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Home My WebLink AboutBATCH - Supplemental - 1050 Hinesburg RoadCITY'"LERTS OFFICE Receiv€ d tea# DNiDRecorded in `�I01llig_on pa / � f So. riington Lan Re. EASEM4NTtAM S. Kinville, City Clerk KNOW ALL PERSONS BY THESE PRESENTS that AVALANCHE DEVELOPMENT, LLC, a Vermont limited liability company with an office in Williston, County of Chittenden and State of Vermont, Grantor, in consideration of TEN AND MORE DOLLARS paid to its full satisfaction by MICHAEL GRAVELIN, of South Burlington, County of Chittenden and State of Vermont, Grantee, the receipt of said sum being hereby acknowledged, by these presents does hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto said Grantee, MICHAEL GRAVELIN, a single person, and his heirs and assigns, a perpetual, nonexclusive easement over and through lands of the Grantor located in South Burlington, County of Chittenden and State of Vermont, more particularly described as follows, viz: Being a fifteen (15) foot wide nonexclusive, perpetual easement and right of way, in common with others, for ingress and egress, running easterly for a distance of three hundred (300) feet, more or less, parallel to the southerly boundary of Grantor's lands and premises commonly known and designated as 1050 Hinesburg Road in the City of South Burlington, as shown on a plan entitled "Michael Gravelin, Final Plat, 1060 Hinesburg Road, South Burlington, VT," prepared by O'Leary -Burke Civil Associates, PLC, dated December 21, 2004, last revised January 11, 2005, and recorded at Map Slide 454 at Page 2 of the South Burlington Land Records. This Easement Deed is one of two Easement Deeds between the parties. for the purpose of granting reciprocal 15-foot wide easements for the construction of a 30-foot wide shared access driveway to be centered on the common boundary of Grantor's and Grantee's lands (the "Easement Area"), to provide vehicular and pedestrian access only to Grantor's lands and premises at 1050 Hinesbug Road and to Grantee's lands and premises commonly known and designated as 1060 Hinesburg Road, South Burlington, Vermont. The easement and rights granted herein burden a portion of the lands and premises conveyed to Avalanche Development, LLC by Warranty Deed of Linus Wiles and Sue Vosburgh Wiles dated November 25, 2003 and recorded on December 1,- 2003 in Volume 649 at Page 84 of the City of South Burlington Land Records (the "Burdened Property"). The Burdened Property is shown on a site plan entitled "Avalanche Properties, Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated April 14, 2003, last revised December 26, 2005, and recorded at Map Slide 474 at Page 3 of the South Burlington Land Records. The easement and rights granted herein benefit all and the same lands and premises conveyed to Michael Gravelin by Warranty Deed of Ann V. Painter, as Trustee of the Ann V. Painter Revocable Trust, dated August 1, 2003 and recorded in Volume 627 at Page 699 of the City of South Burlington Land Records (the "Benefitted Property"). The easement granted herein shall be nonexclusive, perpetual and appurtenant to the Benefitted Property and shall bind the. Grantor, and Grantor's successors and assigns. By acceptance of this Easement Deed, Grantee, for himself and his heirs and assigns, covenants and agrees with Grantor as follows: 1. To share equally with Grantor in the costs of constructing and paving the common access driveway. 2. To be solely responsible for all permits and the cost of any landscaping that is required by permits and approvals in connection with construction of the common access driveway. To share equally with Grantor in the costs of maintenance and upkeep of the common access driveway constructed within the Easement Area, including but not limited to landscaping, snowplowing, storm water treatment, repair, restoration and/or replacement of the common access driveway. Grantee further covenants and agrees to share equally in the storage of snow removed from the Easement Area. 4. Neither Grantee, nor any employees, agents, guests, tenants, clients or other invitees of Grantee, shall park on the Burdened Property. To provide and maintain landscape screening of the existing building on the Benefitted Property in a size and quantity to sufficiently screen the building from the Burdened Property. 6. Any use of the existing building on the Benefitted Property, including any expansion thereof, will not conflict with the development or use of the Burdened Property. 7. To maintain adequate insurance on the Benefitted Property including the common access driveway. 8. To promptly repair any damage caused by Grantee's entry upon or use of, or entry upon or use by his employees, agents, clients, tenants, guests or other invitees, of the common access driveway or Easement Area, including any damage to the Burdened Property, at Grantee's sole cost and expense. Any such damage to the common access driveway, Easement Area and the Burdened Property shall be restored as nearly as practicable to the same condition which existed prior to such damage. 2 9. To defend, indemnify, and hold Grantor harmless from and against any claim, loss, expense or damage to any person or property in or upon the common access driveway and Easement Area, arising out of Grantee's use of the common access driveway or Easement Area, or arising out of any act of or neglect by Grantee or its employees, agents, clients, tenants, guests or other invitees. Grantor reserves the right to further develop the Burdened Property and to further amend its site plan to include parking along the northern side of the shared access driveway as allowed by the City of South Burlington zoning regulations. By acceptance of this Easement Deed, Grantee, for himself and his heirs and assigns, covenants and agrees not to oppose such development by Grantor, but Grantee shall retain the right to participate in the public permitting process for any such development. Grantor, for itself and its successors and assigns, covenants and agrees that it shall be solely responsible for resolving any development or traffic issues arising from its development plans at its sole cost and expense. The Burdened Property has the benefit of, and is subject to, the following: 1. A water line easement over an adjoining parcel subject to obligations described in the Warranty Deed from Malcolm P. Vosburgh and Florence M. Vosburgh to Sue A. Vosburgh dated March 16, 1962 and recorded in Volume 61 at Page 145 of the South Burlington Land Records. 2. The Declaration of Condominium of 1050 Hinesburg Road Condominium, South Burlington, Vermont, recorded in Volume 694 at Page 645 of the South Burlington Land Records. A 20-foot wide sewer line easement along the eastern boundary of the Property granted to the City of South Burlington by instrument recorded in Volume 203 at Page 472. a 4. City of South Burlington Permit No. SD-03-63 approved October 22, 2003, as amended by Permit No. SD-04-48 approved on August 9, 2004. 5. Notice of Condition of Site Plan Approval dated January 15, 2004 and recorded in Volume 654 at Page 151 of the South Burlington Land"Records. 6. Wastewater System and Potable Water Supply Permit dated November 24, 2003, and recorded in Volume 651 at Page 167 of the South Burlington Land Records. 7. Vermont Agency of Transportation Permit No. 28209 issued on November 3, 2003, evidenced by a Notice of Permit Action dated November 3, 2003, to be recorded in the South Burlington Land Records. Irrevocable Offer of Dedication from Avalanche Development, LLC to the City of South Burlington dated January 27, 2004, and recorded in Volume 654 at Page 146 of the South Burlington Land Records, for an easement and right of way for a 20-foot wide recreational path. The Easement is granted subject to and with the benefit of highway easements, utility easements, easements for ingress and egress, water and pipeline rights, state and local land use permits, leases, covenants, restrictions, if any, and rights incident to each of the same as may appear more particularly of record provided that this paragraph shall not reinstate any such encumbrance previously extinguished by the Marketable Record Title Act, Subchapter 7, Title 27, Vermont Statutes Annotated. Reference is hereby made to the aforementioned instruments, the records thereof and references contained therein, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD the Easement with all of the privileges and appurtenances thereof, to the Grantee, MICHAEL GRAVELIN, a single person, and his heirs and assigns, to their own use and behoof forever; and the Grantor, AVALANCHE DEVELOPMENT, LLC, for itself and its successors and assigns, does covenant with the Grantee, MICHAEL GRAVELIN, his heirs and assigns, that until the ensealing of these presents the Grantor is the sole owner of the premises subject to the Easement and has good right and title to convey the Easement in the manner aforesaid, and that the Easement area is FREE FROM EVERY ENCUMBRANCE except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as stated in this Easement Deed. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized agent this day of % , 2006. IN THE PRESENCE OF: 66� Witness AVALANCHE DEVEIOPIYAENT, LLC By: Its duly authorized agent 11 STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington in said County and State, this G� day of % , 2006, Russell Barone, duly authorized agent of Avalanche Development, LLC ersonally 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 Avalanche Development, LLC. Before me G . , Notary Public My Commission Expires: 02/10/07 Vermont proportyT7a"ster 12x 2 R T!.RcLCGv .�.it=CD r_^ VT LAND J�� u ,C'IErk STEVEN F. STITZEL PATTI R. PAGE" ROBERT E.FLETCHER JOSEPH S. McLEAN AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/I'DD) FAX (802) 660-2552 or 660-9119 W W W.FIRMSPF.COM WRITER'S E-MAIL(RFLETCHER@FIRMSPF.COM) WRITER'S FAX (802) 660-9119 May 3, 2007 Audrey Robinson Collins, McMahon P.O. Box 1623 & Harris Burlington, VT 05402-1623 Re: Avalanche Properties, LLC and Michael Gravelin Dear Audrey: I recently reviewed the reciprocal Easement Deeds for the above -referenced properties (1050 and 1060 Hinesburg Road) for the shared driveway. I suggest using the same plan for both deeds. The "Michael Gravelin Final Plat" recorded at Book 454, Page 2, shows the shared access drive more clearly, and is a better reference. Please change the language in the Avalanche to Gravelin Easement to reference the Gravelin plan and remove the reference to the Avalanche plan. Please contact me with any questions or concerns. Thank you. Sin 1 r kobert E. Fletcher REF/af CC: Raymond Belair son07-065.cor EASEMENT DEED COLLINS. McMAHON. & HARRIS. P.L.L.C. Attorneys P.O. Box 1623 Burlington, VT 05402-1623 KNOW ALL PERSONS BY THESE PRESENTS that AVALANCHE DEVELOPMENT, LLC, a Vermont limited liability company with an office in Williston, County of Chittenden and State of Vermont, Grantor, in consideration of TEN AND MORE DOLLARS paid to its full satisfaction by MICHAEL GRAVELIN, of South Burlington, County of Chittenden and State of Vermont, Grantee, the receipt of said sum being hereby acknowledged, by these presents does hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto said Grantee, MICHAEL GRAVELIN, a single person, and his heirs and assigns, a perpetual, nonexclusive easement over and through lands of the Grantor located in South Burlington, County of Chittenden and State of Vermont, more particularly described as follows, viz: Being a 10-foot wide nonexclusive, perpetual easement and right of way, in common with others, for ingress and egress, running easterly for a distance of one hundred sixty (160) feet, more or less, parallel to the southerly boundary of Grantor's lands and premises commonly known and designated as 1050 Hinesburg Road in the City of South Burlington, Vermont, as shown on a site plan entitled "Avalanche Properties, Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated April 14, 2003, last revised June 15, 2004, and recorded at Map Slide qL at Page of the South Burlington Land Records. This Easement Deed is one of two Easement Deeds between the parties for the purpose of granting reciprocal 10-foot wide easements for the construction of a 20-foot wide shared access driveway to be centered on the common boundary of Grantor's and Grantee's lands (the "Easement Area"), to provide vehicular and pedestrian access only to Grantor's lands and premises at 1050 Hinesbug Road and to Grantee's lands and premises commonly known and designated as 1060 Hinesburg Road, South Burlington, Vermont. The easement and rights granted herein burden a portion of the lands and premises conveyed to Avalanche Development, LLC by Warranty Deed of Linus Wiles and Sue Vosburgh Wiles dated November 25, 2003 and recorded on December 1, 2003 in Volume 649 at Page 84 of the City of South Burlington Land Records (the "Burdened Property"). The easement and rights granted herein benefit all and the same lands and premises conveyed to Michael Gravelin by Warranty Deed of Ann V. Painter, as Trustee of the Ann V . Painter Revocable Trust, dated August 1, 2003 and recorded in Volume 627 at Page 699 of the City of South Burlington Land Records (the "Benefitted Property"). 11, it he easeaimt grantcd herein shall uc noncx-011 oiv%, p0-IFC�ual an "I ap:rartenant .--- i.. Benefitted Property and shall bind the Grantor, any a Grantor's succe ;curs ind assigns. By acceptance or this Easement Deed, Grantee, for himself and his heir., and assigns, covenants and agrees with Grantor as follows: To share equally with Grantor in the costs of constnicting and paving the common access driveway. 2. To be solely responsible for all permits and the cost of any landscaping that is required by permits and approvals in connection with construction of the common access driveway. 1 (802)862-3524 COLLINS. NI'MAHON. & HARRIS. P.L.L.C. Attorneys P-O. Box 1623 Burlington. VT 05402-1623 To share equally with Grantor in the costs of maintenance and upkeep of the common access driveway constructed within the Easement Area, including but not limited to landscaping, snowplowing, storm water treatment, repair, restoration and/or replacement of the common access driveway. Grantee further covenants and agrees to share equally in the storage of snow removed from the Easement Area. 4. Neither Grantee, nor any employees, agents, guests, tenants, clients or other invitees of Grantee, shall park on the Burdened Property. 5. To provide and maintain landscape screening of the existing building on the Benefitted Property in a size and quantity to sufficiently screen the building from the Burdened Property. 6. Any use of the existing building on the Benefitted Property, including any expansion thereof, will not conflict with the development or use of the Burdened Property. 7. To maintain adequate insurance on the Benefitted Property including the common access driveway. 8. To promptly repair any damage caused by Grantee's entry upon or use of, or entry upon or use by his employees, agents, clients, tenants, guests or other invitees, of the common access driveway or Easement Area, including any damage to the Burdened Property, at Grantee's sole cost and expense. Any such damage to the common access driveway, Easement Area and the Burdened Property shall be restored as nearly as practicable to the same condition which existed prior to such damage. 9. To defend, indemnify, and hold Grantor harmless from and against any claim, loss, expense, including attorney's fees, or damage to any person or property in or upon the common access driveway and Easement Area, arising out of Grantee's use of the common access driveway or Easement Area, or arising out of any act of or neglect by Grantee or its employees, agents, clients, tenants, guests or other invitees. Grantor reserves the right to further develop the Burdened Property and to further amend its site plan to include parking along the northern side of the shared access driveway as allowed by the City of South Burlington zoning regulations. By acceptance of this Easement Deed, Grantee, for himself and his heirs and assigns, covenants and agrees not to oppose such development by Grantor, but Grantee shall retain the right to participate in the public permitting process for any such development. Grantor, for itself and its successors and assigns, covenants and agrees that it shall be solely responsible for resolving any development or traffic issues arising from its development plans at its sole cost and expense. The Burdened Property has the benefit of, and is subject to, the following: A water line easement over an adjoining parcel subject to obligations described in the Tµl , i P �7nc , Qt 1 ,� �T.��. ,•:•�� c u Warranty Dc� d from ?4 col.z: . harp __ a d F. tt)-ence _ 0�.. A. Vosburgh dated March 16, 1962 and recorded in Volume 61 at Page 145 of the South Burlington Land Records. 2. The Declaration of Condominium of 1050 Hinesburg Road Condominium, South Burlington, Vermont, to be recorded in the South Burlington Land Records. 3. A 20-foot wide sewer line easement along the eastern boundary of the Property granted to the City of South Burlington by instrument recorded in Volume 203 at Page 472. 2 (802) 862-3524 COLLINS, MCMAHON,& HARRIS, P.L.L.C. Attorneys P.O. Box 1623 Burlington, VT 05402-1623 4. City of South Burlington Permit No. SD-03-63 approved October 22, 2003, as amended Permit No. SD-04-48 approved on August 9, 2004. Notice of Condition of Site Plan Approval dated January 15, 2004 and recorded in V 654 at Page 151 of the South Burlington Land Records. 6. Wastewater System and Potable Water Supply Permit dated November 24, 2003, and recorded in Volume 651 at Page 167 of the South Burlington Land Records. 7. Vermont Agency of Transportation Permit No. 28209 issued on November 3, 2003, evidenced by a Notice of Permit Action dated November 3, 2003, to be recorded in the South Burlington Land Records. Irrevocable Offer of Dedication from Avalanche Development, LLC to the City of South Burlington dated January 27, 2004, and recorded in Volume 654 at Page 146 of the South Burlington Land Records, for an easement and right of way for a 20-foot wide recreational path. The Easement is granted subject to and with the benefit of highway easements, utility easements, easements for ingress and egress, water and pipeline rights, state and local land use permits, leases, covenants, restrictions, if any, and rights incident to each of the same as may appear more particularly of record provided that this paragraph shall not reinstate any such encumbrance previously extinguished by the Marketable Record Title Act, Subchapter 7, Title 27, Vermont Statutes Annotated. Reference is hereby made to the aforementioned instruments, the records thereof and references contained therein, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD the Easement with all of the privileges and appurtenances thereof, to the Grantee, MICHAEL GRAVELIN, a single person, and his heirs and assigns, to their own use and behoof forever; and the Grantor, AVALANCHE DEVELOPMENT, LLC, for itself and its successors and assigns, does covenant with the Grantee, MICHAEL GRAVELIN, his heirs and assigns, that until the ensealing of these presents the Grantor is the sole owner of the premises subject to the Easement and has good right and title to convey the Easement in the manner aforesaid, and that the Easement area is FREE FROM EVERY ENCUMBRANCE except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as stated in this Easement Deed. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly autbnrized agent this —Z day of / 6w,.,�, �,{l .2004. l IN THE PRESENCE OF: AVALANCHE DEVELOPMENT, LLC By: Witness s duly authorized agent 3 (802) 862-3524 STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington in said County and State, this _I day of 4 c ; j� v" , 2004, Russell Barone, duly authorized agent of Avalanche Development, LLC 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 Avalanche Development, LLC. N:\Barone\Avalanche\easement deed 09-21-04.wpd COLLINS, MCMAHON,& HARRIS. P.L.L.C. Attornevs P.O. Box 1623 Burlington, VT 05402-1623 Before me, rv-\ Notary Public My Commission Expires: 02/10/07 4 (802) 862-3524 VERMONT PROPERTY TRANSFER TAX RETURN � VERMONT DEPARTMENT OFTAXES (PLEASE TYPE OR PRINT CLEARLY) MONTPELIER, VERMONT 05609-1401 SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWINGTRANSFER SOCIAL SECURITY NO.OR e TAXPAYER IDENT NO. AVALANCHE DEVELOPMENT, LLC 600 Blair Park Road, _Suite 323 Williston, VT 05495 _ : BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWINGTRANSFER SOCIAL SECURITY NO. OR + — TAXPAYER (DENT. NO. MICHAEL GRAVELIN _ 1035 Hinesburg Road z+`" South Burlington, VT 05403 PROPERTY LOCATION (Address in full) 1050 Hinesburg Road — DATE OF CLOSING South Burlington, VT 05403 f /04 INTEREST IN PROPERTY 1. ❑ FEE SIMPLE 3. ❑ UNDIVIDED 1/21NTEREST 5. El TIME-SHARE 7.� EASEMENT/ROW 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED %INTEREST 6. ❑ LEASE S. ❑ OTHER LAND SIZE (Acres or fraction SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED NO YES thereof)WAS SALE BETWEEN FAMILY MEMBERS _ NO YES STATE RELATIONSP�fIP 101x160r strip FINANCING:❑CONVENTIONALJBANKLJOWNER FINANCING ❑OTHER N/A - BUILDINGS ON PROPERTY ATTHETIME OFTRANSFER (CHECK ALLTHAT APPLY) — , 1. ❑ NONE 5. ❑ FARM BUILDINGS 9. ❑ STORE INSERT ( DWELLING UNITS 10.0 OTHER 2. ❑FACTORY e. ❑ MULTI -FAMILY WITH -- NUMBER) TRANSFERRED DESCRIBE 3. ❑ SINGLE FAMILY DWELLING 7. ® MOBILE HOME YEAR _ MAKE i— SER. NO.______ 4. ❑ CAMPNACAr1ON HOME 8. ❑ CONDOMINIUM WITH ___ _ ( INSERT ) UNITS TRANSFERRED NUMBER CHECKWHETHERTHE BUILDINGSWERE EVER ❑ OCCUPIED ❑ RENTED ® WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORETRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATINGFARM 7. ❑ COMMERCIALANDUSTRIAL_ DESCRIBE 2.13 OPENLAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8- ❑ OTHER PRIMARY USE OF PROPERTY AFTERTRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7- ❑ COMMERCIAL/INDUSTRIAL- easement for sPLEdi-1fl 2. ❑ OPEN LAND q_ ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. EX] OTHER access driveway DESCRIBE" WAS PROPERTY PURCHASED BYTENANT --- NO YES DOES BUYER_ HOLD TITLE TO ANY ADJOINING PROPERTY_—___ NO _ XYES CURRENT USEVALUE PROGRAM: IS ANY PORTION OFTHE LAND BEING CONVEYED SUBJECTTO A LIEN OR OTHER RESTRICTIONS UNDERTHE AGRICUL- TURAL AND MANAGED FOREST LAND USEVALUE PROGRAM CHAPTER 124 OF32V.S.A. _ _❑ YES_S - IFTRANSFER IS EXEMPT FROM PROPERTYTRANSFERTAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N,AND O BELOW. Transfer without consideration TOTAL PRICE PAID FOR Iff PRICE PAID FOR PRICE PAID$_ -0- _ PERSONAL PROPERTY$0 _ REALPROPERTY$^-O- STATETYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY ISLESSTHANFAIR MARKETVALUE,PLEASE DESCRIBE: --__..�_�_._ • MAKE CHECKS PAYABLETO: VERMONT DEPARTMENT OFTAXES TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALLTRANSFERS e DATE SELLER ACQUIRED 11/25/03 IF AVERMONT LAND GAINSTAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OFTHIS BOOKLET (CONTINUED ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BYTOWN OR CITY CLERK TOWN/CITY ACKNOWLEDGMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER -__ PAGE NO. —_- ACT 250 DISCLOSURE STATEMENT) ANDTAX PAID. LISTED VALUE $ GRAND LISTYEAROF _ PARCEL ID NO. -----------_ - - --. SIGNED CLERK --- --- — - --- --- GRAND LIST CATEGORY — — --- DATE FORM PT-1 (8/02) RATE SCHEDULE Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions).................................................. b. Value of property enrolled in current use program.................................................................................................., c. Value of qualified working farm............................................................................................................................. d. Add Lines la, b and c........................................................................................................................................... e. Tax rate.............................................................................................................................................................., I. Tax due on Special Rate Property: Multiply Line 1d by Line le ................................. 2. Tax on General Rate Property: a. Enter amount from Line O on front of return.................................................................................. b Enter amount from Line id of Rate Schedule above......................................................................., c. Subtract Line 2b from Line 2a....................................................................................................... d. Tax Rate ................ ....... .............................................................................................................. . e. Tax due on General Rate Property: Multiply Line 2c by Line 2d...................................................... 3. TotaiTax Due: Add Lines 1f and 2e and enter here and on line P on front of return ................................................ LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES 1, a. $ b. $ c. $ d. $ e. 0.005 f. $ 2. a. $ b. $ c. $ d. 0.0125 e. $ -0- 3. $ Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their.knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. WW-4-1981 and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number easement b. Parcel retained: Exemption Number Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermonfs Land Use and Development law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No, and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Line D in instructions) easement E. That this transfer 446/does not (strike one) result in a partition or subdivision of land. Note: if it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW 171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ® 1. Under penalties of perjury, seller(s) certifies that at the 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 RW-171). ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no add4ional consideration. WE HEREBY SWEAR AND A0JOM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLER GN RE S DATE BUYERS SIGNATURES DATE AVALANCHE D V�QNT, C �-% � - yam,- By: �,-- MICHAEL G ELIN s u au orize agent y Preparer'sSignature V / Prepared by COLLINS McMAHON & HARRIS, PLLC PO Box Michael . Burlington, VT 05402-1623 Marks, Esq. 223-1112 Preparer's Address Buyer's Representative Tel. _ (Print or Type) Keep a copy of this return for your records. 8 EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS that MICHAELGRAVELIN, of the City of South Burlington, County of Chittenden and State of Vermont, Grantor, in consideration of TEN AND MORE DOLLARS paid to his full satisfaction by AVALANCE DEVELOPMENT, LLC, a Vermont Limited Liability Company with an office in the Town of Williston, County of Chittenden and State of Vermont, Grantee, the receipt of said sum being hereby acknowledged, by these presents does hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto said Grantee, AVALANCE DEVELOPMENT, LLC, and its successors and assigns, a perpetual, nonexclusive easement over and through lands of the Grantor located in South Burlington, County of Chittenden and State of Vermont, more particularly described as follows, viz: Being a 10-foot wide nonexclusive, perpetual easement and right of way, in common with others, for ingress and egress, running easterly for a distance of one hundred sixty (160) feet, more or less, parallel to the northerly boundary of Grantor's lands and premises commonly known and designated as 1060 Hinesburg Road in the City of South Burlington, as shown on a site plan entitled "A & M Construction Corp., Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated August 9, 2004, and recorded at Map Slide _ at Page of the South Burlington Land Records. This Easement Deed is one of two Easement Deeds between the parties for the purpose of granting reciprocal 10-foot wide easements for the construction of a 20-foot wide shared access driveway to be centered on the common boundary of Grantor's and Grantee's lands (the "Easement Area"), to provide vehicular and pedestrian access only to Grantor's lands and premises at 1060 Hinesburg Road and to Grantee's lands and premises commonly known and designated as 1050 Hinesburg Road, South Burlington, Vermont. The easement and rights granted herein burden a portion of the lands and premises conveyed to Michael Gravelin by Warranty Deed of Ann V. Painter as Trustee of the Ann V. Painter Revocable Trust dated August 1, 2003, and recorded on August 5, 2003 in Volume 627 at Page 699-701 of the City of South Burlington Land Records (the "Burdened Property"). The easement and rights granted herein benefit all and the same lands and premises conveyed to Avalanche Development LLC by Warranty Deed of Linus Wiles and Sue Vosburgh Wiles dated November 25, 2003 and recorded on December 1, 2003 in Volume 649 at Page 84 of the City of South Burlington Land Records (the "Benefited Property"). The easement granted herein shall be nonexclusive, perpetual and appurtenant to the Benefited Property and shall bind the Grantor, and Grantor's heirs and assigns. By acceptance of this Easement Deed, Grantee, for itself, it successors and assigns, covenants and agrees with Grantor as follows: 1. To share equally with Grantor in the costs of constructing and paving the common access driveway. 2. To share equally with Grantor in the costs of maintenance and upkeep of the common access driveway constructed within the Easement Area, including but not limited to landscaping, snowplowing, storm water treatment, repair, restoration and/or replacement of the common access driveway. Grantee further covenants and agrees to share equally in the storage of snow removed from the Easement Area. rr�L 3 Neither Grantee, nor any employees, agents, guests, tenants, clients or other invitees of Grantee, shall park on the Burdened Property. G' l y Any use of the existing building on the Benefited Property, including any expansion thereof, will not conflict with the development or use of the Burdened Property. To maintain adequate insurance on the Benefited Property including the common access driveway. mSC To promptly repair any damage caused by Grantee's entry upon or use of, or entry upon or use by his employees, agents, clients, tenants, guests or other invitees, of the common access driveway or Easement Area, including any damage to the Burdened Property, at Grantee's sole cost and expense. Any such damage to the common access driveway, Easement Area and the Burdened Property shall be restored as nearly as practicable to the same condition which existed prior to such damage. 7 A. To defend, indemnify, and hold Grantor harmless from and against any claim, loss, expense, including attorney's fees, or damage to any person or property in or upon the common access driveway and Easement Area, arising out of Grantee's use of the common access driveway or Easement Area, or arising out of any act of or neglect by Grantee or its employees, agents, clients, tenants, guests or other invitees. Grantor, for himself and his heirs and assigns, covenants with Grantee, and its successors and assigns, as follows: 1. To be solely responsible for all permits and the cost of any landscaping that is required by permits and approvals in connection with construction of the common access driveway; and 2. To provide and maintain landscape screening of the existing building on the Burdened Property in a size and quantity to sufficiently screen the building from the Benefited Property. Grantor reserves the right to fiirther develop the Burdened Property and to further amend his site plan as allowed by the City of South Burlington zoning regulations. By acceptance of this Easement Deed, Grantee, for itself and its successors and assigns, covenants and agrees not to oppose such development by Grantor, but Grantee shall retain the right to participate in the public permitting process for any such development. Grantor, for himself and his heirs and assigns, covenants and agrees that he shall be solely responsible for resolving any development or traffic issues arising from his development plans at his sole cost and expense. The Burdened Property has the benefit of, and is subject to, the following: 1. All legally enforceable easements, rights -of -way, covenants, conditions, permits, declarations and other restrictions on use of record to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §601-604). 2. Rights of the public and others legally entitled thereto in any portion of the property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §601-604). Reference is hereby made to the aforementioned instruments, the records thereof and references contained therein, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD the Easement with all of the privileges and appurtenances thereof, to the Grantee, AVALANCHE DEVELOPMENT, LLC, and its successors and assigns, to their own use and behoof forever; and the Grantor, MICHAEL GRAVELIN, for himself and his heirs and assigns, does covenant with the Grantee, AVALANCHE DEVELOPMENT, LLC, its successors and assigns, that until I C the ensealing of these presents the Grantor is the sole owner of the premises subject to the Easement and has good right and title to convey the Easement in the manner aforesaid, and that the Easement area is FREE FROM EVERY ENCUMBRANCE except as aforesaid; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as stated in this Easement Deed. IN WITNESS WHEREOF, Grantor has executed this instrument this a% /y day of e:5L7D, -', , 2004. IN THE PRESENCE OF: 94n �. Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. i Michael Gra4elin,LS At 5, f5u,r I in said County and State, this Z'1 "" day of oclott , 2004, Michael Gravelin personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, L"', 0'-U? Notary Public My Commission Expires: 02/10/07 VERMOK . PROPERTY TRANSFER TA:. ,RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05609-1401 (PLEASE TYPE OR PRINT CLEARLY) SELLER'S (TRANSFEROR'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYERIDENT.NO. Michael Gravelin 1060 Hinesburg Road, S. Burlington, Vermont, 05403 BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. Avalanche Development, LLC 600 Blair Park Road, Suite 323, Williston, Vermont 05495 PROPERTY LOCATION (Address in full) DATE OF CLOSING 1060 Hinesburg Road, South Burlington, Vermont / /2004 INTEREST IN PROPERTY 1.❑ FEE SIMPLE 3. ❑ UNDIVIDED 112 INTEREST 5. ❑ TIME-SHARE 7. ® EASEMENT,/ROW 2.0 LIFE ESTATE 4. ❑ UNDIVIDED % INTEREST 6. ❑ LEASE 8. ❑ OTHER LAND SIZE (Acres or fraction SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED NO YES thereof) 7 WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP 10' x 160' FINANCING: ❑ CONVENTIONAUBANK ❑ OWNER FINANCING MOTHER None --no consideration BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): 1. ❑ NONE 5. ❑ FARM BUILDINGS 9. ❑ STORE 2. ❑ FACTORY 6. ❑ MULTI -FAMILY WITH (INSERT)DWELLINGUNITS10.® OTHER CommerciaDESCRl BE 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR MAKE SER. NO. 4. ❑ CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH (INSERT )UNITS TRANSFERRED NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL/INDUSTRIAL DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ® OTHER Easement Only DESCRIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE) 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAUINDUSTRIAL DESCRIBE 2. ❑ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. X OTHER Easement Only DESCRIBE WAS PROPERTY PURCHASED BY TENANT _� NO YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY NO _� YES CURRENT USE VALUE PROGRAM IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER THE AGRICUL- TURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V S A ❑ YES X NO IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M. N AND O BELOW. Transfer without consideration --easement only TOTAL PRICE PA19 FOR • PRICE PAID FOR PRICE PAID $ PERSONAL PROPERTY $ REAL PROPERTY $ 0.00 STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: • MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES Fs TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS 0.00 • DATE SELLER ACQUIRED 8/1/2003 • IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET #10 (CONTINUED ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK )1NNiCITV _ _ ACKNOWLEDGEMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER PAGE NO. ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. STED VALUE $ GRAND LIST YEAR OF ,RCEL ID NO. SIGNED CLERK -SAND LIST CATEGOR,, DATE Form PT-1 (8/02) INFO -PRO 800-655-2021 www.infoproforms.com RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See tnstswillons) ........................... ..... 1. a. $ ........................ b. Value of property enrolled in current use program................................................................................................................ b. $ c. Value of qualified working farm................................................................................................................................................ c. $ d. Add Lines 1a, b and c....... .................................... ..................................... ............... »........................................................... d- $ e. Tax rate........................................................................................ e- .005 ................................................................................................. Multiply Line 1d b Line 1e 0.00 f. Tax due an Special Rate Property: P Y Y............................................................................................ f. $ 2. Tax on General Rate Property: a. Enter amount from Line O on front of raturn 2. a, $ 0.00 ......................................................................................................................... b. Enter amount from Una 1d of Rate Schedule above...................................................................................................... ........ b. $ 0.00 c. Subtract Line 2b. from Line 2a ........................ c. $ 0.00 ................................................................................................................ d. Tax rate........................................................................................................................................................................................ d. .0125 e. Tax due on General Rate Property: Multiply Una 2c by Una 2d........................ _................................. ........... _............... _... e. $ — — 0.00 3. Total Tax Due: Add Lines if and 2e and enter here and on. Line P on front of return.................................................................................. 3. $ 0.00 LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, If any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or Is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number 1-403(a) b. Parcel retained: Exemption Number Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number fromUne D in Instructions) b E. That this transfer dares I does not (strike one) result in a partition or subdivision of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION J Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer. OR that the transfer is exempt from income tax withholding for the following reason (check one): X 1. Under penalties of perjury, seller(s) certifies that at that time of transfer, each seller was a resident of Vermont or an estate. r-- 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 RW-171.) F 4. Sellers(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 CERTIFICATES, IS TRUE, CORRE COMP,�n TO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE S) SIG REIS DATE Preparer's Signature Preparers Address P.O. Box 1440, Montpelier, VT 05601 Prepared by Michael Marks, Esq. Buyer's Representative Tel. (Print or Type) Keep a copy of this return for your records. C � C SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 December 21, 2005 Russ Barone Avalanche Development, LLC 35 Dorset Lane Williston, VT 05495 Re: Minutes — 105o Hinesburg Road Dear Mr. Barone: For your records, enclosed is a copy of the approved minutes from the December 6, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, c � h Betsy Mc o ugh Planning & Zoning Assistant Encl. 0�(CtCLRdt�CAU. DEVELOPMENT REVIEW BOARD 6 DECEMBER 2005 Ms. Quimby moved to approve Conditional Use Application #CU-05-15 and Site Plan Application #SP-05-53 of NPIRE subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 4. Public Hearing: Final Plat Application #SD-05-86 of Avalanche Development, LLC to amend a previously approved planned unit development consisting of an 8,904 sq. ft. building with 5,304 sq. ft. of medical office use and 3600 sq. ft. of general office use. The amendment consists of converting 3600 sq. ft. of general office use to medical office use, 1050 Hinesburg Road: Mr. Belair noted that traffic would increase slightly. Other than that, there are no other changes required to the plan. Ms. Quimby moved to approve Final Plat Application #SD-05-86 of Avalanche Development, LLC, subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 5. Continued until 20 December 2005. 6. Public Hearing: Final Plat Application #SD-05-89 of Magic Hat Brewing Co. to amend a previously approved planned unit development consisting of three commercial and industrial buildings on two parcels totaling 6.73 acres. The amendment consists of: 1) installing two 38-feet high grain storage silos, 2) enclosing a 35'x125' patio, and 3) constructing a 28'x65' addition, 5 Bartlett Bay Road: Mr. Belair noted that there is a landscaping requirement of $9200. The applicant proposes $3000 in new landscaping. There is no place to put other landscaping other than behind the building which no one could see. Mr. Belair noted that the height of the silos is 3 feet above the regulations, so the applicant is asking for a 3-foot height waiver. Mr. Kupferman suggested that the applicant allow use of the silos for telecommunications. The applicant was open to this suggestion. Mr. Dinklage suggested the applicant explore the use of rail to bring in grain and get some trucks off the road. The draft motion was amended to add stipulation #12 as follows: The Board approves a three foot height waiver for the two silos for a maximum height of 38 feet. Ms. Quimby moved to approve Final Plat Application #SD-05-89 of Magic Hat Brewing Co. subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. -2- Impact Fee Calculation for New Non Residential Construction / A Project Name B Effective Date C D E F G H I J K L Type of use Type of construction Value of construction per square foot from Appendix 1 Total square feet of new construction Total value of new construction Existing land value Above in units of$1,000 Above in units of$1,000 Total value of site and improvements after construction Above in units of$1,000 ROAD IMPACT FEE M Base road impact fee per VTE N Estimated PM peak hour VTEs O Base road impact fee P Credit per $1,000 (Table RD-5) for past payments Q Credit for past payments R Credit per $1,000 (Table RD-6) for future payments S Credit for future payments T Total road impact fee FIRE PROTECTION FEE Estimated post construction value of structure and contents U in units of $1,000 V Base fire protection impact fee Credit per $1,000 of land value (J) for past tax payments W (Table FP-4) X Total credit applicable to project for past tax payments Post -construction value of structure and land excluding Y contents Z Above in units of $1,000 Credit per $1,000 of post -construction value for future tax AA pmts (Table FP-5) AB Total credit applicable to project for future tax payments AC Total fire protection impact fee TOTAL ROAD AND FIRE IMPACT FEE 10S0 #4M6,; 4t�j�cr�C ExF G/1000 Grand list I / 1000 G + I K / 1000 $144.56 3>", `( V,!g .. MxN j J x P L x R° >,.24o-Q-s H x 1.875 $0.87 x U From FP-4 W xJ G + I Y / 1,000 From FP-4 AAxZ V-X-AB Calculation sheets.xls C A Project Name B Effective Date C D E F G H I J K L Impact Fee Calculation for New Non -Residential Construction GJGD,(� 93-eb 996y_ Total value of new construction (� 7, ��, j �0 E x F Above in units of$1,000 �s} �I y `p`Z, G / 1000 Existing land value d (ice Grand list Above in units of$1,000 I / 1000 Total value of site and improvements after construction G + I Above in units of$1,000 % /l J� K / 1000 Type of use Type of construction Value of construction per square foot from Appendix 1 Total square feet of new construction ROAD IMPACT FEE M Base road impact fee per VTE N Estimated PM peak hour VTEs O Base road impact fee P Credit per $1,000 (Table RD-5) for past payments Q Credit for past payments R Credit per $1,000 (Table RD-6) for future payments S Credit for future payments T Total road impact fee FIRE PROTECTION FEE Estimated post construction value of structure and contents U in units of $1,000 V Base fire protection impact fee Credit per $1,000 of land value (J) for past tax payments W (Table FP-4) X Total credit applicable to project for past tax payments Post -construction value of structure and land excluding p C$144.56 MxN g�OU JxP .t /0), L x R qoD a,O-Q-S /U*%(%�'/ Hx1.875 X' � -$0.87 x U From FP-4 G I/,0;_wxJ Y contents r� q G + I Z Abovein units of$1,000 / �f / . 9�/� J q�. Y / 1,000 Credit per $1,000 of post -construction value for future tax AA pmts (Table FP-5) '' From FP4 AB Total credit applicable to project for future tax payments AC Total fire protection impact fee TOTAL ROAD AND FIRE IMPACT FEE lv/�yl/ AAxZ V-X-AB d Calculation sheets.xls CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM To: Development Review Board From: Betsy McDonough, Planning and Zoning Assist(hp Date: December 1, 2005 Re: Final Plat Application #SD-05-86, Avalanche Development, LLC. Agenda # 4 December 6, 2005 DRB Meeting Site Location Note: photo was taken before building was constructed. Project Description Avalanche Development, LLC., hereinafter referred to as the applicant, is seeking to amend a previously approved planned unit development consisting of an 8,904 sq. ft. building with 5,304 sq. ft. of medical office use and 3,60o sq. ft. of general office use. The amendment consists of converting 360o sq. ft. of general office use to medical office use, 105o Hinesburg Road. The final plat approval for this project was granted on October 21, 2003 and amended on August 3, 2004. Since this application involves only a change in use, only two criterion of the PUD approval will be affected. Parking The current uses require 39 parking spaces. The proposed uses require 45 parking spaces. There are 37 spaces located on the site. On October 21, 2003, the Development Review Board granted, as part as final plat approval, a seven (7) space or 18% parking waiver and amended on August 3, 2004 to 2 spaces or a 5.1% waiver, allowing the 37 parking spaces. Section 13.o1(N)(2) of the Land Development Regulations allows up to a 25% reduction of the required parking. The applicant is now requesting a 7.4 space or 18% reduction, which is the same as the original request. Staff recommends that the Board approve the 7.4 or 18% parking space waiver. 1. The Board grants the applicant a 7.4 space or 18% parking waiver. Traffic According to the Institute of Transportation Engineers (ITE), the current uses generate 28.5 P.M. peak hour vehicle trip ends (vte's). The proposed uses generate 33.1 P.M. peak hours, for a 4.6 vte increase. 2. The applicant shall pay any applicable traffic impact fees for the increase in vte's. At this time, staff does not feel that the calculated P.M. peak hour vte's will require any special traffic management strategies. Staff recommends that the Development Review Board approve Final Plat Application #SD-05-86, subject to the conditions numbered above. -2- ,ue-453-LU49 or tAR legals :PING SERVICES on I base.. $15 an hour. 482..6;i06. 9CEI1 RESIDENTIAL eason.ible rates. Greet. Honest, dependable ?nt. Please contact MI-655-5071 or third n.net. [AN available. 802- 'ONAL HOUSEKEEP- years experience. If please call Betsy at 137. DONE: FOR STRAY iagnetic, microwave vave pollution in ildings, businesses and 1tL power sources have 1 field effects. vhere the safest con - are within your envi- ;all A.Trent Millet 802- MOBILE VET SER- Jnes, health certifi- py/kitten packages, (ams/consultations, s, multiple pet dis- I for convenient in- -intment. 802- t to buy Furniture, postcards, meras, toys, medical Mass, photographs, License plates and :hing unusual or ;h paid. Call Dave at )66. 0 BUY small 4 cyl. In good condition, price. 802-865-8546. irs PUBLIC HEARING SOUTH BURI.INGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall. Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, December 6, 2005, at 7:30 P.M. to consider the following: 1. Conditional use application #CU-05-15 of NPIRE for condi- tional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to allow a portion of the property to be used as a commercial park- ing facility, 85 Green Mountain Drive. 2. Final plat application #SD-05- 86 of Avalanche Development, LLC to amend a previously approved planned unit develop- ment consisting of an 8,904 sq. ft. building with 5,304 sq. ft. of medical office use and 3,600 sq. ft. of general office use. The amendment consists of convert- ing 3600 sq. ft. of general office use to medical office use, 1050 Hinesburg Road. MONT TREADMILL REPAIR Ear FALL TUNE UP? RING TREADMILLS, 1ICALS $ EXERCISE BIKES. '� T C 22B I november 16-23, 2005 1 SEVEN DAYS »legals Cont. 3. Final plat application #SD-05- 87 Of Century Partners, LP to amend a previously approved planned unit development consist- ing of 96,700 sq. ft. of general office and shopping center use in four (4) buildings. The amend- ment consists of: 1) site modifica- tions to the north and east sides of the 4 Market Street building, and 2) relocate the access drive- way connection between 4 Market Street and 1117 Williston Road. 4. Final plat application #SD-05 88 of Pizzagalb Properties, LLC to amend a previously approved 28,000 sq. ft. building with 18,400 sq. ft. of medical office use, 9400 sq. ft. of general office use, and 200 sq. ft. of retail food establishment use. The amendment consists of adding utility cabinets with Landscaping, 118 Tilley Drive. 5. Final plat application #SD-05- 89 of Magic Hat Brewing Co, to amend a previously approved planned unit development con- sisting of three (3) commercial and industrial buildings on two (2) parcels totaling 6.73 acres. The amendment consists of: 1) installing two (2) 38 ft. high grain storage silos, 2) enclosing a 35' x 125' patio, and 3) con- structing a 28' x 65' addition, 5 Bartlett Bay Road. Copies of the applications are available for public inspection at the South Burlington City Hall. 802-310-5060 John Dinklage, Chairman on i1TREAO@VERIION.NET South Burlington Development -- Review Board November 16, 2005 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on an amendment to the South Burlington Comprehensive Plan on Tuesday, December 20th at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington. The proposed amendment is a new version of Chapter 8, Southeast Quadrant, along with an amended Sewer Service Map. Copies of the proposed Comprehensive Plan chapter are available on line at: Did Notice -_--------- PRE -QUALIFICATION FOR CONSTRUCTI Williamstown School Board has established pre-qualific seeking interested bidders to apply for pre -qualification Services for a renovation and addition to the Williamsto provide services under AIA 121/Cmc, which provides for / The project consists of complete renovation of the er of a 5400sf addition, a wood chip heating plant an( / Bids are anticipated to be opened January 17, 2006 / Prequalification statements, submitted on AIA-A305 by noon, December 9, 2005 at the following addres.- Chris Locarno, Business Manager • Oran 111 Brush Hill Road -William Interested bidders should contact Chris Locarno at 802-� project requirements, and drawings. / support groups DON'T SEE A SUPPORT group here that meets your needs? Call Vermont 211, a program of United Ways of Vermont. Within Vermont, 866-652-4636 (toll - free) or from outside of Vermont, 802-652-4636. Monday -Friday, 8:30 a.m. - 4:30 p.m. DEVELOPING SELF-ESTEEM: For abused, lonely women at Border's, upstairs in the coffee shop, Mondays, 5 p.m., ongoing, 658-2976. BRAIN INJURY ASSOCIATION OF VERMONT :Montpelier day- time support group meets first and third Thursday of the month at the Unitarian Church "ramp entrance" from 1:30-2:30 p.m. Call helpline at 1-877-856-1772. BRAIN INJURY ASSOCIATION OF VERMONT: Montpelier evening support group meets the first Tuesday of each month at Vermont Protection and Advocacy, 141 Main St. suite 7 in conference room #2 from 6-8 p.m. Call our Helpline at 1-877- 856-1772. BRAIN INJURY ASSOCIATION OF VERMONT: St. Albans evening support group meets the second Monday of each month at Northwestern Medical Center, 133 Fairfield Street from 6:30- 8:30 p.m. CalL our helpline at 1- 877-856-1772. BRAIN INJURY ASSOCIATION OF VERMONT: Bennington day support group meets the first Friday of the month at Second BIPOLAR SUPPORT G] open to new members. downtown. Our goal is become healthy and ha info, call Gerhard at 95 SUPPORT GROUP FOR ERS OF CHILDREN WI SURVIVED CHILD SEX ABUSE: The Women's R Center in conjunction v Family Connection Cent a free, confidential, ter support group, beginnii October 25. Info, 802-f PARTNERS OF CHILDHi UAL ABUSE SURVIVOR 4th Monday of month. R Center, 34 Elmwood Ave. p.m. Catl Timberty, 310-i email missmorpheusl@� for more info. ALZHEIMER'S DISEASI Dementia support grour the last Tuesday of ever at Birchwood Terrace, Burlington. Info, contar Stefanie CatelLa, 863-6= WEEKLY SMOKING CE! support group: Small gr Caring atmosphere. Stol in just 21 days using rr proven, safe methods. P unhealthy drugs. Call 2( WEEKLY WEIGHT-LOS! group: Small groups. Ca atmosphere. Get great n using natural, proven, s methods. No unhealthy Call. 264-1924. FAMILY AND FRIENDS PORT GROUP: If someo your family or one of yc friends is in an abusive CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 1, 2005 Russ Barone Avalanche Development 35 Dorset Lane Williston, VT 05495 Re: 105o Hinesburg Road Dear Mr. Barone: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, December 6, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, `� & C Betsy4Mcono gh Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 I�bnhc Novmeber 16, 2005 Avalanche Development 35 Dorset Lane Suite 201 Williston, VT 05495 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. ( 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 November 16, 2005 Michael Gravelin 106o Hinesburg Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. 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. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy onough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 7, 2005 Russ Barone Avalanche Development, LLC 35 Dorset Lane Williston, VT 05495 Re: 105o Hinesburg Road Dear Mr. Barone: Enclosed, please find a copy of the Findings of Fact and Decision of the. above referenced project approved by the South Burlington Development Review Board on December 6, 2005 (effective 12/o6/05). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 18o days (must be submitted by June 2, 2oo6) of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, McIDonoVgh, Planning\& Zoning Assistant Encl. CERTIFIED MAIL 7005 1820 0004 9293 8093 Permit Number SD- q, CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW 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. 1) 9WNER OF RECORD (Name a� shown on deed, mailing address, phone and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) n -� APPLICANT (Name, mailing address, phone and fax #) 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, 5) PROJECT STREET ADDRESS 5 —C ';) 6) TAX PARCEL ID # (can be obtained at Assessor's Office) JZ�i 0 0` b5-0 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) Y3oel{., WILA Zi'R iY.�Ci21 b) Proposed uses on property include description and size of remain) use and existing uses to c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors if basement and mezzanine) buildings and existing buildings to remain, specify e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) At A g) Other (list any other information pertinent to this ap lication not specifically requested above, please note if Overlay Districts are applicable) �1A h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 8) WETLAND INFORMATION a) Are there any wetlands (Class I, II, or I11) on the subject property? b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: i, 3_( A r[t (acres /sq. ft.) b) Building Coverage: Existing �O-i square feet 6. % Proposedy� ` square feet s�,u,r� c) Overall Coverage (building, parking, outside storage, etc): Existing 1 QC) square feet % 2 Proposed S� -c square feet d) Front Yard Coverage(s) (commercial projects only): Existing _ i-0 square feet % Proposed K,.( square feet % 10) AREA DISTURBED DURING CONSTRUCTION: sq. ft. * *Projects disturbing more than on -half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations e.g., setbacks, hei ht, parking, et9. that the applicant is seeking X `(,I c�\[_ c9vr or: .�.� ��uOvc� S�j- 03 -6 L�rcc 6 c.. lS� ra �✓' ►'� W �.� �zr 12) COST ESTIMATE a) Building (including interior renovations) $ e _ b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ c) Other site improvements (please list with cost) A 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) i b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 14) PEAK HOURS OF OPERATION 15) PEAK DAYS OF OPERATION 16) ESTIMATED PROJECT COMPLETION DATE 3 C 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You may attach a separate sheet. � k��^G�t�-/ 16) PLANS AND FEE ��. S"C�.1Cu'�c.. �^..� o��Y n.(ct�!/� 3 f�,��✓' S;,,,L �(c.•.S 6T. �� Plat plans shall be submitted which slows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11" x 17") 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 regt and is accurate to the best of my knowledge. of this application has been submitted OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: r� 1 L I have reviewed this preliminary plat application and find it to be: 7 Complete ❑ Incom lete & o gning or Designee 4 Abutter Information Owner: Avalanche Development, LLC 35 Dorset Lane Suite 201 Williston, VT 05495 Applicant: Barone Construction, Inc Abutters: Michael Graveline 1060 Hinesburg Road S. Burlington, VT 05403 Burlington Properties Dynapower Corp. 1020 Hinesburg Road S. Burlington, VT 05403 Julie Ann Spaniel, DDS 1050 Hinesburg Road S. Burlington, VT 05403 AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: rbarone@baroneconstruction.com) Ray Belair, South Burlington Administrative Officer South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 November 4, 2005 Ref: 1050 Hinesburg Road, Second Floor Use. Dear Ray & DRB, I am currently performing fit -up alterations for a new tenant that has leased my second floor space at 1050 Hinesburg Road in South Burlington. The new business is one that provides a "Fee for Services" health related services to individual clients. Their primary source of clientele is referrals from Doctors, Chiropractors and or Physical Therapists. They will provide individual clients with specific attention and consulting for issues relating to there health. I was contacted by Ray with a question as to the type of use for my new tenant and whether or not it complied with the zoning and my approved use of General Office. I explained that the business is not a licensed health care facility, health club or indoor recreational facility and it is not a business that will sell memberships or charge monthly fees to members; it is a business that provides services to individuals on a "Fee for Services" basis dealing with individual's health and health related needs. I expressed to Ray that I believe the City of South Burlington Land Development Regulations allow this use as General Office under the Establishment, Office (which I assume is Office, General) and Services definitions. The Definitions read as follows; Establishment definition: An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. My tenant is establishing a new business at a single location that is providing health related services to their clients. Please note there is no definition given to define what constitutes a "Business". Office definition: A room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. My tenant will be using the space (a group of rooms) to conduct the affairs of their business which is to provide services to individuals relating to their health. Please note there are no definitions to define what constitutes a Business, Profession or Government but there are definitions for Services and Industry. Services definition: Establishment primarily engaged in providing services for individuals, business, and government establishments and other organizations. Such services include hotels and other lodging places, establishments providing personal, business, repair, and amusement services, health, legal, engineering, and other professional services, educational institutions, membership organizations, and other miscellaneous services. My tenant's business is an establishment that will be providing a service to individuals and that service is health related. Please note that there are definitions for Establishment, Services, Hotel, Personal, Business and Repair Services, educational and membership organizations but there are not definitions to define what constitutes Individuals, Business, Government Establishment, Other Organizations, Amusement Services, Health, Legal, Engineering or other Miscellaneous Services. I believe these definitions allow for my tenants business within the General Office category. Ray informed me that Staff did not intend for the definitions to allow this type of use as General Office. Yet I believe as written, the regulations do allow this type of use as General Office. Subsequently Ray informed me that staff felt a medical office use would be a more appropriate fit and he recommended that I apply to amend my previous approval from general office to medical office. In an effort to comply with the request of the Planning & Zoning staff I am submitting an application to appear before the DRB to amend the use of my building to Medical Office but I am requesting that my tenant be allowed to open and operate their business when the fit -up is complete without being served a notice of non compliance as I believe the General Office definitions allow for this use. I understand that staff may not have intended the definitions to be interpreted as I have stated above but the regulations do allow for such interpretation as they were written and adopted. As I feel I am placed in a difficult situation and I want to do what is appropriate and right by both the City and my Tenant so I am requesting time before the Development Review Board at there earliest convenience to review this issue and amend my August 3, 2004 approval (if deemed necessary) to allow the entire building to have a Medical Office use while my tenant is allowed to open and operate their business without interruption. As part of the change of use I will be requesting a waiver of the parking requirement. In the Staff notes of October 17, 2003 it is noted that 12.6 parking spaces were needed for the general office space and 26.5 spaces were needed for the medical office space equaling 39 spaces and a waiver was originally granted as part of my October 21, 2003 approval #SD-03-63 for 7 spaces or 18% and amended on August 3, 2004 #SD-04-48 to 2 spaces or 5.1 % allowing the 37 spaces as shown on the approved plans. The change of use from general office to medical Office would require 18 spaces instead of 12.6 or a difference of 5.4 spaces. The City of South Burlington Land Development Regulations 13.01,N, (2), allow up to a 25% reduction of the required parking and our request would be for 7.4 spaces or an 18% reduction which is the same as our original #SD-03-63 approval. We do not anticipate a need beyond the 37 existing spaces approved with the two uses of the building as the dental office has hours of operations from 8:00am to 5:00pm and our new tenant's peak times are from 6:00-8:00am and 5:00-8:00pm. The Dental Office currently uses approximately 25 spaces and our new tenant is anticipating the need for only 12 spaces during their peak times of operation and both occupants of the building understand that there may be overflow parking from time to time. Please do not hesitate to contact me if you decide the General Office category does apply and an amendment is not needed or if you have any other questions concerning my request. ,, j Sincerely, Russell Barone Managing Partner, Avalanche Development LLC. 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WRAGE GWE NORTH ELEVATION L -- --= SHINGLE O fU MASONF VD&T, Copyrtht "m Guillot YMan YWwiwm Architects, kr- A& Ri&u Reared GUILLOT VIVIAN VIEHMANN ARCHITECTS 2Q4 Q Union (Zf Burlington VT 05401 802.862.9631 )CEDgwarchilects.00m ELEVATIONS %Al Q,� trl,6 M,14r± Lren� &-n -ia- - fille CWje.rf� I 0�� No Text AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMENTAL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION # iUuj - ( l DISTRICT 4 TOWN South Burlington PIN # yZ3 y S _t:�a9-7- OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: NAME: Avalanche Properties c/o Russ Barone NAME: O'Leary -Burk Civil Associates, PLC c/o Dave Burke ADDRESS: 600 Blair Park Road, Suite 323 ADDRESS: 5 Andrew Avenue, Suite 5 Williston, VT 05495 Essex Junction, VT 05452 TELEPHONE: TELEPHONE: 8021878-9990; (fax) 878-9989 Based on a written request from Dave Burke received on September 11, 2003 a project was reviewed on a tract/tracts of land of 1.21 acres, located on Hinesburg Road . The project is generally described as: The construction of an 8,904 sf office building with 30 parking spaces and municipal water and sewer. Prior Permits From This Office: no Act 250 found PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [ ]I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A.. Chapter 151 (Act 250) over the project described above. (see above explanation of request and attached written request) Landowner/Agent, ANR Permit Specialist, Other Person (Circle one) 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LAN DOWNER/AGENT, OR OTHER PERSON. 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? commercial Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES XX NO COMMENTS: Copies sent to Statutory Parties: YES XX NO The proposed project does not constitute construction of improvements for a commercial purpose on greater than 10 acres under EBR 2(A) and, therefore, does not require Act 250 review. SIGNATURE: � ZS DATE: S O ADDRESS: Environmental Commissions Districts #4, 6, & 9 Stephanie A. Hesson 111 West Street, Essex Junction, VT 05452 District #4 Coordinator Telephone: (802)879-5614 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED YES NO �_ Wastewater System & Potable Water Supply Permit _ Notice of Permit Requirements EPR 1-403 Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672), Dolores LaRiviere (879-2341) SIGNATURE: DATE: (0` ADDRESS: AGENCY OF NATURAL RESOURCES Environm t sistance Division, Permit Specialist Telephone: (802)879-5676 DEPT. OF ENVIRONMENTAL CONSERVATION Wastewater nagement Division Telephone: (802)879-5656 111 WEST STREET, ESSEX JUNCTION, VT 05452 OVER»»»»»» THIS IS A PRELIMINARY, NON -BINDING DETERMINATION REGARDING OTHER PERMITS WHICH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTMENTS INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-241-3822) Contact: Discharge Permit; pretreatment permits; industrial, municipal Underground Injection Control (UIC) Indirect Discharge Permit Residuals management sludge disposal 4. AIR POLLUTION CONTROL DIVISION, ANR (888 520.4879) Contact: Construction/modification of source _ Open Burning _ Wood Chip Burners �>90HP) Furnace Boiler Conversion/Installation _ Industrial Process Air EmissionsDiesel Engines (> 200 bHP) 5. WATER SUPPLY DIVISION, ANR (802-241-3400)(800 823.6500 in VT) Contact: New Hydrants _ >500' of waterline construction Community Water System (CWS) Bottled Water Transient Non -Community Water System (TNC) _ Capacity Review for Non -transient non -community water system (NTNC) 1' 6 WATER QUALITY DIVISION, ANR `� Contact: River Management (241-3770) Stormwater Permits (state and federal, UIC) (241-4320) Shoreland Encroachment (241-3777) Aquatic Nuisance Control (241-3777) 1 Q Wetlands (241-3770) Section 401 Water Quality Certificate (241-3770) Stream Alteration (751-0129/879-5631/786-5906) Water Withdrawal (241-3770) WASTE MANAGEMENT DIVISION, ANR Contact: Notification of Regulated Waste Activity (241-3888) Underground Storage Tanks (241-3888) Lined landfills; transfer stations, recycling facilities, drop off (241-3444) Asbestos Disposal (241-3444) — Disposal of inert waste, untreated wood & stumps (241-3444) Composting Facilities (241-3444) Waste oil burning (241-3888) Used septic system components/stone 8. FACILITIES ENGINEERING DIVISION, ANR Contact: Dam operations (greater than 500,000 cu. fL)(241-3451) State funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) 9. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) Contact: SMALL BUSINESS AND MUNICIPAL COMPLIANCE ASSISTANCE Contact: Judy Mirro or John Daly 802-241-3745 RECYCLING HOTLINE (1-800-932-7100) Contact: 10. DEPARTMENT OF FISH & WILDLIFE, ANR (802-241-3700) Contact: Nongame & Natural Heritage Program (Threatened & Endangered Species) Stream Obstruction Approval �fE PARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office# 879-2300 Contact: Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) Storage of flammable liquids, explosives LP Gas Storage Plumbing in residences served by public water/sewer with 10 or more customers Boilers and pressure vessels 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (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 Contact: Child care facilities (800 649-2642) Residential care homes (241-2345) (Dept. of Aging & Disabilities) Nursing Homes (241-2345) Therapeutic Community Residence (241-2345) AGENCY OF TRANSPORTATION Contact: Access to state highways (residential, commercial) (828-2653) Junkyards (828-20531 Signs (Travel Information Council) (828-2651) Railroad crossings (828-2710) Development within 500' of a limited access highway (828-2653) Airports and landing strips (828-2833) Construction within state highway right -of way (Utilities, Grading, etc.) (828-2653) 15. DEPARTMENT OF AGRICULTURE Contact: Use/sale of pesticides (828-2431) Slaughter houses, poultry processing (828-2426) Milk processing facilities (828-2433) Animal shelters/pet merchant/livestock dealers (828-2421) Golf courses (828-2431) Weights and measures, Gas Pumps, Scales (828-2436) Green Houses/Nurseries (828-2431) Retail Sales/Milk/MeaUPoultry/Frozen Dessert/Class'C' Pesticides (828-2436) 16. ERMONT ENERGY CODE ASSISTANCE CENTER TOLL FREE 888-373-2255 /�VT Building Energy Standards 17. DIVISION FOR HISTORIC PRESERVATION (802-828-3211) Historic Buildings Archeological sites J& DEPARTMENT OF LIQUOR CONTROL (1-800-832-2339) Liquor licenses General Info (1-800-642-3134) ( 1 SECRETARY OF STATE (1-802-828-2386) _� Business registration Professional Boards (1-800-439-8683) DEPARTMENT OF TAXES (802-828-2551) _:2�Business taxes (sales, meals & rooms, amusement machines) 21. DEPARTMENT OF MOTOR VEHICLES (802-828-2074) Fuel taxes; commercial vehicle Franchise tax/solid waste C-,72_—A.00AL PERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) 3. FEDERAL PERMITS U.S. ARMY CORPS OF ENGINEERS,8 Carmichael Street, Suite 205, Essex Jct, VT 05452 (802)872-2893 24. OTHER: PRS Rev. 3/13/02 Sections #3424 above have been completed by the Permit Specialist: Jeff McMahon Date: - I may be reached at 879-5676 Copies have been mailed to: REVISED 3113/03 my 14-21, 2004 1 SEVEN DAYS I cLassified@sevendaysvt.com .TE MASSAGE TABLE: iassage table, sage- nes w/head-cradle and ✓ing-case and strap. lition, great deal: . Call 229-5996. )OM DIRECTTV SYS- installation!125+ chan- $29.99/mo. including ionths HBO & Starz. 2 . Restrictions apply. 1- 251. (AAN CAN). 2: Cooktop woodstove. x 14" tall box on 11" Needs paint but other- '.ent. Perfect small and ient unit. 865-5139. STOS CHIMNEY SEC- S #85-30 (8" diameter ions). 10 pieces. Also ted 8" elbows, angles, rap and stainless in excellent condition, but not brand new. .L: Woodworking class cate. Redeemable for ng $175. Injured back, 578-7113. UALITY HANGERS: 10 top -hangers and 400 ngers in clear plastic. i new business or reor- our closet. Asking R. Call 862-5051 and :heL K DINING room table , incl. 1 Captain's perfect cond. Oval extends to 72'48. will sell set for $850. ust sell. 985-9465. ID FOR SALE: 9 ft. ft. deep by 8 ft. tall /2 triangular windows n, galvanized roofing . Sturdy 2" x 8" floor- /y plywood sheets. 878-0004 ext. 100. ,iture .FATHER, CREAM - couch and love -seat. ondition. Bought for t sell for $1300. ust sell. 985-9465. is . STUDIOS: Winooski. iment in a relaxed, io atmosphere. $35/hr. /poster art and music age deals. David ,5-5881. is for sale S FIRST ANNUAL Used ✓ermont's largest selec- d musical instruments, p.a. gear and home quip. All at an extra ' for the entire month COSMIC HILL RECORDING: MIDI and production services. Years of experience in writing, playing, recording and production. Dedicated to making your music sound great. $25 per hour. 496- 3166. Moretown. VT. ► mus danans wanted WANTED: Skilled drummer for established post rock -band. Must be able to tour. Influences incl. GSYBE, Stereolab, M83 and Don Cab. 578-5873 or 363-6388. ► music instruct. CELTIC FIDDLE instruction with experienced dance band musi- cian. All levels. Technique and style emphasized. Peter Macfar- lane, 802-759-2268, petermac @gmavt.net. GUITAR: Berklee graduate with classical background offers les- sons in guitar, theory and ear training. Individualized, step-by- step approach. I enjoy teaching all ages/styles/levels. Call Rick Belford at 864-7195. GUITAR INSTRUCTION: Relaxed yet disciplined arena. 20+ years experience. No -pretense environ- ment fosters technique and cre- ativity. Beginners welcome. Refs. avail. 802-877-3624. PIANO AND/OR IMPROVISA- TION: Lessons in theory, harmo- ny and improvisation for all instrumentalists and vocalists. All ages! Beginning through advanced concepts taught with clarity and patience. Questions? Call Shane Hardiman, 279-8859, Winooski. hipkeys@lycos.com. ► legals CITY OF BURLINGTON TRAFFIC REGULATIONS The following traffic regulations are hereby enacted by the Public Works Commission as amend- ments to Appendix C, Motor Vehicles, and the City of Burlington's Code of Ordinances: Sec. 7A. Handicap spaces des- ignated. No person shalt park any vehicle at any time in the following Locations, except automobiles displaying special handicapped License plates issued pursuant to 18 V.S.A. 1325, or any amend- ment or renumbering thereof: (1) through (49) As Written (50) [Reserved] On the west side -1P AI.. k 1AN n, -AA A ... .... :n +hn PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont, on Tuesday, August 3, 2004, at 7:30 P.M. to consider the following: 1. Final plat application #SD-04- 48 of Avalanche Development, LLC to amend a previously approved plat for a planned unit development consisting of an 8904 sq ft building (5304 sq ft medical office and 3600 sq ft general office). The amendment consists of: 1) relocating access drive to be shared with property to the south, 2) adding five (5) parking spaces, and 3) adding delivery sidewalk, 1050 and 1060 Hinesburg Road. 2. Final plat application #SD-04- 50 of University Mall Realty Trust to amend approval #SD-03-70 to expand the shopping center by 1884 sq ft GLA at 155 Dorset Street. The amendment consists of eliminating condition #11 which requires a mutual access easement to the property to the north (University Inn). 3. Final plat application #SD-04- 51 of Homestead Design, Inc., for a planned unit development consisting of: 1) nine (9) 3-unit multi -family dwellings, 2) four- teen (14) 4-unit multi -family dwellings, and 3) one (1) 6-unit multi -family dwelling, 895 Dorset Street. Copies of the applications are available for public inspection at the South Burlington City Hall. John Dinklage, Chairman South Burlington Development Review Board July 14, 2004 PUBLIC NOTICE NOTICE OF ABANDONMENT OF OIL, GAS AND MINERAL LEASE PURSUANT TO 29 V.S.A. §563(g) and (h) Name of Record Owner of Interest: Peter Henderson Oil Company Address Unknown Description of the Land: PARCEL NO. 2: Being all and the same lands and premises conveyed to Clark W. Hinsdale, III, by Warranty Deed of George Reynolds and Merry Lynn V. Reynolds dated December 29, 2003, and recorded at Book 146 Pages 362-363 Charlotte Land Records. PARCEL NO. 3: Being all and the same lands and premises conveyed to Clark W. Hinsdale, III, by Administrator's Deed of James D. Foley, Administrator d.b.n., c.t.a. of the Estate of Daniel C. Palmer, dated January 6, 2004, and recorded at Book 146 Pages 386-388 Charlotte Land Records. Nature of the Interest: PARCEL NO. 1 and PARCEL NO. 2: Oil and Gas Lease from Avery Palmer, Marietta Jane Palmer, H. A. B. Palmer and Mary M. Palmer to Peter Henderson Oil Company dated August 5, 1957, and recorded at Book 27 Page 380 Charlotte Land Records. PARCEL NO. 3: Oil and Gas Lease from Dewey Haight, Della Haight, Howard Haight and Ralph Haight to Peter Henderson Oil Company dated August 7, 1957, and recorded at Book 27 Page 385 Charlotte Land Records. Name and Address of the Person Giving Notice Clark W. Hinsdale, III 173 State Park Road Charlotte, Vermont 05445 It is presumed that the above Oil and Gas Leases are abandoned. Dated at Vergennes, Vermont, this 8th day of July, 2004. Submitted by: Clark W. Hinsdale, III STATE OF VERMONT CHITTENDEN COUNTY, SS. CHITTENDEN SUPERIOR COURT DOCKET NO. SO428-04 CnC Mortgage Electronic Registration's Systems, Inc. (MERS) as nominee for Household Bank, fsb, Plaintiff Bruce A. Wolffing and Mary R. Wolffing, Defendants SUMMONS & ORDER FOR PUB- S Tl• 11TT- Plaintiffs action is a Complaint in Foreclosure which alleges that you have breached the terms of a Promissory Note and Mortgage Deed dated June 6, 2002, which was subsequently assigned to Plaintiff. Plaintiffs action may effect your interest in the prop- erty described in the Land Records of the Town of Hinesburg at Volume 143, Page 197-213. The complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Chittenden, State of Vermont. It appearing from Affidavit duly filed in the above entitled action that service cannot be made with due diligence by any of the methods prescribed in the V.R.C.P. 4(d) through (f) inclu- sive, it is hereby ORDERED that service of the above process shall be made upon defendants, Bruce A. and Mary R. Wolffing by publication pursuant to V.R.C.P. 4(g). This Order shall be pub- lished once a week for three consecutive weeks on 6/30/04, 7/7/04 and 7/14/04 in the Seven Days Newspaper. A copy of this Order shalt be mailed to defendants at their address if their address is known. DATED at Burlington, Vermont this 17 day of June, 2004 STATE OF VERMONT CHITTENDEN COUNTY, ss: In re: J.M., K.M., J.M., and J.M. )Vermont Family Court )Chittenden County )Docket Nos. 425-8-00 Cnjv 433-9-02 Cnjv 431-9-02 Cnjv 432-9-02 Cnjv NOTICE OF HEARING TO: Glenn Martin, Father of J.M., K.M., J.M. and J.M. YOU ARE HEREBY NOTIFIED that the Vermont Department for Children and Families, has filed a petition to terminate your resid- ual parental rights to the minor children, J.M., K.M., J.M. and J.M. A hearing on the petition will be held on July 26, 28 and 29, 2004, at 9:00 a.m. at the Family Court of Vermont, Chittenden County, 32 Cherry Street, Burlington, Vermont. You are notified to appear at this hearing. Failure to appear at this hearing may result in the termi- nation of all parental rights you have to J.M., K.M., J.M. and J.M.. The attorney for the ve.mnnh no.....+...,...+ F... rw:l a..... T` State of Vermont Agency of Transportation 3 F National Life Building Drawer 33 Montpelier, VT 05633-5001 VTtans Working to 6etYouThere September 9, 2004 Russell Barone Avalanche Development, LLC 600 Blair Park Road, Suite 323 Williston, Vt 05495 Subject: So. Burlington, VT116, L.S. 116+16 RT Dear Mr. Barone: We received the site plan showing your proposal to relocate the originally permitted access on VT 116 at the referenced location, a distance of 20' to the south. We also received a copy of the City of South Burlington Development Review Board's August 9, 2004 approval of this plan. This letter amends the above referenced permit and approves of the new location. Please attach this letter to the original permit, dated November 3, 2003, as it will now be considered part of the permanent record. In approving your relocation plan, we also acknowledge that your neighbor, who resides at 1060 Hinesburg Road, has agreed to close off his existing access onto VT 116. Sincerely, C. Allan Wrig Chief of Utilities & Permits Unit Enclosures cc: Dick Hosking, District Transportation Administrator #5 City of South Burlington www.aot.state.vt.us Telecommunications Relay Service 1-800-253-0191 Vermont is an Equal Opportunity Employer { CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 13, 2004 Russell Barone Avalanche Development, LLC c/o Barone Construction, Inc. 600 Blair Park, Suite 323 Williston, VT 05495 Re: Revised Lighting — 1050 Hinesburg Road Dear Mr. Barone: This is in response to your letter of September 5, 2004 regarding a revised lighting plan for the above referenced property. I have reviewed the revised lighting plan entitled "Avalanche Properties Hinesburg Road South Burlington, VT" prepared by O'Leary -Burke Civil Associates, PLC, dated 4/14/03, last revised on 9/3/04. This plan is acceptable and will be included with the last set of approved plans for the development. If you have any questions, please feel free to contact me. Si 1i Administrative Officer AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: rbarone@baroneconstruction.com) Ray Belair South Burlington Administrative Officer 575 Dorset Street South Burlington, VT 05403 September 9, 2004 Ref: Lighting plan amendment to my October 22, 2003 approval for 1050 Hinesburg Road. Dear Ray, I am submitting copies of my revised lighting plan for 1050 Hinesburg Road per your request. As I mentioned in our phone conversation I have moved the first light to the north side of the access drive and turned it to illuminate my upper parking area. I also moved the two lower lights to the east to keep them on my property and provide for an even light distribution over my parking lot. Please review the enclosed plans and give me a call if you have any questions or concerns. Also, I have not yet received a revised final approval for the relocation of my access drive with the corrected lot coverage for the IO district which was revised back to 50% by the City Couny4. Sincerely, Russell Barone Managing Partner, Avalanche Development LLC. CITY OF SOUTH BURLINGTON DEPARTMEN,r OF PLA1 111u'NG & ZONING 575 DORSET STREET SOUTH EuitiLi GTOlr, VER,MONT 05403 (802) 346-4106 FA`� (802) 846-4101 August 9, 2004 Russ Barone Barone Construction 600 Blair Park Road, Suite 305 Williston, VT 05495 Re: Final Plat Application #SD-04-48 Dear Mr. Barone: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on August 3, 2004 (effective 8/9/04). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 90 days (must be recorded by 11/7/04) of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, u � Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BU LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 18, 2004 Russ Barone Barone Construction 600 Blair Park Road, Suite 305 Williston, VT 05495 Re: Minutes Dear Mr. Barone: Enclosed, please find a copy of the minutes from the August 3, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy M Donough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 3 AUGUST 2004 Plat Application #SD-04-49 of Pizzagalli Properties, LLC, as amended. Mr. Kupferman seconded. Motion passed unanimously. � ublic Hearing: Final Plat Application #SD-04-48 of Avalanche Development, LLC, to amend a previously approved plat for a planned unit development consisting of an 8,904 sq. ft. building (5304 sq. ft. medical office and 3600 sq. ft. general office). The amendment consists of. 1) relocating access drive to be shared with property to the south, 2) adding five parking spaces, and 3) adding delivery sidewalk, 1050 and 1060 Hinesburg Road: Mr. Barone said they received approval in October. He indicated they are asking to relocated the access drive to access both properties. Mr. Gravelin said they will be proposing a daycare on their property. Labor & Industry would like to keep the other drive open for handicapped usage. Mr. Kupferman asked about replacement of trees. Mr. Barone said they have met their landscape obligation. The shared access arrangement allows them to add 5 parking spaces which brings them to within 2 of the requirement. The downstairs tenant wants the delivery sidewalk. They will still be under the coverage limit. Ms. Quimby moved to approve Final Plat Application #SD-04-48 of Avalanche Development subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. 7. Public Hearing: Final jPlat Application #SD-04-50 of University Mall Realty Trust to amend approval #SD-03-70 to expand the shopping center by 1884 sq. ft. GLA at 155 Dorset St. The amendment consists of eliminating condition #11 which requires a mutual access easement to the property to the north (University Inn): Mr. Khouri reviewed the history of the request. He indicted they couldn't make the access work from a circulation point of view and because of a tenant issue with Kohls. There is also a safety concern. Mr. Hewitt showed the proposed access point and indicated that it would make interior mom l CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 30, 2004 Russ Barone Barone Construction 600 Blair Park Road, Suite 305 Williston, VT 05495 Re: 105o Hinesburg Road Dear Mr. Barone: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, August 3, 2004 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOIJTII BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Memorandum To: South Burlington Development Review Board From: Brian Robertson, Associate Planner '�i V RE: Avalanche Development, LLC #SD-04-48 Date: July 29, 2004 Agenda #6 Avalanche Development LLC, hereafter referred to as the applicant, is requesting final plat approval to amend a previously approved plat for a planned unit development consisting of an 8,904 sq ft building (5304 sq ft medical office & 3600 sq ft general office). The amendment consists of: 1) relocating access drive to be shared with property to the south, 2) adding five (5) parking spaces, and 3) adding delivery sidewalk, 1050 & 1060 Hinesburg Road. The Development Review Board's most recent review of this property was a final plat hearing on October 22, 2003 (attached). The first part of this application is for approval to relocate the previously approved access drive approximately 20' to the south. The new location of the access drive will be directly over the property boundary between the subject property and the property located at 1035 Hinesburg Road. The width of the access drive, which will serve as a shared access for the two (2) properties, will be split evenly between the two (2) properties. As a result of this approval, the applicant at 1035 Hinesburg Road will remove and abandon his current curb cut onto Hinesburg Road. This will provide a traffic management benefit to the City of South Burlington and will support the Development Review Board's policy of reducing the number of curb -cuts on arterial roads. The relocation of the access drive will decrease the overall coverage at 1050 Hinesburg Road and increase the overall coverage at 1035 Hinesburg Road to 10.27%, both of which are under the 40% maximum for the IO Zoning District. In addition, the front yard coverage at 1050 Hinesburg Road will decrease from 16% to 8% as a result of this relocation. The only problem staff sees with this project is that fourteen (14) evergreen tress will be removed as a result of this project. Some additional plantings around this access drive would be beneficial for these properties. 1. The applicant shall record a shared access easement deed with the property to the south, approved by the City Attorney, prior to recording of the final plat plans. The second part of this application is a request to add five (5) parking spaces, to bring the total number of spaces on the property at 1050 Hinesburg to 37. The minimum required number of parking spaces for this property is 39. During the last final plat approval for this property, the Development Review Board granted the applicant a seven (7) parking space, or 18% parking waiver. The additional five (5) parking spaces will reduce this waiver to two (2) spaces, or 5.1%. The final part of this application is a request to add a new sidewalk to the north side of the approved building. Staff has no concerns with this sidewalk. The new sidewalk and new parking spaces will increase the overall coverage on the property from 39.4% to 39.9%, which is under the 40% maximum for the IO Zoning District. Staff recommends that the Development Review Board approve Final Plat Application #SD-04-48, after consideration of additional landscaping around the relocated access drive. AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: rbarone(obaroneconstruction.com) Ray Belair South Burlington Administrative Officer 575 Dorset Street South Burlington, VT 05403 June 17, 2004 Ref: Site plan amendment to my October 22, 2003 approval for 1050 Hinesburg Road.. Dear Ray, I am submitting an application for an amendment to my October 22, 2003 final approval to construct an 8904sgft commercial building on a 1.21 acre lot known as 1050 Hinesburg Road. The property is located in the IO district and will be served by municipal water and sewer. The amendment is for the relocation of my primary access road off Rt. 116 approximately 20' to the south along with other minor changes. My request comes primarily at the request of Michael Gravelin who owns 1035 Hinesburg Road. Michael suggested relocating the access road to our common property line and sharing in its use. The new location will place the access road 50% on my property (1050 Hinesburg Road) and 50% on the property to the south (1035 Hinesburg Road). Michael has agreed to remove and abandon his current curb cut on Rt.116 if this amendment is approved. I have also added a new sidewalk on the north side of my building to be used as a delivery sidewalk for my first floor tenant and I added 5 additional parking spaces (2 in the upper lot, 1 in the middle lot and 2 in the lower lot). Our total building and lot coverage is now at 39.90% which is below the 50% allowed in the IO district. I have included a copy of an agreement between Avalanche Development LLC and Michael Gravelin for your review. Included are statements that both property owners agree to share equally in the maintenance and upkeep of the shared access drive and upon the DRB approving this amendment easements will be executed for mutual access for the benefit of each other, our successors, assigns, tenants, clients, ect. Upon receiving approval from the DRB I will be forwarding a copy of this amendment along with the City approval to Pete Daye of the Agency of Transportation for his review. I will still need a waiver of the parking requirement as stated in Appendix A of the Zoning Regulations. Zoning regulation 26.256 (b) allows the DRB to reduce the parking requirement by up to 50% and I am only requesting a waiver of 1 spaces or 2.75%. In the staff comments for my sketch plan hearing it is stated that 38 spaces are needed and I now show 37. Please note in my agreement with Michael Gravelin that any traffic issues are to be dealt with by Michael at the time he submits to the DRB for a change to change his use or to expand his building and Michael will be responsible for any added landscaping requirements per our agreement or imposed by the DRB . Ultimately this amendment will have a positive impact for the City as the access road will move further from the intersection with Meadowland Drive and the existing curb cut for 1035 Hinesburg Road will be abandoned and or removed. Per our phone conversation you did not feel this amendment would require a warned public hearing. In so much I would greatly appreciate your assistance in bringing this application before the DRB as soon as humanly possible. We have a tenant and I am ready to begin construction as soon as this application has been acted upon. Please call my office at 878-0226 or my cell phone at 238-6819 if you have any questions or concerns. Sincerely, ` Russell Barone Managing Partner, Avalanche Development LLC. AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road - Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: rbarone@baroneconstruction.com) June 17, 2004 Michael Gravelin 1060 Hinesburg Road South Burlington, VT 05403 Ref: Agreement to relocate access road. Michael, After consulting with my attorney and meeting with my partners it was decide that I should draft a formal agreement for the relocation of our access drive off Rt.116. The following is a list of conditions that we feel need to be agreed upon, in both our best interests, between Avalanche Development LLC and Michael Gravelin to amend our approved site plan with the relocation of our access road. • Avalanche Development LLC plans to further develop its property known as 1050 Hinesburg Road to the fullest extent possible as allowed by the City of South Burlington. Michael Gravelin agrees to account for Avalanche Development LLC's future traffic needs with the City of South Burlington and the State of Vermont as part of this agreement. • The proposed use of the existing home at 1060 Hinesburg Road or any future uses if the building is expanded will not create any undo conflicts with Avalanche Development LLC's property. • The proposed shared access driveway will be equally split along the parties common property line and will only extend 160' to the east before branching off to each parties parking areas. • Michael Gravelin agrees to pay for all engineering, traffic studies, State & Local permitting including but not limited to City of South Burlington, Vtrans and State Water & Wastewater permit amendments along with any landscaping that is required as part of the access road relocation. • The parties will share equally in the cost of constructing and paving of the common access. • The parties agree to adequately insure their respective properties including the shared access. • Michael Gravelin agrees to provide for half of the snow storage form the shares access on his property. • Michael Gravelin agrees to provide and maintain landscape screening of the existing building on his property in a size and quantity to sufficiently screen the building. • The parties agree to share equally in all maintenance and upkeep of the shared access road including but not limited to landscaping, plowing, storm water treatment and general maintenance and upkeep. A maintenance company will be chosen and separate contracts will be executed so that each party is responsible for 50% of the cost of said maintenance and upkeep. It is further agreed that each party shall be solely responsible for any damage to or repairs needed to the access road due to or caused by either party in the course of any construction or maintenance preformed by either party. • The parties will exchange easements for mutual access for the benefit of each other, their successors, assigns, tenants, clients, ect. • Avalanche Development LLC will present the revised site plan reflecting the new shared access road along with a copy of this agreement to the City of South Burlington Development Review Board for their consideration as soon as possible. Michael Gravelin will present his plans for development of his property to the City and State at a later date. Any traffic or development issues arising form either parties development plans will be resolved at their sole expense. • The parties acknowledge that there is NOT to be any shared parking as part of this agreement. • Both parties acknowledge that the shared access as described in this agreement is for the sole purpose of accessing the properties known as 1050 and 1060 Hinesburg Road only and not to access any other properties. • Both parties reserve the right to further develop their properties without opposition from one another although each party retains their rights to participate in the public permitting process. • Avalanche Development LLC reserves the right to further amend the site plan to include parking along the northern side of the shared access road as allowed by the City of South Burlington zoning regulations. • Both parties are responsible for adhering to the conditions of this agreement. In the event that either party is negligent with their obligations as stated in this agreement, causing either party to incur undue expenses or to seek a legal means of resolution, both parties agree that the prevailing party will be reimbursed for all their expenses including but not limited to legal fees, full restitution for monies spent including interest and any other costs that are associated with said action. • This agreement is binding on both parties upon its execution and all shared maintenance and upkeep cost will apply regardless of any future development restrictions. By signing this agodment both parties accept all the conditions as stated above. Agent of Avalanche Development LLC: Michael Gravelin or Authorized agent of A&M Construction Date: G -�e�- �2'9 Date: DEVELOPMENT REVIEW BOARD 21 OCTOBER 2003 The South Burlington Development Review Board held a regular meeting on Tuesday, 21 October 2003, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; L. Kupferman, M. Kupersmith, C. Bolton, G. Quimby, R. Farley, M. Boucher Also Present: R Belair, Administrative Officer; B. Robertson, Associate Planner; R. Barone, S Chase, J. Ely, G. Westgate, B. Maris, W. Adams 1. Other Business: No issues were raised. 2. Continued Public Hearing: Final Plat Application #SD-03-02 of JAM Golf, LLC, to amend a planned unit development consisting of 264 residential units and an 18-hole golf course. The amendment consists of approval for "as built" berms located on the east side of Dorset St. beginning at the Old Cross Road intersection extending north through the Holbrook Rd. intersection: Mr. Belair advised that the applicant is waiting for a wetlands report. They have a meeting with the Natural Resources Committee on 6 November and should be re- scheduled for a meeting after that. Mr. Boucher moved to continue Final Plat Application #SD-03-02 to 18 November 2003. Ms. Quimby seconded. Motion passed unanimously. 3. Continued Public Hearing: Preliminary Plat Application #SD-03-62 and ` Final Plat Application #SD-03-63 of Avalanche Development, LLC, for a planned unit development on a 1.21 acre parcel consisting of constructing an 8904 sq. ft. building to include a 5304 sq. ft. of medical office use and 3600 sq. ft. of general office use, 1050 Hinesburg Rd: Mr. Barone reviewed changes since the last hearing. He showed the location of handicapped parking and light shield specs. No light will go onto the neighboring property. Mr. Barone noted they have a survey plat stamped by an engineer. They also have a statement of clear title to the property. Mr. Belair asked about screening of the dumpster. Mr. Barone said it will have a stockade fence and plantings. -1- l DEVELOPMENT REVIEW BOARD 21 OCTOBER 2003 Mr. Dinklage asked if the applicant will commit to build what has been presented. Mr. Barone so committed. He also noted that the highest point will be 32 ft. 4-1/8 inches. Mr. Dinklage asked if Mr. Barone is comfortable that he will be able to work out language for the granting of an access. Mr. Barone said he was sure it could be done. Mr. Dinklage stressed that the applicant will not be penalized in terms of lot coverage because of this easement. Mr. Belair noted 3 red pines that appear to be in the ditch and asked if they will remain. Mr. Barone said that would be hard to do. He felt they would die after the work was done. Mr. Belair said there should be a note indicating they will be removed. Mr. Barone then showed how the neighbor's house will be shielded from headlights. The neighbor is satisfied with this. Ms. Quimby asked about requests from the Fire Chief. Mr. Barone said they will comply. Ms. Quimby asked if the building will be sprinklered. Mr. Barone said Labor & Industry doesn't see a need. Ms. Quimby said the Fire Chief says if they are not sprinklered he wants a 4th access. Mr. Dinklage noted that stipulation #7 requires compliance with the Fire Chief s requests. The motion was amended to indicate that the plan shall be revised to include a note that 3 red pines located at the southwest corner are to be removed or saved, if possible. Mr. Boucher moved to approve Preliminary Plat #SD-03-62 and Final Plat #SD-03-63 subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. 4. Continued Public Hearing: Final Plat Application #SD-03-52 of Farwater, Ltd., to amend a previously approved planned unit development consisting of: 1) 85 residential units in four buildings, and 2) 88 units of congregate housing in two buildings. The amendment consists of constructing 36 additional units of congregate housing in a third building, 325-327 Lime Kiln Road: Mr. Chase said he was OK with staff comments. He noted they have added stair and sidewalk connections between the 2 buildings. He is also proposing to cover some of the parking with carports. Mr. Belair was OK with this. Mr. Dinklage asked the applicant to indicate the connections between buildings. He asked about a covered access to the building with the pool. Mr. Chase said he wasn't opposed to covering the staircase. Mr. Dinklage said he felt the Board dropped the ball by not requiring a connection between the buildings. Mr. Belair said staff suggested it -2- CITY OF SOUTH BURLINGTOIN DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 14, 2004 Mike Gravelin 106o Hinesburg Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. 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 schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. Permit Number SD - CITY OF OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW 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. 1) OWNER OF RECORD (Name as shown on deed, mailiaddress, phone and fax #) LI..0 boo ;T/,/jil A; FrJ A'a 2) LOCATION OF LAST RECORDED DEED (Book and page #) VOL & y7 poi EZ w 3) APPLICANT (Name mailing address, phone and fax #) r1 �C OuA 4) CONTACT PERSON (Name, mailing address, phone and fax #) 5) PROJECT STREET ADDRESS 6) TAX PARCEL ID # (can be obtained at Assessor's Office) bli&i9 —yl Q 0 7) DETAILED PROJECT DESCRIPTION a) Existing uses on description and size of e4ch separate use) b) Proposed uses on property (include description and size of each new use and existing uses to main) J Z Ud lc c) Total building sgtgaare footage on property (proposed buildings and existing buildings to remain) fi�# r,lln h,i 1.1 d . L,rn,n M/ /d /J. J In -;� d) Height of building & number of floors if basement and mezzanine) A l/h-,( Gcn buildings and existing buildings to remain, specify e) Number of residential units (if applicable, new units and existing units to remain) A f) Number of employees) company vehicles (existing and proposed, note office versus non -office g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) h) List any changes to the subdivision, such as S) WETLAND INFORMATION lines, number of units, lot mergers, etc. a) Are there any wetlands (Class 1, II, or III) on the subject property? b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: /. oZ / a elu_ b) Building Coverage: Existing 3 0A1 square feet /6,0 % Proposed square feet _ 1 % c) Overall Coverage (building, parking, outside storage, etc): Existing square feet( % Proposed :'/ _ 100 square feet 4. z6b, % 2 d) Front Yard Coverage(s) (commercial projects only): Existing -� 6 square feet 16, % Proposed �_ square feet ?— % 10) WAIVERS REQUESTED Ge, U.9,itI 3.N4 o Uvc✓Lc l l Cv � - " S- � `"� a�" C a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, L �� height, parking, etc.) that the applicant is seeking Ql LL L&6t�ut OVli 9(�.f.�av>u 4a� - 11) COST ESTIMATES a) Building (including interior renovations) $ b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ /✓� c) Other site improvements (please list with cost) A114. ` Z D lih� ✓l�tGe i (, le)(a- 12) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) t %0 b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 13) PEAK HOURS OF OPERATION 1,a — 9 m . 14) PEAK DAYS OF OPERATION On — Sil 15) ESTIMATED PROJECT COMPLETION DATE v o20a� 16) 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 (1 1" x 17") 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). 3 I hereby certify that ail the ig and is accurate to the best of DATE OF SUBMISSION: requested as part of this application has been submitted ATURE OF APPLI SIGNATURE OF PROPERTY Do notwrite below this line I have reviewed this preliminary plat application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date 4 EXHIBIT A The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). o Name, license number, seal, and contact number of licensed land surveyor & date prepared. o Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names). o Five foot contours (existing and finished). o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. o Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. o Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. o Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). o Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria in 15.18 of the Land Development Regulations. o Proposed landscaping schedule (number, variety and size). o Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number & location of parking spaces (see Section 13.01 of the Land Development Regulations). o Number & location of handicapped spaces (see Section 13.01(1) of the Land Development Regulations). o Lot coverage information: Building coverage, overall coverage, front yard coverage(s), and total lot size. o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE ❑ Final Plat, Minor Subdivision $ 260.00* Xma 'al Plat, Major Subdivision or PUD $ 510.00* l Plat Amendment $ 160.00* *Includes $10.00 recording fee 19 { July 2, 2004 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Irrevocable Standby Letter of Credit #0112725247 Avalanche Development, LLC 600 Blair Park Road, Suite 323 Williston, VT 05495 Dear Beneficiary: We hereby establish our Irrevocable Standby Letter of Credit #0112725247 in favor of City of South Burlington for the account of Avalanche Development, LLC up to an aggregate amount of $10,000.00 available by your draft or drafts on us at sight accompanied by: 1.) the original Letter of Credit and all amendments, if any, 2.) a written statement signed by an authorized officer of City of South Burlington that these funds are due you under the terms of your agreement with Avalanche Development, LLC , accompanied by 3.) a current secretary certificate or resolution from City of South Burlington that the officer is authorized to sign on behalf of City of South Burlington. If your demand represents a partial drawing hereunder, we will endorse the original credit and return same to you for possible future claims. If, however, your demand represents a full drawing, or if such drawing is presented on the day of the relevant expiration date hereof, we will hold the original for our files and remove same from circulation. Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com mod/ All drafts must be marked under Letter of Credit 40112725247. We engage with you that all drafts drawn under and in compliance with the terms and conditions of this credit will be duly honored on delivery of documents as specified if presented at this office on or before 06-30-07. Except so far as otherwise expressly stated, this credit is subject to the "International Standby Practices ISP 98 (1998 Revision), International Chamber of Commerce Publication #590" Very truly yours, Donna Lemaire Assistant Vice President Two Burlington Square P.O. Box 820 Burlington, Vermont 05402 802-658-4000 www.chittenden.com THIS AGREEMENT,' exe uteri i t pli ate etween of hereinafter r ferr d to as' "DEVELOPER , of c ,rh reinafter referred to a " Bank", and r r , hereinafter referred to as "MUNICIPALITY". W I T N E S S E T H: WHEREAS, Developer has received site plan approval from the MUNICIPALITY'S Plannin Co issiZlef� the development of property located at, as depecited on a site plan entitled a ", dated -- , and. prepared by WHEREAS, DEVELOPER is required by said approval, at its own expense, to complete the construction of the development site in accordance with the plan approved by the Planning Commission; and WHEREAS, the parties to this ,Agreement wish to establish a mechanism to secure the obligations of the DEVELOPER for the work as set forth above; and WHEREAS, the BANK executes this Agreement solely in the capacity of issuer of a Letter of Credit hereinafter specified; NOW, THEREFORE, the parties hereby covenant and agree as follows: 1. DEVELOPER will, at its own expense, complete the following construction as depicted and in accordance with the specifications set forth in said site plan and related documents: I I 2. The Developer sha comp eta the improvements set forth in Paragraph 1 no later than Jr-��A 3. DEVELOPER shall replace or repair any defective or improper work or materials which may be recognized within one year after completion of the improvements set forth in Paragraph 1. 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. 4. For the guarantee of DEVELOPER's performance of all requirements hereunder set forth, DEVELOPER has caused the BANK to issue its Irrevocable Letter of Credit in favor of the MUNICIPALITY, the original of which is attached to the MUNICIPALITY's copy of this Agreement, and a copy of which is attached to the DEVELOPER's copy of this Agreement. During the term of this Agreement, DEVELOPER shall cause the attached Letter of Credit to be renewed at least thirty (30) days before the maturity date thereof. Failure of DEVELOPER to deliver evidence of such renewal to MUNICIPALITY thirty (30) days prior to the date of expiration of said Letter of Credit shall constitute a default of the terms of this Agreement. 5. Said Irrevocable Letter of Credit provides that the drafts drawn under said credit, must be accompanied by a written statement signed by a duly authorized agent of the MUNICIPALITY, that in the judgement of the MUNICIPALITY, the DEVELOPER is in default under the terms of this Agreement, and that the funds to be drawn by the draft are in payment for, or in anticipation of payment for materials, labor and services required for completion of the improvements identified in Paragraph 1. Payment of each draft will be made at sight when presented to the BANK by the MUNICIPALITY, the payment limited only by the aggregate amounts presented in relationship to the maximum amount of the Letter of Credit. If DEVELOPER shall be in default of the Agreement for seven (7) days because of its failure to provide evidence of renewal of the Letter of Credit, required in paragraph 4 above, the MUNICIPALITY shall notify DEVELOPER by certified mail of said default. DEVELOPER shall then within three (3) business days provide MUNICIPALITY with evidence of said renewal of Letter of Credit or MUNICIPALITY may notify BANK of such default and request payment under said Letter of Credit. 6. The DEYELOPER and MUNICIPALITY hereby agree that the sum Of > ) shall be sufficient to secure DEVELOP 's obligatio s under this Agreement but shall not relieve DEVELOPER from the obligation to pay any additional costs, if actual costs exceed the above -stated cost. 7. The MUNICIPALITY will promptly submit to the DEVELOPER a copy of any draft it submits to 'the BANK. The consent of the DEVELOPER to payment of said draft by BANK to the MUNICIPALITY under said Letter of Credit shall not be required. __ 2 8. The MUNICIPALITY shall not file with the BANK a Statement of Default until ten (10) days after notice has been sent to the DEVELOPER, by certified mail, setting forth its intention to do so. 9. All funds drawn on the BANK by the MUNICIPALITY pursuant to the Letter of Credit shall be used solely by the MUNICIPALITY for the purpose of completing construction of the improvements identified in Paragraph 1. Any work contracted for by the MUNICIPALITY pursuant hereto shall be let on a contractual basis, or on a time and material basis, or shall be performed by the MUNICIPALITY's own work force and equipment, or shall be accomplished in such other manner as in the judgement of the MUNICIPALITY shall accomplish the work more expeditiously and economically. 10. If payments are drawn on the BANK by the MUNICIPALITY pursuant to said Letter of Credit, and it shall later develop that a portion of the monies drawn are in excess of the MUNICIPALITY'S needs, any such excess amount shall be refunded by the MUNICIPALITY to the BANK, to be credited by said BANK to the DEVELOPER. 11. This Agreement and said Letter of Credit shall terminate and shall be of no force and effect upon completion of the one year warranty period as described in the above Paragraph 3. If the MUNICIPALITY has not delivered any written notice to the DEVELOPER of any defective or improper work or materials in the construction of the improvements within the twelve (12) month period, or if notice has been given and the defective work or materials have been corrected by the DEVELOPER, the MUNICIPALITY shall forthwith notify the BANK in writing that the Letter of Credit may be canceled, and shall return the original Letter of Credit to the BANK, and both the DEVELOPER and the BANK shall be released from all obligations hereunder and under said Letter of Credit. 12. The BANK may not modify the Letter of Credit without first receiving written consent of the MUNICIPALITY. 13. DEVELOPER hereby agrees to indemnify and hold BANK harmless from all claims, causes of action or liability of any kind arising out of this Agreement or the issuance by BANK of this Letter of Credit, including attorney's fees, as long as BANK follows the terms and conditions outlined in said Letter of Credit. 14 This Agreement shall be binding on all parties hereto and their respective heirs, executors, administrators, successors and assigns. 3 .S Dated at 50, clA v.io� , Vermont, this day of this day of 7l (—&, 1 , 201"-)LH IN Tr PRESENCE OF: fne, Duly Authorized Agent (DEVELOPER) Dated at , Vermont, this day of this day of v Lo , 20 0q IN THE PRESENCE OF: By: A (BANK) C V Dated at 6- &&L�6 6 , Vermont, this day of this day of �� C v / ! , 20 — IN T RESENCE OF: i By: — c 0 .1 Duly Autho zed Agent (MUNICIPALITY) G. NICK & MADDOCKS ATTORNEYS AT LAW P. O. BOX 8502 ESSEX,VERMONT 05451-8502 °- Alj6� ��p M1M1yy Loll. 6 d el , a o1,� 9, IRREVOCABLE OFFER OF DEDICATION ,�Lv . - 1, ' cable offer of dedication is by and between AVALANCHE >�W" 6PMENT, LLC, a Vermont Corporation with a place of business in Williston, Vermont (the "Applicant") and the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and the State of Vermont (the "City"). WITNESSETH WHEREAS, Avalanche Development, LLC, ("Applicant" herein) received approval from the South Burlington Development Review Board by written decision dated October 22, 2003 for: constructing a 8,904 square foot office building on property commonly known and designated as 1050 Hinesburg Road, located in the City of South Burlington ("Applicant's property"), as depicted on a plan, entitled, "Avalanche Properties, Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated August 21, 2003, last revised Oct be_r 22 2003; and recorded in the City of South Burlington Land Records at Map Slide. r WHEREAS, The City's approval of the above referenced project is subject to the following condition: in accordance with the Applicant's offer, Applicant shall execute and deliver to the City an Offer of Irrevocable Dedication and an accompanying deed conveying the following: (i) a deed of easement for the twenty foot (20') recreational path as depicted on the aforementioned survey; and WHEREAS, the above described easement is to be conveyed to the City, pursuant to the final approval of the aforementioned plat, subject to the restrictions conveyed in the deed of easement, and WHEREAS, the Applicant has delivered a deed for the aforementioned right of way and easement. NOW, THEREFORE In consideration of the Development Review Board's final approval, and further consideration of the sum of ten dollars paid to the City by the Applicant, and for other good and valuable consideration, it is covenanted and agreed as follows: 1) The Applicant herewith delivers a Deed of Easement, a copy of which is set forth as Exhibit A, attached hereto , said delivery constituting a formal offer of Irrevocable Dedication to be held by the City until the acceptance of the Deed of Easement by the City Counsel. 2) The applicant agrees that this offer of irrevocable dedication is irrevocable and that the deed may be accepted by the City at any time, subject to the limitation that the City of South Burlington must wait until the Applicant receives and records a deed for the lands depicted on the survey. MCK & MADDOCKS ATTORNEYS AT LAW R O. BOX 8502 ESSEX, VERMONT 05451-8502 3) The granting of the final approval of the Plat and the execution of this offer of Irrevocable offer of dedication and the deed of easement shall impose no obligation on the Applicant to construct or maintain the recreational path that is the subject of the deed of easement. Further, the installation of the city's recreational path shall not impact the Applicant's property with regard to tax assessment, lot coverage and other relevant dimensional standards. 4) This Irrevocable Offer of Dedication shall run with the land and be binding upon the Owner of the subject parcel, its successors and assigns. �1+ DATED at South Burlington, Vermont, this the ?J day of Janus, 2004 Cam...._.._._._ AVALANCHE DEVELOPMENT, LLC witness r_.. my Authorized Agent, Russ Barone STATE OF VERMONT CHITTENDEN COUNTY, SS ('A At �' S T�' -� , in said county, this the day of January, 2004, personally appeared Russ Barone, and he acknowledged instrument, by him sealed and subscribed, to be his free act and deed and the Tree act and,geed of AVALANC1� DEVELOPMENT, LLC.��, Before me, ,,� Accepted by the City of South Burlington tfiis the day oi``January, 2004. THE CITY OF SOUTH BURLINGTON By: duly authorized agent STATE OF VERMONT CHITTENDEN COUNTY, SS ey At n said county, this th day of January, 2004, personally appeared , duly authorized agent for the City of South Burlington, and he acknowledged instrument, by him sealed an 'bed, to be his free act and deed and the free act and deed of the City of South B f' 'ngton. B re , kO My comet' n expires: 2 / -9-{ Notary b is VICK & MADDOCKS ;ATTORNEYS AT LAW P. O. BOY. 8502 ESSEX, VERMONT 05451-8502 DEED OF EASEMENT FOR RECREATION PATH KNOW ALL PERSONS BY THESE PRESENTS THAT, AVALANCHE DEVELOPMENT, LLC, a Vermont corporation organized pursuant to the laws of the State of Vermont, located in the Town of Williston, County of Chittenden and State of Vermont, Grantor, in the consideration of TEN AND MORE Dollars paid to our full satisfaction by the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden, and State of Vermont, Grantee, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, the CITY OF SOUTH BURLINGTON, its successors and assigns forever, perpetual easements and rights -of -way, for the purpose of constructing and maintaining a recreational pathway for public use over, on and through property in the City of South Burlington, County of Chittenden, and State of Vermont, described as follows, viz: Being a portion of the lands and premises that were conveyed to Grantor by Warranty Deed of Linus Wiles and Sue V. Wiles dated November 25, 2003 and of record in Volume at Page in the City of South Burlington land records, more particularly described as follows, Being a twenty foot (20') wide easement and the right to construct and maintain, at the City of South Burlington's sole expense, within the easement area, a recreational path, across the lands of the Grantor. The location of the recreational path easement shall be as depicted on a plan, entitled, "Avalanche Properties, Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated August 21, 2003, last revised October 22, 2003; recorded in the City of South Burlington land records at Map Slide For purposes of construction, a temporary easement and right-of-way extending five feet (5') on each side -of -way is hereby granted. Said temporary easement and right-of-way shall expire once construction is completed and the recreational pathway is open to the public. Said easements and rights -of -way shall be used by the public as a recreational and bicycle pathway subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of maintaining or patrolling the pathway. Grantee, its successors and assigns shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and pave said recreational pathway, including the right to install, maintain, repair, and replace all necessary bridges, culverts, cuts, curbs, and ramps, at its sole cost, expense, and risk. By its recording of this deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of this easement and right-of-way disturbed or affected by Grantee's exercise of the rights granted it hereunder, shall be restored to their condition prior to such entry at Grantee's own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right-of-way not attributable to acts of the Grantor. Grantee, by the recording of this easement deed, acknowledges that this easement has been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor shall receive the full benefit and protection of Title 19 V.S.A. Section 2309. Grantor, its successors and assigns, shall have the right to make use of the surface of so much of its property as is encumbered hereby, such as shall not be inconsistent with the use of said rights -of -way, but specifically shall place no structures, landscaping or other improvements with said easement areas which shall prevent or interfere with the Grantor's ability to use said easements and rights -of -way. Reference is hereby made to the above -mentioned plan and deed and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, the CITY OF SOUTH BURLINGTON, its successors and assigns, to their own use and behoof forever; and the said Grantor, AVALANCHE DEVELOPMENT, LLC, for itself and its successors, assigns and administrators, do covenant with the said Grantee, the CITY OF SOUTH BURLINGTON, its successors and assigns forever, that until the ensealing of these presents it is the sole owner of VICK Z MADDOCKs the premises, and has good right and title to convey the same in manner aforesaid, that it is ATTORNEYS AT LAW P. O. BOX 8502 ESSEX, VERMONT 05451-8502 FREE FROM EVERY ENCUMBRANCE: except as aforesaid; and it, hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, AVALANCHE DEVELOPMENT, LLC., hereunto set its hand and seal this IN PRESENCE OF: day of January, 2004. Witness STATE OF VERMONT ) COUNTY OF CHITTENDEN, ss. ) AVALANCHE DEVELOPMENT, LLC Duly Authorized Agent, Russ Barone At , Vermont this day of January, 2004, RUSS BARONE, Duly Authorized Agent of Avalanche Development, LLC, 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 Avalanche Development, LLC. Before me Notary Public My Commission Expires: 02/10/07 NICK & MADDOCKS ATTORNEYS AT LAW R O. BOX 8502 ESSEX, VERMONT 05451-8502 NOTICE OF CONDITION OF SITE PLAN APPROVAL ,.,$,'WKereas, Avalanche Development, LLC, ("Applicant" herein) received approval from the South Burlington Development Review Board by written decision dated October 22, 2003 for: constructing a 8,904 square foot office building on property commonly known and designated as 1050 Hinesburg Road, located in the City of South Burlington ("Applicant's property"), as depicted on a plan, entitled, "Avalanche Properties, Hinesburg Road, South Burlington, Vermont, Site Plan," prepared by O'Leary -Burke Civil Associates, PLC, dated August 21, 2003, last revised October 22, 2003; and Whereas, the South Burlington Development Review Board granted said site plan approval subject to certain conditions as set forth in the final approval motion; Now Therefore, the Applicant hereby gives notice that the lands shown on the above - referenced plan are subject to the following conditions and restrictions which shall run with the land and be binding upon the Applicant's Property, unless and until modified or removed by the South Burlington Development Review Board or it's successor: 1. Applicant agrees to grant the owner of property adjacent to and to the south of Applicant's property an inter -parking lot easement for access, vehicular and pedestrian, onto the Applicant's property, twenty-four feet in width, said access to be located on the southern boundary of the Applicant's property, as close as is reasonably practicable to the Applicant's easternmost parking lot. The final location of the easement must be mutually acceptable to the Applicant, the owner of the southerly, adjacent parcel, and to the City of South Burlington Development Review Board. The owner of the parcel to the south and adjacent to the Applicant's property shall be required to construct those improvements on the Applicant's fVICK & MADDOCKS ATTORNEYS AT LAW property which are necessary to accommodate said access, at their sole expense and the owner of P. O. BOX 8502 ESSEX, VERMONT 05451-8502 the southerly parcel shall bear the sole expense of maintaining and improving said access as may be required by the Applicant or the City of South Burlington Development Review Board. 2. Applicant's obligation to grant an inter -parking lot access easement to the owner of the southerly, adjacent parcel is conditioned on the following: a. The owner of the southerly, adjacent parcel must grant reciprocal easement rights for access between the parking lots on the parcels. b. The owner of the southerly, adjacent parcel must agree to make those improvements necessary to accommodate mutual parking lot access easements, as determined by the City of South Burlington Development Review Board, at their sole expense. c. The owner of the southerly, adjacent parcel will be responsible for obtaining his own curb cut onto Hinesburg Road, as approved by the City of South Burlington Development Review Board and the State of Vermont Department of Transportation. This parking lot access easement is for the sole purpose of providing access between the parking lots on the Applicant's property and any parking lot on the southerly adjacent parcel and is not for the purpose of providing the access from Vermont Route 116, through the Applicant's property, to the southerly adjacent parcel. 3. This Notice of Condition shall be recorded in the City of South Burlington land records and shall be referred to in any deed conveying the property or any interest in the property. 4. This Notice of Condition shall be binding upon the Applicant and the Applicant's successors and assigns. 5. This Notice of Condition is made with the understanding that providing the mutual parking lot access easement will not penalize Avalanche Development, LLC with regard to lot NICK & MADDOCKS ATTORNEYS AT LAW coverage and other relevant dimensional standards in the development of the parcel located at P. O. BOX 8502 ESSEX, VERMONT 05451-8502 C NICK 2u MI ADDOCKS ATTORNEYS AT LAW R. O. BOX 8502 ESSEX, VERMONT 05451-8502 1050 Hinesburg Road. Further, development and maintenance of a twenty foot (20') recreational path, to be dedicated to the City of South Burlington, shall be at the City's sole expense, and shall not impact the Applicant's property with regard to tax assessment, lot coverage and other relevant dimensional standards. DATED at South Burlington, Vermont, this the ,� day of Jyluary, , 2004 witness , STATE OF VERMONT CHITTENDEN COUNTY, SS AVALAN ,LLC Authorized Agent, Russ Barone At �'.{ '1,L (,r,,G'�+, , in said county, this the r° `J day of January, 2004, personally appeared Russ Barone, and he acknowledged instrument, by him sealed and subscribed, to be his free act and deed and the free act and deed of AVALANCHE DEVELOPMENT, LLC. x T State of Vermont *+ WASTEWATER SYSTEM and POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective August 16, 2002 Case Number: WW-4-1981 PIN: EJ03-00297 Landowner: Avalanche Development, LLC. (Russell Barone, Acting Partner) Address: 600 Blair Park Road Suite # 323 Williston, Vermont 05495 This project, consists of constructing a 8,904 square foot commercial building {Office (15 employees) / Medical Building (8 employees and 30 patients per day)} on a 1.21 acre pre existing parcel, utilizing municipal water and sewer services. The proj ect is located off Hinesburg Road, in the City of South Burlington, Vermont, and is hereby approved under the requirements ofthe regulations named above, subject to the following conditions. This permit does not constitute approval under Act 250. 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 ofLabor and Industry - phone (802) 828-2106 or (802) 658-2199, the Vermont Department of Health - phone (802) 863-7220, and local officials prior to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by O'Leary - Burke Civil Associates, PLC, which have been stamped "approved" by the Wastewater Management Division. Job # 3030; "Avalanche Properties"; Site Plan; Plan Sheet 9. 1; Dated 4/14/03; Last revised 9/26/03; Typicals, Details & Specifications; Plan Sheet # 4; Dated 8/21/03. 3. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 4. 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 Division of Wastewater Management. 5. Each prospective purchaser of the lot shall be shown a copy of the approved plans and this Permit prior to conveyance of the lot. Wastewater System and Potable Water Supply Permit WW-4-1981 Page 2 6. By acceptance of this permit, the permittee agrees to allow representatives ofthe 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. 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. 8. 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. 9. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. WATER SUPPLY 10. The prof ect is approved for water supply by connection to the municipal water system as depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 11. The project is approved for wastewater disposal by connection to the Airport Parkway municipal wastewater system as depicted on the approved plans. The project is approved for a maximum of 644 gallons of wastewater per day. 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. Wastewater System and Potable Water Supply Permit WW-4-1981 Page 3 20. No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater delivery system until the secretary receives a statement from an installer or a licensed designer certifying that in the exercise ofhis or her reasonable professionaliudgment, the installation - related information submitted is true and correct and the potable water supply and wastewater delivery system were installed in accordance with the permitted design and all permit conditions, were inspected, were properly tested, and have successfully met those performance tests." Dated at Essex Junction, Vermont this 24th day of November, 2003. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By illiam E. Z biloski Assistant Regional Engineer South Burlington Planning Commission & Selectboard Water Supply Division O'Leary - Burke Civil Associates DEVELOPMENT REVIEW BOARD 21 OCTOBER 2003 The South Burlington Development Review Board held a regular meeting on Tuesday, 21 October 2003, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; L. Kupferman, M. Kupersmith, C. Bolton, G. Quimby, R. Farley, M. Boucher Also Present: R Belair, Administrative Officer; B. Robertson, Associate Planner; R. Barone, S Chase, J. Ely, G. Westgate, B. Maris, W. Adams 1. Other Business: No issues were raised. 2. Continued Public Hearing: Final Plat Application #SD-03-02 of JAM Golf, LLC, to amend a planned unit development consisting of 264 residential units and an 18-hole golf course. The amendment consists of approval for "as built" berms located on the east side of Dorset St, beginning at the Old Cross Road 'intersection extending north through the Holbrook Rd. intersection Mr. Belair advised that the applicant is waiting for a wetlands report. They have a meeting with the Natural Resources Committee on 6 November and should be re- scheduled for a meeting after that. Mr. Boucher moved to continue Final Plat Application #SD-03-02 to 18 November 2003. Ms. Quimby seconded. Motion passed unanimously. 3. Continued Public Hearing: Preliminary Plat Application #SD-03-62 and Final Plat Application #SD-03-63 of Avalanche Development, LLC, for a planned unit development on a 1.21 acre parcel consisting of constructing an 8904 sq. ft. building to include a 5304 sq. ft. of medical office use and 3600 sq. ft. of general office use, 1050 Hinesburg Rd: Mr. Barone reviewed changes since the last hearing. He showed the location of handicapped parking and light shield specs. No light will go onto the neighboring property. Mr. Barone noted they have a survey plat stamped by an engineer. They also have a statement of clear title to the property. Mr. Belair asked about screening of the dumpster. Mr. Barone said it will have a stockade fence and plantings. -1- DEVELOPMENT REVIEW BOARD 21 OCTOBER 2003 Mr. Dinklage asked if the applicant will commit to build what has been presented. Mr. Barone so committed. He also noted that the highest point will be 32 ft. 4-1/8 inches. Mr. Dinklage asked if Mr. Barone is comfortable that he will be able to work out language for the granting of an access. Mr. Barone said he was sure it could be done. Mr. Dinklage stressed that the applicant will not be penalized in terms of lot coverage because of this easement. Mr. Belair noted 3 red pines that appear to be in the ditch and asked if they will remain. Mr. Barone said that would be hard to do. He felt they would die after the work was done. Mr. Belair said there should be a note indicating they will be removed. Mr. Barone then showed how the neighbor's house will be shielded from headlights. The neighbor is satisfied with this. Ms. Quimby asked about requests from the Fire Chief. Mr. Barone said they will comply. Ms. Quimby asked if the building will be sprinklered. Mr. Barone said Labor & Industry doesn't see a need. Ms. Quimby said the Fire Chief says if they are not sprinklered he wants a 4th access. Mr. Dinklage noted that stipulation #7 requires compliance with the Fire Chiefs requests. The motion was amended to indicate that the plan shall be revised to include a note that 3 red pines located at the southwest corner are to be removed or saved, if possible. Mr. Boucher moved to approve Preliminary Plat #SD-03-62 and Final Plat #SD-03-63 subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. 4. Continued Public Hearing: Final Plat Application #SD-03-52 of Farwater, Ltd., to amend a previously approved planned unit development consisting of: 1) 85 residential units in four buildings, and 2) 88 units of congregate housing in two buildings. The amendment consists of constructing 36 additional units of congregate housing in a third building, 325-327 Lime Kiln Road: Mr. Chase said he was OK with staff comments. He noted they have added stair and sidewalk connections between the 2 buildings. He is also proposing to cover some of the parking with carports. Mr. Belair was OK with this. Mr. Dinklage asked the applicant to indicate the connections between buildings.. He asked about a covered access to the building with the pool. Mr. Chase said he wasn't opposed to covering the staircase. Mr. Dinklage said he felt the Board dropped the ball by not requiring a connection between the buildings. Mr. Belair said staff suggested it -2- CITY OF * O DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 23, 2003 Russ Barone 600 Blair Park Road Suite 323 Williston, VT 05495 Re: Final Subdivision Plat Application #SD-03-63 Dear Mr. Barone: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 10/21/03 (effective 10/22/03). Please note the conditions, including that the final plat shall be recorded in the land records within 90 days of this decision, or the approval is null and void. If you have any questions, please contact me. Sincerely, Brian Robertson, Associate Planner Encl. ATTORNEY'S REPORT AND OPINION ON TITLE RECORD OWNER: Linus Wiles and Sue V. Wiles PROPERTY ADDRESS: 1050 Hinesburg Road, South Burlington PROPERTY DESCRIPTION: Being all and the same lands and premises conveyed to Linus Wiles and Sue V. Wiles by QuitClaim Deed of William E. Mikell dated May 9, 1966, and recorded in Volume 74, Page 128 of the City of South Burlington Land Records as more particularly described as follows: A parcel of land located on the easterly side of Hinesburg Road, having a frontage on said Hinesburg Road and a uniform width of one hundred and twenty-five (125) feet and a uniform depth of one hundred and seventy-eight (178) feet. Being all and the same lands and premises conveyed to William E. Mikell by Warranty Deed of Linus Wiles and Sue Vosburgh Wiles dated May 9, 1966, and recorded in Volume 78, Page 386 of the City of South Burlington Land Records. Being also all and the same lands and premises conveyed to Sue A. Vosburgh (now Sue Vosburgh Wiles) by Warranty Deed of Malcom P. Vosburg and Florence M. Vosburgh dated March 16, 1962, and recorded in Volume 61, Page 145 of the City of South Burlington Land Records. Being all and the same lands and premises further conveyed to Linus Wiles and Sue V. Wiles by Warranty Deed of Malcom P. Vosburgh and Florence M. Vosburgh dated June 325, 1965, and recorded in Volume 73, Page 352 of the City of South Burlington Land Records, as more particularly described as follows: A vacant lot of land bounded as follows: Beginning at a point in the northerly boundary of the farm of Malcom P. Vosburgh and Florence M. Vosburgh which point is the northeasterly corner of premises conveyed by Malcom P. Vosburgh and Florence M. Vosburgh to Sue A. Vosburgh by Warranty Deed dated March 16, 1962, of record in Volume 61, Page 145 of the Land Records of the City of South Burlington; thence proceeding in an easterly direction in a course which is at right angles to the easterly sideline of Hinesburg Road for a distance of two hundred forty-five (245) feet, more or less, to a fence which is in the division line between the farm of Malcom P. Vosburgh and Florence M. Vosburgh and the farm of M. Keith Wright; thence deflecting to the right and proceeding southerly along the division line aforesaid for a distance of one hundred twenty-five (125) feet, more or less, to the northeasterly corner of the homestead premises of Richard A. and Ann Vosburgh Painter as the same were enlarged by virtue of a Warranty Deed from Malcom P. Vosburgh and Florence M. Vosburgh to Richard A. and Ann Vosburgh Painter of even date herewith of record in Volume 73, Page 351 of the Land Records of the City of South Burlington; thence deflecting to the right and proceeding westerly along the northerly boundary of said homestead premises of Richard A. and Ann Vosburgh Painter and at right angles to the easterly sideline of Hinesburg Road for a distance of two hundred forty-five (245) feet, more or less, to a point which is the southeasterly corner of the premises of Sue Vosburgh Wiles, above referred to; thence deflecting to the right and proceeding northerly parallel with the easterly sideline of Hinesburg Road and along the easterly sideline of said premises of Sue Vosburgh Wiles for a distance of one hundred twenty- five (125) feet, more or less, to the point or place of beginning. Being a portion of the "Fred Isham Farm", so called, and being a portion of the land and premises conveyed to Malcom P. And Florence M. Vosburgh by Warranty Deed of Lena F. Isham dated April 27, 1948, and recorded in Volume 25, Page 74 of the City of South Burlington Land Records. Subject to and benefitted by all rights of ways, easements, covenants and permits of record. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description. The following opinion and report are prepared for and at the expense of Avalanche Development, LLC, on the title of the record owner to the above described property is based on an examination of the appropriate records of the City of South Burlington. It is furnished in connection with a proposed sale to Avalanche Development, LLC, in consideration of $ and a proposed mortgage to , as security of a loan of $ it is for the sole use of the Avalanche Development, LLC, and the City of South Burlington Development Review Board; and is not transferable. Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple. 1. MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) a. Assessed Valuation: $82,000.00 b. Taxes for the current fiscal period: July 1, 2003 - June 30, 2004 Total: $2,302.56 Due: August 15`h (paid), November 15`h and March 15`n c. Tax I.D./Parcel No.: 0860-01050 d. Delinquent Taxes: None. e. Water Liens: None of record. f. Electricity Liens: None of record. g. Sewer Assessments: See above. 2. MORTGAGES: None. ATTACHMENTS and LIENS: None. 4. EASEMENTS and RIGHTS OF WAY: Subject to a 20 foot sewer easement in favor of Homer and Marie Dubois dated May 7, 1984, and recorded in Volume 203, Page 469. (Said easement was conveyed to the City of South Burlington by Warranty Deed of record in Volume 203, Page 472). 5. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: None. 6. LEASE and RENT: Not applicable; No indication fo leased land. 7. COMPLIANCE WITH BOARD OF HEALTH SUBDIVISION REGULATIONS: Not applicable; Lots predate subdivision regulations. NOTE: Act 250 permits and/or subdivision permits are environmental permits which are really within the purview of engineers and we are, therefore, not qualified to certify that all facets of the Act 250 Permit and/or subdivision permits have been complied with, but do report that there is no recorded instrument which indicates that there is a lack of compliance in the applicable records. The undersigned has not undertaken any physical investigation whatsoever with respect to whether the property and each component thereof is in compliance with any of the permits identified above, and states no opinion with respect thereto, but reports that no violations are disclosed in the applicable State records. 8. ZONING: No violations of record. It is hereby certified that we have diligently researched the appropriate state land use and municipal zoning records and regulations and that to the best of our knowledge, there are no zoning violations relative to the property. 9. OBJECTIONS TO TITLE; REMARKS: None. 10. EXCEPTIONS - This report does not cover: and this opinion is subject to: a. Rights or claims of parties in possession not shown of record b. Mechanics' or Material men's Liens not recorded C. Applicable statutes, ordinances, and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraph 7 and 8 above. d. Any facts which would be disclosed by a physical survey or inspection of the premises. e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce. f. Special assessments or liens, if any, not shown of record This report and opinion refer to and apply only so far back as October 14, 1963 and are effective down to the 141h day of October, 2003 at 8:00 o'clock a.m. Donald B. Mad ocks, Esq. Attorney at Law CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date- October 17, 2003 \drb\sub\avaIan che\final. doc Plans received: October 16, 2003 AVALANCHE - PLANNED UNIT DEVELOPMENT FINAL PLAT PLAN APPLICATION #SD-03 -,;24 C Agenda #3 Meeting date- October 21, 2003 Owner Applicant Linus & Sue Wiles Avalanche Development, LLC 286 Longmeadow Drive 600 Blair Park Road, Suite 323 Shelburne, VT 05482 Williston, VT 05495 Engineer Property Information Chris Haggerty Tax Parcel 0860 01050 L O'Leary -Burke Civil Associates, PLC Volume 73/74, Page 352/128 5 Andrew Avenue, Suite 5 10 District Essex Junction, VT 05452 ±1.21 Acres Location Ma al &4 It I �4 r NOTE: Mapped wetland data are not necessarily locally accurate and require field verification. CITY OF SOUTH BURLING i _ . J 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc FIV:10m4stsI : •� Avalanche Development, LLC, hereafter referred to as the applicant, is requesting preliminary and final plat plan approval of a Planned Unit Development consisting of an 8,904 sq. ft. medical office and general office building and associated site development at 1050 Hinesburg Road. The subject property contains approximately 1.21 acres and is located in the Industrial and Open Space (10) District. The sketch plan of this project was reviewed by the Development Review Board on June 3, 2003 (minutes enclosed). Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 30, 2003 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements 10 Zoning District Required Proposed 4 Min. Lot Size 3_ acres 1.21 acres Max. Building Coverage 25% 10.03% Max. Overall Coverage 40% 39.4% Min. Front Setback 50 ft. >40 ft. Min. Side Setback 35 ft. >15 ft. Min. Rear Setback 50 ft. >30 ft. Max. Building Hei ht 40 ft. 36.5 ft. �l zoning compliance 4 preexisting noncompliance PLANNED UNIT DEVELOPMENT STANDARDS Section 15.13(F) of the Land Development Regulations requires that the PUD meet the standards of the Vermont Stormwater Management Manual. 1. Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations. Pursuant to Section 15.18 of the proposed Land Development Regulations, PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. The South Burlington Water Department has reviewed and approved the plans. The applicant has CITY OF SOUTH BURLING " IV 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc received water allocation from the South Burlington Water Department (see attached letter dated September 19, 2003). The applicant has obtained wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover (attached). (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the project is proposed via a 20' wide two-way private driveway off of Hinesburg Road. The applicant has received permission from the Vermont Agency of Transportation to construct the proposed access in the State's right-of-way, conditional upon local approval (see attached letter dated July 25, 2003). As the project conforms with Section 15.12(C)(3) of the Land Development Regulations, a private driveway is sufficient. At the sketch plan stage, the DRB asked the applicant to explore the possibility of obtaining an easement to provide access to the project off of Meadowland Drive. The applicant attempted to do so, but was unsuccessful. A letter from the adjacent property owner, Mr. Peter Pollak, is attached. Circulation is two-way throughout the site and staff believes the circulation plan is adequate. ITE estimates that the proposed project will generate 28.5 PM peak hour trips. The general office building will generate 5.4 PM peak hour trips and the medical office will generate 23.1 PM peak hour trips. Staff's worksheets are attached. At this time staff does not feel the calculated PM peak hour trips will require any special traffic management strategies. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The City Wetlands Map indicates that there are wetlands on the southeast section of the subject property. During the sketch plan stage, the DRB requested the applicant to submit a clear delineation any wetlands on the site and their associated buffer, in accordance with Section 12.02 of the Land Development Regulations. The plans received on September 29, 2003 do not depict any wetlands or associated buffers. The applicant has stated that Cathy O'Brien Wetland Consulting has surveyed the property and determined that the wetlands depicted on the City's Wetland Map are actually on the neighboring property, further to the south. The applicant's wetland consultant has suggested that the subject CITY OF SOUTH BURLING ,,N 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc property encroaches approximately 5' into the required 50' wetland buffer, but no development is proposed in this buffer (see attached letter dated June 18, 2003). (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. According to Section 6.04 of the Land Development Regulations, the 1-0 District is formed to provide suitable locations for high -quality, large -lot office, light industrial, and research areas in the City with access to major arterial routes and Burlington International Airport. The 1-0 District regulations and standards are intended to allow high -quality planned developments that preserve the general open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. Staff feels the proposed project meets conforms to the stated purpose of the 1-0 District. (f) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. No streams occur on the subject property. Staff feels the proposed project has been designed to provide adequate open space. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Chief Doug Brent has reviewed the plans. 3. That applicant shall comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Doug Brent dated October 3, 2003 (attached). (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The South Burlington Recreation Path Committee will be reviewing the proposed project to identify a potential location(s) for a public recreation path segment to extend the existing path. Their recommendations will be available at the DRB meeting. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The proposed project is to be served by a driveway off of Hinesburg Road, which complies with the requirements of Section 15.12(C)(3) of the Land Development Regulations. The outdoor lighting plan must comply with Section 13.07 of the Land Development Regulations. The plans show four (4) 100 watt metal halide building -mounted lights at 12' above ground -level and four (4) 100 watt metal halide pole -mounted lights at 20' above ground. The proposed exterior lighting complies with Section 13.07 of the Land Development Regulations. The applicant has submitted detailed lighting cut -sheets (attached). Pursuant to Appendix A.10 of the Land Development Regulations, the applicant has indicated that the indirect glare produced by illumination at ground level will not CITY OF SOUTH BURLING�. /v 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc exceed 0.3 foot candles maximum, and 0.1 foot candles average. The plans do not show a utility cabinet. According to the applicant, a utility cabinet will not be present on the site because of the property's close proximity to an existing utility pole in the northwest corner of the lot. The City Engineer has reviewed the plans revised on September 26, 2003. 4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 5. The applicant shall comply with the requests of the City Engineer, as outlined in his comments dated September 12, 2003 (attached). Q) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project is in conformance with the Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the project accomplishes a desirable transition from structure to site and from structure to structure. The applicant has submitted an adequate landscaping plan. The South Burlington Recreation Path Committee, at its October 7, 2003 meeting, reviewed the proposed project to identify a potential location for a public recreation path segment to extend the existing path. They recommended a 20' wide recreation path easement running to the west of the proposed building, along Hinesburg Road. Their comments are attached and the revised plans depict this easement. According to Table 13-2 in Section 13.01(B) of the Land Development Regulations, the proposed project requires a minimum of 39 parking spaces (12.6 for the general office space and 26.5 for the medical office space), 2 of which must be handicapped -accessible. The plans show a total of 32 parking spaces, which is a shortfall of 7 total spaces. 4 of these paces are handicapped - accessible. The applicant has stated that he is requesting a parking waiver of 7 spaces, or 18%. According to Section 13.01(N) of the Land Development Regulations, the Development Review Board may grant parking waivers up to 25% if they feel the land use or structure is adequately served by off-street parking. These parking spaces conform to the design requirements outlined in Table 13-8 of the Land Development Regulations. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. A bicycle rack is shown on the plans. i CITY OF SOUTH BURLING i _iV 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located at the rear of the proposed building, so staff feels this requirement is met. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The scale of the proposed building is compatible with the site and existing buildings in the area. The height of the proposed building is 36.5', which is under the 40' height limit for pitched -roofs in the City. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already noted that the utility lines must be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. Staff feels the architectural details (attached) are sufficient for the proposed project. (f) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Again, staff feels the architectural details are sufficient for the proposed project. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. As noted already, the DRB asked the applicant to explore the possibility of obtaining an easement to provide access to the project off of Meadowland Drive. The applicant attempted to do so, but was unsuccessful. A letter from the adjacent property owner, Mr. Peter Pollak, is attached. Staff recommends that the applicant be required to provide the property owner to the south an access easement to facilitate access between the two (2) properties. 6. Prior to recording of the final plat, the applicant shall record a "notice of condition", approved by the City Attorney, stating that an access will be provided to the property to the south if and when a) the Development Review Board approves development on the parcel to the south and b) the Development Review Board deems the access necessary or advantageous. I CITY OF SOUTH BURLING i .iV 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that utility lines must be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans depict a dumpster on the eastern side of the property, adjacent to the parking lot. Sheet 2 of the plans shows the proposed dumpster screened with 8 Sunkist Arborvitae. Landscaping Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Staff feels the landscaping around the parking areas is sufficient to meet this requirement. According to the applicant, the parking areas were specifically designed without curbing to allow for treatment of stormwater runoff from the paved parking surface. Section 13.06(B) of the Land Development Regulations allow the Development Review Board to waive the curbing requirement to provide for stormwater treatment. Staff feels the applicant's stormwater plan justifies this waiver from the Development Review Board. 7. The applicant must obtain a waiver from the Development Review Board to eliminate the curbing from the proposed parking areas, prior to final plat plan approval. Pursuant to Section 13.06(B) of the Land Development Regulations, the parking areas must have adequate internal landscaping. The revised plans show adequate internal landscaping of the proposed parking areas. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans depict four (4) separate snow storage areas. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the Land Development Regulations, and shall be prepared by a landscape architect or professional landscape designer. Based on the proposed project costs, the minimum landscape requirement is $10,000. The applicant has submitted a landscape plan and landscape budget (attached) that indicates $12,223 of landscaping is proposed for the site. The City Arborist reviewed the plans. 8. The applicant shall comply with the request of the City Arborist, as outlined in his letter dated October 1, 2003 (attached). I CITY OF SOUTH BURLINGI uiV 8 DEVELOPMENT REVIEW BOARD Other DEPARTMENT OF PLANNING & ZONING \drb\sub\avalanche\fi nal . doc 9. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the applicant shall submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney. Staff recommends that the Development Review Board approve Preliminary Plat Plan Application #SD-03-62 and Final Plat Plan Application #SD-03-63, conditional upon the applicant addressing the numbered items in the "Comments" Section of this report. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Chris Haggerty, O'Leary -Burke Civil Associates Russ Barone, Applicant - s+awae HORIZON � saNc w+9oRt WEST ELEVATON NORTH ELEVATION es sows — NfAL LAP` �r----Jr it L JL_ JL W"i" MIS C-IprvK 2m Gutlbc VMM Vwwram Am%toctr, tic GUILLOT VIVIAN VIEHMANN ARCHITECTS 284 S Union St Burlington VT 05401 802.862.9631 Inb@( gwvarrAtects.com AVALAINCHE PROPERTIES S Burlington, VT scale: 1 "-1 i 16" date: 30 July 2003 o !244c n Sv*X H0PQ0'fM LAP. /Sr 4G 0 i CJ 14%MNRY VENM AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bdbuild(a,)netscape.net) October 7, 2003 Dave Burke O'Leary -Burke Civil Associates 5 Andrews Ave. Suite 5 Essex Jct. VT 05452 Dear Dave, There were a number of issues raised that need to be addressed prior to receiving final approval. The DRB has continued my application to their next October meeting. The issues are as follows; ➢ Revise the lighting plan to meet the Land Development Regulations (LDR) as stated in Appendix A.10. ➢ Include a 20' recreation path easement along Hinesburg Road as requested by the recreation director at last nights meeting. Note on the plans that the easement will not be used against my lot coverage, setback requirement or any other LDR regulation. ➢ Remove the detail on sheet 1 showing the handicap parking and sidewalk detail on the lot to the south. ➢ Write a letter the City of South Burlington stating that the stormwater details shown on the plans meets and/or exceeds the standards stated in Section 15.13(F) of the LDR. ➢ Need to add a landscape island in the parking area per Section 13.06(B) of the LDR. I believe this can be achieved by connecting the two parking lots with a 4' asphalt walkway creating an island that can be landscaped. This may need to be curbed unless we use it as stormwater treatment. ➢ Include on plan SNOW STORAGE AREA along the detention pond and along the east side of the lower parking lot. ➢ The submission for final needs to include a perimeter survey plat. I believe Trudell did lot corner location but I am unsure if they performed a survey for the Wiles. Let me know if you need me to make any calls on this. ➢ On sheet 1 you need to correct the Max. Allowance for building coverage. It is 30% on the plan and the LDR state 25%. ➢ Question of necessity? What is the depressed curb shown in the access road and why is there a second bike rack shown? If this is needed the lines that extend on to the lot to the south need to be removed. I believe this is all that is required to receive final approval to the next meeting. You may want to call Ray Belair to confirm this. I am including a copy of the Staff Notes for your file. Please call if you have any questions. Thanks, Russell Baron Sincerely, Russell Barone AVALANCHE Development LLC. CIO Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bcibuild@netscape.net) October 15, 2003 Ray Belair South Burlington Administrative Officer 575 Dorset Street South Burlington, VT 05403 RE: Continued PUD application of Avalanche Development LLC. Dear Ray, I have prepared a list of corrections that are needed for the engineering plans per my October 7, 2003 DRB meeting. Please review them and let me know if I have missed anything. My attorney is preparing the certificate of title and I will include a copy of the stamped survey per your request. As for Mike Gravelin, the neighbor to the south, I met with him the evening of the DRB meeting to evaluate the effect that headlight might have on his home. I approached my future access drive from Rt. 116 and turned my vehicle so that the headlights shown toward Mike's house. The headlights only cast light on his foundation and did not shine anywhere near his windows that are awning type windows starting 6' above the ground. The trees that Mike said he was removing are on the front of his house on the west side not on the north side that abuts our common property line. Also the trees that are shown on the site plan as existing are in fact on the property line and will remain as shown on the plan and these trees have full vegetation to within a couple of feet to the ground. Mike agreed that headlights turning in off Rt. 116 would not shine in his windows, as was his concern at the DRB meeting on the 7 h of October. Mike and I then walked down our common lot line to determine the effect of headlights from vehicles leaving my parking areas and even thought we could not drive down, there were cars and trucks leaving Dynapower and there headlights simulated the direction and angle of cars leaving my proposed parking areas. Even though the lights were further away they are on the same elevation as my parking areas. The headlights did not cast onto the back of Mike's house but in the lower portion of his back yard. Please keep in mind that the grade on the back of Mike's house is 12' to 16' higher than my parking areas. While viewing the headlights from Dynapower most of the light was defused by the existing stand of 4 clustered pine trees that are shown on the plans and I show on my landscape plan that we are installing an additional 7 white pines to fill in the gaps between the existing stand of trees. This should prove more than sufficient screening between the two properties. As for the Section 14.07 (a) "Access to Abutting Properties": The regulation states, "a reservation of land may be required on any lot for provision of access to abutting properties". The word access causes me concern as it can be interpreted as the neighbor to the south being able to use this as their primary access to their property. As the neighboring property currently has access on Rt. 116, does not have a plan for development and has an extensive wetlands body on the eastern half of their property I do not understand how I can commit to a reservation of land as it is unknown where, how or if the neighboring property can be developed in a manner to allow for a safe and appropriate connection of parking areas. Further, at the DRB meeting and again by phone with Ray Belair on Oct. 14, 2003 the access being discussed was for the interconnection of parking areas and not as a primary access for the neighboring lot to the south and the regulation referenced above clearly includes access to abutting properties as its primary purpose and interconnection as a secondary purpose. If property access is to be considered there will have to be further legal negotiation as to a mechanism for cost sharing of construction cost including the time value of money, granting me a lot coverage credit equal to the coverage area of said access and a legal document that will guarantee that all parties benefiting by said access will share in all maintenance, upkeep and or repairs of said access. Being that there are so many variables and unknowns, I am suggesting that there be no reference made to Section 14.07 (a) and that instead the following sample verbiage to use as a condition of approval to address any future parking interconnection with the property to the south: At the time the property owner to the south brings forth development plans for said lot I am amicable to working with said neighbor to the south toward a mutually agreed upon access to allow for a parking interconnection. The City of South Burlington and it's Development Review Board agree that any future access will not be counted or used when calculating the lot coverage of any current of future development proposals on the lot known as 1050 Hinesburg Road Any such access will be constructed and maintained at the sole expense of the property owner to the south and further the property owner to the south will insure that there tenants and or patrons park in their own designated parking areas Please let me kn94yif you need any further information regarding the issues stated above so that I hav e to provide any information prior to the DRB meeting on October 21, 2003. Russell Barone O'Leary -Burke Civir ,sociates, PLC October 16, 2003 Mr. Brian Robertson Assistant Planner City of South Burlington 535 Dorset Street So. Burlington, VT 05403 RE: Avalanche Development, LLC. — Route 116 Dear Brian: We are writing as a follow up to the September 30, 2003 Staff Report and the October 7, 2003 Development Review Board (DRB) Hearing on the above referenced project. We are attaching five (5) full size set of revised plans and one (1) 11" x 17" reduced set of revised plans. Please find the following responses to Staff / DRB review: 1. Stormwater: The proposed project includes only 0.48 acres of impervious area versus the 1 acre of impervious area, which triggers the need for a Stormwater Discharge Permit. In any case, the stormwater design for the project is in conformance with the State standards for larger projects. Namely, the run-off will sheet flow from the paved areas to vegetated Swale and/or lawn areas to a Stormwater Detention Area. The Stormwater Detention Area includes a forebay, , a settling basin and an outlet structure, which is designed to detain post -development stormwater flows to below pre - development flows. The treated stormwater leaving the Detention Pond will be dissipated by a spreader trench to provide sheet flow. 2. Lighting: The Lighting Plan, sheet #3 has been revised to call off setting the backlight shield within the specified light fixtures to 0 degrees, which will prevent indirect glare onto the abutting property to the south. Please note that the Lighting Program does not allow for, or represent the specification for backlight shields. We have attached the cut sheet for the specified fixtures with the backlight shield bracketed. 3. Utility Cabinet / Utilities: The proposed building is in close proximity to an existing pole near the parcels northwest property corner. The applicant has been informed that power will be a direct feed from said power pole. A note 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL@TOGETHER.NET Mr. Brian Robertson October 16, 2003 Page 2 has been added to plan sheet 1 stating that "All utilities shall be located underground per Section 15.13 (E) of the land development regulations". 4. Bicycle Parking: One (1) bike rack is proposed near the buildings northeast corner. The other bike rack at the parcels southerly boundary was a computer error and has been removed. 5. Internal Parking Landscaping: Based on staff interpretation, the two (2) parking areas are looked at as one (1) and as such, contain greater than 20 parking spaces and require 10% internal landscaped islands. The plans have been revised to add an island in the lower parking area and proposed a second island between the parking areas by adding a sidewalk connection between the parking areas. Each island includes one (1) hardwood street tree of minimum 2.5" caliper. As requested, information has been added to plan sheet 1 addressing LDR Section 13.06 (B). 6. Snow Storage Areas: Four (4) separate snow storage areas have been added to plan sheet 1, parallel and downslope of the parking areas. 7. City Arborist: • Landscape Designer: The Landscaping Plan includes the locations and amounts of proposed species with their common names. The hardwood species within the islands will be minimum 2.5" caliper and the other hardwood species will be minimum 2" caliper. The evergreen species will be minimum 5 foot high and the foundation type plantings will be minimum 2 gal / 24". • Building Landscaping: No additional Landscaping is proposed or justified. The landscape estimate of $12,223 is greater that the $10,000 requirement. • Existing tree protection: A note has been added the Landscape Plan, sheet 2 to call for installation of snow fencing around the drip line of trees to be preserved. • Species Selection: The landscape design was performed by North Country Landscape & Garden Center, whom have had good success with the proposed landscaping. In any case, the applicant agrees to work with the City Arborist on specie changes prior to installation. • Tree Planting Detail: The detail on plan sheet 4 has been revised accordingly. Mr. Brian Robertson October 16, 2003 Page 3 • Landscaping Specifications: The Landscaping Specifications on plan sheet 4 have been revised accordingly (see notes 2 and 3 of Spec.) 8. City Engineer: • The Landscape Plan, sheet 2 has been revised to move two (2) of the proposed trees to 10 feet from the sewer service. • The parking area detail on plan sheet 4 has been revised to allow for the use of recycled crushed concrete for the base. • Sewage: The application for Wastewater Allocation was approved and included in an earlier submittal. 9. Dimensions Table: The table on plan sheet 1 has been revised to correct the maximum building coverage (25%). 10. Perimeter Survey: Please find the attached Plat of the pre-existing parcel as prepared by Trudell Consulting Engineers, Inc. 11. Pedestrian Easement: Plan sheets 1,2 and 3 have been revised to call for a 20' wide pedestrian easement to the City of South Burlington. If you have any questions, call. Sincerely, David W. Burke Enc. cc: Russ Barone August 4, 2003 Barone Construction Inc. 122 Applewood Lane Williston, VT 05495 ATTN: RUSS North Country Landscape & Garden Center 135 TALCOTT ROAD WILLISTON, VT 05495 (802)878-7272 - FAX (802)878-9303 AVALANCHE PROPERTIES Hinesburg Road, So. Burlington Plant List: 6 Wardi Yew 18-14' 2 Pee Gee Hydrangea 2-3' 2 Dwarf Korean Lilac 3-4' 5 Dense Yew 24" 2 Renaissance Spirea 4-5' 1 Chokecherry 3' 1 Sweetshrub 18-24" 8 Sunkist Arborvitae 4-5' 5 Inkberry 18-24" 6 Concolor Fir 6' 8 Austrian Pine 6' 8 White Spruce 6' 3 Sugar Maple 2-2.5" 2 Korean Mt. Ash 2" 2 Northern Bayberry 3-4' 2 Emerald Gaiety Euonymus 2 gal 1 Summersweet 3-4' 1 Single Stem Shad 1.75" Total Planted Cost *** $12,222.70 ***Total Cost includes all labor, equipment and materials needed for installation, all nursery stock carries a one year warranty from date planted. Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878-6022 June 18, 2003 Russ Barone Avalanche Development LLC. 4 Applewood Lane Williston, VT 05495 Rl:: Hinesburg Road Property, South Burlington, VT Dear Russ: Thank you for meeting me on June 6, 2003 at the property on the eastern side of Hinesburg Road in South Burlington. The South Burlington Wetland Map shows a wetland on this property. 1 reviewed the property on June 6`' and again in more detail on June 10, 2003 to determine if the mapping was correct. South Burlington's wetland map is based on photo interpretation of 1992 Color Infrared Photography, limited field work, site specific wetland delineations on file with the State Wetlands Office, and soils information. This information was then digitized, changing it from a 1-40,000 scale to a l :5000 scale. Field work, however, revealed that the mapped wetland was actually further south of this property, as described below. The wetland in this area is a natural grassed swale running from the southwest to the northeast. For an area to be considered a wetland, it must meet the technical criteria for three parameters: a dominance of hydrophytic vegetation, hydric soils and wetland hydrology. An area that meets the criteria for each of the three parameters is considered a wetland. Hydrophytic vegetation is defined as macrophytic plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The U.S. Fish and Wildlife Service has developed a list that ranks each plant species based on its frequency of occurrence in wetlands. The dominant vegetation in the area that was mapped as wetland is Kentucky bluegrass, thistle, vetch, knapweed, dandelion, milkweed and reed canary grass. The dominant vegetation is upland vegetation, not wetland vegetation. It does not meet the criterion for wetland vegetation. There is one small area in the middle of the property that was plowed in the wrong direction, across the slope, creating dead furrows. Because these furrows go across the slope, not parallel to the slope, water cannot flow as easily downhill. Out of the tire ruts, the vegetation is the same as described above. This area is only about 10' by 8', not big enough to be mapped out by the Corps of Engineers standards. l lydric soils are soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The publication "Field Indicators for Identifying Hydric Soils in New England, 1998, second edition, is used to determine whether a soil is hydric. The soils are mapped in the Chittenden County Soil Survey as Vergennes clay. My field work found this mapping to be correct. Vergennes clay soils are not considered a hydric soil by the Natural Resources Conservation Service, although the water table gets within two feet of the surface in the spring and late in the fall. There is slow permeability due to the clay soils. An area has wetland hydrology when it is saturated to the surface or inundated for typically a week or more during the growing season. Since it is difficult to examine wetland hydrology during much of the year, indicators have been developed that allow hydrology to be analyzed, even in the winter. The lack of distinct mottling in the upper part of the soil profile shows that the seasonal high water table does not come up close enough to the surface to meet the hydrology criteria. As previously stated, there is an area that does meet the criteria of a wetland to the south. This wetland flows diagonally across the property to the south to the culvert under the road. It is dominated by reed canary grass, has mottling within the upper part of the soil profile and shows signs of seasonal inundation. At the closest point, this wetland is 45 feet south of the property in question at its southeastern corner. At the old fence line a little further west, the wetland is 63 feet south of the property. Fifty feet further west, the wetland is 125 feet from the property line. In conclusion, the wetland mapped on this site is further south that shown. The site in question is not a wetland. Please call me at 878-6022 if you have any additional questions. Sincerely, Cathy O'Brien Eric.- sketch of wetland I :'%,e C d,Jdw I 0hC�- 61:0 ' avalanche Development LLC Hinesburg Road So. Burlington Wetland Sketch Cathv O'Brien Wetland Consultins; Date: 61,16103 839 Oak- Hill Road Drawn bv: COB N Williston_ VT 05495 (802)878-6022 cathvou;togcther.net Sheet: t of t Note: Not to stole ,, t . �00 RUUD LIGHTINC 6" EXTENDED POLE MCU. J1r BULLETIN MAC2.12" If (3 mom) AREA �JTIOJFF FLOOD SPEC. # WATTAGE CATALOG # (a) VOLTAGE (b) OPTIONS (Factory Installed) 5OW MH MAC2405-D °I j M= 1 20/208/240/277V (N/A on F=Fusing b) 70W MH MAC2407-D_ � 50.10OW MH & 35. 50W HPS) Q=Quartz Standby (Includes loow 100W MH MAC2410 D b) T=120/277/347V (WA on 50-100w MH & 35, 50W HPS) quartz lamp) (non delay -relay type) 175W MH MAC2417- Ia) Tb) 1=120V (Reactor Ballast) (For -(a)P=Button Photocell 35W HPS MAC2503-1 (b) 50-150wHPS) -5P=External Photocell (for48oV) 50W HPS MAC2505-D (b) 5=480V (WA on 50-100W MH & 35, 70W HPS MAC2507- (a) Ib) �— 50W HPS) 50D=220/240V 50 Hz (WA on 50, 10OW HPS MAC2510- �a) �b) 70W MH & 35W HPS) 150W HPS MAC2515- (a) (b) 8-220V 60 Hz (WA on 50W MH & _ Specify (a) Voltage, and M Options. 35, 50w HPS) (Ballast Housing. Reflector. Seamless, Prefinished semi specular die cast aluminum. diffuse & diffuse aluminum Capacitor wrapper, and semi s Finish color; bronze. pp ecular p aluminum sides. Ignitor (Where required) �- 6" (152 mm)--� 12" (305 mm) -1 I ------- ---- Lamp (Included). 5" (127 mm) ° — Lamp- __ _ 9 holder Cord.Adjustable 24" (610 Backlight mm long). Shield. 0° to 30°. Extended Ballast \ Pole Mount. Compartment Lens Frame. Finish color; bronze. Cover Die cast aluminum door frame secures Patented lens; sealed with Hinge silicone gasket. Assembly Finish color; black. GENERAL DESCRIPTION: 600 forward throw sharp cutoff luminaire with adjustable backlight control for H.I.D. lamp, totally enclosed. Backlight shield provides precise cutoff adjustability from 00 (nadir) to 301 (house -side). Housing is seamless, die cast aluminum. Lens assembly consists of rigid aluminum frame, high - impact, clear tempered glass, and backlight shield. Mounting consists of a 1.75" (44 mm) wide by 2.5" (64 mm) high by 6" 052 mm) long extruded aluminum arm. The arm is held in place with two 5/16" (8 mm) - 18" (457 mm) mounting rods fastened to a steel backing plate inside the pole, and by two nuts inside the fixture housing. Mounting rods are provided with sealing washers to prevent water leakage. ELECTRICAL: Fixture includes clear, medium base lamp. Porcelain enclosed, 4kv rated screw shell type lamp holder. All ballast assemblies are high power factor and consist of the following: 50-100W MH & 50W HPS: Dual -tap (in U.S.: 120/277V; in Canada: 50W MH & 50W HPS= 120/277V, 70 & 100W MH=120/347V) High Reactance ballast. 175W MH: Constant Wattage Autotransformer, see voltage options. 35W HPS: 120V Reactor ballast. 70-15OW HPS: High Reactance ballast, see voltage options. FINISH: Exclusive DeltaGuardTM finish features an E-coat epoxy primer with medium bronze acrylic powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. The finish is covered by our 7 year limited warranty. LABELS: ANSI lamp wattage label supplied, visible during relamping. UL Listed for wet locations and enclosure classified IP54 per IEC 529; in Canada, CSA Certified or Canadian UL Listed for wet locations. ACCESSORIES: FWG-12 = Wire Guard MACW SERIES" Fw U UD LIGHTING ,(Two) drill point Four, 1/2" (13 mm) indications. conduit entries. 1" (2 mm) 1 4„ (102I min) 4" (102 min) 6" (152 mm) WALL MOUNT RutLST11*1 MACW-1- I( " ( ern) A R E A (Aj TCO F F F L 0 0 iD SPEC. # WATTAGE CATALOG # (a) VOLTAGE (b) OPTIONS (Factory Installed) 50W MH MACW405-0(b) I M=120/208/240/277V (N/A on F=Fusing 70W MH MACW407-0 bbl 50-100W MH & 35, 50W HPS) 0--Quartz Standby (Includes 100w 100W MH 175W MH 35W HPS 50W HPS 70W HPS 100W HPS 15OW HPS MACW410-D (b) T=120/277/347V (N/A on 50-10ow MH & 35, 50W HPS) 1=120V (Reactor Ballast) (For quartz lamp) (non delay -relay type) -(a)P=Button Photocell MACW417- �ai !bl MACW503 1 cbl so-15oW HIPS) 5=480V (N/A on 50-10OW MH & 35, 50W HPS) 50D=220/240V 50 Hz (WA on 50, 70W MH & 35W HPS) 8=220V 60 Hz (WA on Sow MH & -5P=External Photocell (tor4sov) MACW505-D Ibl MACW507-!al Ibl MACW510- (at obi MACW515- (a) Ibt Specify (a) Voltage, and (b) Options. 35, 5oW HPS) Ballast - Housing. Reflector. Seamless, Prefinished semi specular die cast aluminum. diffuse & diffuse aluminum Capacitor Finish color: bronze. wrapper, and semi specular \X aluminum sides. 1.25" (32 min) �-- ❑ 12" (305 min) Ignitor (Where required) — Lamp 1/2" Conduit (Included). Entry 5" (127 mm) ° Lamphoider ---T- Adjustable Bacldight Shield. 0° to 30°. 0 Wall Mount Box. Ballast For surface wiring Compartment -- Lens Frame. or entry. Cover Die cast aluminum Finish color; black. door frame secures Patented lens; sealed with Hinge silicone gasket. Assembly Finish color; black. GENERAL DESCRIPTION: 601 forward throw sharp cutoff luminaire with adjustable backlight control for H.I.D. lamp, totally enclosed. Backlight shield provides precise cutoff adjustability from 0° (nadir) to 301(house-side). Housing is seamless, die cast aluminum. Lens assembly consists of rigid aluminum frame, high - impact, clear tempered glass, and backlight shield. Fixture mounts to wall with a 4" (102 mm) x 6" (152 mm) x 1.25" (32 mm) cast aluminum mounting box and gasket. Two 5/16" (8 mm) dia. threaded mounting rods are supplied with nuts and sealing washers to attach fixture to mounting box. Also provided are four threaded and closed 1/2" (13) conduit entries. ELECTRICAL: Fixture includes clear, medium base lamp. Porcelain enclosed, 4kv rated screw shell type lamp holder. All ballast assemblies are high power factor and consist of the following: 50-100W MH & 50W HPS: Dual -tap (in U.S.: 120/277V; in Canada: 50W MH & 50W HPS= 120/277V, 70 & 100W MH=120/347V) High Reactance ballast. 175W MH: Constant Wattage Autotransformer, see voltage options. 35W HPS: 120V Reactor ballast. 70-15OW HPS: High Reactance ballast, see voltage options. FINISH: Exclusive DeltaGuardTM finish features an E-coat epoxy primer with medium bronze acrylic powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. The finish is covered by our 7 year limited warranty. LABELS: ANSI lamp wattage label supplied, visible during relamping. UL Listed for wet locations and enclosure classified IP54 per IEC 529; in Canada, CSA Certified or Canadian UL Listed for wet locations. ACCESSORIES: FWG-12 = Wire Guard FRill U l "ty O ( SO. b E Hip. 14U. • 1 HU2 bib 4 , -Ike APPLICATION for WASTEWATER ALLOCATION *Items marked with an asterisk must be filled in by ALL applicants "Applicant Information Applicant: ' k, I,i,: A • 1. , Contact Person /r Mailing address: e is 7' j...,c t.', y -z��,_ ,yi�� _�.i4', 1.10')i Telephone and fax for contact: Property owned' name (if not applicant): Property owner mailing address: A),,. L 44 C V, ..-i C. v 'Physical locati9rii of project:`. i P ..rt. "Si� tore YZI of Applicant *8 ture of Property Owner e� S (Both applicant and property of mer..MUST signs a ieatiottl) "Project information If the project is a single-family home, please check one: New Existing If not single-family home, project name: i ,�^ , % :^ �� .� ., �� ,� ,,�,��; ,, "r r ti, "Application or Permit Numbers: (from Dept. of Planning & Zoning) ,� S� 0OL l ?j_ Engineer's Informa#gn for flaws over 1,000 gpd Name of Engineer: I`�r . r• `��' l Firm '� w,<:�f . �,_•e',;�. r.f<�•I a�'.�%c ,,�� , Mailing address: ':;� ,<r�^✓. L1f� ,Cr1,: , `;rr,{r. 5_ - L%��x%1 , t/ Phone and fax:.t,Zy,(,-� ";�_� -�'' r•� PE License APPLICATION for WASTEWATER ALLOCATION *Items marked with an asterisk must be filled in by ALL applicants "Applicant Information Applicant: ' k, I,i,: A • 1. , Contact Person /r Mailing address: e is 7' j...,c t.', y -z��,_ ,yi�� _�.i4', 1.10')i Telephone and fax for contact: Property owned' name (if not applicant): Property owner mailing address: A),,. L 44 C V, ..-i C. v 'Physical locati9rii of project:`. i P ..rt. "Si� tore YZI of Applicant *8 ture of Property Owner e� S (Both applicant and property of mer..MUST signs a ieatiottl) "Project information If the project is a single-family home, please check one: New Existing If not single-family home, project name: i ,�^ , % :^ �� .� ., �� ,� ,,�,��; ,, "r r ti, "Application or Permit Numbers: (from Dept. of Planning & Zoning) ,� S� 0OL l ?j_ Engineer's Informa#gn for flaws over 1,000 gpd Name of Engineer: I`�r . r• `��' l Firm '� w,<:�f . �,_•e',;�. r.f<�•I a�'.�%c ,,�� , Mailing address: ':;� ,<r�^✓. L1f� ,Cr1,: , `;rr,{r. 5_ - L%��x%1 , t/ Phone and fax:.t,Zy,(,-� ";�_� -�'' r•� PE License F" : City or So. B FAX NO. : 1 802 65e 4748 �� 15 2003 12:0011 F? APPLICATION for WASTEWATER ALLOCATION "Flow Calculations (Yot•( may substitute an engineer's calculation or letter for the information requested belozi) For additional bedrooms in single-family homes: Number of existing bedrooms: Number of additional bedrooms requested: For other residential projects, list number of bedrooms and units requested: Number of bedrooms x Number of Gsllons per units x day per unit Total flows 1 150 2 _ _ 300 _ 3 450 4 600 750 6+ (specify) TOTAL For commercial and industrial projects, list existing and proposed tenants, uses an( Tenant/ N um ber of Other Business Type of use seats, SF, etc. x Flow per unit Adjustments Total Flow J • \� 1 i T, "Total development wastewater flow requested: TiL't gallons per day now characteristics (for commercial and industrial projects) Volume - Flow rate: �` �. �/, ��, :;2''�� Strength: flows.- FR'31I City of emu. 13 1hU'. W. l cjU.G b-b 4,<4b J'i, i AL,Ul"i APPLICATION for WASTEWATER ALLOCATION Please do not write below this line �y Application & Recording Fee Received: ame Date Receiving Plant: / Airport Parkway Bartlett Bay City Center, District: Yes �IVo r Approv d by Water7Po tion Control Department (Commercial and Industrial Projects) Dir ctor of ater Pollution Control Da Preliminary allocation issued: (payment of fee is not required) WR O-C�- Miiector of Planning & Zoning Date Final Allocation Issued: (payment of fee is required, either in full or pro -rated for projects Mth multiple zoning permits involved) Director of Planning & Zoning Date Final Allocation Expires with permit # - - (Date) Zoning Permit Issued permit # (Date) Associated WW connection permit (if applicable) # - - For Extensions of Final Allocation Only EXTENSION GRANTED to (Date) 50% EXTENSION FEE PAID (Date) (Date of Expiration) (Amount) i. State of Vermont_- �,.,, Agency of Transportation National Life Building 3, Drawer 33 Workingto Get You ThereVTt Montpelier, VT 05633-5001 ! LETTER OF INTENT! THIS IS NOT A PERMIT July 25, 2003 Russell Barone Avalanche Development LLC. 600 Blair Park Road — Suite 323 Williston, Vt. 05495 Subject: S. Burlington VT.116 L.S. 116+16 RT. Dear Russell: Your highway permit application to construct a new access at the above -referenced location, has been reviewed and found to meet the requirements for work within the highway right-of-way. Title 19 VSA § 1111 requires that we ensure compliance with all local ordinances and regulations relating to highways. Your highway permit application will be processed upon our receipt of copies of vour Act 250 and/or local approvals, including all conditions. In cases where local zoning does not exist, a letter from the legislative body of the municipality will be acceptable. When issued, the permit will contain, but will not be limited to, the attached Special Conditions. This commitment is valid for two years from the date of this letter. Should your other permits require a longer time period, please contact us relative to an extension of time. If you have any further questions about this matter, please call me at (802) 828-2487. Sincerely, Pete Daye Project Supervisor Utilities & Permits Unit Attachment cc: City of South Burlington Chittenden County Regional Planning Commission www.aot.state.vt.us Telecommunications Relay Service 1-800-253-0191 Vermont is an Equal Opportunity Employer 1020 Hinesburg Road P. O. Box 9210 South Burlington, VT 05407-9210 US INTERNATIONAL: 802-860-7200 USA: 800-292-6792 FAX: 802-652-1388 www.dynapower.com Barone Construction 600 Blair Park Road Williston, Vermont 05495 To: Russ Barone From: Peter Pollak, President Date: July 21, 2003 The land use/ right of way proposal that we have discussed does not adequately address the issues I have with the City of South Burlington regarding road access. Unfortunately, at this time, I cannot provide the right of way you are seeking. Landscape Revir.. 10/1/03 Avalanche Properties O'Leary Burke Civil Assoc Landscape Designer: North Country Landscape & Garden Ctr • A plant list specifying botanical name, common name, cultivar, and plant size should be included in the plan • Landscaping around the building seems sparse, including some medium to large size trees in some of the open areas around the building and around the parking lots would help to satisfy the landscaping requirements • If any existing trees are to be saved a plan for establishing and enforcing tree protection zones should be included Species Selection • White Spruce is a good choice but Concolor Fir generally performs poorly in heavy clay soils and a substitute should be selected • Korean Mountain Ash isn't the best choice around parking lots due to stress from heat, drought, and salt. Some possible substitutions include: 1. Amur maackia, Maackia amurensis 2. Callery Pear, Pyrus calleryana `Cleveland Select' or `Chanticleer' 3. Japanese Tree Lilac, Syringa reticulata' • Sugar Maple is not the best choice around parking lots due to sensitivity to deicing salt. Some potential substitutions include: 1. Turkish Filbert, Corylus colurna 2. Regal Hybrid Elm, Ulmus x `Regal' 3. Bur Oak, Quercus macrocarpa 4. English Oak, Quercus robur `Skymaster' Tree Planting Detail • When staking is necessary, wire protected by garden hose is unacceptable as a tree tie. Suggested ties include Arbor Tie soft woven webbing or Tree Saver System rubber ties • Stakes and ties must be removed after one year • The tree should be planted so that the root flare, not the top of the root ball, is at or slightly above finish grade. This may require removal of excess soil from the top of the root ball to expose the root flare Landscaping Specifications • Fertilizer standards should be revised 1. A fertilizer analysis must be included with the specifications for dry fertilizer, otherwise the recommended rates are meaningless 2. Specified liquid fertilizer rates are excessive, the ratio of nitrogen - phosphorus -potassium is acceptable but nitrogen rates should not exceed 20-30 pounds per acre 3. Lime should only be applied when a soil test indicates a need. Due to the nature of the soils in this area, lime application will probably be unnecessary CITY ENGINEER'S COMMENTS Avalanche Properties Hinesburg Road 9/12/03 1. Trees must not be planted on top of sewer lines. They should be at least 10 feet away. 2. Gravel for road and parking lot may be recycled crushed concrete. 3. The sewage from this project will be served by the Lane Press pumping station located down stream. This station may require some upgrading to handle this extra flow. The pollution control superintendent should be consulted. SOUTH BURLINGTON WATER DEPARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 September 19, 2003 Mr. Russell Barone Avalanche Development LLC 600 Blair Park Road, Suite 323 Williston, VT 05495 RE: 1050 Hinesburg Road Dear Russell: In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project we submit the following: 1. Water storage is located at the 1.5 million gallon South Burlington East Tank off Dorset Street in South Burlington. 2. Your water supply requirement for this proposed project (including 5,000 square feet of medical office, and 3,004 square feet of general office space) can be furnished by this Department without restricting or encumbering present users. 3. Water is supplied to the referenced area through 12" distribution water mains. 4. This letter of availability is valid for a five-year period commencing on today's date. If you have any questions or I can be of further assistance, please do not hesitate to call me. Sincerely, South Burlin ton Water Department AJaydeau Superintendent Cc. J. Fay D. Pratt C. Hafter South urlin ton Fire De ar�ment g p 575 Dorset Street October 3, 2003 South Burlington, VT 05403 (802) 846-4110 Douglas S. Brent, Fire Chief Ms. Juli Beth Hoover, Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Avalanche Properties Office Building, Meadowland Business Park Hinesburg Road Dear Juli: I have looked at the final plans for the proposed construction of the commercial office building in the Meadowland Business Park on Hinesburg Road. I have a couple of new concerns since my last review last September 27, 2002. I have also made a site visit to try to envision the siting of this project. I have the following recommendations: l . Compliance with all requirements of Vermont Labor and Industry Fire Prevention Division codes and standards. 2. Automatic sprinklers and alarm system as required by Vermont Labor and Industry Fire Prevention Division. 3. Fire Department Sprinkler Connection location to be specified by SBFD. 4. Fire Alarm panel and annunciator location to be specified by SBFD. 5. Number and location of fire hydrants to be determined by the South Burlington Water Department. Actual final spotting of said hydrants to be done jointly with SBFD. 6. Elevator car(s) to be sized large enough to accommodate an ambulance stretcher in the flat position. I have some concern about the outside access to the building for firefighting purposes. The plan shows full access to 2 sides of the building and partial access on a 3`a side. If this building is going to be fully sprinklered then the plan is OK as proposed. If it is to be unsprinklered then we need to look at increased building access. Page — 2 At this point these seem to be the major issues which present themselves. Should you need any further assistance on this project please feel free to contact me. uic rel ' Doug s S. Brent Fire Chief SOUTH BURLi_ITON RECREATION DEPARTMENT 575 DORSET STREET, SOUTH BURLINGTON, VT 05403 TEL: (802) 846-4108 FAX: (802) 846-4101 ��•°• ^.,, THOMAS HUBBARD, CPRP RECREATION DIRECTOR TODD GOODWIN - - - ASSISTANT DIRECTOR TO: Ray Belair FROM: Tom Hubbard, Recreation Director RE: Avalanche Development DATE: October 7, 2003 At the meeting of the Recreation Path Committee last evening, the Avalanche Development Project was discussed. The committee recommended a 20' easement for a recreation path along the property line near Hinesburg Road which would accommodate a 10' paved section of path providing a link within the recreation path network. MEMBER: VERMONT RECREATION AND PARK ASSOCIATION - NATIONAL RECREATION AND PARK ASSOCIATION General Office B .' i •: Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour Number of Studies: 234 Average 1000 Sq. Feet GFA: 216 Directional Distribution: 17% entering, 83% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.49 0.49 - 6.39 1.37 uata Plot and Equation 4, 000 (� CS ,,,.. X 3,000------------ ----- .................. U) , W a H U t ' a) 2,000 ---------------------- ----- ----- - ----- o) > X u � . X x X X X 1,000....... X- -X,;------- ------ ------------- -------------------------- Xx X X X -11 X X ; OF X X 0 Jr.0 1000 2000 3000 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: T = 1.121(X) + 79.295 R2 = 0.82 Trip Generation, 6th Edition 1054 Institute of Transportation Engineers z-. •, `Office Building Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, Peak Flour of Adjacent Street Traffic, One Flour Between 4 and 6 p.m. Number of Studies: 40 Average 1000 Sq. Feet GFA: 30 Directional Distribution: 27% entering, 73% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation &66 0.97 - 8.86 2.46 Data Plot and Equation 500 LA 41 400 ----- ----- ---- X.; ..X .' ------ ---- W CL 300 ' • ------------- X */ X 200 ---- ---- --- -- X H X ; X Xx X 100 --- X ; X X x .XX ; X X y X x X Xx X X X o X 0 10 20 30 40 50 70 80 90 100 110 120 X = 1000 Sq. F Gross Floor Area X Actual Data Points Fitted Curve ----- Average Rate Fitted Curve Equation: Ln(T) = 0.921 Ln(x) + 1.476 R2 = 0.78 Trip Generation, 6th Edition 1085 Institute of Transportation Engineers Michael Gravelin 1060 Hinesburg Road S. Burlington, VT 05403 October 1, 2003 City of South Burlington Attn: Ray Ealiar Dear Ray, This letter is regarding the office building project near my home at 1060 Hinesburg Road. Unfortunately I am unable to attend the meeting on October 7 h due to it being necessary for me to attend a meeting in Burlington. I will try and make it before the meeting adjourns if possible. My concerns are regarding the headlights. I don't believe there is adequate screening from the entrance and exit from the parking areas. I would like to make sure that the proposed lighting is shielded from my existing house. Because 1060 Hinesburg Road will eventually be changed to commercial, shielding could be a short term solution so it would not be extensive and costly. The existing trees on 1060 Hinesburg Road have grown to where they are not useful for screening and need to be removed to protect my existing house. I am asking for a fence or cedar hedge. Knowing that 1060 Hinesburg Road is commercial, when a building is proposed, there would have to be another access on to Hinesburg Road. My suggestion would be to leave access so the driveway could be used for both properties in the future. Thank you, Michael Gravelin DEVELOPMENT REVIEW BOARD 3 JUNE 2003 PAGE 3 Mr. Belair said an engineering firm has to design the drainage to comply with strict standards. They cannot make anything worse than it is today. He felt it would probably make an improvement. Mr. Lords said each home they build will have a perimeter drain to carry water away to the storm system. Mr. Rowe then showed more details of the stormwater collection system. He indicated that the pond will reduce peak flows. Mr. Bolton suggested adjacent homeowners have a chance to review the plans. Mr. Kupferman asked about coverage. Mr. Belair noted that Janet had made a mistake by using only part of the project for coverage calculation. Mr. Lords said coverage for the parcel is at 8.3% and with parking, etc., it is 17.6%. These figures are within the limits. Ms. Belisle then asked about traffic that will be diverted from Shelburne Rd. to Spear St. during construction. Mr. Dinklage noted that an extensive study is being done on this. Mr. Belair said one remaining issue concerns sewer pipes. The City Engineer is concerned with the capacity of older pipes in the area. This will have to be addressed at Final Plat. Mr. Belair recommended closing the hearing. Staff will draft a written decision for next meeting. Ms. Belisle asked when work would occur. She was concerned with a Apit@ in her backyard. Mr. Lords said they would start 60 days after they have all their permits. Ms. Belisle also asked about devaluation of her property during construction. Mr. Belair said she would have to talk with the Assessor about this. Mr. Kupferman moved to close the public hearing. Ms. Quimby seconded. Motion passed unanimously. 7. Sketch Plan #SD-03-29 of Avalanche Development for a Planned Unit Development consisting of a 9,448 sq. ft. medical office building and associated site development at 1050 Hinesburg Rd. The subject property contains approximately 1.21 acres and is located in the Industrial and Open Space District: Mr. Barone said the property is at the corner of Meadowland Rd and Hinesburg Road. They are planning a 2-story medical and general office building with parking. Both are allowed uses. There is a lot coverage issue which Mr. Barone said he learned about last week. Ms. Hoover is going to recommend an amendment but that can't happen till September. They could meet the current 40% lot coverage if they can get a parking waiver. They will have a wetlands specialist look at the property. There is no sign of standinwater on the property. g DEVELOPMENT REVIEW BOARD 3 JUNE 2003 PAGE 4 Mr. Dinklage said he was OK with a parking waiver if the applicant can get by with less parking, but he felt this should be looked at very carefully in case they later have to expand the parking. He said he would also support the effort to have access off Meadowland Dr. Mr. Belair noted there had been talk about putting in a parallel road behind all the buildings in this area. There is nothing in the zoning regs to require this and he didn't know how to deal with it. There would have to be an easement to connect to the property to the south. Mr. Dinklage asked if the Board can ask for a right-of-way dedication but have it contingent on the city wanting to activate it. Mr. Belair said they can. Mr. Dinklage felt it was worth thinking about. Mr. Barone was concerned that could make this is a non -conforming lot in the future. Ms. Hoover said if a lot becomes non -conforming because of a city action, the applicant would not have to pull up pavement, etc. Mr. Kupferman felt it makes sense to have a parallel road but it didn't make sense not to connect it to Meadowland Drive. Mr. Barone asked to combine Preliminary and Final plats. Mr. Belair said he had no problem, but everything must be in order. 8. Site Plan Application #SP-03-12 of Paul Choiniere for expanded paved vehicle display space and unpaved boat and boat trailer display space at 3017Williston Rd. The subject property contains 4.87 acres and is located in the Mixed Industrial and Commercial and Traffic Overlay Districts: Mr. Llewellyn showed the location of PJ=s and The Marine Collection. This property is located between them. Parking would be for PJ=s and additional display for boats and cars. Mr. Belair said he did not want to allow parking in the driveway connection. Mr. Llewellyn said they were OK with this. Mr. Belair noted there have been violations with boats outside of the display area. Mr. Llewellyn said this plan will remedy that situation. Mr. Belair suggested enclosing the display areas with a fence to eliminate the problem in the future. Mr. Belair said parking spaces don=t have to be delineated. He still wanted the 10% for islands. Mr. Llewellyn asked about curbs. He didn't feel they were needed. Mr. Belair said they are in the new regs and there is no waiver provision. The issue is drainage control. Mr. Llewellyn felt there would be better drainage without curbs. Ms. Quimby said she didn=t want to see a parking area with balloons and other intrusive advertising like Shelburne Rd. Mr. Belair suggested continuing until 5 July. Mr. Boucher moved to continue Site plat Application #SP-03-12 until 5 July. Ms. Quimby seconded. Motion passed unanimously. HORIZW �sayc VEM Mo KIEfaA ,11EST SL NAT" NORTH ELEVATION Es MHO — WAL LAP- L JL_JL JL ' MMHD(W WEU-S Covright2003 Gudlot YNhn VWmun AmhWws, kic GUILLOT VIVIAN VIEHMANN ARCHITECTS 284 S Union St Burlington VT 05401 802.862.3631 info@�gwarchitects.com AV)kLANCHE PROPERTIES S Burlington, VT scale: 1 "-1 /16" date: 30 July 2003 SHNOU21 s0*4 HOMOKM LW - says 0 i — — � VENEFA � State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist October 9, 2003 Avalanche Development LLC 600 Blair Park Suite #323 Williston VT 05495 AGENCY OF NATURAL RESOURCES Wastewater Management Division Essex Regional Office III West Street Essex Junction, VT 05452 Telephone: (802) 879-5656 RE: WW-4-1981, Avalanche Development Proposed 8,904sf building for office space with 15 employees and Med. office space 8 employees and 30 patients per day municipal water and sewer 644 gpd on a 1.21 acre lot., 1050 Hinesburg Road, South Burlington Dear Applicant: We received your completed application for the above referenced project on September 29, 2003, including a fee of $189.80 paid by check #107. Under the performance standards for this program, we have a maximum of 45 days of "in-house" time to review your application. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office. PLEASE SUBMIT AN ADDITIONAL CHECK MADE PAYABLE TO THE STATE OF VERMONT IN THE AMOUNT OF $14.49 FOR THE TOTAL FEE. We have forwarded the information contained in your application to the Information Specialist for this region. A Project Review Sheet will be sent to you indicating other state agencies and departments you should contact regarding additional permits or approvals you may need under their programs. If you have not already done so, you should also check with town officials about any necessary town permits. For the Division of Wastewater Management Irene Roberge DEC Regional Office Coord cc: South Burlington Planning Commission O'Leary -Burke Civil Associates AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bcibuild@netscape.net) October 2, 2003 Ray Belair S. Burlington Planning and Zoning 575 Dorset Street S. Burlington, VT 05403 Ray, Enclosed you will find correspondence from the Agency of Natural Resources and Enviromental Board. Please include this as part of our application for Avalanche Development, LLC. Please do not hesitate to contact me if you have any further questions. Sincerely, Kim Preavy Project Coordinator Enc. el I AGENCY OF NATURAL RESOURCES (ANR) AND ENVIRONMEN i AL BOARD (ACT 250) PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # DEC PERMITS PRE -APPLICATION REVIEW RESPONSE DATE PENDING APPLICATION # _ DISTRICT 4 TOWN South Burlington PIN # OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: NAME: Avalanche Properties c/o Russ Barone NAME: O'Leary-Bur10 Civil Associates, PLC c/o Dave Burke ADDRESS: 600 Blair Park Road, Suite 323 ADDRESS: 5 Andrew Avenue, Suite 5 Williston, VT 05495 Essex Junction, VT 05452 TELEPHONE: TELEPHONE: 8021878-9990; (fax) 878-9989 Based on a written request from Dave Burke received on September 11, 2003 a project was reviewed on a tract/tracts of land of 1.21. acres, located on Hinesburg Road . The project is generally described as: The construction of an 8,904 sf offlce building with 30 parking spaces and municipal water and sewer. Prior Permits From This Office: no Act 250 found PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION [ I I hereby request a jurisdictional opinion from the District Coordinator or Assistant District Coordinator regarding the jurisdiction of 10 V.S.A.. Chapter 151 (Act 250) over the project described above. (see above explanation of request and attached written request) Landowner/Agent, ANR Permit Specialist, Other Person (Circle one) 1. ACT 250: THIS IS A JURISDICTIONAL OPINION BASED UPON AVAILABLE INFORMATION, AND A WRITTEN REQUEST FROM THE ANR PERMIT SPECIALIST, THE LANDOWNER/AGENT, OR OTHER PERSON. 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? commercial Has the landowner subdivided before? When/where/# of lots AN ACT 250 PERMIT IS REQUIRED: YES XX NO COMMENTS: Copies sent to Statutory Parties: YES XX NO The proposed project does not constitute construction of Improvements for a commercial purpose on greater than 10 acres under EBR 2(A) and, therefore, does not require Act 250 review. SIGNATURE: ZS�r DATE: IS L'S ADDRESS: Environmental Commissions Districts #4, 6, & 9 StiphanleR A. Hasson 111 West Street, Essex Junction, VT 05452 District #4 Coordinator Telephone: (802)879-5614 DASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED K YES NO Wastewater System & Potable Water Supply Permit _ Notice of Permit Requirements EPR 1-403 Floor Drains to a UIC well REGIONAL ENGINEER ASSIGNED: Ernest Christianson (879-5675), Jessanne Wyman (879-5673), William Zabiloski (879-5672), Dolores LaRiviere (879-2341) SIGNATURE: DATE: " ADDRESS: AGENCY OF NATURAL RESOURCES �c Environm t s stance Division, Permit Specialist Telephone: (802)879-5676 DEPT. OF ENVIRONMENTAL CONSERVATION 7� Wastewater Wriagement Division Telephone: (802)879-5656 111 WEST STREET, ESSEX JUNCTION, VT 05452 OVER»»»»»» AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bcibuild@netscape.net) September 29, 2003 Ray Belair S. Burlington Planning and Zoning 575 Dorset Street S. Burlington, VT 05403 Ray, Enclosed you will find correspondence from the South Burlington Water Department. Please include this as part of our application for Avalanche Development, LLC. Please do not hesitate to contact me if you have any further questions. Sincerely, t�k-Y1'L Kim Preavy Project Coordinator Enc. SOUTH BURLINGTON WATER DEPARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 September 19, 2003 Mr. Russell Barone Avalanche Development LLC 600 Blair Park Road, Suite 323 Williston, VT 05495 RE: 1050 Hinesburg Road Dear Russell: In response to your request as to the capability of the South Burlington water distribution system to supply water to the above referenced project we submit the following: 1. Water storage is located at the 1.5 million gallon South Burlington East Tank off Dorset Street in South Burlington. 2. Your water supply requirement for this proposed project (including 5,000 square feet of medical office, and 3,004 square feet of general office space) can be furnished by this Department without restricting or encumbering present users. 3. Water is supplied to the referenced area through 12" distribution water mains. 4. This letter of availability is valid for a five-year period commencing on today's date. If you have any questions or I can be of further assistance, please do not hesitate to call me. Sincerely, South Burl_inaton Water Department 1011L Jay adeau Superintendent Cc. J. Fay D. Pratt C. Hafter AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bcibuild@netscape.net) Ray Belair, South Burlington Administrative Officer & South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 October 7, 2003 Ref: Added information to my Preliminary & Final applications for an 8904sgft commercial building at 1050 Hinesburg Road per the staff comments. Dear Ray & DRB, The following information is being submitted in response to the staff comments I received on Monday, October 6, 2003. I have only included information for the items that staff has noted as incomplete. Please include the enclosed information during your review of my application this evening. First a correction under (C); Staffs comment regarding a sidewalk along the southern boundary is incorrect. The note on the plans is referring to the detail of my west side entrance and was inadvertently left on the plans and will be removed. I do not believe we trigger the need for a sidewalk as we are constructing a new private driveway and Section 15.12(M) requires sidewalks for new arterial, collector and local streets. (I) Indirect Glare; I will make simple adjust the height of the building mounted lights and the wattage of the south side pole lights to meet the maximum and minimum foot candles as described in Appendix A.10. Also note that we are installing cutoff shields on the pole lights along the south side to protect the neighboring house. I am respectfully requesting that the DRB condition an approval allowing Staff to review and verify that the appropriate corrections have been made. (I) Utility Cabinet; No utility cabinets are needed as all utilities are running directly to the building. Site Plan Review Standards: (a) Table 13-2 in Section 13.01 (B), Parking Spaces; as mentioned in my cover letter I am requesting a waiver of 6 parking spaces but staff calculated the need at 7 spaces. See my August 27, 2003 cover letter. (C) (E) (F) I have enclosed a reduced copy of the exterior elevations for your review. I will have interior floor plans to share with you at your request. The exterior finish materials will be of earth tone colors and are as follows; Architectural shingles or standing seem metal roofing; Painted wood exterior trim boards as shown on elevations (color TBD); Vinyl shakes and horizontal siding as depicted on the elevations (color TBD); Stone veneer covering the lower foundation on the north, south & east sides as depicted on the elevations; Additional Review Standards: (a) Access for owner to south; the property owner to the south currently has an existing access off RT 116. I will be glad to discuss any future access issues with said neighbor at the time said neighbor submits plans to develop their property. Perhaps any future access should be on the property to the south to increase the distance from the intersection with Meadowland Drive. Landscaping: 9. Curbing; the parking areas were specifically designed without curbing to allow for treatment of stormwater runoff from the paved parking surface. Please note in the sheet 1 & sheet 4 show a stormwater collection system for the parking area parallel to the building to help remove sediment from the runoff before it enters the detention pond. Curbing would eliminate the treatment process and dump runoff directly into the detention pond. Section 13.06 (B) 2 (b) gives the DRB the authority to waive the curbing requirement to provide for stormwater runoff treatment as we are showing. 10. Snow Storage; my engineer neglected to note snow storage along the detention pond and at the eastern most portion of the property. I will add this note to the plans prior to the final plat being recorded. Please keep in mind that the curbing mentioned above would also create an issue with snow removal causing said curbing to be damaged. I am respectfully requesting that the DRB condition an approval allowing Staff to review and verify that the appropriate corrections have been made. I believe this covers all the information requested by staff in the staff comments. I would again respectfully request that the DRB grant preliminary & final approval of my PUD application with any conditions you see fit and that the DRB authorize staff to review any conditions prior to final plat being recorded. Sincerely, Russell Barone Acting Partner, Avalanche Development LLC. 6" EXTENDED POLE MOUNT 12' (305 mm) BULLETIN MAC2-12" AREA C JTOFF FLOOD SPEC. # WATTAGE 50W MH M-- 70W MH 100W MH 175W MH 35W HPS 50W HPS RUUD LIGHTING CATALOG # MAC2405-D —(") MAC2407-D"I MAC2410-D __�") MAC2417 (a)_ MAC2503-1"I MAC2505-0 (") 70W HPS MAC2507- 10OW HPS MAC2510- (al "I 15OW HPS MAC2515- (a) (b) Specify (a) Voltage, and (b) Options. (a) VOLTAGE M=120/208/240/277V (N/A on 50-t00W MH & 35, 50W HPS) T= 1 20/277/347V (N/A on 50-100w MH & 35, 5oW HPS) 1=120V (Reactor Ballast) (For 50-15OW HPS) 5=480V (N/A on 50-100W MH & 35, 50W HPS) 50D=220/240V 50 Hz (N/A on 50, 70W MH & 35W HPS) 8=220V 60 Hz (N/A on 50W MH & 35, 50W HPS) (b) OPTIONS (Factory Installed) F=Fusing Q=Quartz Standby (Includes loow quartz lamp) (non delay -relay type) -(a)P=Button Photocell -5P=External Photocell (forMOV) Ballast - Housing. Reflector. Seamless, Prefinished semi specular die cast aluminum. diffuse & diffuse aluminum Capacitor Finish color; bronze. wrapper, and semi specular aluminum sides. Ignitor (Where required) 6" (152 mm)— a 12" (305 mm) — Lamp (Included). 5" (127 mm) 17 ° — Lamp - holder Cord. Adjustable 24" (610 Backlight mm long). Shield. 0° to 30°. Extended - Ballast -- Pole Mount. Compartment — Lens Frame. Y Finish color; bronze. Cover Die cast aluminum door frame secures Patented lens; sealed with Hinge silicone gasket. Assembly Finish color; black. GENERAL DESCRIPTION: 601 forward throw sharp cutoff luminaire with adjustable backlight c r H.I.D. lamp, totally Backlight shield provides precise cutoff adjustability fro 0° (na enclosed.( di to 30° (house -side)., Housing is seamless, die cast aluminum. Lens assembly consists of ri—gildlaTuminum frame, high - impact, clear tempered glass, and backlight shield. Mounting consists of a 1.7511 (44 mm) wide by 2.5" (64 mm) high by 6" 0 52 mm) long extruded aluminum arm. The arm is held in place with two 5/16" (8 mm) - 18" (457 mm) mounting rods fastened to a steel backing plate inside the pole, and by two nuts inside the fixture housing. Mounting rods are provided with sealing washers to prevent water leakage. ELECTRICAL: Fixture includes clear, medium base lamp. Porcelain enclosed, 4kv rated screw shell type lamp holder. All ballast assemblies are high power factor and consist of the following: 50-100W MH & 50W HPS: Dual -tap (in U.S.: 120/277V; in Canada: 50W MH & 50W HPS= 120/277V, 70 & 100W MH=120/347V) High Reactance ballast. 175W MH: Constant Wattage Autotransformer, see voltage options. 35W HPS: 120V Reactor ballast. 70-15OW HPS: High Reactance ballast, see voltage options. FINISH: Exclusive DeltaGuardTM finish features an E-coat epoxy primer with medium bronze acrylic powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. The finish is covered by our 7 year limited warranty. LABELS: ANSI lamp wattage label supplied, visible during relamping. UL Listed for wet locations and enclosure classified IP54 per IEC 529; in Canada, CSA Certified or Canadian UL Listed for wet locations. ::"'�5`:�Y:`S' � .. ✓ . � • �•• , ,2 = Wire GivaFd I Y Y V- I i CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 30, 2003 \drb\sub\avalanche\final.doc Plans received: September 29, 2003 AVALANCHE - PLANNED UNIT DEVELOPMENT SKETCH PLAN APPLICATION #SD-03-29 Meeting date: October 7, 2003 Owner Applicant Linus & Sue Wiles Avalanche Development, LLC 286 Longmeadow Drive 600 Blair Park Road, Suite 323 Shelburne, VT 05482 Williston, VT 05495 Engineer Property Information Chris Haggerty Tax Parcel 0860 01050 L O'Leary -Burke Civil Associates, PLC Volume 73/74, Page 352/128 5 Andrew Avenue, Suite 5 10 District Essex Junction, VT 05452 ±1.21 Acres Location Map sl y X. y w., a e NOTE: Mapped wetland data are not necessarily locally accurate and require field verification. I CITY OF SOUTH BURLING / ON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc Avalanche Development, LLC, hereafter referred to as the applicant, is requesting preliminary and final plat plan approval of a Planned Unit Development consisting of an 8,904 sq. ft. medical office and general office building and associated site development at 1050 Hinesburg Road. The subject property contains approximately 1.21 acres and is located in the Industrial and Open Space (10) District. The sketch plan of this project was reviewed by the Development Review Board on June 3, 2003 (minutes enclosed). Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 30, 2003 and have the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements 10 Zoning District Required Proposed 4 Min. Lot Size 3 acres 1.21acres 4 Max. Building Coverage 25% 10.03% Max. Overall Coverage 40% 39.4% �l Min. Front Setback 50 ft. >40 ft. Min. Side Setback 35 ft. >15 ft. Min. Rear Setback 50 ft. >30 ft. Max. Building Height 40 ft. 36.5 ft. zoning compliance + preexisting noncompliance PLANNED UNIT DEVELOPMENT STANDARDS Section 15.13(F) of the Land Development Regulations requires that the PUD meet the standards of the Vermont Stormwater Management Manual. I- Stormwater drainage plans must demonstrate compliance with the Vermont Stormwater Management Manual, pursuant to Section 15.13(F) of the Land Development Regulations. Pursuant to Section 15.18 of the proposed Land Development Regulations, PUDs shall comply with the following standards and conditions: (a) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. Pursuant to Section 15.13(B)(1), municipal water service must be extended to serve the proposed development. Prior to final plat approval, the applicant must obtain final water allocation approval from the South Burlington Water Department. The South Burlington Water Department has reviewed and approved the plans. The applicant has i CITY OF SOUTH BURLING i ON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc received water allocation from the South Burlington Water Department (see attached letter dated September 19, 2003). The applicant has obtained wastewater allocation approval from the Director of Planning and Zoning, Juli Beth Hoover (attached). (b) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. (c) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the project is proposed via a 20' wide two-way private driveway off of Hinesburg Road. The applicant has received permission from the Vermont Agency of Transportation to construct the proposed access in the State's right-of-way, conditional upon local approval (see attached letter dated July 25, 2003). As the project conforms with Section 15.12(C)(3) of the Land Development Regulations, a private driveway is sufficient. The plans also show a 5' wide sidewalk along the southerly boundary of the proposed roadway, which conforms to Section 15.12(M) of the Land Development Regulations. At the sketch plan stage, the DRB asked the applicant to explore the possibility of obtaining an easement to provide access to the project off of Meadowland Drive. The applicant attempted to do so, but was unsuccessful. A letter from the adjacent property owner, Mr. Peter Pollak, is attached. Circulation is two-way throughout the site and staff believes the circulation plan is adequate. ITE estimates that the proposed project will generate 28.5 PM peak hour trips. The general office building will generate 5.4 PM peak hour trips and the medical office will generate 23.1 PM peak hour trips. Staff's worksheets are attached. At this time staff does not feel the calculated PM peak hour trips will require any special traffic management strategies. (d) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. The City Wetlands Map indicates that there are wetlands on the southeast section of the subject property. During the sketch plan stage, the DRB requested the applicant to submit a clear delineation any wetlands on the site and their associated buffer, in accordance with Section 12.02 of the Land Development Regulations. The plans received on September 29, 2003 do not depict any wetlands or associated buffers. The applicant has stated that Cathy O'Brien Wetland Consulting has surveyed the property and determined that the wetlands depicted on the City's Wetland Map are actually on the neighboring I CITY OF SOUTH BURLING , JN 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc property, further to the south. The applicant's wetland consultant has suggested that the subject property encroaches approximately 5' into the required 50' wetland buffer, but no development is proposed in this buffer (see attached letter dated June 18, 2003). (e) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning districts) in which it is located. According to Section 6.04 of the Land Development Regulations, the 1-0 District is formed to provide suitable locations for high -quality, large -lot office, light industrial, and research areas in the City with access to major arterial routes and Burlington International Airport. The 1-0 District regulations and standards are intended to allow high -quality planned developments that preserve the general open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. Staff feels the proposed project meets conforms to the stated purpose of the 1-0 District. (f) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. No streams occur on the subject property. Staff feels the proposed project has been designed to provide adequate open space. (g) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Chief Doug Brent has reviewed the plans. 3. That applicant shall comply with the requests of the South Burlington Fire Department, as outlined in the letter from Chief Doug Brent dated October 3, 2003 (attached). (h) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. The South Burlington Recreation Path Committee will be reviewing the proposed project to identify a potential location(s) for a public recreation path segment to extend the existing path. Their recommendations will be available at the DRB meeting. (i) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. The proposed project is to be served by a driveway off of Hinesburg Road, which complies with the requirements of Section 15.12(C)(3) of the Land Development Regulations. The outdoor lighting plan must comply with Section 13.07 of the Land Development Regulations. The plans show four (4) 100 watt metal halide building -mounted lights at 12' above ground -level and four (4) 100 watt metal halide pole -mounted lights at 20' above ground. The proposed exterior lighting complies with Section 13.07 of the Land Development Regulations. The applicant has submitted detailed lighting cut -sheets (attached). Pursuant to Appendix A.10 of the Land Development Regulations, the CITY OF SOUTH BURLING ► vN 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \d rb\sub\avalanche\fi nal. doc applicant must indicate that the indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and 0.1 foot candles average. 4. The plans shall be revised to show compliance with Appendix A.10 of the Land Development Regulations prior to final approval. The plans do not show the location of the utility cabinet. The City Engineer has reviewed the plans revised on September 26, 2003. 5. The plans shall be revised to show the utility cabinet(s) clearly labeled and appropriately screened, pursuant to Section13.18 of the Land Development Regulations, prior to final approval. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7. The applicant shall comply with the requests of the City Engineer, as outlined in his comments dated September 12, 2003 (attached). (j) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project is in conformance with the Comprehensive Plan. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the Land Development Regulations, any PUD shall require site plan approval. Section 14.06 establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. Staff feels the project accomplishes a desirable transition from structure to site and from structure to structure. The applicant has submitted an adequate landscaping plan. The South Burlington Recreation Path Committee will be reviewing the proposed project to identify a potential location(s) for a public recreation path segment to extend the existing path. Their recommendations will be available at the DRB meeting. The plans depict this 5 wide sidewalk along the proposed roadway to connect the development to Hinesburg Road According to Table 13-2 in Section 13.01(B) of the Land Development Regulations, the proposed project requires a minimum of 39 parking spaces (12.6 for the general office space and 26.5 for the medical office space), 2 of which must be handicapped -accessible. The plans show a total of 32 parking spaces, which is a shortfall of 7 total spaces. 4 of these paces are handicapped - accessible. The applicant has stated that he is requesting a parking waiver of 7 spaces, or 18%. According to Section 13.01(N) of the Land Development Regulations, the Development Review Board may grant parking waivers up to 25% if they feel the land use or structure is adequately served by off-street parking. I CITY OF SOUTH BURLING ► vN 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\avalanche\fi nal. doc These parking spaces conform to the design requirements outlined in Table 13-8 of the Land Development Regulations. Section 13.01(G)(5) requires that bicycle parking or storage facilities are provided for employees, residents, and visitors to the site. Two (2) bicycle parking facilities are shown on the plans. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is located at the rear of the proposed building, so staff feels this requirement is met. (c) Without restricting the permissible limits of the applicable zoning district the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The scale of the proposed buildings is compatible with the site and existing buildings in the area. The height of the proposed building is 36.5', which is under the 40' height maximum for pitched - roofs in the City. However, it is over the 35' maximum for flat roofs in the City. The applicant has not indicated whether the roof of the proposed building will be flat or pitched. If the roof is flat, the applicant will need to obtain height waiver of 1.5', pursuant to Section 3.07(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already noted that the utility lines must be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. No information on architectural elements was provided. 8. That applicant shall submit architectural details prior to final approval. (f) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. Again, details of architectural elements need to be provided prior to final approval. In addition to the above general review standards, site plan applications shall meet the following specific standards as set forth in Section 14.07 of the Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. CITY OF SOUTH BURL/NV. JN 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc As noted already, the DRB asked the applicant to explore the possibility of obtaining an easement to provide access to the project off of Meadowland Drive. The applicant attempted to do so, but was unsuccessful. A letter from the adjacent property owner, Mr. Peter Pollak, is attached. Staff recommends that the applicant be required to provide the property owner to the south an access easement to facilitate access between the two (2) properties. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already indicated that utility lines must be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). The plans depict a dumpster on the eastern side of the property, adjacent to the parking lot. Sheet 2 of the plans show the proposed dumpster screened with 8 Sunkist Arborvitae. Landscaping Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to site plan and PUD review. Section 13.06(B) requires parking facilities to be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers. Staff feels the landscaping around the parking areas is sufficient to meet this requirement. 9. That parking areas shall be curbed. 10. Pursuant to Section 13.06(B) of the Land Development Regulations, the plans shall be revised to show adequate internal landscaping of parking areas prior to final approval. Staff notes this may pose a problem with the project as proposed because it has already reached its maximum overall coverage and the parking lot dimensions meet the minimum requirement of the Land Development Regulations. Pursuant to Section 13.06(B)(4) of the Land Development Regulations, snow storage areas must be shown on the plans. The plans do not show snow storage areas. 11. The plans shall be revised to clearly depict adequate snow storage areas prior to final approval. Landscaping budget requirements are to be determined pursuant to Section 13.06(G)(2) of the Land Development Regulations, and shall be prepared by a landscape architect or professional landscape designer. Based on the proposed project costs, the minimum landscape requirement is $10,000. The applicant has submitted a landscape plan and landscape budget (attached) that indicates $12,223 of landscaping is proposed for the site. The City Arborist reviewed the plans I CITY OF SOUTH BURLING`►.�N 8 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\final.doc 12. The applicant shall comply with the request of the City Arborist, as outlined in his letter dated October 1, 2003 (attached). Other 13. Pursuant to Section 15.17 of the South Burlington Land Development Regulations, the applicant shall submit a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney. 14. The information provided in the "dimensions table" on sheet 1 of the plans shall be changed to show the accurate maximum allowed overall coverage of 25%, prior to final plat plan recording. 15. A perimeter survey plat of the property shall be submitted. Staff recommends that the Development Review Board continue Preliminary Plat Plan Application #SD-03-62 and Final Plat Plan Application #SD-03-63, until the applicant addresses the numbered items in the "Comments" Section of this report to the satisfaction of Staff. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Chris Haggerty, O'Leary -Burke Civil Associates Avalanche Development, LLC, Applicant U J f1 In 03 (O U 0 En t--1 -r, U a3 L I T L (O CU J O m 0 CD Cu M LLB r:6 c0 Cu 0. O3 L LL cn 3 Z Q J I O m CD Cn m C:) O CU CT 3 0 U / i E%1lTIN6 6A5 LMM aLi\ 1fealovi�lard Drive; I I r b I 1 ! / i i i i i i i i 1• / /gxo"e 14M MAN Cl �v // _L _ _ /� / / 1 1 \ \ { 1 / / / / i i / i C01IGIeems1e�• 7ew- IglnTwel A 1 "v l / 1 I V I / / / �� //� i� A• CX" . Boar 7e°3 IN»rl rwsE coNc. *ELF), AR LOO rRAME SE ae To wiz 1 A A / I IKw wdoo5 I / / / i� / l/-- wRe rnre FtaVCE UOER61f/AN / / r OAYlxglf INTO f010 I/ / I :%% ' - / iTop/orNG. OF LO MR& /4yuy /1 -_ uI�C.OerAu / w1�Afxr. 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I q 1 I 1 / -ff/ / IS SPACES I 1 --- - ,\� I j L W taw x IS Wce x 4W4= THAN OW OETARII � / � I / / � I i \ \ 1 1 � w • 77i1 I m �6- r L �jP wurlw 1' /ru»N / 1 o _ Ls4°° / / I eu'OO)D x 'x i I 1 I I I I I I 1 I I / / 1 1 n• rorev avr• nei0 ! / I - - ►Ra rY Lwt x.'-------------- 1 - - I i -700----- / I ----_-'°' -------- ew5rw Location Plan Nana zONEO, RGUSTRIAL , OPEN SPACE a-01 N.T.S I p 1 1 I I LAIC U5E AREA X OF TOTAL MAX ALLOWED OUILOW& 5.304 5.F. 10.03% 30t f%DG_ PAKK* 7o.75o SF. 3t241 401 OPEN SPACE 32171 5F. 60.762 60E MRt TOTAL 52874 S.F. 1002 WA REQUIRED rAKKIWW 38 SPACES O'EIL STAFF REVIEW) REQUIRED rAKKB4C7- 35 SPACES - 25Z • 90 SPACES TOTAL SrACE5 PROPO5EG 32 5rACE5 1 APPLICANT AVAL.ANCYE DEVELOPMENT. LLC C/O KU55 DARONE 600 GLAIR PARK ROAD, SUITE 323 WILLI5TOR VT 05495 TWE CONTRACTOR SHALL NOTIFY-MOSAFE• AT 1-855-010-SAFE PRIOR TO ANY EXCAVATION. GRAPHIC SCALE s q s M IaF,w) I Ilea a EO R IX15Tw GRADE CONTOU( 1O ExnTw 6RAOE COKrOLIt 7 ExnTR4 TREEL/! fNRSN GRAM CONTOM "07E' l IM MOFO(TT LM$ STORM ON THM FJ WEM CSTA01.1gm FROM A FLAN ORI7L9D TOIL VFJOgIff IRRI' 1 TIM tam AL15 a dw ON AN A55Um DATLM OF GM WAR N/t5W" ROAD. ,,.I' II11 .,, , T �•6• �Y'I O AMOfgRrR O AiARIMf C3 \�`y AMR ssxNE� =.• �n "` O'LEARY-BURKE \�•' ,._2. CIVIL ASSOCIATES, PLC fYLL ATMN ^i1aiancne Properties zRDed SDuth /iur"nzSDuth Bur"nz Site Plan 1 LIAI CITY OF SOUrT17H BUIRL2JIGTON DIEFARTP=77 OF P1z0TDTU,,JG I& ZJONUITG 575 DORSET STREET SCL771H BUTMINGTON, VEa0/fO11TT 05403 (802) 846-4106 74A7 (Rn9) RAP-A101 �-41) Permit Number SD- () APPLICATION FOR FINAL SUBDIVISIOT',T PLAT REVIEW All information requested on this application must 1,)e completed in -fUfl. Failure to provide the requested infbrrnation 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. 4) OWNER OF RECORD (Name as shown on deed- mailing address, phone and fax o'C'Y-1 ";*> -_ 2) LOCATION OF LAST RECORDED DEED (Book and page 9) i�6( A'� t 4) COt-,7ACT PERSONIT (Nai-ne., mailing address, phone and fax 4) !�? )s tEr-AJ 5) PROJECT STREET ADDRESS: 6) TAX PARCEL M 9 (can be obtained at Assessor's Office) c::',> k0-,e- 0 1- 7) PROJECT DESCRIPTION a) Existing Uses on Property (incl and size of each separate use) b) Proposed Uses on prorertv (include description and size of each new remain} �4 - 0 M " J, ""4 "', uses to c) To-tal'building square footage on properti fZrgposed buildings'aqd existi buildings to remain) 2101-t le4fq Li6�.IZY d)height ofbuliding&number -ol'T,Ioors( Jroposedbuiidintzsa-pdeNistiji2buildiii stor in, 11) ec, g'e � :2S if basement and mezzanine) —4 e) Number of residential units (if applicable, new units and existing units to remain)--4- -F, )Y'ramber of I employees):� a" Other any other infor-ma pertment Lo this application not speciflcailyrequested above, please note if Overlay Districts are appEcabie): 00), ILO CO-VaRA-GE a) Building: ExistLng % pfomsed lcol3 I * b) Overall (building, pars ,,3& outside storage, etc) 2dstin Eg K1 oMo Proposed 1 �,L-Q,/o V S- -o ro o ed Mo 2/0 c) Front yard (along each s.-cet) E:dsting-0011 — 9) COST ESSMIA:TES a) Building finch-lding interior reno-imtions): g I b) Landsc*ng-. 1272 L,) i C) el site imprqvements (please list with co st): ?, V; Y, Pr - )I - 10) ESTB4A= IRAFFIC a' Average dmly4 zaff,,c for entire property (in and out): b).A-2\/L Peak Hour for entire property (in and out): c) -PM. Peak hour for entire property (In and out (CI 11) PEAK HOB OFOPERATITON: 11) PEAX DAYS OF OPEILALTION: 13) ESTMAA= PROJECT COMPLETI ION D-ATER: 14) PLANS AND FEE Plat plans shall be submitted -which shows the inLorrmaton listed on E,-diibit A attached. Five (5) regular size copies and one reduced copy (I I " x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City a:t the time :)f submitting the final piat application (seee RdnWit A). T hereby certify that all the -information e. re as part of this application has been submitted and is to the the best of my knowiedg1 7 // SIGN 7,JRE, OF APPLICANT �T -�NA�-fU�E OF FROPEATT OWNER Do not mite below this line DATE OF SUBNESSION: I ha-ve reviewed this final plat application and find it to be: Complete 1-17 El incomplete of Planning,& Zoning or Designee Date =HEIT A -7,NAI, PL.t!J 7-ne lFbilowing information -inust be shownan the plans. Please submit Eve (5) copies and one reduced ropy (I I " x 17") of the plan. Failure to provide the allowing information ,-Vill result in your application being rejected and a delay in the re-iiew before the Development Review Board- If submitting a final plat amendment, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. • Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). • -XTame, license number, seat, and contact number of licensed land surveyor & date prepared. • Survey data (acreage, property lines, zoning boundaries, watercourse, base flood elevation, etc.' ) • Location of easements, pubiic lands, 1% 0. IV. 3, sidewalks, and public or private street (W/naMeS) • Five foot contours (existing and finished) • Location and size of any emsting sewers (including septic tanks' and water maims, culverts and drains on the property to be subdivided. • Location; names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, .easements, parks, and other public opens spaces. • Numerical and graphical scale, date last revised, and north arrow. • Details of proposed connection with t,-dstiing water supply or alternative water supply. • Details of proposed connection with theix-disting sanitary sewage disposalsystern or a&quate provisions for on -site disposal of septic wastes. n- Details ofst im, r T' rde. onn of a To - orm 4W_ lacjE -5 in tht�, f - d- ainage plan, • Details of ail proposed bridges or culverts. • Location of temporary mark-ers. • All parcels of land proposed to be dedicated or reserved for public use and associated conditions. • A list of waivers desired Of any). • Development timetable (including number of phases and start and completion dates). • A report addressing planned residential/unit development criteria of the Zoning Regulations. • Proposed 'landscaping schedule (number, variety and size). • Location of abutting properties, fire hydrants, exiisting buildings, existing landscaping • Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) • 1,,Tumber and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) • Lot coverage information: Building footprint, total lot, and front yard • Exterior lighting details (cut sheets). All lights should be downcasting and shielded. • Dumpster locations (dumpsters must be screened) co Bicycle Tack as required under Section 26.253(b) of the zoning regulations o If —e-staurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE [I Final PlatApplication S 85.00* !� includes 3 10. 00 -ec_-riling.1ee r Permit Number SD- 0-3 - CD CITY OF SOUTH BURLIIeTGTON APPLICATION FOR PRELIM/ FNARY SUBDIVISION PLAT REVIEW 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. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) 2) LOCATION OF LAST RECORDED DEED (Book and page #) u6( -� 3 q I 3) APPLICANT (N�e, mai g address phone and fax #) ( 6 LI D�L..(! J 4) CONTACT PERSON (Naive, mailing address, phone and fax #) S-_/))-I /- _ c '7-- _ _ [7�') - 2 l nI, 5) PROJECT STREET ADDRESS: 6) TAX PARCEL ID # (can be obtained at Assessor's Office)y%!�:) U LOS-O L 7) PROJECT DESCRIPTION a) Existing,Uses on Property (including description and size of each separate use) b) Proposed Uses on property (include c remain) g`10 Lt ti Ft /0 c) Total building scum footage on property (pi d) Height of building & numbe of if basement and mezzanine) and size of each new use pnd,& ' ' uses to and 9xisting buildings to remain) (proposed buildings an� existing buildings to r -- �C>, S 1I1.1. 1. 2— /s e) Number of residential units (if applicable, new units and existing units to remain) f) Number of ern loyeess & mpany vehicles (existing and proposed, note o e versus employees): ( �1� 1 g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): h) List ny c an es t the subdivisi�ch s asp erty lines, n ber of units, lot mergers, e �� h� N� 8) LOT COVERAGE to,o3 a) Building: Existing % Proposed% b) Overall (building, parki , outside storage, etc) rl Existing% Proposed 3-11t% c) Front yard (along each street) Existing-0-0/0 Proposed 16 % 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost); ��L o 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): �C> b) A.M. Peak hour for entire property (in and out):_ /5 —, c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: �o/�itL 13) ESTIMATED PROJECT COMPLETION DATE: t� 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" x 17") 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). 9 I hereby certify that all the information requested as accurate to the best of my knowledge. / 1111 Z IN rj• a 1013 . . of this application has been submitted and is Do not write below this line DATE OF SUBMISSION: 9/1?> I have reviewed this preliminary plat application and find it to be: L ComP lete ❑ Incomplete of Planning & Zoning or Designee Date EXHIBIT A PRELIMINARY PLAT The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I I" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o Complete survey of property by a licensed land surveyor drawn to scale (20 ft. is preferred). o Name, license number, seal, and contact number of licensed land surveyor & date prepared. o Survey data (acreage, properly lines, zoning boundaries, watercourse, base flood elevation, etc.) o Location of easements, public lands, r.o.w.s, sidewalks, and public or private street (w/names) o Five foot contours (existing and finished) o Location and size of any existing sewers (including septic tanks) and water mains, culverts and drains on the property to be subdivided. o Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks, and other public opens spaces. o Numerical and graphical scale, date last revised, and north arrow. o Details of proposed connection with existing water supply or alternative water supply. o Details of proposed connection with the existing sanitary sewage disposal system or adequate provisions for on -site disposal of septic wastes. o Details of storm water facilities in the form of a drainage plan. o Details of all proposed bridges or culverts. o Location of temporary markers. o All parcels of land proposed to be dedicated or reserved for public use and associated conditions. o A list of waivers desired (if any). • Development timetable (including number of phases and start and completion dates). o A report addressing planned residential/unit development criteria of the Zoning Regulations. o Proposed landscaping schedule (number, variety and size). o Location of abutting properties, fire hydrants, existing buildings, existing landscaping o Number and location of parking spaces ( see Section 26.25 of the Zoning Regulations) o Number and location of handicapped spaces (see Section 26.253(a) of the Zoning Regulations) o Lot coverage information: Building footprint, total lot, and front yard o Exterior lighting details (cut sheets). All lights should be downcasting and shielded. o Dumpster locations (dumpsters must be screened) o Bicycle rack as required under Section 26.253(b) of the zoning regulations o If restaurant is proposed, provide number seats and square footage of floor area provided for patron use but not containing fixed seats APPLICATION FEE ❑ Preliminary Plat Application $ 75.00 & $10 ❑ Additional Fees for Major Subdivisions Residential Major Subdivision Unit Fee $5 per unit All Other Major Subdivision Unit Fees $40 per lot A AVALANCHE Development LLC. C/O Barone Construction Inc. 600 Blair Park Road — Suite 323 Williston, VT 05495 Phone: (802) 878-0226 (Email: bcibuild@netscape.net) Ray Belair South Burlington Administrative Officer 575 Dorset Street South Burlington, VT 05403 August 27, 2003 Ref: Preliminary & Final applications for an 8904sgft commercial building at 1050 Hinesburg Road. Dear Ray, I am submitting my applications for preliminary and final approval of my PUD to construct an 8904sgft commercial building on a 1.21 acre lot known as 1050 Hinesburg Road. The property is located in the IO district and will be served by municipal water and sewer. I believe this application to be complete, as I have addressed all the issues raised during my sketch plan approval of June 3, 2003. I have made a couple of modifications to the site plan based on information I have received from City Planner Julie Beth Hoover regarding future lot coverage in the IO district. Julie Beth has informed me that the Planning Commission is going to re -visit the reduction in lot coverage in the IO district and based on Julie Beth's recommendation I have moved the building location further to the east off Hinesburg Road and rearranged the parking to accommodate a possible future expansion. I am also requesting a modification of the parking requirement as stated in appendix A of the South Burlington Zoning Regulation. Regulation 26.256 (b) grants the DRB the authority to reduce the parking requirements of appendix A by up to 50%. See "Parking" below. Access: At the sketch plan hearing the DRB made it clear that they wanted me to do everything in my power to obtain an easement to access my project off Meadowland Drive through property owned by the Dynapower Corporation. I made repeated attempts to meet with and or speak to Mr. Peter Pollak to discuss the purchase of an easement but was unsuccessful. I have enclosed a copy of a letter I received from Mr. Pollak stating such. I have also received a "Letter of Intent" from Pete Daye of the Agency of Transportation approving my access offRT 116 with a permit to be issued after he receives a copy of the final City approval along with conditions. (See copy enclosed) Lot Coverage: I have made the necessary adjustments to my site plan to meet the new 40% lot coverage requirement for the IO district. As discussed at the sketch plan hearing I have reduced the number of parking spaces, removed the drop-off area and relocated the second floor handicapped access to the west side of the building thus eliminating the walkway along the north elevation. These changes have brought my overall lot coverage to 39.49% Parking: As stated above I am requesting a waiver of the parking requirement as stated in the newly adopted Appendix A of the Zoning Regulations. Zoning regulation 26.256 (b) allows the DRB to reduce the parking requirement by up to 50% and I am only requesting a waiver of 6 spaces or 16%. In the staff comments for my sketch plan hearing it is stated that 38 spaces are needed and I show 32 which includes 4 handicapped spaces when only 2 are required. I have conferred with my tenant of the 5304sgft Medical Office space as to their parking needs and they state they will have 8 employees serving 8 patients with 4 patients waiting in overlap totaling 20 spaces. This leaves 12 spaces for the remaining 3600sgft General Office space, which is only 2 short of that required. I have included a bike rack on the north side of the rear entrance. Landscaping: There is a separate landscape plan on sheet 2. The landscaping plan is based on the building cost of $375,000.00. 3% of the first 250k = $7500.00 and 2% of the remaining 125k= $2500.00 totaling $10,000.00. Please see the enclosed cost breakdown provided by North Country Landscaping. Wetlands: I hired Cathy O'Brien Wetland Consulting to walk the property and I have enclosed a copy of her report. She found that the Cities wetlands map was off and that the wetland shown on the Cities map is further south on the neighboring property. She determined that only 5' of a 50' buffer reached the southeast corner of the subject property. Lighting: See the sight plan included. Dumpster: I have shown a dumpster location on the south property line beside the entrance to the lower parking area. The dumpster will be shielded from view with stockade fencing and landscaping. Traffic: Dave Burke of O'Leary -Burke Civil Associates has calculated the average AM peak hour trips at 15, the average PM peak hour trips at 19 and the overall daily average at 170. (See enclosed worksheet) Water & Sewer: I have spoken to Jay Nadeau of the South Burlington Water Department and I have shown a tap of the 12" water line long RT 116 as we discussed. Jay will review the plans and make his final comments. I have received my sewer allocation from the City and have enclosed a copy with this application. Copies of the water & sewer details have been submitted to the State for their review. I believe this covers all the information discussed and or requested by the DRB from my June 3, 2003 sketch plan hearing. If you have any questions or if you need any further information please pall my office at 878-0226 or my cell phone at 238-6819. Sincerely, Russell Barone Acting Partner, Avalanche Development LLC. ouaq-Burke ciV, associates, Pic September 26, 2003 Mr. Brian Robertson Assistant Planner City of South Burlington 535 Dorset Street So. Burlington, VT 05403 RE: Avalanche Development, LLC. — Route 116 Pear Brim - A,, a to our telephone conrve sc loii, plea.-:, Trod iiv�'5) fall size co-)K :.inc: on,;t t i 11" �: 11" reduced coo,,-.�f plan --h is l . 2 ar,d 3 for the above refer,.,n• od piojcct. Plan sheet #1 has been revised to add a curb and sidewalk at the east side of the proposed building and correct the Coverage Table accordingly. Plan sheet #2 has been revised per the sheet # 1 corrections and to add landscaping around the ciumpster. Plan sheet #3 has been revised to add a "Concrete Sidewalk / Curb Detail" and a "Concrete Curb" detail. We understand that the staff notes for the October 7, 2003 Preliminary/Final hearing will be forthcoming. If you have any questions, call. David W. Burke Enc. cc: Russ Barone 5 ANDREW AVE. SUITE 5 ESSEX JCT., VT 05452 PHONE 802-878-9990 FAX 802-878-9989 CIVIL@TOGETHER.NET �r p ETAIL A RESIDENTIAL DRIVE 12' MIN. 24' MAX. MINIMUM RADIUS = THEORETICAL RADIUS MINUS SEE NOTE 5 SHOULDER WIDTH x I XR X 20' THEORETICAL RADIUS CURB (IF PRESENT ) _��r TREATED SHOULDER EDGE SHOULDER EDGE OF TRAVELED WAY A = 600 MIN. PAVEMENT HIGHWAY �� 90° DESIRABLE DETAIL B DUAL COMMERCIAL DRIVE TO BE USED ONLY UNDER SPECIAL CONDITIONS DETAIL C TWO-WAY UNDIVIDED SINGLE STORES, BUSINESSES, SMAt COMMERCIAL ' HOUSING DRIVE FOR DEVELOPMENTS PROPERTY LINE I MIN. R=20' R.O.W. LINE I x SHOULDER `— EDGE OF 5' MIN. TRAVELED WAY * WIDTH OF ACCESS FOR ONE WAY TRAFFIC LIMIT OF PARKING AREA OPERATIONS (18'-24') ( SEE NOTE 4 ) � %RB SEE NOTE 2 101 XMIN. R=20' ON R.O.W. LINE R.O.W. LINE X R=5' R=5' X CURB _ (IF _ERE5E-NT) �100' DES�IRABLE 41 0 MINIMUM— PAVEMENT ° HIGHWAY A= 60MINIMUM /� 90° DESIRABLE ` .TAIL D TWO-WAY COMMERCIAL DRIVE WITH DIVISIONAL ISLAND I DETAIL E RIGHT TURN LANE FOR COMMERCIAL DRIVE ,R SHOPPING CENTERS, LARGE HOUSING DEVELOPMENTS, (UNSIGNALIZED INTERSECTIONS ONLY) )USTRIAL PLANTS AND SERVICE STATIONS 4' MIN. 18' MIN. MAX. 24' MAX .12' 24' MAX. r PROPERTY LINE MINIMUM RADIUS = 0 I ORETICAL RADIUS MINUS THE CURBED DIVISIONAL ISLAND SHALL NOT SHOULDER WIDTH EXCEED 4' HEIGHT (AND HAVE NO PROJECTION I ABOVE THE CURB HEIGHT WITHIN THE R.O.W. IMIT OF PARKING AREA OR CLEAR ZONE) ( SEE NOTE 4) I I R.O.W. LINE I' THEORETICALXRADIUS) 20, x 30' THEORETICAL RADIUS JRB MIN F PRESENT ) _ / ` _ - MIN._ SEE DETAII IOULDER EDGE / 12'\ _ 15HOULDER \E EDGE OF TRAVELED WAY HIGHWAY rE A = 60° MINIMUM P 90o DESIRABLE :TAIL G PERSPECTIVE SKETCH OF DRIVE INTERSECTION SHOWING DEPRESSION CLEAR ZONE DISTANCE VARIES WITH HIGHWAY CLASS AND TRAFFIC VOLUME. REVISIONS AND CORRECTIONS -. II, 1992 - THIS STANDARD SUPERCEDES B-71(7/23/SOR), B-71A (3/12/90), AND B-13 (12/14/71). VE I, 1994 - REISSUED, WITHOUT CHANGE, UNDER NEW SIGNATURES. R. 10, 1995 - REISSUED, WITHOUT CHANGE, UNDER NEW SIGNATURES. V. 16, 2000 - CHANGES MADE TO CONFORM WITH LANGUAGE AND DIMENSIONS IN ACCESS MANAGEMENT PROGRAM GUIDELINES. USE WITH DETAILS C AND D WHEN VOLUME WARRANTS FOR RIGHT TURN LANES ARE MET. LIMIT OF PARKING AREA ( SEE NOTE 4 > R.O.W. LINE x x 30' MIN. RADIUS MIN. RADIUS 30' LESS SHOULDER WIDTH n=. T=•- 4' _ _ ,,CURB ( IF PRESENT ) \�_ SHOULDER EDGE EDGE OF TRAVELED WAY I A = 60. MINIMUM PAVEMENT 90° DESIRABLE HIGHWAY STORAGE LENGTH IS VARIABLE DEPENDING ON TAPERS TRAFFIC VOLUME AND MUST BE ADJUSTED TO SPEED (MPH) 30 35 40 50 PROVIDE PROPER DECELERATION LENGTH. ..LENGTH (MIN)(FT)(T) 100 120 140 180 REFER TO VAOT STANDARD E-192 RATE 8:1 10:1 12:1 15:1 DETAIL H PROFILE OF DRIVE INTERSECTION SHOWING 5" DEPRESSION ( CUT SECTION ) DRIVE GRADE (15 % MAX. FOR AT LEAST 12 FEET FROM POINT OF VERTICAL INTERSECTION OLD GROUND 5" DEPRESSION EDGE OF EDGE OF HIGHWAY A SHOULDER TRAVELED WAY �L 12'-0" MIN. MIN 20' I ROUNDING I ENGTN 24' MINIMUM MIN. RADIUS = PROPERTY LINE 40' MAXIMUM THEORETICAL RADIUS MINUS R.O.W. LINE SHOULDER WIDTHI �! _ RADIUS (URBAN) 1 30' THEORETICAL X x X 30, MIN. RADIUS RADIUS (RURAL) i (RURAL) CURB (IF PRESENT) 3 �� -- MIN_ ----`SEE DETAIL SHOULDER EDGE E SHOU DER EDGE OF. TRAVELED WAY A = 60° MINIMUM PAVEMENT HIGHWAY 90 ° DESIRABLE THIS DETAIL WILL ALSO APPLY TO COMMERCIAL SERVICE DRIVES,WHEN AUTHORIZED,HAVING A MAXIMUM WIDTH OF 20'. THE SERVICE DRIVE, WILL HAVE A "SERVICE VEHICLES ONLY" SIGN PLACED AT THE HIGHWAY ROW LINE.SIGN'SHALL BE 1811X 24" AS PRESCRIBED IN THE STANDARD HIGHWAY SIGN BOOKLET, A SUPPLEMENTAL PUBLICATION TO MUTCD. DETAIL F MINIMUM HORIZONTAL SEPARATION BETWEEN DRIVEWAYS AND INTERSECTING SIDEROADS tr o a a cr IO �I O F- J w!w = w r w o n- J 3. J x J LL > 3 ' O!V)_ r a, r _ Er a cD a 4 3 3 of U � _ O I �uj > I > VARIABLE w o l o 0 o VARIABLE o BASED ON POSTED SPEED W W w BASED ON (10jSH0ULDERj))cD 0') POSTEDw I wSPEED EDGE O EDGE OF TRAVELED WAY -- HIGHWAY f- - - - - - - - - - - - - - - - - - - - - ------ EDGE OF TRAVELED WAY EDGE OF SHOULDER • MINIMUM UNLESS NO OTHER REASONABLE ACCESS IS AVAILABLE AND PRIOR APPROVAL IS GRANTED BY THE A.O.T. ITEMS SUCH AS TRAFFIC SIGNALS, HIGH TRAFFIC VO LUMES, OR FUNCTIONAL CLASS OF HIGHWAY SHOULD BE CONSIDERED WHEN DETERMINING APPROPRIATE SEPARATION DISTANCE. WHEN CURRENT RECOMMENDED SEPARATION DISTANCE CANNOT BE OBTAINED RESTRICTION OF TURNING MOVEMENTS MAY BE REQUIRED. DETAIL I PROFILE OF DRIVE INTERSECTION ( FILL SECTION ) MIN 10' ROUNDING EDGE OF EDGE OF HIGHWA LENGTH 1 20'-0" MIN. SHOULDER TRAVELED WAY rt APPRnerw SRFA I I I 1 -37 MAX. GRADE ( -0.03) I MAX ( _D* 15 - _ _ _ SUBGRADE LINE I SUBGRADE LINE / `� - - - 4. ��--------------- P v ( SEE NOTE 7 ) CULVERT IF NEEDED TO BE SIZE SHOWN ON <v� PLANS BUT NO LESS THAN 15 " INSIDE DIAMETER . DETAIL J CROWN /q" PER FOOT. SUBBAACE WITH 2" 12 ON RESIDENTIAL ENTIAL DRIVES BITUMINOUS CE MATERIAL IF PAVED ONCRETE ETEVE FPAVEMENT. DRIVE CROSS SECTION AT DITCHLINE �P 24" MINIMUM 18" ON COMMERCIAL DRIVES IF GRAVEL DRIVE : SURFACE WITH 3" V� AGGREGATE SURFACE COURSE. END SECTION (OPTIONAL) DRIVE \ SUBGRADE LINE r DRIVE SIDE SLOPES REFER TO ROADSIDE DESIGN GUIDE FOR TREATMENT AT CULVERT END LOCAL GRADING NECESSARY, AS NEEDED APPROVED >4 d'- �Qk__ DITOR F nR TE HNICAL SERVICES L " at, �/ CHIEF OF UT TIES & PERMITS LOCATION --' I V > 40 MPH URBAN AREAS,OR V ( 40 MPH SECTION A -A DITCH LINE OUTSIDE CLEAR ZONE STANDAAI$DS lF®I$ I" ESIDIENTIA1]L AND COMMERCIAL DIRIV ES GREATER THAN MINIMUM VALUES TO BE USED WHENEVER FEASIBLE SLOPE RATE = 1:6 OR FLATTER j1:4 DESIRABLE 1.2 ALLOWABLE 1:2 OR FLATTER NOTES: SHEET IS INTENDED FOR USE BY DESIGNERS ON HIGV PROJECTS AND IN CONJUNCTION WITH A PERMIT FOR WORK WITHIR WAY RIGHTS OF WAY (FORM TA 210). ALL CONSTRUCTION REQUIRED b (HE PERMIT AND INDICATED ON THIS SHEET SHALL BE THE RESPONSIBILITY OF THE APPLICANT AND IS SUBJECT TO THE APPROVAL OF THE VT. AGENCY OF TRANSPORTATION. WHEN USED WITH THE PLANS FOR A HIGHWAY CONSTRUCTION PROJECT. THIS SHEET IS INTENDED TO BE A GUIDE FOR THE DESIGNER CONCERNING DRIVE WIDTHS, HORIZONTAL, VERTICAL AND GEOMETRIC CHARACTERISTICS. 2. ALL COMMERCIAL DRIVES SHALL BE PAVED FROM THE EDGE OF THE TRAVELED WAY TO THE HIGHWAY RIGHT-OF-WAY, TO THE FARTHEST POINT OF CURVATURE ON THE DRIVEWAY EDGE OR AS DIRECTED BY THE DISTRICT TRANSPORTATION ADMINISTRATOR.THIS PAVING IS INDICATED IN DETAILS (B THRU E) BY CROSS -HATCHING. 3.DEPTH OF SUB -BASE AND PAVEMENT TO BE THE SAME AS HIGHWAY OR AS SHOWN IN DETAIL J WITHIN THE LIMITS OF THE HIGHWAY RIGHT-OF-WAY. 4. VEHICULAR ACCESS FROM PARKING AREAS TO THE RIGHT-OF-WAY AT OTHER THAN APPROVED ACCESS POINTS WILL BE PREVENTED BY THE CONSTRUCTION OF CURBING OR OTHER SUITABLE PHYSICAL BARRIER. 5. IF CURB IS PRESENT, SEE APPROPRIATE CURB DETAIL STANDARD OR MATCH TOWN/CITY STANDARD CURB TREATMENT. 6.WHERE TRAFFIC VOLUME FOR A PROJECT IS SUBSTANTIAL THE AGENCY MAY REQUIRE SPECIAL LANES FOR TURNING, SIGNALS OR OTHER MODIFICATIONS. BASED ON TRAFFIC STUDIES THE AGENCY WILL DETERMINE SPECIFIC TREATMENT TO BE USED. ON DEVELOPER PROJECTS THE AGENCY WILL WORK WITH THE APPLICANT TO IMPLEMENT CHANGES TO THE STATE HIGHWAY. 7. CIRCULAR DRAINAGE CULVERTS UNDER DRIVES SHALL HAVE A MINIMUM INSIDE DIAMETER (I.D.) OF 15". PIPE ARCHES USED UNDER DRIVES SHALL HAVE A MINIMUM INSIDE CROSS -SECTIONAL AREA EQUIVALENT TO THAT PROVIDED BY A 15" CIRCULAR PIPE. 8. THE OFFSET BETWEEN THE PROPERTY LINE AND THE EDGE OF THE DRIVEWAY MAY BE GOVERNED BY LOCAL ZONING LAWS. DRIVEWAY WIDTH RESTRICTIONS SHOWN PERTAIN ONLY TO THE AREA WITHIN THE HIGHWAY R.O.W. OR THE END OF THE TURNING RADIUS WHICHEVER IS GREATEST. 9. DRIVEWAY GRADES STEEPER THAN THOSE SHOWN MAY BE ALLOWED AS LONG AS A 20' APPROACH AREA IS ACHIEVED FOR THE VEHICLE TO PAUSE BEFORE ENTERING THE HIGHWAY. (WHERE CURB & SIDEWALKS EXIST. SEE STD. C-2) 10. CORNER SIGHT DISTANCES, EQUAL TO OR GREATER THAN THOSE SHOWN BELOW, SHOULD BE PROVIDED IN BOTH DIRECTIONS FOR ALL DRIVES ENTERING ON PUBLIC HIGHWAYS, UNLESS OTHERWISE APPROVED BY THE AGENCY OF TRANSPORTATION. CORNER SIGHT DISTANCE IS MEASURED FROM A POINT ON THE DRIVE AT LEAST 15 FEET FROM THE EDGE OF TRAVELED WAY OF THE ADJACENT ROADWAY AND MEASURED FROM A HEIGHT OF EYE OF 3.5 FEET ON THE DRIVE TO A HEIGHT OF 4.25 FEET ON THE ROADWAY. SIGHT DISTANCE CHART POSTED SPEED OR DESIGN SPEED ( M.P.H.) MINIMUM STOPPING SIGHT DISTANCE (FT) MINIMUM CORNER SIGHT DISTANCE (FT) 25 150 275 30 200 330 35 225 385 40 275 440 45 325 495 50 400 550 55 450 605 60 525 660 65 1 550 715 NOTE : ADVANCE WARNING SIGNS WILL BE REQUIRED IF OBTAINABLE CORNER SIGHT DISTANCES ARE BELOW MINIMUM STOPPING SIGHT DISTANCES. 'HART IS ENTERED TO SELECT DESIGN VALUES BASED ON THE POSTED ) LIMIT IN MPH. VALUES FOR DESIGN ARE CALCULATED BASED ON THE N SPEED IN MPH. JMES A GAP OF 7.5 SECONDS IN THE TRAFFIC STREAM ON THE HIGHWAY INE BASED ON THE HIGHWAY DESIGN SPEED IN MPH. THIS ALLOWS A "ED PASSENGER VEHICLE TO ENTER THE MAINLINE FROM THE DRIVE UT UNDULY INTERFERING WITH THE HIGHWAY OPERATIONS. STANDARD 18 7 Z 1 1 1 1 \ \ EX15TN6 9,16 MAN 1 ll�iea,rlo�lard ; Dtive; I EX15100 WA MAN YQHOLE ntov c+ur / / ' / ' i 1"3 p� ♦• caRN[ .Door , PAOUNIk' r _ _ \ i - /' f / OAM COLIC >nnoe OR oreD-'' �, xdoRTAK L005c-- \I AQUAL / / /. l� ✓--Raa\e Dew-'_ - I /' ►xA� To Ww�a� Sur TO10F COW I / rR.CMD� — - .. _'�•! - Y. / ALL / / f & 4, I wATu / pe If DIRE / - f .t. T - / .0 /u� wt x 7s:40 T / a o 7f I \ r • 001 ' ( ' ( A WALK / ,/FOR Se/ TQrfly / m 1 I ( / ;t= .d . [ Tangy 15 7S n� 40 1,r DRor-orP x / f / i' / \ r t $ I /II// a / 17os iaGlr / / � MVEOJ rAlaao-. 5D' LONG x 17 WOE x 7 DIWPa DEE DETA1ul + / / ! F l J P VW! Y 1 4 1 1 PF I + R &4 / 1 L54M71 I 1 / / i 1 x/ CATCH gASN / NE,p / // x rr NO ICUT. ra I I // ( Location Plan "OTM No" ZONER INDUiTKIAL N OM SPACE 11-01 LAND USE AREA Z OF TOTAL MAX ALLOWED DUILDINO 5,304 Sr. 10.03Z 3OX 81-06- rAKKIN& 2DA00 5f. 3Q161 4OZ OM 5rACE 32-2" SF. 60--m 60Z MIN TOTAL. 52AIM SF. ON WA U REQUIRED PARKIN&: 36 5rACE5 wEK STAFF KEVEM REQUIRED PARKIN&- 1 36 5rACE5 - 25Z - 26 5PAC-65 TOTAL SPACES PROPOSED; 32 SPACE5 APPLICANT AVALANCHE DEVELOPMENT, LLC, C/O RV55 BARONS 600 15LAIK PARK ROAD, SUITE 323 WILLI5TON, VT 05495 THE —ACTOR -- -- bIOSAFE- AT 1-GEE-IxG-SAFE PRIOR TO ANY EXCAVATION, GRAPHIC SCALE (ixrar) 1 men - ao a Legend N. Ts PROPERTY LNE ADVfTPR ",OrIM LNE O -----760---- ExisTm 6RAOE CONTOUC 15�� E ISTN& 6RA0E GQIfq�7 -ISTN6 vv P,P` G fN15N GRADE OUR NDw, l THE RgM-ATY H)S SHOWN IL THIS HI WERE ESOADLI RROM A &I ENTI PERFORMED 01Y LNUS . WI WILES, Ga HNESDLR& ROAD, SOUTH dALIN6i PERPOIOEO DT MIOELL EN6NmN5, X.OTT D. tAYLOR, 01Ee. yyy 2 THE CONTOM DATA 15 DASW ON A 5LRVEY FPJMOIOlD ON V4R1 O DASDD CH M1 ASSUMED DATUM OF SODNEAR WIES"& ROAD. ` v Q,FNNt I,A' ♦ t 7"k 10ATE0 r FINAL o .�— o �.w.. Avalanche , Properties wto ONLEARY-BURKE ."� jesbum Road South BuHinzton. VT 3a10-u Ffi 1,,aNa o\�� aVIL ASSOCIAM, PLC All it" °I , , Site Plan 1 EwLL' m..grrmn N a Z 1 1 1 1 ®1 EX 5TIN& 6A5 MAN i I meaoovi--,la pd Drjive /A, IXHTW6 WA WMIOACK swmx ,, lEznrmDl/ 1\\\ \\1 I 1 I/ I /// / 6. reW // o. / / / jilt Arm _�_' ♦ /' ) / / / / / j /; / / __—fix--X X- Dow, Yew, •ASH I / // // // / �-SNkes "T — ' t �1-�. t -t .... l i // ,/ / ��'� � /�• i � ,' I l -T 3-ICT t-!a�R'Rr,Wat kY_1 3 1 rcw ls ,c MAt t i t 3r i � Il � i r'� 'ter - ! �� ` � 1 � •_ l l � � I � � r � 1 �� ( / 1 J / tt >iDOW/ Kw >EI / �� /SfIA i i I I v Iv l l /_-KaleFJa, RTH nu+t -< I t / r r - � ' �V � t7 A5n e-wHlte x/ i Iw DALS / I I 1 1 R I 1 s-wulsTl�maevrae / �i ��' �A I V /' I / I 1 I I j I I I I I I I I / / / ► 1 1 / / i // I �\`� V� k�i� 1 r 1 I I I t }� gyp, I ``7 0� Sa, C� 1 .,lair. mG / oum ^.ANT LAND5C,~ ON Legend / DACK SCE Of OKAINA6EK, 5WALE "AU PROrER" LINEfE AOVT PKORTT LINE lt� DVILPINS SETDACK I "'7eO--_— E%ISTWS 6RAOE CCWOM IO 16�----------- EXISTING 6r.ADE CONlOOA T E%ISTMIb TREFIME 'lQ EX15TRI6 T1TZ5 ' THE CONTRACTOR SHALL NOTIFY "DIOSVA AT / 1-886-OIG-SAFE PRIOR TO M1Y E%CAVAIIpI. moro5ED Ti[EES I GRAPHIC SCALEWPATu> ClYWKAeC . z TI n MK rltNt f =Fl�� y,• �i� o -- 0- 0 Avalanche , , Props -miss 5030 34n T ( IN MT) '� oT LEARY-Bj 'tyes .E Hinesburg Road South Burlin ton, VT L � - aD R CIVIL ASSOCIATES, PLC j� —U #1l1 iL1t� ,•_m 2 Landscaping Plan Hel v Lj 1 1*3 O15TIN® GA5 WAIN -- t"e 7 = Meadowland Drive -�^ Exnrvw wArEK WHIN exnrnw �/ � I Q If (�y5 1 _X �- -X --X-_--X-----X---X-X--X---X_..- X...-.X + + + + .11-? Q.19 0.1t 02�- 1 - - 4- 453 958 - , 9 - + I + + - 0.32 . � . l� s + l �fl.07 F ; + h �� 4`►U.7�Im. + .4 .3 .0 R �0.00 019 D,29b,i�4. 4110.,+31 U5 9 e) 0.28 0.40 0.41 0.28 0.1 13 0.38 0.71 a.-01 0.61 6.16 .85 01 48 Q8r' 0.53 0PI 0.40 0.80 .90 0,45 0,1 + klI + + + 0,44 1.28 1.37 + + + 0,56 0.2 0.58.53 + 1,49 + + ` 0,261 0.47 + + t + + 2,55 2.10 0�41 10.46 L7 + 96 + 0 0�� + 0,45 + 1.9 + 07 0, h B + 0.1 �I - 0.11 _I.LL n42.4,W--Q?-41,b9-� -�r3� - 79 x P'qi 1101WRIP x ACO INMW Slot CANOW ,NID I x I crJiLFaTIc1 Exnrwv "cum AVE wx 10 rlzivl l4 PARXWVWE WA 1 0) OA 62 1 OW 1 IIDM I nW LW116 EFD6 MOW - 11 wx4fT If (A)TOFF &M - WLW 5FRO 1 T2O0 0..60 4 00 WATT METAL WOE 2 (F AW L16WO6 POLE Itl111F • 9 FEI6FFF 4 Td 7 CUFOFF RAOD - MAW SERIES I JaoO Ow a W WATT METAL WIDE IIIiV1E CUNIRA - SU1LL NU A Y -UIGSAFF AT ,-maa-ac-sAct Praat to urr �ccAv�now. GRAPHIC SCALE �ararl 1 lacL � E/ R Legend lOPERY LW IOPEITY Luc OUKDM SE C04K `,,�1nun,� Lei . r n OR it �F I� �� ,• �i o .�. o �..�.. Avalanche a o W vt' Properties ><n - �ARY-BURKE O'I Hinesbum Road South 8urlln CIVIL ASSOCIAM, PLC Lighting Plan 3 ik jjki�Q g xq. pgilfi a gyyg nng �B y� i� z ;tal,�� g I nob $ 0 a 0. �Q m \ 105 \ N� j�k9U UQ 5 t I I I I J eo g a # ` °Hi I z 0 U � 4p 0 lit 1� M lit I LL F� s's3ksoa s'. yp� 5` d il f ; 0 cIt �� 6 z° x°fit a �� =4�� °€ $ a'�< z r s3 0 ;, � 1 t� ,ire ;� 3- � j" ° If s °4 �i �i & WIN � m J �$ � � J m i d" PE I Z:\Caddwg\2003\3030-s2.dwg Mon Apr 21 07:57:53 2003 O'Leary -Burke Civil Associates, PLC peoN XjngsagtH SX01*0 WA _ � I r � — — "" s$sy r__ 0 11";I �I Access/Circulation: Access is proposed to be via a 20-foot wide two-way curb cut off Hinesburg Road. A potential alternate access is proposed to connect to Meadowland Drive. This access could only be used if the applicant can obtain an easement across private property. Circulation on the site is adequate. Coverage/Setbacks: Building coverage is 10% (maximum allowed is 25%). Overall coverage is 49.8% (maximum allowed is 40%). Front yard coverage information has not been provided. Overall coverage will have to be reduced to not exceed the 40% limitation. Setback requirements are being met. Pam: A total of 38 spaces are required and 41 spaces are proposed including two (2) handicapped spaces. The preliminary plat should include a bike rack. Landscaping: The preliminary plat should include a landscaping plan which complies with Section 13.06B of the Land Development Regulations. Wetlands: The City Wetlands Map indicates that there may be some wetlands at the east end of the property. The preliminary plat should show any delineated wetlands and the associated buffer. Lighting: The preliminary plat application should include exterior lighting details. Dumpster: The preliminary plat plan should include a screened dumpster storage area, if a dumpster will be used. Traffic: ITE estimates that the proposed uses will generate 23.4 vehicle trip ends (vte's) during the PM peak hour. 19/20, 9-4 18� Lida Dr, Kids clothes, toys & morel No early birds. ESSEX, Multi Family yard sale 68 Osgood Hill Rd, Sat 9/20, 9-3 p.m. ESSEX Sat. (8 to 4) MUL- TI FAMILY SALE. Anti- ques, collectibles, and everything else. Sand Hill Rd to Allen Martin Pk wy to Saxonhollow Dr. Condos on rt.Unit B-1 ESSEX Sun (9 - 2) Shillingsford Crossing off Pine Crest Drive. House- hold goods, Kids stuff, exercise equipment, clothes and more. ESSEX TOWN MULTI FAMILY SALE Sat 8-4 & Sun 8-12. Clothing, chii- dren's books & games, furniture, old bottles, lots of good stuff. 6 Saxon - hollow Dr. off Sandhill Rd ESSEX TOWN Sat only 9-3 pm No early birds 148 Sand Hill Rd, exer- cise equip books & more wJ„ ,. „IUIIC IeJ- ponsibilities in relation to th '!ronmental review pr and that these re( ..sibilities have been satisfied. HUD's approval of the certifica- tion satisfies its respon- sibilities under NEPA and related laws and authod- ties, and allows VHCB to use Program funds for the project. Objections to Release of Funds HUD will consider objec- tions to its release of funds and VHCB certifi- cation for a period of fif- teen days following eith- er the anticipated sub- mission date or HUD's actual receipt of the re- quest (whichever is later) only if the objections are on one of the following bases: (a) That the Cer- tification was not exe- cuted by the Certifyying Officer of VHCB; (b)VHCB has omitted a step or failed to make a FAIRFAX- Hue moving SWANTON New gift shop decision or finding re- 9 g 9 P quired by HUD regula- sale, Vintage goods, incl. items, collectibles, che- tions at 24 CFR Part 58; linens, dishes, 'jewelry, rished teddies, Christ- wroughtVHCB iron patio furni- mas ornaments, depart- funds or incurred costs ture, and so much more. ment 56 accessories, not authorized by 24 Sat 9/20 8-4pm. Corner barbies, and collectible CFR Part 58 before ap- of Rte 104 and. Huntville dolls, toys, glassware, proval of a release of Rd. bells, Hallmark orna- funds b HUD; (of FAIRFAX 150 Sam men a, women's winter y, Webb Rd. -Sat S & clothing size 16 - 18. another Federal agencyy Sun 9/21 Sa m. cloth- And much, more. Rain or.act!ng pursuant to 40 P Shine. Sat 9/20 S, Sun CFR Part 1504 has sub- ing, household misc. 9/219.5 351 N River St mitted a written finding FERRISBURG Saturday WATERBURY that the project is unsa- . September 20th, 9 am- ' Furniture( tisfactory from the pm. Yard Sale- ,Cleaning books, lamps, lots of standpoint of anviron- out house and balm. Fur- kitchen, area rugs, cloth- in n t a l q u a l i t y. I niture, kitchenwares, I ' baskets, ceramics, Objections must be pre- Olde Town canoe, toys, mores Privateand much sae. Extra Pared and submitted i- clothes and much more. accordance with the re - Take Little Chicago Rd Room Storage, behind quired procedures 24 1.5 miles to Walker Rd. Freedom Chevrolet. Sat CFR art 58 ( y 9/20 &Sun 9/21,10.4 d ), and may House one mile on left. be .addressed to HUD as GEORGIA All day Sat & WESTFORD- 315 Plains follows: U.S. Depart- n morning, Furniture, Rd,128 N. to Cambridge ment of Housing and Ur - Su Suthins & more! g5 Rd to Plains Rd. ban Development, Eric Rounds Rd. From Rt. 7 Sat 9/20 & Sun. 9l21 Axelrod, Environmental Clothes, tools & books go on Ballard Rd 1/2 mile etc. Garden veggies too! Officer, Office of Lead left on to Sandy Birch. Hazard Control, 4517th Right on to Round Road. WILLISTON, Sat. (8 to St., SW, Room P3206, HINESBURO, 178 North 3). 3/4 Hp Rototiller, ping Washington, DC 20410- HI 9-4pm Sat 8 Sun, pong table, butcher block 0001. Potential objec- Rd. 4 9/Sat -Stove- island, keyboard, Kohler tors may contact HUD to lamps, and much more toilet, home school sup- verify the actual last day pplies, much more. 275 of the objection period. JERICHO, 149 Browns MeadowndgeRoad. ' Gustave Seelig, Execu Trace Rd. Huge end of WINOOSK153Dion St. tive Director, Vermont summer garage sale. Fri&Sat9am-4pm Housing and Conserve - Tons of clothes $.50, Appliances, computers ton Board. dishes, large air com- clothing, fumfture, desks pressor, grease gun hy- VCRs '& much more. September 20, 2003 draulic jack, & much more. Lots of stuff half WINOOSKI - Moving price. SaVSun 9-4 p.m.. Sale! 19 Whitney St. Sat. NOTICE TO PUBLIC OF J E R I C N 0, MOVING 9/20, 8 am - 2 pm. Furni- PROPOSED ACTION mall appliances, LOCATED SALE. 9 Liberty Ln. Sat lure, s 9/20 and Sun 9/21 9 AM some children's items, FLOODPLAIN to 4 PM. clothes, books, bikes +! Newspaper: MILTON- 23 Hunting L c. Notices Burlington Free Press Ridge Ln. Fri 9/19, Sat. 9/20 9-3pm.Giris 0-2T, NOTICE TO PUBLIC Publication Date: Baby items, snow tires. OF INTENT TO September 20, 2003 ********** REQUEST RELEASE MILTON, 160 McMullin OF FUNDS Address: Rd. Sept 19 & 20 9-5pm. September 20, 2003 Vermont Housing & Ceramic molds, 3 knit- Vermont Housing & Conservation Board flag machines, lots Conservation Board 149 State Street yarn, and many other 149 State Street Montpelier, VT 05602 misc. items. Montpelier, VT 05602 (802) 828-2912 ********** Ron Rupp me be con- IAILTON MOVING SOUTH tatted at (802� 828-2912 TO ALL INTERESTED IALEI Sat & Sung (9 to for further information AGENCIES, GROUPS !).Antiques, guns, fish- about this notice. AND PERSONS: n0 tackle, sporting loons, camping equip - tent. 15 Jonzefta. Ct, off .ake Rd. MILTON 328 West Milton Rd. Sat 9,120 8-2, cleaning out attic & rooms, cheap stuff'. Sat. 9/20, Sam - 3pm. House- ,nW it— nnlf Off LOYHnt bat a sun (9 to 5) Oriental style carpets, cross country skis ski boots, bicycles, cookware, 214 Locust Hill Shelburne (Across from Ponderosa) SHELBURNE- 202 Tracy Ln. Sat. 9/20 8-2pm. Moving sale: furniture, antiques, remodeling ma- terials, bicycles & mist. SO. BURLINGTON, 69 Barrett St. Castle from FAO Schwartz, skis w/ snap binding. Fri 9/19 & Sat. 9/20,10-noon SOUTH BURLINGTON Fri & Sat 10-3 pm INDOORS at 64 Swift St. Turn at Denny's Multi family, lots of goodies! Furniture, pictures, old records, dishes, clothes, shoes, jackets, nice canopy canvas. SOUTH HERO, Sunday Only! 9121 (8 to 4). Lots of house hold items, & some large items. 51 Martin Road. Off South Street On or about October 10,. 2003, the Vermont Hous- ing & Conservation Board (VHCB) will submit a re- quest to the U.S. De- partment of Housing and Urban Development (HUD) for the release of Lead -Based Paint Ha- zard Control in Privately - Owned Housing Grant Program funds under The purpose of this no- tice is to notify the public that the Vermont Hous- ing & Conservation Board is proposing to use fe- deral funds under the HUD Lead -Based Paint Hazard Control Grant Program within a FEMA designated 100-year floodplain. The proposed n rnnfAm .un IA �^•• '' nuyeiee, un auuv ('L1J) 894-8000. September 20, 2003 PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Devei'opmenI Review Board will hold a public hearing at the South Bur- lington City Hall, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, October 7, 2003, at 7:30 P.M. to consider the fol- lowing: 1. Final plat appli- cation #SD-03-60 of Beatrice V. Alger for a two (2) lot subdivision consisting of subdividing a 26,370 sq. ft. lot into two (2) lots of 13,009 sq. ft. and 13,361 sq, ft., 340 Patchen Rd. 2. Preliminary pplat application #SD-03-69 for a planned unit deve- lopment consisting of : 1) subdividing a 2.9 acre parcel of Brian and Alice Wexler into two (2) lots of 1.3 acres (lot A) and 1.6 acres (lot B), 2) a boundary line adjustment with 30 Imperial Dr.. to add_ 0.15 acres. to Lot B, and 3) developing Lot .B with seven (7) residential units in three 3) build- ings, 1242 Shelburne Road. 3. Final plat appli- cation #SD-03.61 of Da- niel J. O'Brien and Leo O'Brien, Jr. to amend a previously approved three (3) lot subdivision. The amendment . cons- ists of separating the curb cuts for lots 1 and 2,55 Kimball Ave. 4. A' p I i c a I I o n #CU-03.16 of City of South Burlington for con- ditional use approval under Section 14.10 of the South Burlington Land Development Regu- lations. Request is for Permission to allow en- croachment into wetland and wetland buffers re- sulting from the widening of Kennedy Dr. 5. Preliminary plat application #SD-03-62, and final plat application #SD-03-63 of Avalanche Development, LLC for a planned unit develop- ment on a • 1.21 acre par- cel consisting of cons- tructing an 8,904 sq. it. building to include '5,304 sq. ft. of medical office use and 3,600 sq. ftof general office use, 1050, Hinesburg Rd. having the ability to ma- nage the da - a con- solidated entity Firms me receive the full RFP (hard copy an- d/or electronic) docu- ments upon request to the CCSU Central Office - .Prospective vendors may submit technical questions in writing be- fore September 24, 2003. Responses to questions regarding this RFP will not be provided over the telephone. Responses to all ques- tions will be consolidated and forwarded to all firms by September 29, 2003. For documents please contact: Operations Service Group Chittenden Central Su- pervisory Union 21 New England Drive Essex Jct, VT 05452 802-878-1372 kward@ejhs.kl2.vt.us Final bids are due no lat- er than 4:00 p.m. on Oc- tober 9, 2003 September 20, 2003 STATE OF VERMONT DISTRICT OF CHITTENDEN, SS. IN RE THE ESTATE OF SUSAN E. BURKE LATE OF BURLINGTON, VERMONT PROBATE COURT DOCKET NO. 30361 NOTICE TO CREDITORS To the creditors of the estate of Susan E. Burke late of Burlington, Vermont. I have been ap- pointed a personal repre- sentative of the above named estate. All credi- tors having claims against the estate must present their claims in writing within 4 months of the date of the first publication of this notice. The claim must be pre- sented to me at the ad- dress listed below with a copy filed with the regis- ter of the Probate court. The claim will be forever barred if it is not pre- sented as described above within the four month deadline. Dated September 17, 2003 Name of Publication: Burlington Free Press First Publication Date: September 20, 2003 Second Publication Date: September 27, 2003 Copies of the applica- Address of Probate Court tions are available for Chihenden Probate Court public inspection at the pO Box 511 South Burlington City Mal- Burlington, VT05402 1• 802-651-1518. John Dinklage, Chairman Signed: Caitlin Burke & South .Burlington Deve- Eugene Richards c/o lopment Review Board Clark Demos & Baker PO Box 4484 September 20, 2003 Burlington, VT 05406 PUBLIC SERVICE Telephone:802-652.1400 ANNOUNCEMENT BURLINGTON RESIDENTS AND BUSINESSES: Alpine Sprinkler, Inc. and Burlington Public Works will be conducting a fire hydrant flow test on Wed. September 24 bet - September 20, 27, 2003 TOWN OF SHELBURNE ZONING BOARD OF ADJUSTMENT Notice is hereby given of Public Hearings to be held by the Zoning Board of Adjustment on Mon - Office at 985-5118 for additional information. September 20, 2003 TOWN OF WILLISTON PUBLIC WORKS DEPARTMENT Offers the Following Vehicle for Sale: -1997 Chevrolet 1500 Ex- tended Cab Long Bed Pickup Truck with: . -4 Wheel Drive -5.0 Liter V8 Engine -Automatic Transmission -Power Steering -AM/FM Stereo -Sliding Rear Window -Towing Package -ABS (4 Wheel) _Dual Front Air Bags -Pickup Shelf/Cap -Approximately 50,000 miles Sealed bids for this vehi- cle will be accepted at the office of the Director of Public Works located at 7878 Williston Road, Williston until 2:00pm Friday, October 3, 2003. name, V u home address phone #. Cat is shy t friendly, his name JoJo. PLEASE call i any info/sightings, r ward offered. (802) 89 2831. LOST CAT, last seen ( 9/11 near Cedar Circl off Plains Road in Jer cho. Blue/Gray petit female w/small tuft c white fur on chest, am tag reading Hannah Please call (802) 899 2541 or 878-7156 LOST CAT long hair, black male, neutered. Gold eyes. Name is Little Bear. Please Call (802) 864-3132, *tr***tr* LOST CAT- Maine Coon A (minirPrum) bid of cat lost near Steven- 1 cent- $9,000.00 'is required. ertl� Male, amerhiis Bus - The vehicle is being sold ter. Call Bob or Jean as is with no warranty (802)899-2593 expressed or implied. LOST CAT, Shady Lane - To view 'this vehicle call /Porter's Point area - 878-1239 to schedule an Colchester. Black, green appointment., eyed, long haired cat. VERMONT LIBERTARIAN Female, de -clawed. PARTY Town Caucus Name is Kelly. No collar. Meeting Kids miss her badly! The chairman on the Je- Call (802) SSB 5258 richo Libertarian . Party LOST CAT, Tan female Committee hereby calls tabby. (Maxi), last seen a caucus to be sche. 9/9 at Bolton Valley Ski duled as follows: area. if you've seen her Date: Tues. Sept.30 cal Chrl$ or Eva (802) 2003 434-6046 Time: 7:00 PM LOST DOO, white Westle Place: Jericho Town Hall named Hannah, Regis- 67 VT Route 15 tration tag on red collar Jericho, Vermont Last seen near Maryry. All voters that have not Johnson D%care inMid- participated in another dleburyonTyhursday9/4. party's caucus this year Please Call (802) 388- are invited to�attend. 4175 or (802) 98M624. Posted September 20th, REWARD!! 2003. Lost & Found CAT We are missing a precious . member of our family, can you help us find her? Reese is a year old spayed female with black/brown and orange fur in a tortoise shell pat- tern. She is extremely affectionate, loving and has soft mews and a constant purr She was last seen on Sunset Drive off Rte 15 in Essex Center. May have wan- dered off or was taken at neighborhood garage sales. She was last seen wearing a pink flea col- lar., We are offering a REWARD for her safe re- turn. Please call if have ANY information. She is the glue that' holds this Jamily together. (802) 879.2677 FOUND CAT- 9/13 friend- ly tiger kitten w/ flea col jar in Grant/Pearl St. area. Cali to identify (802)864-6557 . FOUND 000 Basset Hound & Golden Re- triever mix. On 'Sat. 9/13 at Redrocks Park. Less than �a Xear^�old.� Neu LOST- KEYS, 9111, Games Workshop Ian-. pard, Honda keys... lunch is on me if you find and return intact. Call (802)434-3123 LOST LICENSE, Kathe- rine Whitt, Michigan State license. Found Downtown Burlington. Please Call (802) 524- 3867 to claim. LOST SIAMESE CAT- Es- sex Green area. Female, answers to Maggie. Cell (802)598.0886 LOST- Walker Bay ding- hy, in outer Mallet's Bay. Call (802) 864-4329 Personals LOOKING TO RENT PARKING Near Fletcher Allen. Please Call (978) 927-3770 NIGHTINGGALE RESPITE SERVICES. Private home health care. Ref, back- ground checks approved. Call (802) 888-4836 TICKETS- Simple Plan, VIP Backstage passes, Club Soda Montreal,10/5 $100 for 4. Call (802) 849- 2419 UVM HOCKEY TICKETS 2 seats for all Friday night home games, face value, leave a message (802) 660-8844 WANTED: (2) good seats to either Oct. 4 or 5 per- formanna of P--t - State of Vermont r l Agency of Transportation National Life Building Drawer 33 Montpelier, VT - � 05633-5001 Russell Barone Avalanche Development LLC. 600 Blair Park Road — Suite 323 Williston, Vt. 05495 Dear Russell: VTfans Work, ! LETTER OF INTENT! THIS IS NOT A PERMIT July 25, 2003 Subject: S. Burlington VT.116 L.S. 116+16 RT. tou,"et You There Your highway permit application to construct a new access at the above -referenced location, has been reviewed and found to meet the requirements for work within the highway right-of-way. Title 19 VSA § 1111 requires that we ensure compliance with all local ordinances and regulations relating to highways. Your highway permit application will be processed upon our receipt of copies of vour Act 250 and/or local approvals, including all conditions. In cases where local zoning does not exist, a letter from the legislative body of the municipality will be acceptable. When issued, the permit will contain, but will not be limited to, the attached Special Conditions. This commitment is valid for two years from the date of this letter. Should your other permits require a longer time period, please contact us relative to an extension of time. If you have any further questions about this matter, please call me at (802) 828-2487. Sincerely, Pete Daye Project Supervisor Utilities & Permits Unit Attachment cc: City of South Burlington Chittenden County Regional Planning Commission www.aot.state.vt.us Telecommunications Relay Service 1-800-253-0191 Vermont is an Equal Opportunity Employer Avalanche Development LLC S. Burlington VT 116 L.S. 116+16 RT. July 25, 2003 SPECIAL CONDITIONS All work shall be accomplished in accordance with the attached plan dated July 17,2003 and standard drawing B-71. Act No. 86 of 1987 (30 VSA Chapter 86) ("Dig Safe") requires that notice be given prior to making an excavation. It is suggested that the Permit Holder or his/her contractor telephone 1-888-344-7233 at least 48 hours before, and not more than 30 days before, beginning any excavation at any location. Failure to complete all the work, approved under this permit, by the "work completion date" may result in suspension of the permit (by separate correspondence) until the work is completed and approved by the Agency of Transportation. A copy of this permit and special conditions will be in the possession of the Contractor performing the permitted work. The Permit Holder shall use methods that will minimize tracking of material onto state highways. If tracking does occur, it will be immediately cleaned up so that traveling conditions and safety of highway users is not compromised. The Permit Holder is to have a supervisory representative present any time work is being done in or on the State Highway right-of-way. A preconstruction meeting must be held prior to the Permit Holder's employees or contractor beginning work to discuss work to be completed. The Permit Holder is required to notify the District Transportation Administrator five (5) working days in advance of such meeting. Roadway shoulder areas will be maintained free of unnecessary obstructions, including parked vehicles, at all times while work is being performed under this permit. All grading within the highway right-of-way associated with the proposed construction shall be subject to inspection and approval by the District Transportation Administrator or their staff. In areas to be grass covered, the turf shall be restored by preparing the area and applying the necessary topsoil, limestone, fertilizer, seed, and mulch to the satisfaction of the District Transportation Administrator. Page 2 All work in the State highway right-of-way shall be performed during normal daylight hours and shall cease on Sunday, on all holidays (which shall include the day before and the day following), during or after severe storms, and between December 1 and April 15, without specific, written permission from the District Transportation Administrator. These limitations will not apply for the purposes of maintenance, emergency repairs, proper protections of the work which includes, but is not limited to, the curing of concrete and for the repairing and servicing of equipment. The Permit Holder shall be responsible to rebuild, repair, restore and make good all injuries or damage to any portion of the highway right-of-way that has been brought about by the execution of the permitted work, for a period of eighteen (18) months after final inspection by the District. Any variance from approved plans is to be recorded on "as-builts" with copies provided to both the Utilities Engineer and the District Transportation Administrator. The Permit Holder shall be responsible for all damages to persons and/or property due to or resulting from any work allowed under this permit. The Permit Holder shall defend, indemnify and save harmless the State, the Agency, and all of their officers, agents, and employees from all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property, including all costs or expenses to defend against such suits, actions or claims. This permit does not become effective until the Owner/Applicant records, in the office of the appropriate municipal clerk, the attached "Notice of Permit Action". The access must be constructed in such a manner as to prevent water from flowing onto the highway. If the access is not constructed satisfactorily, the District Transportation Administrator can order reconstruction of the access at the Owner's ex- pense. This access will serve as the only access to this property and to any future subdivisions of this property unless approved otherwise by the Vermont Agency of Transportation. The Permit Holder is required to allow a connection between the access and adjoining properties (in the future) that will result in a combination of accesses to serve more than one property or lot. By issuance of this permit, all previous permits for access to this property are revoked. The Permit Holder is responsible for access maintenance (beyond the edge of paved shoulder). "Access maintenance" will include, but not be limited to, the surface of the access, the replacement of the culvert, as necessary, the trimming of vegetation, and the removal of snowbanks to provide corner sight distance. Page 3 The access will be paved from the edge of paved shoulder to the highway right-of- way. (The District Transportation Administrator may waive this requirement.) It is incumbent upon the Permit Holder to verify the appropriate safety measures needed, prior to construction, so proper devices and/or personnel are available when and as needed. Traffic control devices, shall be in conformance with the MUTCD (Manual on Uniform Traffic Control Devices), Agency of Transportation Standards and any additional traffic control deemed necessary by the District Transportation Administrator. Failure to utilize proper measures shall be considered sufficient grounds for the District Transportation Administrator to order cessation of the work immediately. Construction will be performed in such a way as to minimize conflicts with normal highway traffic. Uniformed traffic officers or trained flagpersons, shall be provided when two-way traffic cannot be maintained, and at the request of the District Transportation Administrator whenever it is deemed necessary for the protection of the traveling public. When the alternate access, as shown on the attached plan, on to Meadowland Drive, becomes available, the permit holder will close the permitted access and utilize the access on to Meadowland Drive. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 30, 2003 \drb\sub\avalanche\sketch.srp.doc Plans received: April 22, 2003 AVALANCHE - PLANNED UNIT DEVELOPMENT SKETCH PLAN APPLICATION #SD-03-29 Meeting date: June 3, 2003 Owner Applicant Linus & Sue Wiles Avalanche Development, LLC 286 Longmeadow Drive 600 Blair Park Road, Suite 323 Shelburne, VT 05482 Williston, VT 05495 Engineer Property Information Chris Haggerty Tax Parcel 0860 01050 L O'Leary -Burke Civil Associates, PLC Volume 73/74, Page 352/128 5 Andrew Avenue, Suite 5 10 District Essex Junction, VT 05452 ±1.21 Acres Location Ma Subject Prop lk"Iq h, �a etia a ON 14 •N �- 4 y NOTE: Mapped wetland data are not necessarily locally accurate and require field verification. Access/Circulation: Access is proposed to be via a 20-foot wide two-way curb cut off Hinesburg Road. A potential alternate access is proposed to connect to Meadowland Drive. This access could only be used if the applicant can obtain an easement across private property. Circulation on the site is adequate. Coverage Setbacks: Building coverage is 10% (maximum allowed is 25%). Overall coverage is 49.8% (maximum allowed is 40%). Front yard coverage information has not been provided. Overall coverage will have to be reduced to not exceed the 40% limitation. Setback requirements are being met. Pam: A total of 38 spaces are required and 41 spaces are proposed including two (2) handicapped spaces. The preliminary plat should include a bike rack. Landscaping: The preliminary plat should include a Landscaping plan which complies with Section 13.06B of the Land Development Regulations. Wetlands: The City Wetlands Map indicates that there may be some wetlands at the east end of the property. The preliminary plat should show any delineated wetlands and the associated buffer. Lighting,: The preliminary plat application should include exterior lighting details. Dumpster: The preliminary plat plan should include a screened dumpster storage area, if a dumpster will be used. Traffic: ITE estimates that the proposed uses will generate 23.4 vehicle trip ends (vte's) during the PM peak hour. CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\avalanche\sketch.srn doc Avalanche Development, LLC, hereafter referred to as the applicant, is requesting sketch plan review of a Planned Unit Development consisting of a 9,448 sq. ft. medical office building and associated site development at 1050 Hinesburg Road. The subject property contains approximately 1.21 acres and is located in the Industrial and Open Space (10) District. Administrative Officer Ray Belair, referred to herein as Staff, has reviewed the plans submitted on April 22, 2003 and has the following comments. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Reauirements 10 Zoning District Re uired Proposed Min. Lot Size 3 acres 1.21 Max. Building Coverage 25% 10.03% Max. Overall Coverage 40% 49.8% ? Max. Front Yard Coverage 30% unknown Min. Front Setback 40 ft. >40 ft. Min. Side Setback 50 ft. >15 ft. Min. Rear Setback 35 ft. >30 ft. Max. Building Height 50 ft. <35 ft. zoning compliance preexisting noncompliance ? information needs to be provided Staff recommends that the applicant address the numbered items in the "Comments" Section of this report to the satisfaction of Staff prior to submission of a preliminary plat application. Respectfully submitted, Raymond J. Belair, Administrative Officer Copy to: Chris Haggerty, O'Leary -Burke Civil Associates c�wa-- 5 CITY OF SOUTH BURLINGTON IDEPART11,47ENT OF PLANINDTG & ZONP4G 575 DORSET STREET SOUTH BURLINGTON, VE HIMOIN'T 05403 (802) 346-4106 FAX (802) 846-4101 Pen -nit 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, , phonc��nd.fax 9). V - 2) LOCATION OF LAST RECORDED DEED (Book and page #W �/Li 2,94 �13 3) APPLICANT (NanA. mailing- address, p1lone and fax add 4) APPLICANT'S LEGAL INTEREST IN TIC PROPERTY (fee simple, option, etc. 5) CONTACT PERSON (Name, mailing 6) S. and fax e$-, 1/ —1.1-- ---Jl- J-/1 1% 7) TAX PARCEL ID 9 (can be obtained at Assessor's Office) 8) PROJECT DESCRIPTION 90AV94*� a) Existing Uses o de c ption and size e ch separate use) 1f ice b)Proposed ses ol property (include description and size of achneiv use and existing uses to remain) X, I// Ad -e�l- I"% % I c) Total,ding s�quar footage on property roposed bui�dings And existing buildings to remain) �—. 'r .. Ie -,:7 A � A I d) Proposed height o'LbuildinLy (if applicable) Number of residential units (if applicable, new units and existing units to remain) f) Other (list anv other information pertinent to -this application not specifically requested above, please I note if Overlay Districts are applicable) 9) LOT COVERAGE ,f7 ..? - f:�> a) Building: Existing % Proposed '% b) Overall (building parl outside utside storage, etc) Existin.'parr* ing % Proposed q, 2,0 % `4 c) Front yard (along each street) ExistingL4 3/6 Proposed % 10) TYPE 0FEXISTE\TGORPROP0SEDE1\�AT=S ONPRIOP TY(ast covenants, leases, rights of wqy, etc.)— 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICA (sanitary sewer,,water sprm drainage, etc.) I , -A I Ir OF MJ-141CIPAL FACILITIES —'s"AAK � Mrs 12" OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) 15e-�K 13) ESTIMATED PROJECT COWLETIOTST DATE bdj�.,� 3 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 " x 17") of the plans must be submitted. A sketch subdivision application fee is free. I hereby certify that all the information request s parr of s application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT N URE OF -PA39KY. OWNER Do not write below this line DATE OF SUBMISSION: C I have reviewed this sketch plan application and find it to be: Complete ❑ Incomplete Director ofPlanning & Zoning or Designee Date E,=IT A SKETCH PLC The following information roust be shown on the plans. Please submit five (5) copies and one reduced copy (11 " x 17") of the plan. failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. If submitting a plat amendgnent, please submit only pertinent information. Please provide (on separate sheet) a list of all abutters to the project property and mailing addresses. o -Tame and address of owner of record and applicant. o Name of owners of record of contiguous properties. 0 Numerical and graphical scale, date last revised, and north arrow. o Location map showing relation of proposed subdivision to adjacent property and surrounding area. o Boundaries and area of all contiguous land belonging to the owner of record. c Boundaries and area of the proposed subdivision. o Existing, and proposed layout of property lines. o Type and location of existing and proposed restrictions on land (easements, covenants, etc.). o Location, names and widths of existing and proposed streets or private ways. o Existing zoning boundaries. a Existing watercourses, wetlands, floodpiains, wooded areas, ledge outcrops, and other nat-wal features. o Location and size of any existing sewers (including septic tanks) and water grains, culverts and drains on the property to be subdivided. o Number and location of parking spaces (see Section 26.25 of the Zoning Regulations). o Lot coverage information: Building footprint, total lot, and front yard. o A list of waivers desired (if any). o Adl applicable information required for a site plan application shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development (please see site plan application). Avalanche Development LLC c/o Barone Construction 600 Blair Park Road, Suite 323 Williston, VT 05495 Office: 802-878-0226 / Cell: 802-238-6819 Contiguous Property Owners: • South: Ann Painter 1403 Brand Farm Road South Burlington, VT 05403 859-0798 • North: Dynapower Peter Pollak, Owner 1020 Hinesburg Road South Burlington, VT 05403 860-7200 • East: Burlington Properties Limited Partnership Avalanche Development LLC c/o Barone Construction 600 Blair Park Road, Suite 323 Williston, VT 05495 Office: 802-878-0226 / Cell: 802-238-6819 April 18, 2003 Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Ray, Enclosed is our "Application for Subdivision Sketch Plan Review". We believe it contains all the required information, along with the necessary copies of our plan, to schedule a review before the Development Review Board. The enclosed sketch plan shows probable building location and parking, as well as access from both Hinesburg Road and an alternative we are seeking off the Dynapower access road, to avoid another curb cut on Hinesburg Road. We appreciate the DRB's review and consideration of our request. We would like to appear before the DRB as soon as we can be placed on the schedule, so that we can proceed with our project on a timely schedule. Please contact me if you have any questions. Thank you. Sincerely, Ru sell a ne /�� Z:\Caddwg\2003\3030-s2.dwg Mon Apr 21 07:57:53 2003 O'Leary -Burke Civil Associates, PLC — peob .rngsagiH o, ------- « IN - CIL g------- \ i r