paid prior to Permit based on the 633 (less 50 feet paid by Lane Press) feet of frontage. 5. The temporary access to the building is approved as shown on the plans. If an agreement can be reached with Lane Press the new connection of a driveway to Lane Press shall be shown on the plans and approved by the Planner prior to permit The road north and south connecting shall be removed if it is not approved by the Planner. A bond shall be posted for this prior to permit in an amount determined by the City Engineer. 6. When Swift Street extension is built the parking lot shall be accessed to Swift Street and the temporary northern access abandoned and seeded. 7. The intersection of the Lane Press/Orchard Lake driveway and Swift Street shall be made at a right angle when Swift Street Extension is built. This revision shall be paid for by this developer and a bond posted prior to permit The amount of the bond shall be determined by the City Engineer. 8. All roof top apparatus shall be screened to not be visible from Hinesburg Road. 9. Any additional construction or future expansion shall require a new site plan approval. 10. The building shall be obtained within 6 months or this approval is null and void. In the vote that followed Mr. Belter, Mr. Burgess Mr. Jacob Mrs Peacock and Mrs. Hurd voted in favor and Mrs Maher and Ms Pugh voted against. Mr. Trudell asked what would happen if they wanted to keep both a Swift Street access and the Lane Press access. The commissioners said that they wanted the applicant to come back and get approval for that. 5. Other Business Mr. Belter stepped down from the commission to discuss with the commission his proposal for a development on the Winosski River below Country Club Estates. He requested clarification of what was required by the commission at the sketch plan last week. He said that he and the neighbors did not want the two cul-de-sacs connected. The land connecting the two was in dispute. He said that he was in. favor of a cul-de-sac as it would be better for the people who live beside the road location. He felt that 36 lots was far enough below the 50 that two accesses were not necessary. Mrs. LeFleur said that at the last meeting 20' SEWER CASEMENT To NEN ENGL AN2-jE iI C. K 5 1`0 WRIGHT ii 72 7 Gt' f- 4 E Yv GAS 8 W-1 T'R EASEMENT Q. A;' -A -,,I q;:AAF N n I. .4 - - LANE PRESS G Pic `4 C, J0 DRIVE EASEMEN T-7,/ -PROPOSED r BuiLDING N SEE SHEET FUTURE ADDITION 42 3.0 0' 0) I. 8 5z' WILES PROPOSED OFLOCATION f SWIFT ST E X T 0 o' \ 160 a A PAINTER PARKING \\)' SPACES R a 4 PAINTER APPROX141 "i LFJc S VV I L E S FUTURE REST APPROAC ---)f-WER EASEMENT -15 PEDESTRIAN -VASEMENT Memorandum -Planning January 22, 1988 Page 3 4) Orchard Lake Road Properties, 1020 Hinesburg Road Mr. Trudell, representing Mr. Pollack has requested a six month extension to the site plan approval granted August 25, 1987, (letter enclosed) In most cases an extension request that is made before the first approval expires is routinely extended provided there is no significant change to the plan or to circumstances upon which the original approval was granted. Mr. Pollack has revised the site plan that was approved August 25, 1987. The new site plan shows a smaller building (82,700 square feet) which is 13,500 square feet less than the earlier plan. The new plan also shows a smaller footprint for future expansion. Access has also changed and no longer includes Lane Press land since an agreement has not yet,been reached between the two parties. These changes warrant a new review. Access: Access is now proposed from the portion of the Lane Press driveway that is located on Orchard Lake land. (See enclosed map) Mr. Pollack and Lane Press owners are still nego- tiating for an access across Lane Press land as was originally proposed. In the event that agreement on this access is not reached, Mr. Pollack would like approval of the alternative access. A future access drive is proposed from Swift Street extension which would lead directly to the front of the building rather than through the side and past the loading dock as proposed. Mr. Pollack does not want to access from Swift Street extension until it is constructed due to the expense, the complexities with Act 250 over the street as well as the impact on prime agricultural soils. In other arenas, the South Burlington City Council recently agreed to accept Swift Street; extension prior to its construction so that Ralph Goodrich can use it for quarry access. Mr. Goodrich will construct this leg of Swift Street to City standards over Orchard Lake land. It, appears that the most reasonable access to this property is fr-om Swift, Street extension. It will use less land and will lead to the front. door and parr i.n,g lot. The shared short link from Lane Press could easily serve as a sere°ice drive between the t,wo major industries. The next preferred access seems to be the original link over Lane Press land. It uses the existing driveway. However, it does not, provide enough of a separation from the Lane Press parking lot entrance so that conflicts are possible. It also does not yet have Lane Press' approval. At the very least, if this access is approved, it should be moved slightly east to line up with the 3 Memorandum -Planning January 22, 1988 Page 4 — entrance to the Lane Press parking lot. The access as proposed by Mr. Pollack seem to be the least preferable. It places two long, parallel driveways within 210 feet of each other and is a waste of land and asphalt not to mention the appearance. It also does not meet the existing driveway at at right angle. If the two driveways were merged and located along the property line, this might be acceptable. A merged driveway could also serve as a future street to the rest of the 80 acres to the east. See Bill Szymanski's comments regarding access., The intersection of Orchard Lake/Lane Press and Swift Street must be made at a right angle when Swift Street extension is built. Orchard Lake Road Properties must bond for this prior to permit. The Commission should discuss when access to Swift Street will be required if it is not required now. Circulation: If the proposed access is approved, somewhat Circulation circuitous to reach the front of within the parking lot is adequate. circulation is the building. Parking: The plan requires 100 parking spaces plus one for each company vehicle. The plans show 160. Landscaping: The $4.5 million building requires $52,500 in new landscaping. The plan is valued at this amount and consists of northern spy apple, austrian pine, red pine, ash, burning bush and others. Traffic: The applicant estimates that 120 trip ends will be generated between 4 and 5 p.m. Average daily traffic is estimated at 250 vehicles. The Hinesburg Road intersection i.niprovement fee is $7968 based on the 120 trip ends. The applicant. contends that. the Hinesburg Road/Orchard Lake driveway intersect . ion needs no improvements. The level_ of service for right, turns is A and F for left turns. Other: A 3170 gal -ton per, day sewer aII.ocat. ,i_on is required and the $2 . 50 per ga l l on fee must, be paid l)r.i0r to permi t . The Hinesburg P,.oad sidekallc formula requires a $20,100 contribution. See Bill Szymanski's comments. 4 ( k--k" Lo-�g- State of Vermont AGENCY OF ENVIRONMENTAL CONSERVATION Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Water Resources & Environmental Engineering Natural Resources Conservation Council Orchard Lake Road 29199 Orchard Lake P. 0. Box 3180 Farmington Hills, March 7, 1988 Properties Road Michigan 48018 Department of Water Resources and Environmental Engineering Essex Junction Regional Office 111 West Street Essex Junction, Vermont 05452 RE: Application PB-4-1422 (Act 250 Case 4C0473-5); Proposed Manufacturing Facility, Hinesburg Road, South Burlington, Vermont. Gentlemen: The Protection Division has reviewed the plans and specifications prepared by Trudell Consulting Engineers, Inc. for the above referenced project. Based on our review, the sewer line extension can be approved and our permit has been drafted. Before our permit can be issued, though, we need a copy of the Health Department's approval of the water line extension. On February 11, 1988 I telephoned Trudell Consulting Engineers, Inc. to ask if the Health Department had completed their review. On February 12, 1988 Mr. Richard Trudell, P.E., notified our office that plans were being forwarded for Health Department approval. Once we receive their approval, the Protection Division permit will be issued. Should you have any questions, please contact this office. Sincerely, Ernest P. Christianson Regional Engineer cc: Geoffrey Green Trudell Consulting Engineers Inc. Dept, of Health City of So. Burlington Keller Navin Cable & O'Brien Real Estate Analysts and Appraisers February 5, 1988 Thomas Hei Imann , Esq . P.O. Box 216 Burlington, Vermont 05402 Re: Orchard Lake Road Properties Dear Tom: At your request, this letter is being provided for clarification of an appraisal report on the Orchard Lake Road Properties. The Orchard Lake Road Properties property was appraised on September 4, 1987, with a resulting value estimate of $1 ,440,000. The value estimate takes into consideration the subject as of the aforementioned date and does not take into consideration local and state approvals. The subject property had not received any approvals as of the date of the value estimate. Should you have questions concerning the above, please do not hesitate to contact me. Since ly, , Michael F. Keller MFK/jg One Waterfront Place, 112 Lake Street, Burlington, Vermont 05401 802/658-1053 ORCHARD LAKE ROAD PROPERTIES LAND USE PERMIT APPLICATION ADDITIONAL EVIDENCE CONCERNING SECTION 9(B) CRITERIA At the hearing in this matter held on January 11, 1988, the Commission requested the Applicant to provide additional data focused upon changes in the property since the initial application was granted in June, 1981. Specifically, the areas of inquiry were directed to the following: (1) Changes in the value of the property and in surrounding properties since the so-called Mitel application was made; (2) Efforts of the applicant to utilize the property for current agricultural purposes; and (3) Plan of the applicant for the preservation of agricultural usage on the property during the term of the requested permit. The requested evidence, submitted in affidavit form by Peter Pollak as general partner of Orchard Lake Road Properties is as follows: At the outset, it is important to bear in mind the Commission's ruling that, for purposes of this application, the entire original Mitel parcel consisting of 111.2 acres, which was the subject of Land Use Permit 4CO473, is still the operative basis from which the Commission's ruling must generate. In short, the Commission has dealt with the impact of fragmentation caused by the subdivision of this property by retaining, for analytical purposes in the reduction of primary agricultural soils issue, the original acreage as though it had never been subdivided. This is a critical distinguishing factor in this permit application. This consideration renders this application unique particularly because the original 111.2 acre parcel is now owned by two separate landowners having no legal relationship with each other. The Applicant submits that the continued utilization of the original 111.2 acre parcel for purposes of assessing the impact of development on the parcel particularly with what, at present, are two unrelated landowners in and of itself mitigates the dangers of fragmentization of the parcel by subdivision. The Commission's position, as a practical matter, mandates that both landowners, Landrum Properties (Lane Press) and Orchard Lake Road Properties, must continue for the life of their permits to cooperate with each other, subject to the rights contained in their respective deeds, in each other's development plans. Thus, the subdivision of the parcel approved by the Commission in its December 24, 1986 Decision (Permit 4CO473-2) neither presents nor contributes to dangers of fragmentization of the parcel. Although the Applicant must, for the record, continue its objection to the Commission treating the two parcels (Lane Press and Orchard Lake Road Properties) as a unified parcel for the purposes of the primary agricultural soil impact, the treatment of the parcels in a unified manner renders the granting of the subdivision permit, standing by itself, a relatively insignificant issue. 1. Impact of changes in the value of the subject property since the Mitel application. The original Mitel application was filed on April 21, 1981. -2- The owner of the property at the time the Mitel application was initially filed was B.D.R., a Vermont partnership which owned the property in fee simple subject to an option to purchase the property held by Mitel. It is clear under the option arrangement that Mitel would not have purchased the property had the permit not been granted. Based on information of record in the Assessor's Office at the City of South Burlington at the time of the application in 1981, the parcel was assessed at per acre rates of between $300 and $400 per acre. Upon the issuance of the permit on June 19, 1981, Mitel, Inc. exercised its option and took title to the property by Warranty Deed dated June 21, 1981. Thereafter, the assessment on a per acre basis of the property by the City of South Burlington immediately escalated to $7,000.00 per acre. In 1984, the property in the City of South Burlington was reappraised. The assessment for the subject parcel was increased to $10,000.00 per acre. The $10,000.00 per acre price is the assessed value at present. South Burlington properties will be reappraised several years from now at which time substantial increases can be expected. The Orchard Lake Road Property acquisition of the parcel was at a rate equivalent to $17,500.00 per acre. Adjoining parcels have received similar escalations in assessed value. The Lane Press property has experienced the same escalation of assessments on a per acre basis as the Orchard Lake Road Properties. To the north of the subject parcel a lot -3- consisting of nine acres owned by Pizzagalli Construction Company has an assessment of $20,000.00 per acre. The New England Telephone Company land consisting of 17 acres carries an assessment of $15,000.00 per acre. In summary, it can be seen that the property has increased by a factor of 33 times its assessed value since the time the Mitel was initially before the Commission. The increase in the tax assessments imposed upon the subject parcel have a direct correlation to the property's current potential for use as active agricultural land. The tax bills submitted by the City of South Burlington for the tax year 1986-1987 show an assessment of $800,000.00 a total tax on the subject parcel of $14,387.30. For 1986-1987 this translates into $179.84 per acre merely for real estate taxes. For 1987-1988 the numbers are as follows: The assessed value is $800,000.00 and the total tax on the property is $19,016.00. This translates into $237.70 per acre for real estate taxes. A previous agricultural lease which is referenced in the June 19, 1981 Findings of Fact and Conclusions of the Commission generated only $20.00 per acre in lease payments to the landowner. Since 1981 there have been significant changes, both in the involved parcel and in adjoining parcels. The permit finally granted to Mitel approved a 59,800 square foot manufacturing facility. Through a series of amendments to the initial permit, the size of the building Mitel was permitted to build escalated to 90,000 square feet. The next owner of the property, Semicon did not expand the building. On November 26, 1986, Lane Press and -4- Semicon Components requested an amendment to the permit to allow the construction of a 40,320 square foot addition with related site improvements. In a permit issued January 15, 1987, the 40,320 square foot addition was approved. Thus, the total improvements on the adjoining parcel have, over time, grown to approximately 130,000 square feet. Additionally, since 1981 a substantial commercial facility on adjacent property has been erected by the New England. Telephone Company. There have also been numerous residential developments .^-th .ni.rth 0-F +-he subject property and Lcl close proximity to t C1-%-11uJL.u-lUL11 south of the subject property (Dubois Developments). These changes, together with the concomitant escalations in the land values demonstrate that significant and irreparable changes in this portion of South Burlington have taken place since the issuance of the June, 1981 permit to Mitel. We are forwarding under separate cover a clarifying letter from appraiser Michael Keller indicating that his appraisal of the fair market value of the property which has been submitted into evidence is an appraisal based upon the subject parcel having no applicable permits for the subject development. We are also submitting as an exhibit to this Affidavit a letter from Harry Behney of Greater Burlington Industrial Corporation as to land values in the region. 2. Applicant's efforts to utilize the parcel for agricultural purposes. -5- Shortly after its acquisition of the 80 acre parcel, Orchard Lake Road Properties engaged a local representative to investigate the feasibility of obtaining an agricultural user for the subject property. The previous lease arrangement was unfeasable because of the abnormally low per acre rental price. Orchard Lake Road Properties' representative was also instructed to explore with local agricultural users the prospects for a transfer of developments rights (TDR). Property owners in South Burlington, Williston, Shelburne and Hinesburg were contacted. Additionally, farmers in South Burlington, Williston and Hinesburg were contacted. Orchard Lake Road Properties met with Larry Myott, the County Extension Agent, on several occasions concerning efforts to find an acceptable agricultural user. In short, neither effort was successful. No owner of open agricultural land in the vicinity expressed an interest in any transfer of development rights or off -site mitigation proposals, and no agricultural user could be found who was willing to pay a price even equal to the per acre tax cost. Thus, a farmer who was willing to pay a reasonable price for the use of the parcel could not be located. One of the immediate impediments to locating an agricultural user for the subject property was that there simply are not agricultural operators in the South Burlington area at present. According to Mr. Myott, there were, in approximately 1981, at leat five to eight dairying operations in South Burlington. At the present time, that number has decreased to approximately two to three full-time dairying operations. This a. information was also confirmed with farmers in the South Burlington area. Dairy farmers were not the only persons canvassed. Vegetable farmers and other smaller agricultural users were also contacted but no interest in an agricultural lease could be generated. Among the obstacles suggested as impediments to an agricultural lease are the increased highway traffic on Route 116 (Hinesburg Road). This increased highway traffic makes it more dangerous and difficult to get forage wagons and large agricultural implements such as tractors to and from the property. Thus, the infrastructure surrounding the subject parcel militates against agricultural use. In short, farmers are unwilling to operate large unwieldy agricultural equipment on Route 116 and to traverse the distances required on Route 116 to access the property. This has been created by the burgeoning growth in the community and has not been influenced by any development of the property by the Applicant. 3. Applicant's proposal for preservation of agricultural potential on the subject property. Because of the difficulty encountered in finding agricultural users and as a corollary to the difficulty in accessing the property with large agricultural equipment, the applicant has focused its attention upon agricultural use which is more "self-contained" on the subject property. Orcharding and berry farming are the focus of the Applicant's proposal. Applicant proposes that as part of the development of the property, it will -7- incorporate into the development plan a managed fruit and berry orchard on those portions of the subject property immediately contingent to and involved in the development of the 82,700 square foot manufacturing facility. Investigation has indicated that orcharding can be feasibly undertaken in close proximity to this particular manufacturing facility. As the testimony has indicated, this facility does not generate any undue amounts of air or water pollution. The design of the facility and its associated improvements such as parking areas are amenable to a managed agricultural use for fruit trees and berry operations. Analysis and investigation to date has indicated that "fragmentization" of the parcel does not necessarily prevent significant dysfunctions in the development of this form of agricultural production. Thus, an apple orchard can exist in very close proximity to the manufacturing facility proposed and to the parking area which is associated with this facility. The Applicant contemplates a continuous active agricultural operation which would, at minimum, consist of six acres. The six acres would be a blend of primary and secondary agricultural soils. A close examination of the application in this matter indicates that not more than six acres of primary agricultural soils will actually be irrevocably consumed by the development of building parking lots and associated roadways. In short, although the applicant has, for analytical purposes, indicated that 12.2 acres of primary agricultural soils will be utilized, not more than six of those 12.2 acres will be actually consumed in the building and OM development process. Applicant proposes to mitigate the effects of the consumption of that six acres by the dedication of six acres of the parcel to a continuing active positive agricultural use. Orchard Lake Road Properties has recently engaged Michael Merrill of Cornwall, Vermont, as a staff member of the Applicant to work on a weekly basis to develop a viable orchard and berry operation. Mr. Merrill has already been enrolled in UVM Extension Service seminars on this topic which are scheduled to take place in the near future. He has also associated himself with Gerald Corvan of Charlotte who is an experienced orchardist. In this way, Orchard Lake Road Properties believes it can demonstrate to the Commission its commitment to this agricultural endeavor. In the event this continuing agricultural use were to become part of the permit conditions, significant advantages over the existing permits will accrue to preserve the agricultural potential of this parcel. First, there is, to date, nothing in the existing permits which affirmatively mandates that the property owner shall commit any portion of this subject property to an agricultural use. Secondly, a review of the Commission's June 19, 1981 Findings of Fact and Conclusions of Law indicates the Commission's understanding that the agricultural lease arrangement was effected by means of a lease agreement between l it -el. and a selected farmer. however, tale lease peliui.tted the lessor, the property owner, to withdraw any part of the subject premises from the lease at any time during the five year period of the lease and, pursuant to Paragraph 20 of that Agricultural Lease dated July 20, 1981, the lease would automatically terminate as of QL the effective date of any sale or conveyance of the property. The key distinguishing factor between the existing regulatory regime and the proposal submitted herein is that under the agricultural proposal of the applicant, the permit could contain an affirmative obligation to maintain at least six acres of agricultural use devoted to orcharding or berries on a blend of primary and secondary agricultural soils in the immediate proximity of the proposed building and associated improvements, whereas under the existing permits, the agricultural use of the property under the Mitel lease was merely a factual condition under which the permits were granted and the lease could be terminated without jeopardizing the permit. With respect to those portions of the parcel that are not immediately effected by the development requested in this application, Applicant is willing to continue to offer those lands for agricultural lease and in the event no lease can be entered into the Applicant is willing to continue the provision of mowing the lands at least once a year so as to maintain them in a manner which will keep them available for agricultural production. Peter Pollak, duly sworn, deposes and says that he is general partner of Orchard Lake Road Properties, and is authorized to make this Affidavit on its behalf. The above statements are true correct and accurate to the best of m ow edor4i4tion and belief. er i of+a} , General Partner STATE OF VERMONT �/ CHITTENDEN COUNTY, SS. On this day of1988, personally appeared Peter Pollak, and made oath to the for going statement. Before me, Notary Public GBICEATER BURLINGTON INDUSTRIAL CORPORATION CYNOSURE, INC. P.O. Box 786, 7 Burlington Square Burlington, Vermont 05402 802-862-5726 C. Harry Behney Executive Director January 25, 1988 Mr. Peter Pollack c/o Thomas F. Heilmann, PC 5 Burlington Square P. 0. Box 216 Burlington, VT 05402 Dear Peter: GBIC is currently developing its seventh industrial park for Chittenden County in Milton, Vermont. This site is 10-12 miles from the more active areas, such as the area between Exit 13 in South Burlington and Exit 12. Three industrial parks in that area are offering lots at $60,000 to $75,000 per acre. The fourth may be even higher. Our industrial park in Milton does not have a municipal sewer system; therefore, our prices are somewhat depressed, but they range from $23,500 to $35,000 per acre with an average selling price of $28,600 per acre. Recent offers for land we still own at our Ethan Allen Industrial Park have averaged over $50,000 per acre of usable land. Land available for industry with good access, and public water and sewer is at a premium as you can see by the prices. If you have any questions regarding our experience with industrial land, please let me know. smm SiZly, C. Harryhney Greater Burlington ... where the Business Environment matches the Quality of Life CASE NO. 4CO473-5 APPLICANT Orchard Lake Road Properties ADDRESS 29199 Orchard Lake Road P.O. Box 3180 Farmington Hills, Michigan 48018 REQUEST O ORCHARD LAKE ROAD PROPERTIES FOR CLARIFICATION OF LAND USE PERMIT AND FINDINGS OF FACT AND CONCLUSIONS OF LAW NOW COMES Orchard Lake Road Properties and hereby requests the Commission to clarify paragraph 14 of its Order in the above- --------_' -••----- --- ----•- raragrar!! =�mt..'1C:,�L1 �.....r .. _.�il applicable standards for review of future development. In addition, Applicant Orchard Lake Road Properties hereby requests that the Commission clarify, alter and amend those portions of its Findings of Fact and Conclusions of Law which relate to further development or subdivision of the subject parcel. Reference is specifically directed to page 12 "DISCUSSION" of the Commission's Findings of Fact and Conclusions of Law. In support of this request, Orchard Lake Road Properties points out that during the hearings held in this matter, it was represented by Orchard Lake Road Properties that future develop- ment and/or subdivision of the parcel would, in all likelihood, occur at some future date but no evidence was introduced as to the type of development or subdivision or its impact on prime agri- cultural soils, if any. Further, the decision of the District Environmental Commission granting the above permit is based on the finding that this project will not significantly reduce the potential of the primary agricultural soils. The Commission's I decision is not based upon criteria 9B(i-iv) and, therefore, the Applicant should not be prohibited from, at a future date, apply- ing for further subdivision or development on the subject parcel based upon its belief that it can, in a future application, satisfy the criteria set forth in Section 9B(i-iv) and, or, that such future development would not significantly reduce the agri- cultural potential of the agricultural soils on the property. DATED at the City of Burlington, County of Chittenden and State of Vermont this 3rd day of May, 1988. Respectfully submitted, By Thomas F. Heilmann, Esquire Attorney for Applicant Orchard Lake Road Properties tom.ppp.20-21 August 21, 1986 Attorney Thomas Heilmann Five Burlington Square Burlington, Vermont 05402 Re: Dynapower Corporation Dear Attorney Heilmann: Having reviewed the information submitted by Mr. Pollak and yourself it is my opinion that Dynapower Corporation would be considered as a light manufacturer of electrical conversion equipment. The parcel of land being considered by Mr. Pollak is zoned Industrial /Agricultural which permits light manufacturing within a Planned Industrial Development. The Industrial Park which Semicon, Inc., is presently located is in fact an approved Planned Industrial Development. As you are aware Semicon is presently in the process of subdividing their 111 acres into two lots, from the information furnished by your letters it appears that Dynapower would be interested in the 80 acre parcel. The intent within a planned industrial development is to average the development with 20 acre parcels with the overall minimum area being 80 acres per project. My reason for stating this information is should any further subdividing occur of this area, Dynapower would be required to maintain a minimum of 20 acres. Dynapower Corporation would be subject to site plan approval by the Planning Commission prior to construction. At that review we will address traffic, parking, vehicular access, circulation, landscaping and screening. Attorney Thomas Heilmann August 21, 1986 Page 2 In summary, Dynapower would be classified as a permitted use within the Industrial /Agricultural District. Should you have any further questions regarding this matter, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp THOMAS F. HEILMANN, P.C. ATTORNEYS AT LAW FIVE BURLINGTON SQUARE THOMAS F. HEILMANN BURLINGTON, VERMONT 05402 R O. BOX 216 602-664-4555 August 20, 1986 Mr. Richard Ward Zoning Administrator City of South Burlington 595 Dorset Street South Burlington, VT 05401 Re: Peter Pollak - Acquisition of 80-acre parcel from Semicon, Inc. Dear Mr. Ward: I am representing Peter Pollak who is the principal and president of a company called Dynapower Corporation presently of Farmington Hills, Michigan. Mr. Pollak, on behalf of his company, is on the threshold of acquiring 80 of the 111.2 acres presently owned by Semicon Corporation which property is off Hinesburg Road (Route 116) in South Burlington. I'm enclosing a letter to you written by Mr. Pollak which outlines the operations of his business as well as a brochure describing the type of manufacturing Dynapower does. What we would like to obtain is a letter from you, as the Zoning Administrator of South Burlington, indicating that the type of use that Dynapower contemplates for this parcel is consistent with the present zoning ordinances insofar as use is concerned. It would appear that the City of South Burlington's present zoning ordinances would classify the Dynapower operation as "light manufacturing". We would simply like the concurrence of South Burlington as to this issue. If there is any possible way that you could review Mr. Pollak's letter and the brochure and issue us an nn;n;nn n„ this as soon as reasonably possible, it would be greatly appreciated. Mr. Richard Ward Page 2 August 20, 1986 Please call me if you have any questions whatsoever as we are anxious to have this issue confirmed. Very truly yours, Thomas F. Heilmann TFH:stb Enclosures tom9.PPP P.23-24