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HomeMy WebLinkAboutBATCH - Supplemental - 1600 Hinesburg RoadCITY CLERK'S OFFICE Recolvod—MA2095 at .00 a Record -din Vol. on na0e,ZZA -777 Of So. Burlington Land Records Attest: /ln PROTECTIVE COVEPIANTS . Q A�_b IIIUpEN r*1F.ADONV I,ANE Oanna S. Kinvllta, City Gab In order to establish and maintain a housing development in the neighborhood which would afford a maxinmm of protection to homeowners, investors, developers, and the City of South Burlington, Vermont, in general. 1600 Ilinesburg Rd, LLC, (Owner) being the property owner of the subdivision known as I liddcn Meadow Lane, so-called, located in the City of South Burlington, Vermont does hereby declare the rollowing protective Covenants on said lands and premises, which said lands and premises are more particularly described as follows: That parcel depicted on a plan or map of lands identified as follows: "Subdivision Plat or the lands of Michael J. Anderson" prepared by Button professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004, and recorded at Map Slide 448, Page 3 of the City of South Burlington Land Records. Being all of Lots I, 2, 3 and including a possible future Lot 4 in the event of subsequent subdivision of Lot 1 by Owner. Reference is also made to a site plan of record at Map Slide 448, Page 2 of said Land Records. I. Each tot shall be used for single family residential purpose only, except for home occupations as by permitted by the Town inning regulations. All activity on each lot shall comply with the terms and conditions of the approvals issued by the City of South Burlington and the State of Vcrmnnt, as the same may be amended finm time to time. 2, Each lot owner shall become a member of the ltidden Meadow Lane foomeowners Association, Inc., ("Association") a non-profit corporation organized to effect and enforce these covenants. This Association shall be operated in accordance with its Bylaws. This Association will be formed by the Owner upon the occupancy of all three lots. In the event a founh lot is developed, the owners of that lot shall become members of the Association. Notwithstanding that each lot owner shall be a member of the Association, each lot shall only have one vote. It shall be the function of said Association to monitor the compliance of these Covenants and effect the provisions requiring Association approval. The Association, as well as any individual lot owners, shall be entitled to enforce these Covenants. All costs incurred by tire Association, except thoso set forth in the road covenants below, shall be shared equally by (lie lots. In addition, shall any lot or lot owner be found in violation of the Covenants, and legal action is brought to enforce same, the lot owner deemed in violation shall pay all cosh. incurred by the Association, including reasonable attorney's fees. r` F., t� .70907 7 3 3. No dwelling, building, fence, wall or other structure (including, but not limited to, swimming pools, children's play sets and satellite dishes) shall be commenced, craned or maintained, nor shall any addition to or change or alteration Ilrerein be made, until plans and specifications, showing the nature, kind, shape, height, materials, floor plan, locations, exterior color, the approximate cost of such structure, and the grading plan of the lot to be built upon, shall be submitted to and approved in writing by Owner, or his designated representative. Owner shall have the right to refuse to approve any such plans, specifications or grading plans which in their opinion, do not confonu with the provisions of this instrument, and they shall have the further right in passing upon such plans, specifications or grading plans to take into consideration the quality of workmanship, suitability of the proposed building or other structure and to the materials of which is to be built to ilne site upon which it is proposed to erect saute, the harmony thereof with ilia surroundings and the clfect of the building or other structure as planned on ilia outlook from the adjacent or neighboring property. The approval or disapproval as required in these covenants shall be in writing. In the event that Owner, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specification have been submitted to it or, in any event, if no suit to enjoin the construction has bean commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. Upmi the occupancy of the last remaining lot, the conditions and requirements of this covenant shall Le transferred to, and controlled by the Association. 4. There shall be no operation of snowmobiles, dune buggies. motorcycles, all -terrain vehicles or other loud, destructive or offensive recreation vehicles on ilia property; provided, however, that motorcycles may be operated on ilia roadway for purpose.; of ingress and egress to and from a Lot. 5. No inuperable vchicic orjunl. vehicle or vehicle oil which current registration plates are not displayed shall be kept upon the property or on the roadway, Further there shall be no repair of vehicles either upon the property ar the roadway. G. No temporary buildings, shacks, shanties, campers or trailers will be placed or erected on said lots, or shall be occupied at any lime for dwelling purposes on said lot, and no building shall be occupied as a dwelling during the construction thereof 7. Lach dwelling commenced, constructed or erected shall be at least a two story structure, exclusive of basements, consisting of at least 3,200 above ground square feet. Said '7090774 - square footage shall be exclusive of open porches, or garages. There shall be no vinyl siding upon any approved dwelling or approved structure. S. Each said dwelling shall have an attached garage for at least two cars. 9. No sign of any kind shall be displayed to the public view on any lot except for a sign of standard size advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sale. No satellite dish greater than 24" in diameter or clothesline shall be placed or erected on any lot. 10, Owner, its successors and/or assigns reserves the right to install, maintain, replace or repair a proposed 20' wide sewer casement and a proposed 10' wide electrical easement and all other easements as depicted on the above -referenced plan, or in accordance with state and local approvals issued in connection with this subdivision. 11. For so long as Owner retains an ownership interest in any of the properly, these covenants may not be amended without the written consent of Owner. Thereafter, these covenants may be anrcnded by a vote ora majnrhy of the lot owners, and recorded in the City of South Burlington Land Records. 12, Notwithstanding and contrary provision herein, Owner, its successors and/or assigns reserves the right to amend these protective covenants in its sole discretion and without tite consent of any lot owner for so long as Owner owns any lot, or in order to comply with any provision of law, Any such amendment shall be effective upon its execution and its recording in the City of South Burlington Lund Records. 13. Any construction or development on the premises shall be in compliance with the regulations and ordinances in place by the City of South Burlington, and shall further comply with all the terms and conditions issued by the City of South Burlington in its approval of the above subdivision. 14. There shall bo no trees larger than twenty- four (24) inches in diameter cut within the building setbacks (building envelopes) as shown on said plan. There shall be no trees larger than six (6) inches in diameter cut within the building setbacks, except upon the approval of a majority of the lot owners and in accordance with a plan approved by said majority. There shall be no trees curt outside of the building setbacks as shown on said plan, except that this prohibition shall not preclude the removal of dead and/or decaying trees - after the approval of a majority of i the lot owners and in acrAtrdance with a plan approved by said majority. This covenant shall not t, ! i I 7090775 apply to any lot 4 that may be subdivided and developed. 13. In order to comply will& the subdivision approvals regarding the wetlands, to protect the environment and to limit the adverse impact of chemicals upon residents in ilia development, no lot owner shall use, or permit the use of herbicides Or pesticides. TIBs prohibition shall nut apply to the use of fertilizers and other natural lawn products. 16. Maintenance of the private roadway known as llidden Meadow Lane shall be the responsibility of the Association in accordance with the following covenants: A. The Association is established in part to monitor all repairs and maintenance of the t� j roadway, and appurtenances, and insure that such repairs and maintenance are undertaken consistent Willi these covenants. E. The Owner, or his designee, shall serve as toad foreman for so long as Owner owns any lot In the subdivision, or until this authority is turned over to the Association, whereupon (lie Association shall elect a road foreman from its membership at each annual meeting. (' C. Each lot shall be responsible for its share of the usual and ordinary repair and maintenance orthe roadway, and appurtenances (i.e. guardrails, if any). Lot 1's share shall be 33.33 percent; Lot 2's share shall be 33.33 percent; and Lot 3's share shall be 33.33 percent. Any Lot 4 to be developed will not be utilizing this roadway. If the Association decides before November 30, 2006 to pave the roadway then the owner shall be responsible for 50 percent of the costs of such paving, up to a maximum of $8,000.00. The balance ol'the costs of such paving shall be split equally among the remaining two Iota. D. tit the event that repairs or maintenance trust be undertaken to all or a portion of said roadway, then all lots shall contribute to the cost of such repairs and/or maintenance according to their respective percentage. E. Any and all repairs and maintenance shall be undertaken in a good and workmanlike manner so as to ensure that the roadway will be reasonably passable by all legal users thereof. Determination as to whether or not the roadway Is in need of repair and/or maintenance shall be made in (lie sole discretion ofthc road foreman, which discretion shall be exercised in a reasonable manner consistent with the usual standards for repair and maimenance, including snow and ice removal and safety issues, of private roadways. Any and all repairs and maintenance shall be undertaken within a reasonable time and without unreasonable delay so as not to interfere with any users right to gain access to their 1 / E 6 k C. CITY CLERK'S OFFICE DD Received Feb OIY2010 10:30A N Recorded in VOL: 911 PG: 289 -I OF So. Burlington Land Records Attest c go Donna KinviIle LD 0. WARRANTY DEED ``:iti G'lerlc M1 KNOW ALL PERSONS BY THESE PRESENTS, That 1600 Hinesburg Road, LLC, a a` Vermont limited liability company of Williston, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by Lawrence Parker and Valerie Parker of John's Creek, Georgia, GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the 0$ "TR N G nTS I27 -rT► Ki� said Grantee, Lawrence Parker and Valerie Parker, husband and wife, and Grantee's heil girl rs and assigns `! *+ forever, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, N Odescribed as follows, viz: 0 Being a parcel of land, consisting of 11.4 acres, more or less, with dwelling thereon situated on the easterly side of Hidden Meadow Lane, so-called, and being all of Lot #1 as shown on a plan entitled "Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, PC dated August 18, 2004, last revised October 10, 2004 and of record at Map Slide 448, Map 3 of the City of South Burlington Land Records. Being a portion of the lands and premises conveyed to 1600 Hinesburg Road, LLC by Quit Claim Deed of Michael J. Anderson dated April 4, of record at Volume 708, Page 31 of said Land Records. Being a portion of the lands and premises as conveyed to Michael J. Anderson by Warranty Deed of Mildred K. Auclair dated October 31, 2003 and of record at Volume 645, Page 592 of said Land Records. Included herewith is an easement on and over Hidden Meadow Lane for access and utilities until said roadway is accepted as a public street. Said lands and premises are subject to the following: The terms and conditions of the approvals issued by the City of South Burlington dated October 19, 2004 and July 9, 2004, as the same may be amended from time to time. Offer of Irrevocable offer of Dedication to the City of South Burlington recorded at Volume 695, Pages 444-452 of said Land Records. c. Recreation Path Easement Deed dated January 14, 2005 and of record at Volume 695, Page 453 of said Land Records. d. Private Utility Agreement, Waiver and Easement dated January 14, 2005 and of record at Volume 695, Page 456 of said Land Records. e. Private Roadway Agreement and Waiver dated January 14, 2005 and of record at Volume 695, Page 460 of said Land Records. 00007413 Va 917 PG: 290 Wastewater Permit WW-4-2277 dated January 6, 2005 and of record at Volume ^, Page of said Land Records, as may be amended from time to time. g. Public Water System Permit to Construct dated November 24, 2004, as may be amended from time to time. h. Conditional Use Determination Permit, number 2003-412 dated August 25, 2004, as may be amended from time to time. i. Access Permit issued by the Agency of Transportation, as may be amended from time to time. j. Protective Covenants for Hidden Meadow Lane dated May 10, 2005 and to be recorded in said Land Records, as may be amended from time to time. k. The easements, covenants and restrictions more particularly set forth in the above mentioned plans. I. Utility easements and utility rights of way of record, including an easement to Vermont Gas Systems, Inc. dated January 3, 2005 and of record at Volume 694, Page 566 and an easement to Green Mountain Power Corporation dated October 27, 2004 and of record at Volume 688, Page 662 of said Land Records. The property hereby conveyed is benefitted by a view easement as set forth in a Warranty Deed to Watson dated May 10, 2005 and of record at Volume 709, Page 758 of said Land Records. Also included herewith is one (1) membership in the Hidden Meadow Lane Homeowners Association. EXCEPTED AND RESERVED from this conveyance, for the benefit of the Grantor, its successors and assigns, are the all of the development rights which now or hereafter may vest with the herein conveyed property in accordance with the applicable state and local regulations, as the same may be amended form time to time. This reservation includes, but not by way of limitation, the right to convey such development rights by deed and to grant any associated density reduction easement, or similar conveyance, which may be required by said state or local regulations. Grantor acknowledges and agrees that this reservation shall not create any rights of third parties, except the rights reserved herein. Grantees, for themselves and their heirs, successors and assigns, agree to execute any documents, including but not limited to, applications, deeds, etc. as is necessary for Grantor, it successors and assigns to exercise the rights reserved herein. In the event that Grantees, their heirs or assigns are required to execute any documents, grantor agrees to pay Grantees, their heirs or assigns the sum of One Hundred Fifty Dollars ($150.00) to compensate for any legal fees or other costs they may incur in reviewing such documents. Said lands and premises are known and designated as 127 Hidden Meadow Lane, South Burlington, Vermont. Reference is hereby made to the above -mentioned deeds, the records thereof and to the deeds and records therein contained, 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, Lawrence Parker and Valerie Parker, and Grantee's heirs and assigns, to 00007413 V= 917 PG: 291 Grantee's own use and behoof forever; And the said Grantor, 1600 Hinesburg Road, LLC, a Vermont limited liability company, for Grantor and Grantor's heirs, executors and administrators, does covenant with the said Grantee, and Grantee's heirs and assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid, and except for all utility easements as may appear of record, provided that such exception shall not reinstate any such utility easements previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this day of A.D. 2010. IN THE PRESENCE OF 1600 Hinesburg Road, -LLC 9LL-D , _n By: Witness I&Ily Lord Member and Duly Authbrized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS At Burlington this ai day ofy A.D. 2010, Grantor, 1600 Hinesburg Road, LLC, a Vermont limited liability company, pers nally appeared Kelly Lord, Member and duly authorized agent, and acknowledged this instrument, by him sealed and subscribed to be his free act and deed and the free act and deed of 1600 Hinesburg Road, LLC. C-640 L-;? atj 0, Notary Public IsMy commission expires: 2.10.11 Vermont Property Transfer Tax 32 V.S_A. Chao 231 —ACKNOWLEDGEMENT— RETURN RECT-TAX PAID BOARD OF HEALTH CERT. RECT. VT LAND 115E & DEVELOPMENT a F LANS ACT. fiER- R--- Ebw- Clerk Jim Barlow From: Kevin Dorn Sent: Wednesday, December 23, 2015 11:17 AM To: Jim Barlow; Paul Conner; ray Subject: FW: Pesticides Hi guys — can we huddle and talk about this today. Thanks, Kevin Dorn City Manager City of South Burlington South Burlington, VT 05403 kdorn@sburl.com (802) 846-4107 Notice - Under VermonYs Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Larry Parker[mailto:lparker2010@comcast.net] Sent: Tuesday, December 22, 2015 3:57 PM To: Kevin Dorn <KDorn@sburl.com> Cc: Tom Hubbard <thubbard@sburl.com> Subject: RE: Pesticides Hi Kevin, Thank you for the link. I spoke with a person in the Department of Agriculture a couple of weeks ago and they made me aware that pesticide drift is indeed illegal. They have enforcement agents that will come to properties on request to test for pesticides, and they do have the power to fine offenders. However, the official also made me aware that enforcement is not an easy process, especially since there are only a handful of agents responsible for a large region all the way up to the Canadian border. As I mentioned last evening at the meeting, we specifically moved to the Hidden Meadow neighborhood because of its protective covenants that forbid neighbors from spraying pesticides and herbicides on their lawn. These covenants are on file with the town of South Burlington, and it was a requirement by the town in order for the development to be built. I have a copy of the Final Plat Application #SD-04-68 for Mike Anderson "3 Lot SubDivision" Findings of Fact and Decision, and on page 3 it states the following: 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 Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions: a. prohibit application of pesticides/herbicides in wetlands and their buffers, b. prohibit removal of wetland vegetation; c. etc. It was also our understanding, from talking with Ray Belair years ago, that the property south of us (the Auclair property east of Hinesburg Road) is a protected wildlife corridor and was preserved as meadow and pasture. So given the above, we cannot understand how the town could permit spraying of pesticides and chemicals on that region of land! We frequently experience very strong winds coming from the south, and this would certainly send any sprayed pesticides onto our property. I have enclosed a video that shows how easily pesticides can drift, so I find it impossible that we would not get drift if the farmer were allowed to spray. https://www.youtube.com/watch?v=RaOLznirVUk Our meadow and the property south of us has been home to bobcats, coyotes, deer, fox, red tailed hawks, as well as mallard ducks in the wetland area on our property. This wildlife would certainly be affected by pesticides. Therefore, allowing the farmer to spray pesticides is inconsistent with the town's original intentions of providing suitable protection to wetlands, streams, and wildlife habitat. I acknowledge that the land south of us is not ours and we cannot control what they do with their property. However, when the activity on their property affects our property and our family (our children are very sensitive to chemicals), we feel like we must do everything we can to protect ourselves. Is there anything the town can do to help us and to protect what's left of the wildlife in South Burlington? Thank you. -Larry Parker From: Kevin Dorn [mailto:KDom('absburl.com] Sent: Tuesday, December 22, 2015 2:52 PM To: Iparker20100bcomcast. net Cc: Tom Hubbard Subject: Pesticides Hi Larry — I was busy adjusting the sound in the meeting room last night and didn't hear all of the concerns you raised about pesticide use in your neighborhood. Tom Hubbard forwarded your email to me because I thought a good place to start addressing your concerns was with the Vermont Agency of Agriculture, Food and Markets. The Agency has E& Vr Fwwm T-I, Hdp - - - ------------------- - - - -------- AWUIAINIL. a Wkwi-mm= -6 Map Layers (ever Theme Atlas tsprs (deleultl U, Can m - VCGI Map Smke (7) W. Attu layers ffl WJ W... m-.q.—t L 65 Flh..dW4M. & fJ wt—hw PMKG- G-IM 0 Disking Wi. Ll 0 Faras4 P.6...d R.—A.. F--1 fA ANR 0, D.t. Bu0n9, (E91L) U Act25OhmW-TNCOh1PIE,-' u Ll R.W, --.dy ❑ stream Lj Wt.AW 6 ... doy N-1 U WCh—pl— Segment 66 ❑ P.—k (m— available) i Viflage Greens G 0 Smart Growth D..dg-ti— 8 66 T—, Bowdary ❑ C..,dy 9—d.,y Q Density fHabitable 8,M19, Show L.J.sd Fd.,- e Natural R-- Afts HOME Ir M-TI 1ayrrs regulatory authority over the use of pesticides in the state. Have you had a chance to look at their website to see if they might be helpful? Here is a link to their site http://agriculture.vermont.gov/pesticide regulation Please let me know if you are able to have your concerns addressed by the Agency. Thanks, Kevin Dorn City Manager City of South Burlington South Burlington, VT 05403 kdorn@sburl.com (802) 846-4107 Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. BERGERON PARADIS FITZPATRICK LLP j rt 7 -OF IRREVOCABLE DEDICATION OFFER Bement made this 1 CV — day of January,2005, by and between Michael J. Anderson, of Williston, County of Chittenden, and State of Vermont (the "Owner") and the City of South Burlington, a Vermont municipality located in the County of Chittenden and State of Vermont (the "City") WITNESSETH WEEREAS, the City of South Burlington Development Review Board, by decision dated October 19, 2004, approved a 3 lot development and subdivision on 14 acres of land fronting on Hinesburg Road, as shown and depicted on a plan entitled "Anderson Property Site Plan", prepared by Llewellyn -Howley, Incorporated, dated September 1, 2004, last revised December 27, 2004. Deference is also made to a map entitled "A Subdivision Plat of the Lands of Michael J. Anderson", prepared by Button Professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide q, Page , of the City of South Burlington Land Records; and WHEREAS, the final approval of the Development Review Board obligates Owner to dedicate to the City a recreation path easement and a future roadway extension as shown on said plan; and WHEREAS, the above -described recreational path easement and future roadway extension are to be dedicated to the City, free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owner has delivered warranty deeds of conveyance to the City for the roadways and easements above -described. BERGERON PARADIS FITZPATRICK LLP NOIN THEREFORE, in consideration of the City Development Review Board's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owner, and for other good and valuable consideration, Owner hereby grants and conveys to the City the following: 1. The Owner herewith delivers to the City a Warranty Deed and an Easement Deed, copies of which are set forth as Exhibits A and B, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owner agrees that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time in its entirety or as to any individual conveyance. 3. This Irrevocable Offer of Dedication shall run with the land and be binding upon the Owner and its successors and assigns. DI WITNESS WHEREOF, the Owner hereby executes this Offer as of the day first above written. IN PRESENCE OF: .7 Witness Michael Anderson STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said County and State, this J day of January, 2005, personally appeared Michael Anderson, Inc., and acknowledged this instrument, by him signed, to be his free act and deed. Before Notary Pub4J' My Commission expires: 2/10/07 C I STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITE' OF SOUTH BURLINGTON ;ya; Charles Haft r, City Manager At South Burlington, in said County and State, this D day of January, 2005, personally appeared Charles Hafter, City Manager and duly authorized agent of the City of South Burlington, and acknowledged this instrument, by him signed, to be his free act and deed, and the free act and deed of the City of South Burlington.: - Notary Nbfic My Commission expires: ?/ 10/07 BERGERON PARADIS -' !"FITZPATRICK LLP EXHIBIT A WARRANTY DEED KNOW ALL PERSONS ]BY SSE PRESENTS, That Michael J. Anderson of Williston, in the County of Chittenden and State of Vermont, GRANTOR (whether singular or otherwise, hereinafter referred to as "Grantor"), in the consideration of TEN AND MORE DOLLARS paid to Grantor's full satisfaction by City of South Burlington of South Burlington, in the County of Chittenden and State of Clermont, GRANTEE (whether singular or otherwise, hereinafter referred to as "Grantee"), by these presents, do freely ,GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee, (City of South Burlington, a Vermont municipality, and Grantee's heirs and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: A parcel of land 60 feet in width, which parcel extends in a generally north -south direction from the northerly boundary of Grantor's parcel to 'the southerly boundary of Grantor's parcel and is identified as "60' right of way to the City of South Burlington for future roadway extension" on a plan entitled "Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide q , Page 3, of the City of South Burlington Land Records Being a portion of the lands and premises conveyed to the Grantor herein by Warranty Deed of Mildred Auclair dated October 31, 2003 and of record at Volume 645, Page 592 of said Land Records. Said lands and premises are subject to the terms and conditions of the permits and approvals issued by the State of Vermont. Said lands and premises are also subject to an access easement for the benefit of Lot 1. Grantor agrees that in the event the {grantee constructs a public right of way within the above described parcel, that said access easement for the benefit of Lot 1 shall automatically terminate. Grantor agree to execute and record any documents necessary to effect such termination. Grantor agrees to execute an Easement Agreement with Green Mountain power Corporation to specifically identify the location of the electrical service lines servicing Lots 1, 2 and 3. Grantor acknowledges that said Easement Agreement shall be subject to this grant to the City of South Burlington. Reference is hereby made to the above -mentioned deeds, the records hereof and to the deeds and records therein contained, all in further aid of this description. TO H1AVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, City �af South Burfington, a Vermont municipality, and Grantee's heirs and assigns, to Grantee's own use and behoof forever; And the said Grantor, Michaei J. Anderson, for Grantor and Grantor's heirs, executors and administrators, does covenant with the said Grantee, and Grantee's heirs and .assigns, that until the ensealing of these presents Grantor is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that they .are FREE FROM EVERY El'a1tCUMBRA114CE, except as aforesaid, and except for all utility easements as may appear of record, provided that such exception shall not reinstate any such utility easements previously extinguished by Title 27 Vermont Statutes Annotated, Chapter 5, Subchapter 7; and Grantor hereby engages to WA ANT AMID DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed and acknowledged this IN THE PRESENCE OF Witness STATE OF VERMONT day of CHITTENDEN COUNTY, SS A.I. 2005. Michaei J. Anderson At this day of A.D. 2005, Grantor, Michael J. Anderson, personally appeared and acknowledged this instrument, by said Grantor sealed and subscribed to be said Grantor's free act and deed. Notary Public My commission expires: e\anderson\auclairhinesburgrd\soburl.wd EXHIBIT B K��T01il/ ALL MEN BY THESEPRESENTS that Michael J. Anderson of Williston in the County of Chittenden and State of Vermont (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents does give, grant, sell, convey and confirm unto the City of South Burlington, a Vermont municipality, in the County of Chittenden and State of Vermont (Grantee) .and its successors ,and assigns an easement in perpetuity, twenty feet (20') in width, for the purpose of installing, repairing, maintaining, :restoring and/or ;replacing a recreation path under, over and through the following property: Being a strip of land 20 feet in uniform width running in a generally north -south direction along from the northerly boundary of Grantor's parcel to the southerly boundary of Grantor's parcel. The westerly boundary of said right of way easement is Hinesburg Road. Said easement is identified as "20' recreation path easement to the City of South Burlington" on a plan entitled 56Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide '1461�, Page 3 of the City of South Burlington Land Records. Said lands and premises are subject to the following: A. A 30 foot access easement for lots 1, 2, and 3 as shown on said plan; ,and B. Terms and conditions of the permits and approvals issued by the State of Vermont; and C. Apparent utility easement as shown on said plan; .and D. Existing easements of record. Said easement and right-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 bilces 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 all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors and assigns, that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it 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, acknowledges that it has been donated to the Town, at no cost to the Town, with the intent that Grantor shall receive the full benefit and protection of 19 V.S.A. Section 2309. For purposes of construction, a temporary easement and right-of-way ten feet (10') on each side of said permanent easement and right-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. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of- way, but Specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor herein by "Warranty Deed of Mildred Auclair dated October3l, 2003 and of record at Volume,645, Page 592 of said Land Records. Reference is hereby made to the above -mentioned deeds, the records hereof and to the deeds and records therein contained, all in further aid of this description. Gr antor, its successors and assigns, shall have the right to rnalce use of the surface of the land subject to this easement such as shall not be inconsistent with the use of the easement by the -,vithin Grantee) but specifically shall place no structures, landscaping or other improvements within said easement which shall prevent or interfere with the Grantee's ability to exercise his rights granted hereunder. The Grantee, his heirs, successors and assigns, agree that any premises affected by his yntry pursuant to this easement shall be restored to its condition prior to such cntry at Grantee's own cost and i✓ithin a reasonable time. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantee, his heirs, successors and assigns, to his own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with the Grantee, his heirs, successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises and has good right and title to convey the same in the manner aforesaid, that it is free from every encumbrance; and it does hereby engage to warrant and defend the same against all lawful claims whatever. DATED at Essex Junction, Vermont this day of , 2005. iN THE PRESENCE OF: Michael J. Anderson STATE OF VElgMONT CHITTENDEN COUNTY, SS. At , Vermont this day of , 2005, Michael J. Anderson, personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, elandersonlauclairhinesburgRdlreepath. ed NOTARY PUBLIC y �� UM ' �� BERGERON PARADIS '-R 'FITZPATRICK LLP ECREATION PATH EASENIIE+ NT DEED ,•,a• 4ssl��'-j'�� KNOW ALL MEN BY THESE PRESENTS that Michael J. Anderson of Williston in the County of Chittenden and State of Vermont (Grantor), for good and valuable consideration, the receipt of which is hereby acknowledged, by these presents does give, grant, sell, convey and confirm unto the City of South Burlington, a Vermont municipality, in the County of Chittenden and State of Vermont (Grantee) and its successors and assigns an easement in perpetuity, twenty feet (20') in width, for the purpose of installing, repairing, maintaining, restoring and/or replacing a recreation path under, over and through the following property: Being a strip of land 20 feet in uniform width running in a generally north -south direction along from the northerly boundary of Grantor's parcel to the southerly boundary of Grantor's parcel. The westerly boundary of said right of way easement is Hinesburg Road. Said easement is identified as "20' recreation path easement to the City of South Burlington" on a plan entitled "Subdivision plat of the Lands of Michael J. Anderson" prepared by Button professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide I IS, page 3 of the City of South Burlington Land Records. Said lands and premises are subject to the following: A. A 30 foot access easement for lots 1, 2, and 3 as shown on said plan; and B. 'berms and conditions of the permits and approvals issued by the State of Vermont; and C. Apparent utility easement as shown on said plan; and D. Existing easements of record. Said easement and right-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, BERGERON P_ARADIS 'FITZPATRICK LLP maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. Grantee further agrees, for itself and its successors and assigns, that any premises affected by its entry pursuant to this easement and temporary construction easement shall be restored to their condition prior to such entry at its own cost and within a reasonable time. Grantee agrees, for itself and its successors and assigns, that it will indemnify and hold the Grantor harmless, to the full limits of liability insurance that it 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, acknowledges that it has been donated to the Town, at no cost to the Town, with the intent that Grantor shall receive the full benefit and protection of 19 I.S.A. Section 2309. For ,purposes of construction, a temporary easement and right-of-way ten feet (10') on each side of said permanent easement and right-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. The within Grantor, its successors and assigns, shall have the right to make use of the surface of the right-of-way and easement such as shall not be inconsistent with the use of said right-of- way, but specifically shall place no structures, landscaping or other improvements within said easement and right-of-way which shall prevent or interfere with the within Grantee's ability to use said easement and right-of-way. Grantee acknowledges that the construction and maintenance of improvements necessary to provide access to Grantor's property shall not be inconsistent with the use of this easement by the Grantee. Being a portion of the lands and premises conveyed to the Grantor herein by Warranty Deed of Mildred Auclair dated October 31, 2003 and of record at Volume 645, Page 592 of said Land Records. Deference is hereby made to the above -mentioned deeds, the records thereof and to the deeds and records therein contained, all in further aid of this description. Grantor, its successors and assigns, shall have the right to make use of the surface of the land subject to this easement such as shall not be inconsistent with the use of the easement by the within Grantee, but specifically shall place no structures, landscaping or other improvements within said easement which shall prevent or interfere with the 'Grantee's ability to exercise his rights granted hereunder. The Grantee, his heirs, successors and assigns, agree that any premises affected by his BERGERON PARADIS �FITZPATRLC& LLP entry pursuant to this easement shall be restored to its condition prior to such entry at Grantee's own cost and within a reasonable time. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the Grantee, his heirs, successors and assigns, to his own use and behoof forever; and the Grantor, for itself and its successors and assigns, does covenant with the Grantee, his heirs, successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises and has good right and title to convey the same in the manner aforesaid, that it is free from every encumbrance; and it does hereby engage to warrant and defend the same against all lawful claims whatever. DATED at Essex Junction, Vermont this day of 2005. IN THE PRESENCE OF: Michael J.,Ahderson STATE OF VERMONT CHITTENDEN COUNTY, SS. At this Vermont day of Anderson, personally appeared and he acknowledged this Anstrument, subscribed, to be his free act and deed. Before me, BLIC NOTAR](, -PU e\anderson\auclairhinesburgRd\reepath.ed Verm,01)t Propearb] TrzinsfE-Ir Tall 32 V.S.A. Chap 231 NT- 1 licAl 1-14 CERT. RECS RETURN RI ACT. CERT. REO'D Date , 1 1 namczUMIENT 2005, Michael J. by him sealed and r l - 1 ✓' 'Li %REEMENT, by and between Michael J. Anderson hereinafter referred as "Owner" and the City of South Burlington, a municipal corporation located in Chittenden County, Vermont, hereinafter referred to as "City". WITNESSETII: WHEREAS, the City of South Burlington Development Review Board, by decision dated October 19, 2004, approved a 3 lot development and subdivision on 14 acres of land fronting on Hinesburg Road.. as shown and depicted on a plan entitled "Anderson Property Site Plan", prepared by Llewellyn -Rowley, Incorporated, dated September 1, 2004, last revised December 27, 2004. Reference is also made to a map entitled "Subdivision Plat of the Lands of Michael I. Anderson" prepared by :Button Professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide c7l1g, , Page of the City of South Burlington Land Records; and WHEREAS, the Development is to be benefitted by a certain private water line, sewer line, sewer pump station, sewer force main, (the "Improvements") and an easement identified on said Plan as "30 foot easement to the City of South Burlington for utility access" and as shown on said Plan; and WHEREAS, the City has approved the Development with the Improvements thereon and is beneftted by the same subject to certain conditions; and BExcEROIv PARADIS I WHEREAS, the parties desire to record a confirmation of those conditions to the effect that FITZPATRICK LLP by granting said approvals and otherwise authorizing said project, the City has not assumed, but rather has specifically desavowed, any intention or obligation to repair or otherwise maintain said Improvements except as otherwise provided herein; NOW, THEREFORE, in consideration of the final approval of the project by the City's Development Review Board and other good and valuable consideration, it is covenanted and agreed as follows: 1. Owner waives any right or claim he may have by virtue of the City's approval of said Improvements to request the City to accept the same as public improvements. 2. Owner will not at any time in the future change the location of said Improvements nor extend said Improvements without the prior approval ofthe City's Development Review Board. 3. Owner for himself and his successors and assigns, hereby waives any right he, now has or may hereafter acquire to seek repair or maintenance from the City with regard to said Improvements. 4. Owner, and his successors and assigns, shall construct, operate, repair and maintain said Improvements at their own expense and keep the same in good order and repair. 5. When reasonably necessary, the City shall provide Owner, his successors and assigns, reasonable notice of the need to repair and/or maintain said Improvements to protect the health and welfare of the public. ° In the event that the Owner, or his successors and assigns, shall fail to repair or maintain said Improvements to protect the public health or welfare, the City may, but is under no obligation to do so, with 24-hours notice (if reasonable) to the Owner, make needed repairs thereto. The Owner or his respective heirs, executors or administrators, shall advise the City Zoning Administrator, from time to time, of the name, address and telephone number of the BERGERON PARADIS I I person(s) designated by them, or their respective heirs, executors or administrators, to respond to ;j _FITZPATRICK LLP the City relating to said Improvements. For the purposes hereof, the City shall have sole discretion, reasonably exercised, to determine when repairs are required to protec the public health and welfare and what repairs and/or maintenance are required for such purpose. In the event that the City incurs BERGERON PARADIS i'FITZPATRIQK UP any expenses in to repairing and/or maintaining said Improvements, all of those expenses shall be assessed against the Owner, or his heirs, executors and administrators. If the amounts so assessed are not paid in full within ninety (90) days from the date of assessment, such amounts shall then be assessed as a lien, on a proportional basis, against each of the lots in the development, as shown on the Plat, and the City may recover such amounts in the same manner as it may recover real property taxes assessed against each of the said lots. 6. Owner hereby grants the City an easement and right to enter upon his property for the purpose of maintaining and making repairs to the Improvements, as provided above. 7. Nothing contained in this Agreement shall be construed as obligating the Owner to dedicate said Improvements as public storm sewage improvements, and similarly, nothing contained in this Agreement shall be construed as obligating the City to accept any such proffered dedication. 8. This Agreement may only be amended or revoked upon written consent and approval of the City. 9. This Agreement shall not only be binding upon the parties hereto, but also upon their respective successors and assigns. Dated at`'= ^ r j .... , Vermont this day of January,,:2005. -i •... "•. 9 +" f /,^ �� „ fry' Witness Michael J. Anderson STATE OF VERMONT CHITTENDEN COUNTY, SS On this - day of January, 2005 before me personally appeared Michael J. Anderson and he acknowledged this instrument by him sealed and subscribed to be his free act and deed. d Notary Public My Commission expires 2/10/07 A7ie �S STATE OF VERMONT CHITTENDEN COUNTY, SS City of South Burlington By: D-U* AuthodZe'd Agent On this --'; �� � clay of January, 2005 before me personally appeared ;A .4k j ";rb—�-� ud ly authorized agent of the City of South Burlington and he7-she/they acknowledged this instrument by tjLn/her/them. sealed and subscribed.' tobelhis/h6r/their free act and deed and the free act and deed of the City of South BurhlTtqn., BERGERON PARADIS -'r'FITZPATRICK LLP RA AGREEMENT by and between MICHAEL J. ANDERSON of Williston, Vermont, hereinafter referred to as "Owner" and the CITY OF SOUTH BURLINGTON hereinafter referred to as "Municipality." WITNESS1ETH: WHEREAS, the City of South Burlington Development Review Board, by decision dated October 19, 2004, approved a 3 lot development and subdivision on 14 acres of land fronting on Hinesburg Road, as shown and depicted on a plan entitled "Anderson Property Plan", prepared by Llewellyn -Howley, Incorporated, dated September 1, 2004, last revised December 27, 2004. Reference is also made to a map entitled "Subdivision Plat of the Lands of Michael J. Anderson" prepared by Button Professional Land Surveyors, dated August 18, 2004, last revised October 18, 2004 and recorded in Map Slide - Page Q of the City South Burlington Land Records; and WHEREAS, the Project will be serviced by a private roadway, depicted as "30 foot access easement to lot 2 and 3 on the Plan; and WHEREAS, the Municipality has approved the final subdivision application with said private roadway subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of said conditions to the effect BERGERON PARADIS that by granting said approval and otherwise authorizing said Project, the Municipality has not FITZPATRICK LLP assumed, but rather has specifically disavowed any intention or obligation to plow, repair or otherwise maintain said roadway or to accept the same as a public street. BERGERON PARADIS �-,�,-�FITZPATRICK LLP NOW THEREFORE, in consideration of the final approval of the Municipality's Development Review Board and other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owner will not apply to the Municipality to have said roadway accepted as a public street. I The Owner waives any rights he may have or claim by virtue of the Municipality's approval of said roadway, to request the Municipality to accept the same as a public street. 3. The Owner will not in the future change the location of said roadway nor said roadway without the prior approval of the Municipality's Development Review Board, shall they permit said roadway to service more than three (3) lots without prior approval of the Municipality's Development Review Board. 4. The Owner, for himself and his heirs, successors and assigns, hereby waives any rights he now has or may hereafter acquire to seek plowing, repair or maintenance from Municipality with regard to said roadway. 5. The Owner, and his heirs, successors and assigns, shall plow, repair and maintain said roadway at their own expense and keep the same in good order and repair. 6. Nothing contained in this Agreement shall be construed as obligating the Owner to dedicate said roadway as a public street, and, similarly, nothing contained in this shall be construed as obligating the Municipality to accept any such proffered dedication. 7. If Municipality constructs a public right of way adjacent to said private roadway, identified on the above plan as "Relocated 60 foot right of way to City of South Burlington for future roadway extension", the Owners of Lots 1, 2 and 3 shall use said public BERGERON PARADIS -FITZPATRICK LLP roadway to access their lots and shall discontinue use the private roadway identified on the above plan as " 30 access easement to Lot #2 and Lot #3 ) " within, ninety (90) days of receiving written notice from Municipality. The owners of Lot 1 also agrees to discontinue the access easement over the parcel of land conveyed to the Municipality by Warranty Deed of or about even date herewith. If the owners of Lots 1, 2 and 3 shall fail to close said Roadway, or if the owner of Lot I fails to discontinue the access easement, within ninety (90) days of receiving such notice, Municipality may close the curb cut(s) and collect from the Lot owners, on a pro rata basis, the reasonable cost, for such work. S. This Agreement may only be amended or revoked upon written consent and approval by the Municipality. 9. This Agreement shall not only be binding upon -the parties hereto, but also upon their respective successors and assigns. Dated at South Burlington, Vermont, this day of January, 2005. IN THE PRESENCE OF: 2 Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Michael J. Anderson At C. in said County, this day of January, 2005, Michael J. Anderson personally appeared and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me,-,'. Notary llpl`- My Commission Expires: 7 IN TIJE PRESENCE OF: CITY OF SOUTH BURLINGTON 2� 1 By: I W694s. Charhe-s�after, City�Manager STATE OF VERMONT COUNTY OF CHITTENDEN )SS At South Burlington on thiM:�-- day of January, 2005, personally appeared Charles , Hafter, City Manager, and he acknowledged this instrument by him, sealed and subscribed, to be his free act and deed and the free act and deed of the City of; .South...Burlington. Before me, 7 Notary Public My Commission Expires: 2-10-0.7 e\anderson\ 1600hinesburgRdXroadway. afire BERGERON PARADIS FITZPATRICK LLP CUMENT LLEWELLYN X HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: August 23, 2005 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Anderson Property File: 2004013 Copies: Message: Please find attached • Test results as submitted to the State of Vermont and CWD Please call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED �le Skip McClellan 20 Kimball Ave. Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting LLEWELLYN - HOWLEY I N C O R P O R A T E D FIELD REPORT TEST and OBSERVATION of SEWERS and MANHOLES Date: May 23, 2005 (date of this memo) May 20, 2005 (date of test) To: File/ANR/SB Re: Anderson Property File: 2004013 Weather: Sunny, 60° Present: Skip McClellan (Llewellyn -Howley Inc.), Kyle (Bevins Contracting), Costas Corytsas (VT Testing and Field Services) Test installed manholes: SMH#2 and SMH# 1 Arrived at site 7:45am. Test contractor (VT Testing and Field Services) and equipment on site but not set up. Set up to test SMH#2 (south end of sewer system). Test contractor concerned with chipped condition of concrete at top of cone. Worried he may not get a good seal. Plugged inverts and began vacuum test. Test device fell into manhole at approximately half way to test vacuum (100"). Test device was ruined. Site contractor (Kyle) sent man to get flat style vacuum tester. Set up on SMH #2 and pumped out to 200" with no difficulty. No loss in two minute test. SMH #2 PASSED. Set up on SMH #1. No loss in two minute test. SMH #1 PASSED. 300' of 8"PVC rgravity sewer between SMH#2 and SMH#1 Plugged ends with inflatable balls and pressurized to 4.2psi. Pressure held for duration of 3.6 min test. PASSED 70' of 8"PVC rg avity sewer between SMH#1 and Pump Station Plugged ends with inflatable balls and pressurized to 4.3psi. Pressure held for duration of 0.8 min test. PASSED Observations • Invert of SMH#2 has very little or negative slope. Small puddle of water sits in manhole trough. • Trough in receiving manhole (pump station outfall) unfinished at time of observation. Contractor stated invert in existing manhole would be completed prior to use of pump station. • All manholes, pipes, pump station and valve pit backfilled to rims at time of testing. LLEWELLYN-HOWLEY INCORPORATED, LEE$; STt'� \ /� �t Skip McClellan; '�� LLEWELLYN - HOWLEY I N C O R P O R A T E D FIELD REPORT TEST and OBSERVATION of DUPLEX PUMP STATION and FORCE MAIN Date: May 23, 2005 (date of this memo) May 20, 2005 (date of test) To: File/ANR/SB Re: Anderson Property File: 2004013 Weather: Sunny, 60° Present: Skip McClellan (Llewellyn -Howley Inc.), Kyle (Bevins Contracting), Costas Corytsas (VT Testing and Field Services) The connection of the new 2"PVC force main to existing manhole (Kendrick Drive) previously made with 8"x2" FERNCO adaptor to 3' length of 8"DI pipe. Construction of connection buried, paved over and unobserved by this office. Contractor was concerned FERNCO fitting would not hold up to 50psi test pressure. Contractor was able to reach into 8"DI pipe to place 2" inflatable ball into end of 2"PVC force main pipe. Pipe was filled with water and pressurized to 50psi* through 2"PVC emergency connection in valve pit. Leak evident around 2" ball at discharge end (Kendrick Drive). After several tries it became obvious the ball would not withstand 50psi. Backed down pressure until obvious leak stopped at 42psi. Shut down valves/pumps and started 2 hour test at 2:15pm. Pressure dropped to slightly above 40psi in 2 hour test*. No leakage calculations performed as pressure had not dropped more than 5psi. Test completed at 4:15pm. PASSED * Water in force main was not allowed to rest under pressure to ensure all air was released. We suspect majority of pressure drop caused by consolidation of small air pockets into test water. Observations • Slow drip into wet well from electrical conduit. Electrical connections to pumps/equipment had not been made at time of force main test. • Extra 45' fittings installed on one pump discharge to align pipe with holes in pump station wet well. • Emergency connection in valve pit unfinished at time of observation. • Trough in receiving manhole unfinished at time of observation. Contractor stated invert in existing manhole would be completed prior to use of pump station. LLEWELLYN-HOWLEY INCORPORATED, it Skip McClellan LLEWELLYN , HOWLEY I N C O R P O R A T E D FIELD REPORT Date: December 7, 2004 To: 2004013 Re: Anderson Subdivision File: 2004013 Weather: Clouds, light snow, 30- Present: Skip McClellan, Kyle (Contractor) Arrived @ Kendrick Drive 7:45am, contractor on site, test set up. Water main, two hydrants, services, caps installed and backfilled. Contractor had pressurized yesterday and left all night. Said small drop over night. Test started 8:00 am. L = SXDX P 133,200 . S = length of main in feet D = nominal diameter in inches 8" water main—1,0109 L = 1,010 x 8 x �210 133,200 L = 0..88 gal/hr. = 1.76 gal/test P = test pressure (210 psi) Test ran 2.0 hrs. Pressure dropped to 205 psi.. Required 99 oz. (1.03 gal.) to return to 210 psi. PASSED LLEWELLYN-HOWLEY INCORPORATED, a 0 le Skip McClellan VERMON EPARTMENT OF HEALTH LABORATO 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2004039416-001-A State Health Dept No. 05WB5681 Kit Type Kit A Coliform (Homeowners) WSID# Report To RON BEVINS 141 RIVER STREET MILTON VT 05468 Date/Time Received 12/14/2004 10:02:00 Date/Time of Collection 12/14/2004 08:30:00 r Uu11k. VVOLVI JyJLWIII Willy Sampler Title OTHER Purpose of Sample Routine Type of Sample Chlorine, free 0.03 Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By KYLE Sample Location FUTURE BLDG LOT/MIKE ANDEI Date Reported 12/15/2004 est - JLesult Description _�J0 Method MMO-MUG Total coliform not detected, E. coli not detected Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. Results relate only to the items tested. This sample was not analyzed for possible chemical contamination. This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (1V.S.A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory. If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 12/15/2004 11:31:13 VERMOK ,EPARTMENT OF HEALTH LABORAT( 195 COLCHESTER AVENUE BURLINGTON, VERMONT 05402-1125 (802) 863-7335 (800) 660-9997 (VT ONLY) WATER BACTERIOLOGY RESULTS LITS Number 2004039415-001-A Kit Type Kit A Coliform (Homeowners) Report To RON BEVINS 141 RIVER STREET MILTON VT 05468 Date/Time Received 12/13/2004 08:43:00 Date/Time of Collection 12/13/2004 08:30:00 State Health Dept No. 05WB5613 WSID# rumnc vvater system un Sampler Title OTHER Purpose of Sample Routine Type of Sample Chlorine, free 0.03 Chlorine, total Field Temp (C) Action Limit Town South Burlington Collected By KYLE M Sample Location MIKE ANDERSON/COPPER SER Date Reported 12/14/2004 (Test IlResult Description Method MMO-MUG Total coliform not detected, E. coli not detected SM 9223 Comments: Registry Comments: The water sample tested is bacteriologically suitable for drinking (potable). IMPORTANT: Bacteriological testing of a single sample of water is only one means of determining the suitability of water for drinking. It is also critical that the water source location, system construction and ongoing maintenance/treatment are adequate to consistently protect against bacterial contamination. Results relate only to the items tested. This sample was not analyzed for possible chemical contamination. This is a public record. Information contained in this report may be used for statistical purposes and may be released upon request, persuant to Vermont Access to Public Documents law (1 V.&A.315-320) This report shall not be reproduced, except in full, without the written approval of the laboratory. If you have questions about this report, please call the laboratory at (802)863-7335 Date Printed: 12/14/2004 12:25:27 SOUTH BURLINGTON WATER DEPARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 August 29, 2005 Mr. Skip McClellan Llewellyn -Howley, Inc. 20 Kimball Ave, Suite 202N South Burlington, VT 05403 RE: Anderson Property Dear Skip: The Specifications And Details For The Installation Of Water Lines And Appurtenances For All Water Distribution Systems Owned By The Champlain Water District, The City Of South Burlington, Colchester Fire District #1, And The Village Of Jericho requires that Water System As-Builts be prepared and submitted to the CWD Retail Superintendent at the completion of the water system construction. The applicant/developer is responsible for any necessary repairs or corrections as part of the project warranty until the appropriate water system improvements are deeded to the municipal water system. At the end of the warranty period and prior to acceptance, an inspection will be performed by the CWD Retail Department to develop a punch list of deficiencies pertaining to the water system. Ownership, as determined in the plan review process by the appropriate water system shall not take place until all deficiencies have been corrected. We have received a copy of the As-Builts for the above referenced project and performed an inspection on the area within those plans. We inspected the following infrastructure items during the course of our inspection: 1. Valves, hydrants, and curb stops accessible and operating properly. 2. Valves boxes and covers set plumb and at proper elevations. 3. Proper hydrant opening direction, nozzle thread, and barrel color. 4. Proper distance from the face of the curb of hydrant nozzles. 5. Curb boxes inside the ROW, set to grade, plumb, with operating rod. 6. Tie information and record drawings complete and submitted. 7. Material testing results. Lab reports, and leakage test results complete and on file. 8. Service connections on lots that have had construction completed 9. General appearance. 10. Submittal of As-Builts in hardcopy format and Auto-CAD.DWG Version 14 format or newer. The South Burlington Water Department finds the water infrastructure for the above referenced location was constructed in general conformance of the previously approved plans and specifications, and that current conditions are acceptable to this department, with the exception of the following: Submittal of As-Builts in hardcopy format and Auto-CAD.DWG Version 14 format or newer. If you have any questions or I can be of further assistance, please do not hesitate to call me. Sincerely, S4/a, uth Burli gton Water Department 'Jay Nadeau Superintendent CC: Ray Belair t/ Plan Reviews: Anderson Property Final Inspection -acceptance John J. Bergeron BERGERON PARADIS Vincent A. Paradis Edward D. Fitzpatrick T T FI ZL PATRICK LP Priscilla B. Dube 1�7-� Douglas G. Kallen A T T O R N E Y S Daniel P. O'Rourke Kerin E. Stackpole Michael D. Danley David D. Aman January 14, 2005 OF COUNSEL: John W. O'Donnell Department of Planning and Zoning City of South Burlington Attn: Raymond J. Belairl Administrative Officer 575 Dorset Street South Burlington, VT 05403 Re: Michael J. Anderson Dear Ray: REPLY TO: 34 Pearl Street P.O. Box 174 Essex Jct., VT 05452-0174 Tel (802) 879-6304 Fax (802) 879-6533 www.bpflegal.com Enclosed please find unsigned copies of the roadway deed and the recreation path deed to be attached to the Irrevocable Offer. Edward D. Fitzpa ick, Esq. Efitz@essex.bpflegal.com EDF:aka Enclosure cc: Timothy Eustace, Esq. BURLINGTON OFFICE: 27 Main Street 0 P.O. Box 925 0 Burlington, Vermont 05402-0925 • Tel (802) 863-1191 • Fax (802) 863-5798 ( C` John J. Bergeron BERGERON PARADIS Vincent A. Paradis Edward D. Fitzpatrick Priscilla B. Dube �"ffITZPATRICK LLP � Douglas G. Kallen A T T O R N E Y S Daniel E O'Rourke Kerin E. Stackpole Michael D. Danley David D. Aman January 14, 2005 OF COUNSEL: John W. O'Donnell Department of Planning and Zoning City of South Burlington Attn: Raymond J. Belair,_ Administrative Officer 575 Dorset Street South Burlington, VT 05403 Re: Michael J. Anderson Dear Ray: REPLY TO: 34 Pearl Street P.O. Box 174 Essex Jct., VT 05452-0174 Tel (802) 879-6304 Fax (802) 879-6533 www.bpflegal.com Enclosed for filing please find the following documents which have been executed by Mike: Offer of Irrevocable Dedication Warranty Deed Easement Deed Private Utility Agreement Waiver and Easement Private Roadway Agreement and Waiver These documents have been approved by Timothy Eustace, Esquire. I received a copy of the note that he forwarded to you. It is my understanding that you have the original mylar. That document needs to be recorded today so that the approval does not expire. Please let me know if there is a problem. Sincerely, Edward D. Fifzpatrick, Esq. Efitz@essex.bpflegal.com EDF:aka Enclosure cc: Timothy Eustace, Esq. BURLINGTON OFFICE: 27 Main Street 0 P.O. Box 925 0 Burlington, Vermont 05402-0925 0 Tel (802) 863-1191 0 Fax (802) 863-5798 1 1 `- State of Vermont WASTEWATER SYSTEM AND POTABLE WATER SUPPLY PERMIT LAWS/REGULATIONS INVOLVED Environmental Protection Rules Effective January 1, 2005 Case Number: WW-4-2277 PIN: EJ04-0438 Landowner: Michael Anderson 118 Wildflower Circle Williston VT 05495 This project, to create Lot 1 (11.40 acres), Lot 2 (1.36 acres) and Lot 3 (1.36 acres) each for a proposed four bedroom single family residence, all lots served by municipal water and wastewater services, located on Hinesburg Road in South Burlington, Vermont, is hereby approved under the requirements of the regulations named above subject to the following conditions. GENERAL This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Environmental Conservation, Water Supply Division — telephone (802) 241-3400, Water Quality Division — telephone (802) 241-3770, the Department of Labor & Industry — telephone (802) 828-2106 or (802) 879-2300, the Department of Health — telephone (802) 863-7221, and local officials pLiff to proceeding with this project. 2. The project shall be completed as shown on the following plans prepared by Lance Llewellyn which have been stamped "approved" by the Wastewater Management Division: Project # 2004013: Anderson Property Plans: "Site Plan" dated 9/1/04, last revised 12/27/04; "Profile and Details" dated 9/1/04, revised 11/17/04; "Pump Station Details" dated 8/30/04, revised 11/17/04; "Details" dated 9/1/04, last revised 11/17/04; and "Specifications" dated 9/1/04, revised 11/17/04. The project shall also be completed as shown on the following plan prepared by Button Professional Land Surveyors which has been stamped "approved" by the Wastewater Management Division: Project #SOUB0074: Subdivision Plat of the lands of Michael J. Anderson Plans: Sheet 1 of 1, dated 9/7/04, revised 10/18/04. 3. The project shall not deviate from the approved plans in a manner that would change or affect the exterior water supply or wastewater disposal systems, building location or the approved use of the building, without prior review and written approval from the Wastewater Management Division. Wastewater System and Potable Water Supply Permit W W-4-2277 Michael Anderson Page 2 4. 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 in the South Burlington Land Records within thirty, (30) days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 5. This project has been reviewed and approved for one single family residence on each lot. The permittee shall not construct any other type structures requiring plumbing, including public buildings, duplexes, condominium units, or commercial buildings, without prior review and approval by the Wastewater Management Division. Such approvals will not be granted unless the proposal conforms to the applicable laws and regulations. 6. The Wastewater Management Division now reviews the water and wastewater disposal systems under 10 V.S.A., Chapter 64 — Potable Water Supply and Wastewater System Permit. 7. By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with the Vermont environmental and health statutes and regulations. 8. 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. 9. The Division has relied solely upon the licensed designers certification that the design - related information submitted was true and correct, and complies with the Vermont Wastewater System and Potable Water Supply Rules and the Vermont Water Supply Rules. WATER SUPPLY & WASTEWATER DISPOSAL 10. No permit issued by the Secretary shall be valid for a substantially completed potable water supply and wastewater system until the Secretary receives a certification from a designer or the installer, signed and dated, that states: "I hereby certify that, in the exercise of my reasonable professional judgment, the installation -related information submitted is true and correct and the potable water supply and wastewater 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." This shall include the water service line and sanitary sewer line to each single family residence. 11. The project is approved for water supply by connection to the municipal water system as depicted on the approved plans. The Wastewater Management Division shall allow no other method, or location of obtaining potable water without prior review and approval. Wastewater System and Potable Water Supply Permit WW-4-2277 Michael Anderson Page 3 12. The water main extension is approved provided the water main extension is constructed in strict accordance with the Agency of Natural Resources, Water Supply Division's "Public Water System Permit to Construct " Project # E-1601 WSID # 5091 to Michael Anderson dated 11/24/04. 13. The project is approved for wastewater disposal by the construction of a connection to the municipal wastewater treatment facility as depicted on the approved plans. The Wastewater Management Division shall allow no other method, or location of wastewater disposal without prior review and approval. Dated at Essex Junction, Vermont on January 6, 2005. Jeffrey Wennberg, Commissioner Department of Environmental Conservation By q,7 � � � Dolores M. LaRiviere Assistant Regional Engineer C For the Record South Burlington Planning Commission & Select Board Lance Llewellyn Water Supply Division Department of Labor & Industry THIS IS A PRELIMINARY, NON -BINDING D 2MINATION REGARDING OTHER PERMIT i1CH YOU MAY NEED PRIOR TO COMMENCEMENT OF CONSTRUCTION. PLEASE CONTACT THE DEPARTME INDICATED BELOW. 3. WASTEWATER MANAGEMENT DIVISION, ANR (802-41-3822) Contact: ❑ Discharge Permits: pretreatment; industrial, municipal (#7_1, 7_2, & 8) ❑ Indirect Discharge Permits (#9 & 9_1) ❑ Residuals Management (#10) 4. AIR POLLUTION CONTROL DIVISION, ANR (888-520-4879) Contact: ❑ Construction/modification of source (#14) ❑ Open Burning (#18) ❑ Wood Chip Burners (>90 HP) (#14) ❑ Furnace Boiler Conversion/Installation (#14) ❑ Industrial Process Air Emissions (#14) ❑ Diesel Engines (>450 bHP) #14) WATER SUPPLY DIVISION, ANR (B02-241-3400) (800-823-8500 in VT) Contact: `New Hydrants (#22) ❑ >500' waterline construction (#22) ❑ Community Water System (CWS) ❑ Bottled Water (#20) ❑ Operating permit (#21) ❑ Transient Non -Community water system (TNC) (#21) ❑ Capacity Review for Non -transient non -community water systems (NTNC) #21) WATER QUALITY DIVISION, ANR STORMWATER PERMITS (Hotline 802-241-4320) (#6 — 6_5 ) Contact: Contact: Stephanie Lanphear 802-241-4320 ❑ River Management (241-3770) ❑ Ponds (#32.1)Construction General Permits >1AC of disturbance (#6.1) ❑ Shoreland Encroachment (241-3777) Steve Hanna #28) Stormwater from new development or redevelopment sites (#6.2 & 6_3) gWetiands (241-3770) (#29) r' �#_CA, -1yJ$- ❑ Multi -Sector General Permit(MSGP) industrial activities w/ SIC codes #6.4) LI Stream Alteration / Section 401 Water Quality Certification / Stream Crossing Structures (751-0129 / 879-5631 / 786-5906 (#27 & 32) 7. WASTE MANAGEMENT DIVISION, ANR Contact: ❑ Hazardous Waste Handier site ID (241-3888) (#36) ❑ Underground Storage Tanks (241-3888) (#33) ❑ Lined landfills; transfer stations, recycling facilities drop off (241-3444) (437,39,40) ❑ Asbestos Disposal (241-3444) ❑ Disposal of inert waste, untreated wood & stumps (241-3444) & 44) ❑ Composting Facilities (241-3444) (#43) ❑ Waste oil burning (241-3888) ❑ Waste transporter permit (#35) ❑ Used septic systz, n components/stone (#41) 8. FACILITIES ENGINEERING DIVISION, ANR Contact: ❑ Dam operations (greater than 500,000 cu. ft.) (241-3451) (#45) ❑ State -funded municipal water/sewer extensions/upgrades and Pollution Control Systems (241-3750) Si. POLLUTION PREVENTION & MERCURY DISPOSAL HOTLINE (1-800-974-9559) (#46) Contact: SMALL BUSINESS & MUNICIPAL COMPLIANCE ASSISTANCE (1-800-974-9559) Contact: RECYCLING HOTLINE (1-800-932-7100) Contact: 10. FISH & WILDLIFE DEPARTMENT (802-241-3700) ❑ Nongame & Natural Heritage Program (Threatened & Endangered Species) (#47.4) Judy MirrolJohn Daly Contact : ❑ Stream Obstruction Approval (#47.5) 11. DEPARTMENT OF LABOR AND INDUSTRY (802-828-2106) or District Office Contact: ❑ Construction Permit fire prevention, electrical, plumbing, accessibility (Americans with Disabilities Act) (#49, 50, 50.1. 50.2) ❑ Storage of flammable liquids, explosives ❑ LP Gas Storage ❑ Plumbing in residences served by public water/sewer with 10 or more customers (#50.2) ❑ Boilers and pressure vessels (#50.3) 12. DEPARTMENT OF HEALTH (800-439-8550 in VT) (802-863-7221) (Lab•800-660-9997) Contact: ❑ Food, lodging, bakeries, food processors R51, 51.1, 5_2 53, 53.1) ❑ Program for asbestos control & lead certification 454, 55, 55.1) ❑ Children's camps ❑Hot Tub Installation & Inspection — Commercial (#51.1) 13. AGENCY OF HUMAN SERVICES Contact: ❑ Child care facilities (1-800-649-2642 or 802-241-2159) (#57) ❑ Residential care homes (241-2345) (Dept. of Aging & Disabilities) (#59) ❑ Nursing Homes (241-2345) (#39) ❑ Assisted Living and Therapeutic Community Residences (241-2345) (#59) 4. AGENCY OF TRANSPORTATION. Access to state highways (residential, commercial) (828-2653) (#66) Signs (Travel Information Council) (828-2651) (#63) Development within 500' of a limited access highway (828-2653) (#61) ,onstruction within state highway right-of-way (Utilities, Grading, etc.) (828-2653) (#66) Contact: ❑ Junkyards(828-2053) #62) ❑ Railroad crossings (828-2710) (#64) ❑ Airports and landing strips (828-2833) #65) ❑ Motor vehicle dealer license (828-2067) (#68) IEPARTMENT OF AGRICULTURE (800-675-9873) Contact: /sale of Pesticides (828-3478) (#72, 73, 74, 75, 76, 77, 78) ❑ Slaughter houses, poultry processing (828-2426) (#81) Processing Facilities (628-3428) (#83, 83.1, 85. 87) ❑ Animal shelters/pet merchant/livestock dealers (828-2421) #89, 89:1). courses (828-3478) (#71) ❑ Weights and measures, Gas Pumps, Scales (828-2436) #88) 1 Houses/Nurseries (828-3481) (#79) ❑ Retail Sales/Milk/Meat/Poultry/Frozen Dessert/Class "C" Pesticides (828-2436) (#75.1, 80, MONT ENERGY CODE ASSSISTANCE CENTER TOLL FREE 888-373-2255 ,� VT Building Energy Standards (t47.2) 'ION FOR HISTORIC PRESERVATION (802-828-3211) ❑ Historic Buildings (#47.1 & 101) ❑ Archeological Sites (#47.1 & 101) RTMENT OF LIQUOR CONTROL (1-800-832-2339) ❑ Liquor Licenses (#90) ❑ General Info (1-800-642-3134) -TARY OF STATE (1-802-828-2386) ❑ Business Registration #( 90.1) 171 Professional Boards (1-800-439-8683) (#90.2) TMENT OF TAXES (802-828-2551 & 828-5787) El Income &business taxes (sales, meals/ rooms, etc) (#91, 92, 93, 94, 95, 96) 'MENT OF MOTOR VEHICLES (802-828-2070) ❑ Fuel Taxes; Commercial Vehicle (#69-70) ERMITS (SEE YOUR TOWN CLERK, ZONING ADMINISTRATOR, PLANNING COMMISSION, OR PUBLIC WORKS) r CORPS OF ENGINEERS, 8 Carmichael St., Ste. 205, Essex Jct., VT 05452 (802) 872-2893 (#97, 98, & 99) above have been completed by Permit Specialist Jeff McMahon Date: i. 30, may be reached at 802-879-5676 �OOK i mailed to: / Revised 3104 .�I- I'd �► Ur yy 1 UKAL R7-SOURCES (ANR) AND q RON MENTAL BOARD (ACT 250) http://www.t state.vt.us/dec/ead/pa/index.htm / h.,p://www. state. vt. us/e nvboard/ PROJECT REVIEW SHEET THIS IS NOT A PERMIT TOTAL # OF DEC PERMITS: PRE -APPLICATION REVIEW: RESPONSE DATE: +` PENDING APPLICATION #: wto- DISTRICT: TOWN: � � {o.� PIN e` J ''(- �, t ) OWNER OF PROJECT SITE: APPLICANT OR REPRESENTATIVE: (Name) F Ck.C-I (Name) (Address) 42d— (Town) (State) (Zip) u y5 i,')J.6`)c( (Telephone) FQ - 3 1$-- -?I 9 (Address) (Town) (State) (Zip) (Telephone) Project Name:ti Based on a written or oral request or information provided by. � I j e-J"elll r" received on 1 • I9 C2, a project was reviewed on a tract/tracts of land of acres, located on _ i t [bo The project is generally described as: iLI.I ►4' L �-( { S :v�C ,'.c�t3 1:�� � � �� �-��bJ�,-• s fie. k� t� i � r Prior permits from t is office:_�0� PERMITS NEEDED FROM THE DISTRICT ENVIRONMENTAL OFFICE PRIOR TO COMMENCEMENT OF CONSTRUCTION :1 © 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. _ ❑ Landowner/Agent ❑ Permit Specialist ❑ Other Person 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. §6007(C)). #47) "* Project: ❑ Commercial residential Municipal k-las the landowner subdivided before? ❑ Yes No When/where: # of lots: AN ACT 250 PERMIT IS REQUIRED: ❑Yes. �No- Copies sent to Statutory Parties: ❑ Yes..�No BASIS FOR DECISION: \ SIGNATURE: DATE: 1 "3 t3-iADDRESS: District# Ll Environmental Commission (,4acir#an#)- District Coordinator Telephone: 0 WASTEWATER MANAGEMENT DIVISION REGIONAL OFFICE: PERMIT/APPROVAL REQUIRED?�Z Yes ❑ No :..Wastewater System and Potable Water Supply Permit (#1 & #2)** ❑ Notice of Permit Requirements (deferral language ) (#2) ❑ Floor Drains (#1.2) ❑ Campgrounds (#3)7 [Extension of sewer lines (#5) REGIONAL ENGINEER ASSIGNED: `>10y-f-S F". e SIGNATURE: DATE: J/0 ADDRESS: Dept. of Environmental Conservation *!Environmental As is a Division, Permit Specialist Telephone: ❑ Wastewater Managem nt Division, Telephone: OVER >»»»»»» **NOTE: NUMBERS IN PARENTHESES (#) REFER TO PERMIT INFORMATION SHEETS IN THE VERM_ONT PERMIT HANDS http://www.anr.state.vt.us/dec/permit hblindex.htm LLEWELLYN , HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: January 4, 2005 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Anderson Property File: 2004013 Copies: Message: Please find attached • Three full sets, one recordable of the Site Plan, one recordable of the Subdivision Plat and one disk of the Site to satisfy the requirements of the Final Plat. We believe this satisfies the requirements of the D.R.B. Please call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED Skip McClellan 20 Kimball Ave. Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting t Wes. Whit sma 7" Von Skid. NgeW tA» untt.d Posh a .r � a " puSww Legend 11` �'`r i; rl ' ' A / Iq•ww.w'S AaoofeM.6 I.e. pmposed Od•Na/ f- / ..�'• •'� J •''s"�!y.J*�F� . r'�. • len n, ''r ( f ; sk" If..+Ms eprcpdy a.ss.nt a. 1' _ Samoot '/ �,!//, ��'• ! 8E7TA730F �d-4' \ `� Ibtw PR / • t i s i t Gft IF M N 9t� \ ; 1 j[j +� ',, ,N •btr StigrFo­ loot, a- yRi Quuf-d ..--�------- ---max= ap, ,..attn '' A • vary ral. 0 / i 1 1 1 f i �5 •'� ea +'� �'1 Jn.Po..d p .a. su r n<. MU, trey s.•Plrwr b Isl R.N 6•t P'\ `` ` ,\`, � 9 �1 � ' ' bw out v 4A00 �`�\� `;" p♦at kvp mob "vi\ 1 LOB i�i� yc•:n► `\ , , l \' W..et•Ibr I i� i 496,423-01 Nq�t I ti i t, 1= `, is•er arlkr (OW �itj j `: j ,\l `t 'i `` ' ��� i'',' `� : %1'i, 1 \ 1 £\ f j,` +fir b�maK� WE/• ' , ! /\,/,/ Lot gZ y ` +1 `t J� _�` �1 .u•,wxass oollis I /r `�♦193 Sq.R. _ gl .W sow t apt=M south ,. \ 1 r � 1.36 acres ,♦,{ ; �` ; `' ` +++',`1, i ,' '' "�''i +' ,1 ! / ./ 1y'I l \. 13D'tr•.b ...Wd blot �'`, '1 �: ' �'': �1, '� : t i i ' : i / gs• r � ^!i' j �\ �\ P-W- nr SUMP `'"� w .t'"'ar s.r� s 4sam I ' r !/ en/// ' e1 J. Anders of C—f pmpa d e d .•I- I! / ' � I I I ; { I ;� ,' I 1 , � ice, ✓ j % 1Acwf L+-- l!I 1. Owes of R.mrai len A Wd ns NIA— Md. Nbtar. rr 09495 2 Appspmt min AMosn 118 NNeeo..e CMdk, Nebtm, Vr 05M 3. Poor , 1.5 ao•♦ 4. Z-.o 51.M.asi O..*-t (SW) a poet /e•eo mew L & Pa.pot Ds.arlpfbrc 3 .hpl. tallmes y hom 3 bh .Ill mdAbg 000— Mare rbasba• Rood UdWm A bs eNardM bom ~Aug ioNlUs♦ h C d sfo+rraea 9.barrm 7. Lot r, may b. 4~ r bd i&d b th. btu- e. Pabnbt pop.rty Dn bhb oIjb. totm ban pm . Uftd Sut M Pbt of L a i•nnoet 1 Ando♦m' by &dtm Aotta•brr Gard 8rs+•pw• dell OP/b7^ 3 A 700q y and •rrhp f turn by Bvltm ftofft r (.and .11 20 KiMdl 4- St. 2011 So. 9vMptar. Ve, to" 2(X)o $ Id NbtloN dol—th n m Ando.or pawl by Cathy OU:. A• Wes wtlbnb tolnn bob pan pv.Ndrd by owes. hbband and ws•rd Wu k pmb R raw-- r.O.W d by owes. do wdbrd a mvbavnsntd pomktbe p� by Ott 001- $ ti. Layout m dbwbd by owes or ap►p•aaort Rood. (ah•) d♦Wp by otbrc . 12 Plat- .w+Ax. rm♦ bawd on domwtb n.. ooly Slat/ os l sharpft by ofAu— r .prhA1•'. - •r. a I oI dodoes " rogWM • AN ra.rWM us..•t s-..in.Y su•h S Adt rwbMl./w l�d•il. S�• r,+••rwy,•i NbM.r l..•rwslY pbM. � AY MMIawdw .ate all .- . any.r..a•. i, Stops 1/4 (tP) j �•' ' , I f ` �� 1 I I � �—r,♦„ d r, bsed MD-ra pwwc' ss, sq.fl.i 1. acres /1 •d..U- a/o % /'/` 1 I 1 sou s RolA Af to / Jff ( f PM CRY of South j 1 GRAPHIC SCALE 4• • b 40 •0 1N e 839 ODk HN Roetl • WAlieton, Vermont 05485 (802) B78-MM 1 Inch = 49 tL by Z tip Rhr Na• by outt 4e1p 0i5 osa, br h 40Q15 bough grW taDl♦ •tYNq t s bares► I I, WRow 1 J I to Nd. sirl_— r by / Twmbota aw'6ut mob WG, ' r' f •'CV, Dap oM !taut moor 4" LLEWELLYN • HOWLEY — ANDERSON PROPERTY INCORPORATEDD rrb ealla•h. — tl.,weK Era_." - pwontiad - eanuulllip 9ervlras `gyp ' GwebX •W II(I Klmbrl Are.. Ste. 302R F (W2)65 VW Site Pian b..bs 100i•t!,•e saom 6udNptoa T (eau! •saztaa v..maa own lbweilir:ab,•oi.aom pnb State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VOiCE 1-800-253-0195 VOICE>TDD December 23, 2004 Michael Anderson 118 Wildflower Circle Williston VT 05495 Wastewater Management Division Essex Regional Office I11 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 Subject WW-4-2277 Anderson property 3 lot subdivision; Lot # 1 with an existing 4 bedroom single family residence, Lots 2 and 3 for a proposed 4 bedroom single family residence located on Hinesburg Road in South Burlington, Vermont. Ladies & Gentlemen: I have reviewed the application and technical information submitted for the above referenced project. Unfortunately, there were items that were not included or were insufficient and I was unable to determine if this project meets the minimum standards of the Environmental Protection Rules. Please provide the following information: 1. Still awaiting water allocation letter from municipality. 2. Show building footprints on plans to show extent of water and sewer service lines. 1 Clarify when the single family residence on Lot 1 was substantially completed (including water and sewer connections). Please respond within thirty, (30) days from the date of this letter. Re -submittals that are incomplete, or made after thirty days may result in the denial of the project. Once I receive the information requested, I will continue my review of the project. If you have any questions as to what is needed, please contact me. Sincerely, A4qU)" JZq"�� Dolores M. LaRiviere Assistant Regional Engineer cc: South Burlington Planning Commission Lance Llewellyn Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury x State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation `State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VoicE 1-800-253-0195 VoicE>TDD November 22, 2004 Michael Anderson 118 Wildflower Road Williston VT 05495 Wastewater Management Division Essex Regional Office 111 West Street Essex Junction, VT 05452-4695 Telephone: (802) 879-5656 RE: WW-4-2277, Anderson property 3 lot subdivision; Lot #1 with an existing 4 bedroom single family residence, Lots 2 and 3 for a proposed 4 bedroom single family residence located on the Hinesburg Road in the City of South Burlington, Vermont. Dear Applicant: We received your completed application for the above referenced project on November 19, 2004, including a fee of $900.00 paid by check #549 & 115. 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 the water and sewer allocation letters from the municipalities. 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 Ernestine Chevrier Regional Office Coordinator cc: South Burlington Planning Commission Lance Llewellyn Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: South Burlington Planning Commission FROM: Betsy McDonough, E 9-1-1 Coordinator DATE: October 27, 2004 RE: New Street Names Mike Anderson will be developing 3 lots with homes off Hinesburg Road and thus needs to name the private street which will serve these homes. He has two (2) suggestions for this road name: 1. Maple Ledge Drive 2. Hidden Meadow Drive Please note that the City already has two (2) streets that begin with 'Maple". They are as follows: �� \ Maple Street Maplewood Drive�- pme- There are no conflicts with,rHidden Meadow Rom. Maple Ledge would probably work since it does not sound like Maplewood, but I would suggest that you choose Hidden Meadow as it's unique to the city. CHAMPLAIN WATER DISTRICT is J 4 f E W 4 D e d i c a t e d t o Q u a I i t y W a t e r & S e r v i c e First In The Nation — Excellence In Water Treatment, Partnership For Safe Water December 10, 2004 Llewellyn -Howley, Inc. Mr. Skip McClellan 20 Kimball Ave. Suite 202N South Burlington, VT 05403 Re: Anderson Property Dear Skip: The South Burlington Water Department has reviewed the final plans for the above referenced project. Please find my comments below. 1. The current set of final plans for the above referenced project is acceptable to this department relative to all water related activity, with one exception: a. The Typical Hydrant Installation Detail does not reflect that as required in our Specifications. However, the field installation was performed according to our requirements. Future plans must show the correct detail to avoid confusion in the field. 2. This department shall be notified of any changes to this project with revised, updated hard copy plans for further review. 3. A hard copy set of As-Builts as well as one electronic copy in Auto-CAD.DWG Version 14 Format or newer shall be supplied to this department upon completion of the water system improvements. If you have any questions or I can be of further assistance, please call me. Sincerely, Jay Nadeau Superintendent CC. Ray Belair Plan Reviews: Anderson Property- final review 4 0 3 Q u e e n C i t y P a r k R o a d — S o u t h B u r I i n g t o n, V T 0 5 4 0 3 T e l e p h o n e: ( 8 0 2) 8 6 4- 7 4 5 4 — F a x: ( 8 0 2) 8 6 4- 0 4 3 5 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 10, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: Minutes Dear Mr. Anderson: Enclosed, please find a copy of the minutes from the October 19, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, _�4 Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 19 OCTOBER 2004 Mr. Kupferman asked about the relationship between the Comprehensive Plan and the Zoning Regs and which would take precedence. The response was that they should be consistent, but the by-law applies (although Act 250 will look at the Comprehensive Plan). 2. Other Business: No issues were raised. 3. Minutes of 28 September and 5 October 2004: Mr. Boucher moved to approve the Minutes of 28 September as written. Ms. Quimby seconded. Motion passed unanimously. Mr. Boucher moved to approve the Minutes of 4 October 2004 as written. Ms. Quimby seconded. Motion passed 5-0 with Mr. Dinklage abstaining. 4. Continued Public hearing: 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 St. The amendment consists of eliminating condition #11 which requires a mutual access easement to the property to the north (University Inn): Mr. Belair reported that the applicant has asked to continue to 9 November. The city's consultant has come up with a design which they feel will work, and they want to meet with the applicant and with University Inn to see their reaction. Mr. Boucher moved to continue Final Plat Application #SD-04-50 to 9 November. Ms. Quimby seconded. Motion passed unanimously. (5 Continued Public hearing: Preliminary Plat Application #SD-04-67 and Final Plat Application 4SD-04-68 of Mike Anderson to subdivide a 14.12 acre parcel into three lots of 11.4 acres (lot 91), 1.36 acres (lot #2), and 1.36 acres (lot #3), 1600 Hinesburg Road: Mr. McClellan said they have shown the rec path easement and have provided a letter from Cathy O'Brien regarding the wetlands. Mr. Belair distributed a letter from the Fire Chief to the applicant reiterating his request for residential sprinklers in all houses in this development. Mr. Anderson said he understood the Chiefs concern but would still like not to sprinkler the homes but would leave that decision up to homeowners. Mr. Belair said the Chief is concerned that this is the furthest point in South Burlington and it would take 5-7 minutes to get fire trucks there, and response time is critical in a -2- ,;�, �.�: •;1 01 # . • ;1, �^ 11 fire. He is also concerned with maintenance of the private drive in winter. The applicant said the homeowners association would be responsible for plowing. The neighbor to the north noted that water and sewer lines will cross the wetland. The state application says there will be no culvert. He wanted to be sure the applicant complies with that. Mr. Belair said they have to comply with conditions of the state permit. Mr. Veve said the sewer lines are for a force fed system not a gravity system. The pipe is not anchored at a particular place. They could cross the stream without there having to be a culvert. Mr. Veve noted there are no plans for a gravity system. He wanted to be sure the city's approval is based on the state approval. Mr. Veve also noted he had been approached regarding a gravity system. Mr. Dinklage said any change from what is proposed in this plan would have to come back to the DRB. Mr. Veve said he was also concerned with pressure on the hydrants to be adequate to get to all the houses. Mr. McClellan said they did an analysis of the whole system. Ms. Quimby then moved to approve Preliminary Plat #SD-04-67 and Final Plat #SD-04- 68 of Mike Anderson subject to the stipulations in the draft motion. Mr. Bolton seconded. Motion passed unanimously. 6. Continued Public Hearing: Preliminary plat application #SD-04-61 and Final Plat application #SD-04-64 of Spencer Terminal Holdings for a planned unit development consisting of: 1) construction of a 26,000 sq. ft. distribution and related storage building with more than 15% of the GFA in office use for the same tenant at 596 Meadowland :give, and 2) relocating a 200 foot wide "no - construction" buffer from 596 Meadowland Drive to the property to the south located at the end of Dubois Drive: Mr. Boucher stepped down during this discussion due to a conflict of interest. Mr. Belair noted that part of a driveway accessing a unit will cross a wetland buffer. Input is needed from the Natural Resources Committee, so a decision cannot be made at this meeting. Mr. Dinklage noted receipt of a letter signed by a number of residents of Oak Creek. Mr. Plummeau asked that Oak Creek and Ledge Knoll residents be notified of future meetings on this application. He also asked that the Board take their concerns seriously. Ms. O'Grady asked if there will be diesel trucks at this facility. Mr. Dinklage said he thought so. Ms. O'Grady cited reports on how diesel trucks contribute to haze. She felt this was important for more than just abutters. -3- DEPARTMENT OF PLANNING & ZONV�iO 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 21, 2004 Skip McClellan Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Minutes —Anderson Project, 1600 Hinesburg Road Dear Skip: Enclosed, please find a copy of the minutes from the October 5, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. cerely, —6c IN Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 5 OCTOBER 2004 11. Public Hearing: Preliminary flat Application #SD-04-67 and Final Plat Application #SD-04-68 of Mike Anderson to subdivide a 14.12 acre parcel into three lots of 11.4 acres (lot #1), 1.36 acres (Lot 42) and 1.36 acres (Lot #3), 1600 Hinesburg Road: Mr. McClellan said this is the same plan as seen at sketch. It was noted that Fire Chief wants the buildings sprinklered. The applicant said they are resisting this. The Chief feels they can't depend on the road being plowed because it is private. Mr. Belair added the Chief also feels they won't have as big a fire and risk factor with sprinklers. With regard to the wetland buffer, Mr. McClellan said the wetland will be gone with the road so there is no buffer to consider. Mr. Belair said they need to know what will be left of the wetland/buffer after the road is built. The Board will need a statement from Cathy O'Brien about that. Ms. Quimby moved to continue Preliminary Plat Application #SD-04-67 and Final Plat Application #SD-04-68 of Mike Anderson to 19 October. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 8:45 p.m. e Date -5- DEPARTMENT OF PLANNING & ZONEgG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 20, 2004 Skip McClellan Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Anderson Property Dear Skip: 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 October 19, 2004 (effective 10/19/04). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within go days (must be recorded by 1/17/05) of this approval or this approval is null and void. If you have any questions, please contact me. Sincerely, k , Betsy WDonough Administrative Assistant Encl. October 18, 2004 Mr. Mike Anderson Re: 3 Lot Subdivision, Hinesburg Road Dear Mike: I wanted to notify you of my decision regarding your request for reconsideration of my initial review of your project. As of this time I feel that my original findings will stand as adopted by the Development Review Board. When you and I spoke you indicated that you thought that the DRB members were wavering as to whether they should institute my requests. I double checked with Ray Belair and Brian Robertson and they said that the DRB stood by my requests. When you and I first met you were only concerned with making your road suitable for fire apparatus. Usually my first contact with project developers is after I have reviewed the project and they ha-vo•received and reviewed may findings. I'Knew that you were trying to fast track your project so I met with you about the road issues prior to doing a full project review. I am sorry that you feel as though you have been singled out and that many of these issues would be better addressed through rule or ordinance. In some respects I agree with you, however there will always be some issues that will need a professional opinion based on education and past experience. Unfortunately, as in this case these opinions often come with added costs. Good luck with your project and if I can be of any further assistance please feel free to contact me. Sincerely, Douglas S. Brent Fire Chief Cc: Ray Belair DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 1, 2004 Skip McClellan Llewellyn -Howley 20 Kimball Ave, Suite 202 N South Burlington, VT 05403 Re: Anderson Property Dear Skip: 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, October 5, 2004 at 7:00 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy cD nough Admini ive Assistant Encl. Lidssicai oacKground offers Les- sons in guitar, theory and ear training. Individualized, step-by- step approach. I enjoy teaching at[ 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. PRIVATE GUITAR INSTRUC- TION in Essex Jct. Beginner to advanced. Many styles; seven - string, electric, acoustic, bass. 872-8861. franky.andreas@ verizon.net. TABLA DRUMMING: Study the hand drumming of North India. Pvt. lessons and classes. All ages. Tabla rental and repair. Burlington and Montpelier. Gabe Halberg, 802-229-9926, www.tabLa-vermont.com. VIOLIN LESSONS with Tom Charpentier. For all ages and abilities. Experience the joy of the four strings of the violin vibrating in harmony under your chin, right from the first lesson. Impossible you say, call today. Let me know that you saw this ad and receive your first lesson free. For more information, call Tom 434-4449. ► legals CITY OF BURLINGTON ORDINANCE 8.0 Sponsor: (Councilors Carleton, Ellis: Ordinance Com.) First reading: 05/10/04 Referred to: Ordinance Committee Second reading: 09/07/04 Action: adopted Date: 09/07/04 Published: 09/15/04 Effective: 10/06/04 In the Year Two Thousand Four An Ordinance in Relation to Animals and Fowl Use of Non -domesticated Animals for Public Display Prohibited tt is hereby Ordained by the :ity Council of the City of 3urtington, as follows: That :hapter 5, Animals and Fowl, of he Code of Ordinances of the :ity of Burlington be and hereby s amended by adding a new Sec. -6 thereto to read as follows: ec. 5-6 Use of Non-d m stica Fri mmats for Public Display rohibited (a) P urnnce This ordi ante is intended to dst in the mention of the mistreatment of 30- omestirat d animats used in iy public display to reduce risk harm to the Dublic from acci- mts and incidents involving ich animals and to reduce the iblic health risk associated with senses and pathogens carried by ch animals. Uefinitions. )-"Non-domestiated animals" siefined as F lid a fall wild tL and hybrids thereofl, iidae a0 hear) Emboscideae l elephants). and -Non -human mates and Prosimians play of live non -domesticated animals within+' r orate limits of t_ he Cit ohibited. *Material underlined added. 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, October 5, 2004, at 7:30 P.M. to consider the following: 1. Application #CU-04-08 of Harry Bliss & Kelly Miller for conditional use approval under Section 14.10, Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to allow a 6'x8' room and a 4'x6' porch with stairs to encroach V feet beyond the limitation allowed under Section 3.06(J)2) of the Land Development Regulations, 5 Mayfair Street. 2. Final plat application #SD-04- 65 of Daniel & Etspeth Tolan and Veronique Dobson for a boundary Line adjustment (minor subdivi- sion) between 9 Tabor Place & 165 Holbrook Road. 3. Application #CU-04-09 of Merchants Bank for conditional use approval under Section 14.10 Conditional Use Review of the South Burlington Land Development Regulations. Request is for permission to exceed the 35 foot height timita- tion by 9.5 feet by installing two (2) energy recovery ventilators on the roof, 275 Kennedy Drive. 4. Preliminary plat application #SD-04-67 and final plat applica- tion #SD-04-68 of Mike Anderson to subdivide a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), 1600 Hinesburg Road. Copies of the applications are available for public inspection the South Burlington City Hatt. John Dinklage, Chairman South Burlington Development Review Board September 15, 2004 PUBLIC NOTICE Vermont Agency of Natural Resources Department of Environmental Conservation Solid Waste Management Program (SWMP) All Cycle Waste, Inc. Transfer Station The public is hereby notified that the SWMP has reviewed the appli- cation for minor amendment of landowner or resident, is received by the Secretary no later than September 28, MD4 2004. 1 ti n and the Draft Certification are avail- able for public inspection at the offices of the Town of Williston and at the SWMP by calling (802) 241-3484 during normal business hours. To request a Public informational meeting and extension of the public comment period or to submit comments for this project, please contact Jeff Bourdeau, Solid Waste Management Program, 103 South Main Street, Waterbury, Vermont 05671-0407, Telephone 241- 3484. STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. 5747-04 CnC Argent Mortgage Company, LLC, Plaintiff V. John E. Gregory and Christine A Gregory, Rice Memorial High School and Occupants residing at 31 Rivendell Drive, Essex Junction, Vermont, Defendants SUMMONS & ORDER FOR PUBLICATION TO THE ABOVE NAMED DEFEW DANT: John E. Gregory You are hereby summoned and required to serve upon Joshua B. Lobe, Esq., plaintiffs attorney, whose address is P.O. Box 4493, 35 King Street, Burlington, Vermont 05406, an Answer to plaintiffs Complaint in the above entitled action within forty-one (41) days after the date of the first publica- tion of this Summons, which is November 1, 2004. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Your Answer must also be filed with the Court. Unless otherwise provided in Rule 13(a). Your Answer must state as a Counterclaim any related claim which you may have against the plaintiff, or you will thereafter be barred from making such claim in any other action. YOUR ANSWER MUST STATE SUCH A COUNTERCLAIM WHETHER NOR NOT THE RELIEF DEMANDED IN THE COMPLAINT IS FOR DAM- AGE COVERED BY A LIABILITY INSURANCE POLICY UNDER WHICH THE INSURER HAS THE RIGHT OR OBLIGATION TO CON- DUCT THE DEFENSE. If you believe that the plaintiff is not entitled to all or part of the claim set forth in the Complaint, or if you believe that you have a Counterclaim against the plaintiff, you may wish to consult an attor- ney. If you feet that you cannot afford to pay an attorney's fee, you may ask the clerk of the Court for information about places where you may seek legal assistance. Plaintiffs action is a Complaint in Foreclosure which alleges that vnu haves 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 V.R.C.P. 4(d) through (f) inclusive, it is hereby ORDERED that service of the above process shall be made upon defendant, John E. Gregory, by publication pursuant to V.R.C.P. 4(g). This Order shall be published once a week for three consecutive weeks on September 20, 2004; September 27, 2004; and October 4, 2004 in the Seven Days. A copy of this Order shalt be mailed to defendant at his address if his address is known. DATED at Burlington, Vermont this 9th day of September, 2004. /s/ Richard W. Norton Hon. Richard W. Norton, Presiding Judge Chittenden Superior Court JB1155-90 ► support groups DON'T SEE A SUPPORT group here that meets your needs? Call United Way GET -INFO (a confi- dential help line) 652-4636, Monday -Friday, 8:30 a.m. - 4:30 p.m. SURVIVORS OF SUICIDE: Support group for those who have lost a loved one to suicide. Meets the 2nd Wednesday of every month at the Holiday Inn in South Burlington (1068 Williston Rd.), from 6-7:30 p.m. For more information, please contact Cory Gould, 223-4111 or cgouLdll36@earthlink.net. Sponsored by the American Foundation for Suicide Prevention -VT. FREE WORKSHOP FOR SUR- VIVORS OF SEXUAL VIOLENCE: The Women's Rape Crisis Center is offering a free workshop series called "Considering the Uses of Adversity: Self -Healing for Survivors of Sexual Violence." This series, designed and faciti- tated by Gwen Evans, will run Tuesday evenings, October 5 through November 16. Info, 865-0555. SEX AND LOVE ADDICTS ANONYMOUS: 12-step recovery group. Do you have a problem with sex or relationships? We can help. Sunday meetings, 7- WEDNESDAYS CIRCLE: A Transpersonal support group, every Wed., 6 p.m., Innerharmoi Community Wellness Center, Rt. 100N, Rochester, VT. 767-6092. sharing circle focusing on persoi at growth, transformation, spiri- tuality and heating, Led by Jim Dodds. DISORDERED EATING SUPPOR' GROUP: Do you struggle with anorexia, bulimia, or binge eat- ing? I am looking to start a sup- port group to help others and myself in moving forward on the road to recovery. If you are inter ested in joining a new discus- sion/support group and are over 20 yrs, please emait Jessica at jesslyn6@yahoo.com. Together we can make small steps forward to a more fulfilling lifestyle. DECLUTTERS SUPPORT GROUP: Are you ready to make improve- ments but find it overwhelming? Maybe 2 or 3 of us can get together to help each simplify. 453-3612. PARENTS TOGETHER: Support group will be meeting in Rutland on Monday evenings. Snacks and childcare provided. ALL groups are free and confidential. Please call Amy at 247-5460 for more information. WOMEN CHANGING: A continu- ous educational support group for women who are interested in changing patterns in their Lives. Wednesdays -ongoing. 12:30-2 p.m. Call Angie at AWARE in Hardwick, 472-6463. SUPPORT GROUP FOR WOMEN who have experienced intimate partner abuse, facilitated by Battered Women's Services and Shelter of Washington County. Please call 1-877-543-9498 for more info. REIKI SUPPORT GROUP: July 18, 1-3 p.m. Fletcher Free Library, Burlington. All Levels of students and practitioners are welcome. For more info., contact Joan at 860-4673 or Lynn at 893-3064. WANTED: Fellow painters to get together bi-weekly for coffee and to discuss our work. Support each other's creativity! Show your work. Meet at local down- town coffee shops. Call 658- 2976, if interested. AHOY BREAST CANCER SUR- VIVORS: Join our support group where the focus is on living not on the disease. We are a team of DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 15, 2004 Skip McClellan Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Anderson Property & Mansfield View Properties, LLC Dear Skip: 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, October 19, 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 Mc nough Administra iv Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 To: South Burlington Development Review Board, From: Brian Robertson, Associate Planner 7 RE: SD-04-67 and SD-04-68 Date: October 15, 2004 Agenda #5 Mike Anderson appeared before the Development Review Board on October 5, 2004 for preliminary and final plat approval of a 3-lot subdivision (minutes enclosed). At that time the plans being considered did not depict the 20' wide recreation path easement, the metes and bounds for the proposed roadway, or the typical cross-section of the roadway. In addition, the Development Review Board wanted the applicant to submit a letter from Cathy O'Brien certifying that the proposed building envelopes wouldn't impact the existing wetlands. The applicant has submitted the revised plans and the letter from Cathy O'Brien (attached). Staff recommends that the Development Review Board approve preliminary plat #SD-04- 67 and final plat #SD-04-68. Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878-6022 October 15, 2004 City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Anderson, Hinesburg Road, South Burlington, Buffer Zone Impacts To Whom It May Concern: I am writing to restate the testimony I offered on June 3, 2004 to the Natural Resources Committee. At that meeting, I explained my findings in my Wetland and Buffer Zone Analysis dated April 29, 2004. The proposed road will cross the upper portion of one Class Three wetland and the buffer zones on the upper side of two Class Two wetlands. We discussed at the June 3rd meeting that there was no longer any need for the upper portion of the buffer zones on the upslope side of the road for the Class Three wetland since the wetlands themselves would be cut off from the buffer zones by the road. The Natural Resources Committee agreed that these areas could be mowed as grass lawn. The use of the buffer zone of the Class Two wetland would require state approval as well, so I am not addressing that issue in this letter. Both of these Class 3 wetlands have very limited functions and values due to their small size and isolation from any water bodies. They are small depressions at the toe of a slope in clay soils, so wetland conditions have developed. As stated in my April 291h analysis, they do not provide wetland functions, except for a minor amount of water quality treatment. This function will not be impacted by this project, if the wetlands are protected from heavy equipment during the construction phase of the project. The upper portions of the buffer zones of the two Class Three wetlands that will be cut off from the wetlands by the road do not serve any functions and values. The creation of lawns in these areas will have no impacts on the wetlands or any functions and values they may provide. In conclusion, I believe this use will not violate the standards for wetland protection specified in Section 12.02 E (3) (a — c). Please call me if you have questions or comments on any of the information in this letter. Sincerely, Cathy O'Brien DEVELOPMENT REVIEW BOARD 5 OCTOBER 2004 11. Public Hearing: Preliminary Plat Application #SD-04-67 and Final Plat Application #SD-04-68 of Mike Anderson to subdivide a 14.12 acre parcel into three lots of 11.4 acres (lot #1), 1.36 acres (Lot #2) and 1.36 acres (Lot #3),1600 Hinesburg Road: Mr. McClellan said this is the same plan as seen at sketch. It was noted that Fire Chief wants the buildings sprinklered. The applicant said they are resisting this. The Chief feels they can't depend on the road being plowed because it is private. Mr. Belair added the Chief also feels they won't have as big a fire and risk factor with sprinklers. With regard to the wetland buffer, Mr. McClellan said the wetland will be gone with the road so there is no buffer to consider. Mr. Belair said they need to know what will be left of the wetland/buffer after the road is built. The Board will need a statement from Cathy O'Brien about that. Ms. Quimby moved to continue Preliminary Plat Application #SD-04-67 and Final Plat Application #SD-04-68 of Mike Anderson to 19 October. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 8:45 p.m. Clerk Date -5- October 18, 2004 Mr. Mike Anderson Re: 3 Lot Subdivision, Hinesburg Road Dear Mike: I wanted to notify you of my decision regarding your request for reconsideration of my initial review of your project. As of this time I feel that my original findings will stand as adopted by the Development Review Board. When you and I spoke you indicated that you thought that the DRB members were wavering as to whether they should institute my requests. I double checked with. Ray Belair and Brian Robertson and they said that the DRB stood by my requests. When you and I first met you were only concerned with making your road suitable for fire apparatus. Usually my first contact with project developers is after I have reviewed the project and they 1- va►rcceved and reviewed rdngSiiewthayo1nI itu were trying to fast track your project so I met with you about the road issues prior to doing a full project review. I am sorry that you feel as though you have been singled out and that many of these issues would be better addressed through Wile or ordinance. In some respects I agree with you, however there will always be some issues that will need a professional opinion based on education and past experience. Unfortunately, as in this case these opinions often come with added costs. Good luck with your project and if I can be of any further assistance please feel free to contact me. Sincerely, Douglas S. Brent Fire Chief Cc: Ray Belair October 18, 2004 Mr. Mike Anderson Re: 3 Lot Subdivision, Hinesburg Road Dear Mike: I wanted to notify you of my decision regarding your request for reconsideration of my initial review of your project. As of this time I feel that my original findings will stand as adopted by the Development Review Board. When you and I spoke you indicated that you thought that the DRB members were wavering as to whether they should institute my requests. I double checked with Ray Belair and Brian Robertson and they said that the DRB stood by my requests. When you and I first met you were only concerned with making your road suitable for fire apparatus. Usually my first contact with project developers is after I have rCVie4Jcd the project and they ha`v'a►r2icived gild reviewed lily lino igs. i iulew that you were trying to fast track your project so I met with you about the road issues prior to doing a full project review. I am sorry that you feel as though you have been singled out and that many of these issues would be better addressed through rule or ordinance. In some respects I agree with you, however there will always be some issues that will need a professional opinion based on education and past experience. Unfortunately, as in this case these opinions often come with added costs. Good luck with your project and if I can be of any further assistance please feel free to contact me. Sincerely, Douglas S. Brent Fire Chief Cc: Ray Belair CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: September 27, 2004 \drb\sub\anderson\preliminary_fina1.doc Plans received: September 8 2004 MIKE ANDERSON — 3- LOT SUBDIVISION PRELIMINARY PLAT APPLICATION #SD-04-67 FINAL PLAT APPLICATION #SD-04-68 Agenda #11 Meeting Date: October 5, 2004 Owner/Applicant Mike Anderson 118 Wildflower Circle Williston, VT 05495 Engineer Property Information Llewellyn -Howley, Inc. Tax Parcel 0860-01600-L 20 Kimball Avenue 14.2 acres S. Burlington, VT 05403 SEQ Zoning District; Zone C of Dorset Park Scenic View Protection Overlav District Location Map 6d CITY OF SOUTH BURLINUTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary final.doc Mike Anderson, hereafter referred to as the applicant, is seeking preliminary plat and final plat approval for a planned unit development consisting of: 1) subdividing a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The Development Review Board reviewed the sketch plan for the proposed project on July 6, 2004 (minutes attached). The applicant is proposing to construct one (1) single-family dwelling on each of the proposed lots. All three (3) of the proposed buildings are located in a "restricted area", as identified on the Official SEQ Zoning Map. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 8, 2004 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District I Required Proposed IV —win. Lot Size 12,000 SF 1.36 acres Max Density 17 units 3 units ♦ Max. Building Coverage 15% n/a ♦ Max. Overall Coverage 30% n/a �l Min. Front Setback 20 ft. >20 ft. Min. Side Setback 10 ft. > loft. Min. Rear Setback 30 ft. > 30 ft. zoning compliance ♦ n/a because no buildings are proposed at this time SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drMsub\andersoftreliminarV final.doc The Superintendent of the City of South Burlington Water Department, Jay Nadeau, reviewed the plans and provided comments in a letter dated September 20, 2004 (attached). 1. The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau dated September 20, 2004. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The plans depict the location of proposed sewer lines and have been approved by the City Engineer. 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the proposed lots is proposed via a private roadway off of Hinesburg Road. Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may be served via a private roadway. However, pursuant to Section 15.12(E) of the Land Development Regulations, this roadway should be constructed to a minimum width of 20'. The proposed roadway will be predominantly located within a designated "restricted" area. Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of access driveways, roads, and appurtenant improvements to serve approved development or uses shall be allowed in the "restricted" areas. In order the facilitate a potential future connection to Kendrick Drive, the applicant has proposed to relocate the existing 60' wide right-of-way to the west, so that it aligns with the existing right-of-way on the property to the north. This will create a continuous 60' wide right-of-way extending from Kendrick Drive to the southerly property boundary of the subject property. Circulation and traffic management are not issues with the proposed project. 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 plans that the applicant submitted depict the wetlands and the wetland buffers on the subject property. These were delineated by Cathy O'Brien. The building envelope on lot #1 is located outside of any wetlands or their associated 50' wide buffer, the building envelope on lot #2 encroaches into a Class III wetland and its associated 50' buffer, and the building envelope on lot #3 encroaches very slightly into a Class III wetland buffer. In addition, the proposed private roadway will encroach into the buffers of one (1) Class II wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions: CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary final.doc a. prohibit application of pesticides/herbicides in wetlands and their buffers; b. prohibit removal of wetland vegetation; c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging once per year; d. preserve the three (3) Maple trees in the northwesterly portion of the property. In addition, the applicant is proposing to extend the utility lines serving the proposed lots through the Class II wetland and its buffer along the northerly property line. This will require a CUD from the State Vermont's Water Quality division. 3. The building envelope on Lot #3 shall be revised to completely avoid the Class 111 wetland buffer, prior to recording the final plat plans. 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. The proposed project seems to be visually compatible with the planned development patterns in the SEQ. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. In addition, wetland impacts on the subject property have been minimized. 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. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. This is an important corridor, as it has been identified as containing wetlands and woodland/wildlife habitat. 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. The South Burlington Fire Chief reviewed the proposed plans and provided comments in a memorandum dated September 29, 2004 (attached). 4. The applicant shall comply with the requests of the South Burlington Fire Chief, as outline din his comments dated September 29, 2004. 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 reviewed the sketch plans for the proposed project at its meeting on June 7, 2004. Their comments are provided in a letter dated June 8, 2004 (attached). 5. The plans shall be revised to comply with the requests of the Recreation Path Committee, as outlined in their letter dated June 8, 2004, prior to final plat approval. CITY OF SOUTH BURLINV TON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary final.doc Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004, 2004. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The City Engineer reviewed the proposed plans and provided comments in a memorandum dated September 30, 2004 (attached). 7. The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated September 30, 2004, prior to issuance of a zoning permit. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the SEQ, as outlined in the Comprehensive Plan. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. Staff feels the three (3) proposed lots meet the goals of this requirement. According to Section 9.06(A) of the Land Development Regulations, land located within a designated "restricted" area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted" area, the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. SEQ Restricted Areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section 9.08(B) of the Land Development Regulations, the DRB may approve development activities to occur within the "restricted" areas or allow lots or portions of lots to be located within the "restricted" areas, provided that they find such development activities are consistent with the purpose of the SEQ. The applicant is proposing three (3) single-family lots and building envelopes in the "restricted" area. One (1) of these is located in a "restricted" area that was designated to protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates that the location of the proposed dwelling units do not encroach into any wetlands or their buffers (see attached wetland delineation map). Thus, staff and the NRC are comfortable with the location of this lot and building envelope. Two (2) of the lots and building envelopes are proposed in a "restricted" area that was CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary final.doc designated as a view protection zone. The location of the proposed building envelopes are at the bottom of a steep slope grading down from Hinesburg Road. Thus, buildings in the proposed building envelopes should not obstruct any scenic views from Hinesburg Road. 8. Staff recommends that the DRB approve the location of the three (3) proposed single-family lots and building envelopes. Other All of the additional standards outlined in Section 15.18(B) of the Land Development Regulations are being met through the proposed project. 9. The plans shall be revised to include the name of the proposed private roadway, approved by the South Burlington Planning Commission, prior to recording of the final plat plans. Staff recommends that the Development Review Board approve preliminary plat application #SD- 04-67 and final plat application #SD-04-68, conditional upon the applicant addressing the numbered items in the "comments" section of this document. Respectfully submitted, rian Robertson, Associate Planner Copy to: Mike Anderson, applicant SOUTH BURLINGTON WATER DEPARTMENT 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 September 20, 2004 Llewellyn -Howley, Inc. Mr. Skip McClellan 20 Kimball Ave. Suite 202N South Burlington, VT 05403 Re: Anderson Property Dear Skip: The South Burlington Water Department has reviewed the plans for the above referenced project. Please find my comments below. 1. At this time the City of South Burlington does not have sufficient water storage for any new project requiring more than 1,000 gallons per day (gpd) in this water service area. No construction shall be permitted that may restrict or encumber water supply and storage for the City's current customers until additional storage has been made available. 2. Please complete the attached Application for Water Allocation and return it to the South Burlington Water Department as soon as possible. As your project continues, the Application for Water Allocation will need final approval, which will be contingent upon construction of additional water storage volume serving this section of the City. Final engineering and construction is underway and the estimated on line date for the new tank is October 2004. 3. Details of water infrastructure should be corrected to reflect those found in the Specifications and Details for the Installation of Water lines and Appurtenances for all Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1, and the Village of Jericho. Specifically, the fire hydrant installation detail should be corrected. All water installation work and water distribution material must comply with these specifications. 4. All domestic services and fire sprinkler systems that are connected to the public water system shall be protected with a backflow prevention assembly, and an appropriate thermal expansion system in compliance with the Ordinance For The Control Of Cross Connections Within The Water System Of the City Of South Burlington. Please contact this department for more information on backflow protection devices. 5. Eight -inch Ductile Iron (DI) water pipe shall have no less than three (3) brass wedges installed at each joint. Bury depth to the new main shall be six feet (6') to the top of the pipe. The new 8" DI main shall be Poly wrapped. 6. All hydrants shall meet the aforementioned specifications, and a hydrant flag shall be supplied with each hydrant. Hydrant drains shall be plugged prior to installation. Waterous Pacer fire hydrants must be ordered with a "Boston" operating nut installed before placing the water line in service. 7. Fire flow conditions must be able to meet the requirements stated in the above referenced specifications, as well as meeting any conditions set forth by the Fire Department. This area of Hinesburg Road may be subject to conditions relative to a dead end line downstream of large commercial customers. A minimum 35 psi rule under normal conditions, and a minimum 20 psi rule under fire flow conditions that are common in well looped systems may be limited in this project area. Sufficient engineering and design must be incorporated in order to meet State Water Supply Rule and the above Specification requirements. 8. Normal working pressure in the distribution system for this project shall be designed to produce 60 psi and not less than 35 psi. Further, the SBWD Specifications requires all hydrants in a residential development be able to supply no less than 500 gpm at 20 psi at the worst case hydrant residual pressure. The developer and his engineer are responsible for ensuring any hydraulic design for this project considers these requirements. The developer and engineer are responsible for all inadequacies in water supply pressure for fire and domestic requirements, including those associated with the aforementioned changes. It may be necessary, after your firm reviews hydraulic modeling, to include a booster pump station for this development. 9. Although actual field conditions may vary from hydraulic calculations, project design must include consideration of the elevation limits that exceed those that will be present after the Dorset Street water storage tank and other water system improvements currently being constructed are complete. This project's elevations appear to exceed the CWD recommended design elevations for water supply pressures. It is generally considered that a maximum elevation of 450' will be able to meet VT Water Supply Rule requirements minimum supply pressure of 35 psi. 10. No underground utility lines or structures shall be installed within four feet from the water main on either side, from the top of the main to the finish grade, with the exception of storm sewer and sanitary sewer lines as stated in the above referenced Specifications. Trees shall not be placed over any water main or service line, nor placed within 20' of any appurtenance, including fire hydrants. Generally, other underground utilities shall be placed on the opposite side of the road from proposed or existing water mains. 11. Separation between the water main and service line and nearby sanitary and storm sewer lines shall comply with the VT WSR requirements and the above referenced Specifications. 12. The proposed water main shall be considered private until such time as the right- of-way in which it is located is deeded over to the City. As a private water main with private hydrants it is subject to the City of South Burlington Water Ordinance requirements governing maintenance and repair of the water main and hydrants. This includes the current annual private fire hydrant fee of $100.00 per hydrant. The owner must provide this Department with current billing information for each of these fire hydrants. 13. Prior to any building construction, the building contractor must contact this Department to discuss City requirements for meter sizing, meter settings, and backflow protection. 14. The SBWD shall be sent any future hard copy plans involving this project for review, independent from those plans sent to the Planning and Zoning Department. Future plans must include details and specifications as required in the above referenced Specifications. Prior to final plat recording the SBWD shall be provided a copy of the final plans. 15. The SBWD shall be notified prior to backfilling to inspect all fittings, main line taps, appurtenances, water line crossings, and testing. 16. Further review changes may be required as this project proceeds through the permit process. The SBWD shall be provided a final plat for this project prior to recording for final review and approval. 17. A hard copy set of As-Builts as well as one electronic copy in Auto-CAD.DWG Version 14 Format or newer shall be supplied to this department upon completion of the water system improvements. If you have any questions or I can be of further assistance, please call me. Sincerely, /Jayadeau Superintendent CC. Brian Robertson Doug Brent George Dow Plan Reviews: Anderson Property South Idurlington Fire Department 575 Dorset Street South Burlington, VT 05403 (802) 846-4110 Douglas S. Brent, Fire Chief September 29, 2004 Ms. Juli Beth. Hinds, Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Anderson Property Project Hinesburg Road Dear Juli: I have reviewed the plans for the proposed construction of the planned residential development off Hinesburg Road. I have also made a site visit and spoken with Mr. Anderson several times relative to the project. I have the following recommendations: 1. Compliance with all requirements of Vermont Labor and Industry Fire Prevention Division codes and standards. 2. At this time access to these lots will be by private road. As the City of South Burlington would have no control over winter road maintenance response during times of poor road conditions could be compromised. Therefore, I would like to see residential sprinkler systems installed in these residences. 3. Fire Department Sprinkler Connection location to be specified by SBFD. 4. Installation of the necessary fire alarms required for an occupancies such as these. 5. The plan shows two new fire hydrants for this project which is more than adequate. 6. Turn around points for fire apparatus appear to be adequate. 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. m rely, Douglas S. Brent Chief of Fire and EMS BILL SZYMANSKI, City Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 846-41o6 (phone) 846-4101(fax) COMMENTS Anderson Property Hinesburg Road 9/30/04 1. Kendrick Drive is a private street. Water and sewer mains within this street are also private. The water and sewer mains serving this three lot subdivision will also be privately owned and maintained. 2. Plans shall show a typical section of the gravel access drive. 3. Sewage pumping station design shall be reviewed by the City Pollution Control Superintendent. C TO: Brian Robertson FROM: Tom Hubbard, Recreation Director RE: RPC Recommendations DATE: June 8, 2004 The Recreation Path Committee made the following recommendations at its regular monthly meeting last evening: ANDERSON RPC recommends that a 10' recreation path be built from Kendrick Dr. adjacent to, but separate from the road proposed for the development through to Hinesburg Road. MARCEAU MEADOWS The RPC requests a separate map which shows the proposed recreation paths through the development. RPC recommends an 8' off -road path along Old Cross Road, connecting through to the existing path in the golf course at the pocket park. The second recommendation is a 10' off -road path from Old Cross Rd. along Claridge Dr. connecting to the recreation path in the proposed Cider Mill development. TMb sn.r 1M sn..t R n.t h ,b. Md, Lbo / 1 tw i'°wwr"i�F /✓` 11�oaw .coy: I. wmr sinew 11 1 ri 1I w�'!► ..�.y„y / . e2t�dt a �`" � ewer vna . A. Ra..+ct 1�t1, ri ' .+T ' ' r ' / ' A � +'P� s • 11MfJ' r a r s sra+n".f.�i�7""�`••P�' �y / ! ! .' ' ..,L. ,,' '!' % I ! I • .'.wl • wy� +.....:.:.... tr f �) .�••!_,I• r i' • / % /+% 1' % ! i �' �� nNw err.' 1 e 1 1 '�...,: _..r�'""�-T w....,.....,......� ! 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M pd, d o. a aw.w awao. w. ..y.rea ,' (� r 1 1 I e'cv. aan ane ti.wt erom. / C=P—WA m� Legend .r....w MddV Er E+'• _ M.ew.d LO t eons z gR,i,p- ----- cw.tw. ------ry-- tlw.o.t sooasy Sl.r Ittt 0.4 191.. m M Svdtay Ss.ar �s�/"nC� -s�..q"I1s�� F V h Eb.tre P w ...s... ss. ---- Bar. oft i uNmr o• • v SIt F obftwolm C' olF a 4& �y ' ab s1:me / on.r s..r m aw.ro se.rw e by EWELLYN • HOWLEY — ANDERSON PROPERTY INCORPORATED twret.�r Ib.r1 O.Iu aptR1 Enpwehg ..m:mN.g l:mauNin9 Servicex �-- B.w�E1. all gn.b.11 Yv.. 9,.. TA3N F�M)656-3E6] Site Plan Emm Mud4gron T (dAnl .5&2,p6 p..t.. 7MNq 1q eK..l Y.rwlEnea@.d.aaw .�.. . Permit Number SD- - CITY OF SOUTH BUFLINGTON APPLICATION FOR PRELIMINARY 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 R]�CORD (Name as shown on deed, mailing address, phone and a 2) LOCATION OF LAST RECORDED DEED (Book and page #) ��� �ys­ 3) AP 5) PROJECT STREET iling a dress, phone and fax # !/?` 0-%q 4- / /_ _ // /,/ . /_ -7—• 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 0,C>&&aof t9cz L 7) PROJECT DESCRIPTION a) Existing Uses on Property (in .luding description and size of each separate use) 0ii , v, i n rr, n,z ice., cam.,,,-/ .�xx�r1 /,,Ir b) Proposed Uses ov property (include remain) 'sZe bC11o,� c) Total building square footage on property SP opos 3 he M* S e � aoo sr • 1 r ,t,. d) Height of building & number pf floors if basement and mezzanine) - e) Number of resicIpntial,un4s (if appligable, new f) Number of employees):— of each new se A existing uses to }u ings and existing buildings to remain) (44o(7 S9.4se buildings and existing buildings to remain, specify /and �(xisting units to remain /0VIS 1 s & company vehicles (existing and proposed, note office versus non -office Cb 1 g) Other (list any other information pertinent to this a pI* ation not specifically requested above, please note if Overlay Districts are applicable): h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc.: fl A- — 8) LOT COVERAGE a) Building: Existing_� % Proposed 2 '2 % b) Overall (building, parking, outside storage, etc) Existing % Proposed 3 c) Front yard (along each street) Existing <2 % Proposed_.__ 9) COST ESTIMATES a) Building (including interior renovations): $ 1IZ�,�� 3 Y` °"-,Pz b) Landscaping: $ So o 0 ,Gx 3 �or•,�s c) Other site improvements (please list with cost):_ - a -'�-a — /- v 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out):TE, C21 vl 10 VrE%home = 3dy�da4 b) A.M. Peak hour for entire property (in and out): I-'iY Z 1 oT71 eN,e = Z-3 t/fE��dmf c) P.M. Peak hour for entire property (In and out): .rTF- �7_! i d Zyre�i�fiE/M dr 11) PEAK HOURS OF OPERATION: Al 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 1 sfi b0y-e ZvuS Z r 3 how.0 ZOOS 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 (I 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). 2 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNAT E O PPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: Cople Incomplete Planning & Zoning or Designee y, Date 3 Permit Number SD- - 66 CITY OF SOUTH BUFLINGTON 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. For amendments, please provide pertinent information only. 1) OW�j ER OF4RECORD (Name as shown on deed, mailing address, phone and fax 119 vT O. SV4 2) LOCATION OF LAST RECORDED DEED (Book and page #) V.L. G y 5 0 pale SR - l 5 3) APPLICANT (Name, mailing addre s, phone and fax #)(►11t �d�rZ I1��1d�1ow�,r C� L)A�, �(T- �5-4�5 (xvzT3i x -gj 4) CONTACT PERSON (Name, mailing address, phone and fax #) L ILLS - 'A, e ae n, 2 0 G,<.,ry Lil si-r 2 Z T jr11 , 6^y i100 5) PROJECT STREET ADDRESS:Ueox-� 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 160 Voy O 1 Lac L 7) PROJECT DESCRIPTION a) Existing PUses ^o'�I` n�Propertyincluding /y� includingdescription and {+ size of each separate use) b) Proposed Uses on property (incl"description and size of each new use and existing uses to remain) �x,l A�v'3)On ��, Cer t&S" kaAaA 4e"joamecF— c) Total building square footage on property (proposed buildings and existing buildings to remain) 3 o S o q 800sg . r: �Ty QC) 514 -GT d) Height of building & numbed oaf floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) T 2 5,.C�f wo--* -Ijo Rwr-5 6" groorA e) Number of r/esid[[e�n is units (if applicable, new units a d existing units to remain) l a^A-C, ( '�TA'� �f cal\ -Pkrw pvrao54 1 f) Number of employees):— & company vehicles (existing and proposed, note office versus non -office g) Other (list any other information pertinent to this a plication not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE 0 Z.2 a) Building: Existin % Propose b) Overall (building, par 'n outside storage, etc) 3. 8 Existin % Propose % + i- c) Front yard (along each street) Existin % Proposed A& -0/0 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ 151, (>c>0 �0'r 3 If c) Other site improvements (please list with cost):���so _ C—ra2 20, ov o Sva 'cn_ '� o Oe 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): =TE ( It °) 1 p 11T616M• = 3 o V-T e b) A.M. Peak hour for entire property (in and out): fC-<2ko� o .1l QTtr a.3 VTELhc c) P.M. Peak hour for entire property (In and out): TL(Z' f) yT- = 3.a, v1 ejhr 11) PEAK HOURS OF OPERATION: 0 A 12) PEAK DAYS OF OPERATION: P' 4 13) ESTIMATED PROJECT COMPLETION DATE: `�� 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" 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). 2 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT �-, 1 (2, 1: t �,- � � SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: U � I have reviewed this final plat application and find it to be: & Zoning or Designee 3 LLEWELLYN HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: September 8, 2004 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Anderson Property File: 2004013 Copies: Message: Please find attached: • Five full sized sets and one 11x17 of the drawings we wish to be reviewed for Preliminary and Final Plat. We assume the application forms and the application fees have been submitted by Mike Anderson. The survey field work has been performed and the plat is forthcoming from Button Proffessional Land Surveyors. The landscape plan will be minimal and follow this set under a different cover. We will submit this same set to Jay Nadeau for his review. Feel free to call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED Skip McClellan 20 Kimball Ave, Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting LLEWELLYN , HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: September 9, 2004 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Anderson Property File: 2004013 Copies: Message: Please find attached: • Five copies of the Subdivision Plat by Button Professional Land Surveyors and five copies of a plan showing the current zoning restrictions. We believe there is a mistake on the application concerning the landscaping budget. We intend to plant a few trees at the top of the hill near 116 but intend no street trees. The amount shown on the application is too high. Feel free to call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED Skip McClellan 20 Kimball Ave. Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting S \PROJECTS\2004\2004013 Antlerson\tlwg\2004013 160 zones.dwg 09/09/2004 02:26 21 PM EDT 1l r �m ;Z : $ e X o _ � i11 a _ MO?! _�8 014l68od n o 0-0-01 LLEWELLYN , HOWLEY I N C O R P O R A T E D TRANSMITTAL LETTER Date: September 13, 2004 To: Ray Belair Zoning Administrator City of South Burlington, VT Re: Anderson Property File: 2004013 Copies: Message: Please find attached: • Five fullsized copies and one 11x17 of the Site Plan revised to add the current zoning restrictions from the Official Map.. Feel free to call if you have questions or require additional information. Sincerely, LLEWELLYN-HOWLEY INCORPORATED Skip McClellan 20 Kimball Ave. Ste. 202N, South Burlington, Vermont 05403 T 802-658-2100 F 802-658-2882 e-mail: Ilewellinc@aol.com Engineering Land Development Permitting LMW ft 1040 11 A, A, ml, Sll-t Match lMs by M,, b 49ZM S- ma jr —t to fM aty If aLlb Mn w .gkvd I- -t 4"80 P­Aft 8' 0 I 70 I F Notes 1411 Lot #3 1. o— f 59,384 sq.ft. 1.36 acres TjPW Lot* 12 & 03 * P-1 — It5 * zl. S tt,— fArodmt (wo) 3. Pod: jMW M� L 8. P�),lcf Dwo: 3 k,& �Ry 3 kt,, rWiV,g Hk,,llb� Road.UNM� 10 be=t,.dd �hlllkV �HW Ill ad stmrdrwat 7. Lot if my b, haffiw b the W.. Pa ,prpl,,ty lM Mfk—,t,*,l,, il—, plan w,tib '&bAwdan Poe or Lw,ft oT AfidW J by &Ht Pl,,lM.bnd Ll-$ 9—­ 23D.0 doted olp/07A4. I TWgraphy —F wbtft Wk. by ik,ffon Pro7/ nud Lord SLwypa, 20 Kkb4 Ave. St. =W Sn B.~an. vr. May 10. Wetlmd ddMaflw w Mderem pl,­1 by CaMy M omr wtlmrd, t— horn p14,, Orevbd by ormr. fttlard and w1-1 by re WW by wear. No wtlmd m anwromrrlfd —,HWU pw(o by Mill office 11. Layout w lA—W by omr m q,,l t. RO y d-4. by omen. city of swth 11 fttm rv1a. dzw bl—1 w dm w uw ­fy sbee/i—lmtd. drmW by otlrr. If ------------------------- I I Hmn—'. Aaeocbtkn1— st— H— Maw Papawd pomp I=* Wk, d d �U- — Lot it by � `k1— Is' --y (by 1. CO Loi #1;` 111.4o acre! Legend P—p—d Pmp�y Ln. t Lb. ft fAnit W� Z— Bufdh' Stb — — — c t— t a•armr ------ra S-MS— U.N. Hy&-t Cate Vd- Wbtoi,, SAPPlY F— May! El-L'k, p— O.Wh.W Wk. Bb V*. F— utufty POW 0 S"t F— Ssa•Ik•'m ode rM! /6 \ // // Ae/O .=h bff�'k Pwd. b.W PAQWW Ad* i Qf—y t. M. 4; �ta f- A— —y J. Anderson 1 Acres IV/ pmp—1 a'& rdthv seat Rhn 403.95 out =15 "—hr. b. .1 F— b—ph -d tall. - 0*" do' ROW i a'ECEIVED St-P 0 8 2004 udington 5 1 i , G— . �- S.— by V- 11 " 11 8'&V. w -d '; 1 X \ N .— J sow M Oak HN Road VVosIDn, VerMOfA DUDS (am)* 8TI-'m 14;F7 '��EES GRMHIC SCMA ZH57 IKE� o w 'aob l my JF7 North I look - 40 ft LLEWELLYN - HOWLEY — ANDERSON PROPERTY 10101W INCORPORATED olllim O.W"- OLE 20 K—Be•8 202H Site Plan C—plml,llol,ol n. . .... Vmw R. CITY OF SOUTH BURLINGTON :DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REMIEW BOARD Report preparation date: September 27, 2004 \drb\sub\anderson\preliminary_final.doc Plans received: September 8, 2004 MIKE ANDERSON— 3- LOT SUBDIVISION PRELIMINARY PLAT APPLICATION #SD-04-67 FINAL PLAT APPLICATION #SD-04-68 Agenda #11 Meeting Date: October 5, 2004 Owner/Applicant Mike Anderson 118 Wildflower Circle Williston, VT 05495 Engineer Property Information Llewellyn -Howley, Inc. Tax Parcel 0860-01600-L 20 Kimball Avenue 14.2 acres S. Burlington, VT 05403 SEQ Zoning District-, Zone C of Dorset Park Scenic View Protection Overlay District Location Map c t414N\( �a • {M�?A A. e i 4,7 k CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary fiinal.doc Mike Anderson, hereafter referred to as the applicant, is seeking preliminary plat and final plat approval for a planned unit development consisting of: 1) subdividing a 14.12 acre parcel into three (3) lots of 11.4 acres (lot #1), 1.36 acres (lot #2), and 1.36 acres (lot #3), 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The Development Review Board reviewed the sketch plan for the proposed project on July 6, 2004 (minutes attached). 'The applicant is proposing to construct one (1) single-family dwelling on each of the proposed lots. All three (3) of the proposed buildings are located in a "restricted area", as identified on the Official SEQ Zoning Map. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on September 8, 2004 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed Min, Lot Size 12,000 SF 1.36 acres Max Density 17 units 3 units Max. Building Coverage 15% n/a Max. Overall Coverage 30% n/a Min. Front Setback 20 ft. >20 ft. Min. Side Setback 10 ft. > loft Min. Rear Setback 30 ft. > 30 ft. zoning compliance o n/a because no buildings are proposed at this time SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\preliminary final.doc The Superintendent of the City of South Burlington Water Department, Jay Nadeau, reviewed the plans and provided comments in a letter dated September 20, 2004 (attached). 1. The applicant shall comply with the requests of the South Burlington Water Department, as outlined in the letter from Jay Nadeau dated September 20, 2004. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The plans depict the location of proposed sewer lines and have been approved by the City Engineer. 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the proposed lots is proposed via a private roadway off of Hinesburg Road_ Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may be served via a private roadway. However, pursuant to Section 15.12(E) of the Land Development Regulations, this roadway should be constructed to a minimum width of 20'. The proposed roadway will be predominantly located within a designated "restricted" area. Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of access driveways, roads, and appurtenant improvements to serve approved development or uses shall be allowed in the "restricted" areas_ In order the facilitate a potential future connection to Kendrick Drive, the applicant has proposed to relocate the existing 60' wide right-of-way to the west, so that it aligns with the existing right-of-way on the property to the north. This will create a continuous 60' wide right-of-way extending from Kendrick Drive to the southerly property boundary of the subject property. Circulation and traffic management are not issues with the proposed project. 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 plans that the applicant submitted depict the wetlands and the wetland buffers on the subject property. These were delineated by Cathy O'Brien. The building envelope on lot #1 is located outside of any wetlands or their associated 50' wide buffer, the building envelope on lot #2 encroaches into a Class III wetland and its associated 50' buffer, and the building envelope on lot #3 encroaches very slightly into a Class III wetland buffer. In addition, the proposed private roadway will encroach into the buffers of one (1) Class II wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions: CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\oreliminary final.doc a. prohibit application of pesticides/herbicides in wetlands and their buffers; b. prohibit removal of wetland vegetation; c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging once per year; d. preserve the three (3) Maple trees in the northwesterly portion of the property. In addition, the applicant is proposing to extend the utility lines serving the proposed lots through the Class II wetland and its buffer along the northerly property line. This will require a CUD from the State Vermont's Water Quality division. 3. The building envelope on Lot #3 shall be revised to completely avoid the Class III wetland buffer, prior to recording the final plat plans. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Flan and the purpose of the zoning district(s) in which it is located The proposed project seems to be visually compatible with the planned development patterns in the SEQ. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. In addition, wetland impacts on the subject property have been minimized. 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. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. This is an important corridor, as it has been identified as containing wetlands and woodland/wildlife habitat. 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 The South Burlington Fire Chief reviewed the proposed plans and provided comments in a memorandum dated September 29, 2004 (attached). 4. The applicant shall comply with the requests of the South Burlington Fire Chief, as outline din his comments dated September29, 2004. 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 reviewed the sketch plans for the proposed project at its meeting on June 7, 2004. Their comments are provided in a letter dated June 8, 2004 (attached). 5. The plans shall be revised to comply with the requests of the Recreation Path Committee, as outlined in their letter dated June 8, 2004, prior to final plat approval. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sublandersonlpreliminary onal.do Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004, 2004. 6. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. The City Engineer reviewed the proposed plans and provided comments in a memorandum dated September 30, 2004 (attached). 7. The applicant shall comply with the requests of the City Engineer, as outlined in his memorandum dated September 30, 2004, prior to issuance of a zoning permit. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the SEQ, as outlined in the Comprehensive Plan. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. Staff feels the three (3) proposed lots meet the goals of this requirement. According to Section 9.06(A) of the Land Development Regulations, land located within a designated "restricted" area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted" area, the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. SEQ Restricted areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section 9.08(B) of the Land Development Regulations, the DRB may approve development activities to occur within the "restricted" areas or allow lots or portions of lots to be located within the "restricted" areas, provided that they find such development activities are consistent with the purpose of the SEQ. The applicant is proposing three (3) single-family lots and building envelopes in the "restricted" area. One (1) of these is located in a "restricted" area that was designated to protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates that the location of the proposed dwelling units do not encroach into any wetlands or their buffers (see attached wetland delineation map). Thus, staff and the NRC are comfortable with the location of this lot and building envelope. Two (2) of the lots and building envelopes are proposed in a "restricted" area that was CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\andersonlpreliminary fiinal.doc designated as a view protection zone. The location of the proposed building envelopes are at the bottom of a steep slope grading down from Hinesburg Road. Thus, buildings in the proposed building envelopes should not obstruct any scenic views from Hinesburg Road. 8. Staff recommends that the DRB approve the location of the three (3) proposed single-family lots and building envelopes. Other All of the additional standards outlined in Section 15.18(B) of the Land Development Regulations are being met through the proposed project. 9. The plans shall be revised to include the name of the proposed private roadway, approved by the South Burlington Planning Commission, prior to recording of the final plat plans. Staff recommends that the Development Review Board approve preliminary plat application #SD- 04-67 and final plat application #SD-04-68, conditional upon the applicant addressing the numbered items in the "comments" section of this document. Respectfully submitted, i y `Brian Robertson, Associate Planner Copy to: Mike Anderson, applicant r. 1176 [Irk" 111011 , 403 Queen City Park Road South Burlington, VT 05403 Phone: (802) 864-4361 Fax: (802) 864-0435 September 20, 2004 Llewellyn -Howley, Inc. Mr. Skip McClellan 20 Kimball Ave. Suite 202N South Burlington, VT 05403 Re: Anderson Property Dear Skip: The South Burlington Water Department has reviewed the plans for the above referenced project. Please find my comments below. 1. At this time the City of South Burlington does not have sufficient water storage for any new project requiring more than 1,000 gallons per day (gpd) in this water service area. No construction shall be permitted that may restrict or encumber water supply and storage for the City's current customers until additional storage has been made available. 2. Please complete the attached Application for Water Allocation and return it to the South Burlington Water Department as soon as possible. As your project continues, the Application for Water Allocation will need final approval, which will be contingent upon construction of additional water storage volume serving this section of the City. Final engineering and construction is underway and the estimated on line date for the new tank is October 2004. 3. Details of water infrastructure should be corrected to reflect those found in the Specifications and Details for the Installation of Water lines and Appurtenances for all Water Systems Owned by the Champlain Water District, the City of South Burlington, Colchester Fire District #1, and the Village of Jericho. Specifically, the fire hydrant installation detail should be corrected. All water installation work and water distribution material must comply with these specifications. 4. All domestic services and fire sprinkler systems that are connected to the public water system shall be protected with a backflow prevention assembly, and an appropriate thermal expansion system in compliance with the Ordinance For The Control Of Cross Connections Within The Water System Of the City Of South Burlington. Please contact this department for more information on backflow protection devices. 5. Eight -inch Ductile Iron (DI) water pipe shall have no less than three (3) brass wedges installed at each joint. Bury depth to the new main shall be six feet (6') to the top of the pipe. The new 8" DI main shall be Poly wrapped. 6. All hydrants shall meet the aforementioned specifications, and a hydrant flag shall be supplied with each hydrant. Hydrant drains shall be plugged prior to installation. Waterous Pacer fire hydrants must be ordered with a "Boston" operating nut installed before placing the water line in service. 7. Fire flow conditions must be able to meet the requirements stated in the above referenced specifications, as well as meeting any conditions set forth by the Fire Department. This area of Hinesburg Road may be subject to conditions relative to a dead end line downstream of large commercial customers. A minimum 35 psi rule under normal conditions, and a minimum 20 psi rule under fire flow conditions that are common in well looped systems may be limited in this project area. Sufficient engineering and design must be incorporated in order to meet State Water Supply Rule and the above Specification requirements. 8. Normal working pressure in the distribution system for this project shall be designed to produce 60 psi and not less than 35 psi. Further, the SBWD Specifications requires all hydrants in a residential development be able to supply no less than 500 gpm at 20 psi at the worst case hydrant residual pressure. The developer and his engineer are responsible for ensuring any hydraulic design for this project considers these requirements. The developer and engineer are responsible for all inadequacies in water supply pressure for fire and domestic requirements, including those associated with the aforementioned changes. It may be necessary, after your firm reviews hydraulic modeling, to include a booster pump station for this development. 9. Although actual field conditions may vary from hydraulic calculations, project design must include consideration of the elevation limits that exceed those that will be present after the Dorset Street water storage tank and other water system improvements currently being constructed are complete. This project's elevations appear to exceed the CWD recommended design elevations for water supply pressures. It is generally considered that a maximum elevation of 450' will be able to meet VT Water Supply Rule requirements minimum supply pressure of 35 psi. 10. No underground utility lines or structures shall be installed within four feet from the water main on either side, from the top of the main to the finish grade, with the exception of storm sewer and sanitary sewer lines as stated in the above referenced Specifications. Trees shall not be placed over any water main or service line, nor placed within 20' of any appurtenance, including fire hydrants. Generally, other underground utilities shall be placed on the opposite side of the road from proposed or existing water mains. 11. Separation between the water main and service line and nearby sanitary and storm sewer lines shall comply with the VT WSR requirements and the above referenced Specifications. 12. The proposed water main shall be considered private until such time as the right- of-way in which it is located is deeded over to the City. As a private water main with private hydrants it is subject to the City of South Burlington Water Ordinance requirements governing maintenance and repair of the water main and hydrants. This includes the current annual private fire hydrant fee of $100.00 per hydrant. The owner must provide this Department with current billing information for each of these fire hydrants. 13. Prior to any building construction, the building contractor must contact this Department to discuss City requirements for meter sizing, meter settings, and backflow protection. 14. The SBWD shall be sent any future hard copy plans involving this project for review, independent from those plans sent to the Planning and Zoning Department. Future plans must include details and specifications as required in the above referenced Specifications. Prior to final plat recording the SBWD shall be provided a copy of the final plans. 15. The SBWD shall be notified prior to backfilling to inspect all fittings, main line taps, appurtenances, water line crossings, and testing. 16. Further review changes may be required as this project proceeds through the permit process. The SBWD shall be provided a final plat for this project prior to recording for final review and approval. 17. A hard copy set of As-Builts as well as one electronic copy in Auto-CAD.DWG Version 14 Format or newer shall be supplied to this department upon completion of the water system improvements. If you have any questions or I can be of further assistance, please call me. Sincerely, /^Jaydeau Superintendent CC. Brian Robertson Doug Brent George Dow Plan Reviews: Anderson Property South Burlington Fire Department 575 Dorset Street South Burlington, VT 05403 (802) 546-4110 Douglas S. Brent, Fire Chief September 29, 2004 Ms. Juli Beth Hinds, Director of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Anderson Property Project Hinesburg Road Dear Juli: I have reviewed the plans for the proposed construction of the planned residential development off Hinesburg Road. I have also made a site visit and spoken with Mr. Anderson several times relative to the project. I have the following recommendations: 1. Compliance with all requirements of Vermont Labor and Industry Fire Prevention Division codes and standards. 2. At this time access to these lots will be by private road. As the City of South Burlington would have no control over winter road maintenance response during times of poor road conditions could be compromised. Therefore, I would like to see residential sprinkler systems installed in these residences. 3. Fire Department Sprinkler Connection location to be specified by SBFD. 4. Installation of the necessary fire alarms required for an occupancies such as these. 5. The plan shows two new fire hydrants for this project which is more than adequate. 6. Turn around points for fire apparatus appear to be adequate. 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. .3—incIrely, r � Douglas S. Brent Chief of Fire and EMS BILL SZYMANSKI, City Engineer City of South Burlington 575 Dorset Street South Burlington, VT 05403 846-4io6 (phone) 846-4101 (fax) COMMENTS Anderson Property Hinesburg Road 9/30/04 1. Kendrick Drive is a private street. Water and sewer mains within this street are also private. The water and sewer mains serving this three lot subdivision will also be privately owned and maintained. 2. Plans shall show a typical section of the gravel access drive. 3. Sewage pumping station design shall be reviewed by the City Pollution Control Superintendent. C TO: Brian Robertson FROM: Tom Hubbard, Recreation Director. RE: RPC Recommendations DATE: June 8, 2004 The Recreation Path Committee made the following recommendations at its regular monthly meeting last evening: ANDERSON RPC recommends that a 10' recreation path be built from Kendrick Dr. adjacent to, but separate from the road proposed for the development through to Hinesburg Road. MARCEAU MEADOWS The RPC requests a separate map which shows the proposed recreation paths through the development. RPC recommends an 8' off -road path along Old Cross Road, connecting through to the existing path in the golf course at the pocket park. The second recommendation is a 10' off -road path fi:om Old Cross Rd. along Claridge Dr. connecting to the recreation path in the proposed Cider Mill development. Rfa - ----- ---- W.U-d Lbrff s S.9, Z... mwmg Snwa C-t— . . .. . .. cm=.w S-r-y s— wi. Hyd t Olt. vd. iratx Supply Wb sera dqd 1—t" LW =7- a-h--d u� fkA, � F— Uway Fw. SO F— Lot 4M4*3 sq* 11AVacsv4 71 I A" �et E=Wbvq -Rk. .9s I f adult PVC Rwktrartuz — If E\bMg vo, ROW Ir bWW PARMG- 14W. U.&V law-lat L t *3 1- 0— of R—d All. Ald— Ila estorts txw- VT w4l)!5 Z.Awk-e imu Mm.aoa eta IVdA— c,* Ibeneroff ' ZMX2T, n- a;—,; WM0- Vr 0540 J. Pmw � 745 x _fJ 0560 OfVGO L (EM) Olk "—llv raga n, 3 rota Ww —4" amwm f— 14, -d. fIbIlVett uLl -t.WW f Ah Od St-- --.bow— mbOu d i. the fUd— %41 F*".w peepmy ,ramaj= tc Ian pkn maned Pft of 1m f Affah" d Adwt—" by Wfm Pb fe—kd L,—f M—yM1 dbw as/w/" 20 Lfmcb Lt., rqp,—phy —1 'WIMU ruaku­ by SM" Fmff�� I- sla 21M S� su,�qf— 'fr. qw 2� U." U. Sh-t W. FOIUI,d e40-6m cn /Ww Pvicel by��, "y(Ylt,9� �w �Ift� f% 9 —d LIM, tl�& It, —111bg P-� yn�b ,�Wmd by !T1 —1 1� "d 11 &,w I. p-, st.m. CRY -ti-b T-�.ft 3TI 40� It- 0,­t by eerier ,a op R-d� d,,tOl by ulI,— based d—�k hl It d-`— I any a Sl= ------------- fl UBM3 sbp ft...Aal�vw ftwb.�v mA"w a WN -V— "#Aw 839 Oak Hill Road - Wiblston,'Je t 05M �• tea Br■IYm ftft (802) 676-6022 by amerce R.Wicted (OP 'A a tuh, yl. Aft PA 7 P°mp stu. M S" d. yAt oil \ \ {p-.X t� : ( ' 1, t ; ( ,\ 1 t`, lk I -W SUMP Z& 4"10 md 49100 'A \ IL n/v ------------- F AMY g0vw --- ------------ 3w aooaRw,t to the of �m 7-3wo ,, %\ BkOlaft- .7, 7. k I V, io LA p,*­0 sm,12 ak 4"70 L Y anwHic SCAM MUPPELLYN - HOWLEY — ANDERSO PROPERTY F-9aaa 49 0 2. 40 so In 1 Z2 c a R p 0 R A T 2 5care 6.0.0. V— OA 20 KI.Ml are. U ...M 1602) 66im,l i inch 2 10 & Ilm) awmw 31te Man V—. 33M —10 4.-.— ebb CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 15, 2004 Stone House Village Homeowner's Association P.O. Box 398 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 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, stop by during regular office hours, or attend the scheduled public hearing. Sincerely, Q Betsy McDonough Administrative Assistant Encl. Agency of Natural Resources Department of Environmental Conservation Notice of Issuance of Conditional Use Determination #2003-412 Please be notified, as per Section 8.4 of the Vermont Wetland Rules, that the request for a Conditional Use Determination received from Cathy O'Brien, Consulting Ecologist on behalf of the applicant to install utilities and an access drive in a Class Two wetland and its 50-foot buffer zone has been approved on this y - 'iay of G , 2004. It was found by the Agency of Natural Resources that this conditional use will not result in any undue, adverse effects to the protected functions of the significant wetland located off Hinesburg Road in South Burlington, Vermont. Complete copies of the decision can be obtained by calling the Water Quality Division at 802-241- 3770 or writing to the address below. Any person with an interest in this matter can appeal this decision pursuant to 10 V.S.A. Section 1269. Any notice of appeal must be filed (ie: received) at the Water Resources Board, National Life Records Center Building, Drawer 20, Montpelier, VT 05620-3201 (telephone (802) 828-3309) within 30 days of the date of the decision. April J. Moulaert District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Waterbury, Vermont 05671-0408 AJM:pu cc: Distribution List CITY OF SOUTH BURL INGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 21, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: Minutes Dear Mr. Anderson: Enclosed, please find a copy of the minutes from the June 15, 2004 and the July 6, 2004 Development Review Board meetings. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. � r�&6a� W DEVELOPMENT REVIEW BOARD 15 JUNE 2004 Mr. Farrell noted they have never counted the Twin Oaks parking spaces or the demand for that facility. They have always considered it `a wash." Mr. Belair said there has been no issue with Twin Oaks parking over the years. With regard to the noise issues, the city can require a noise study during the time neighbors say the noise is excessive. He felt that these are post -graduation parties, and the city needs to address this. Mr. Kupferman asked about the Farrell/Eastwood problem. Mr. Farrell said that on 21 June there will be an experimental traffic change. He wasn't sure exactly what it will involve. Mr. Barritt noted that the new speed bumps on Hadley and other streets are having a positive result as are new plantings. One neighbor noted that with all the lights on in the development, he can read a book in his yard at 1 a.m. There is a question as to whether the Board can control that. Members then considered whether or not to build the parking lot. Mr. Belair noted that if they don't build it now and want it later, they would have to come back to the Board with a plan. Mr. Farrell suggested approving the lot with changes. Then before it is built, he would submit an analysis of the needs/supply. Mr. Farrell suggested keeping the berm to the north face of the building. If they start the berm at 65 ft., they would lose 6 more parking spaces. Mr. Robertson noted that would be a 5.4% waiver. Members were reluctant to approve the plan without a plan showing all the changes. They agreed to have a review on Thursday at 5:45 p.m. and make a decision after they have seen the new plan. Ms. Quimby moved to continue Final Plat application #SD-04-36 until 17 June at 5:45 p.m. Mr. Bolton seconded. Motion passed unanimously. 16 Miscellaneous application #MS -04-01 of Mike Anderson to construct a single family welling within a restricted area, 1600 Hinesburg Road: The applicant noted that the wetland has been delineated and the house does not intrude. He emphasized that they are just asking for approval for this house in this application. -4- DEVELOPMENT REVIEW BOARD 15 JUNE 2004 Mr. Belair said there is an issue with access and house location. The applicant has shown there will be no wetland where the house will be built. The applicant indicated they prefer the Hinesburg Rd. access and noted that Kendrick Drive crosses 2 wetlands. Mr. Belair said staff favors Kendrick Drive as an access. He stressed that Kendrick was created for this purpose and the city doesn't want more curb cuts on Hinesburg Road. It was noted that as a private road, Kendrick can support only one more house. Mr. Bowen, President of the Stonehouse Homeowners' Assn. endorsed the project subject to restrictions in their letter to Mr. Belair. Mr. Simons, secretary of the Association, said he felt they shouldn't make Kendrick a public road. They want to preserve the wetland. He noted the Natural Resources Committee preferred a Hinesburg Rd. access. Mr. McClellan noted that Mike Adams of the Corps of Engineers doesn't want Kendrick Drive to be used. Mr. Kupferman reiterated that the Board does not want to put new curb cuts on major roads. Mr. Veve, an adjacent land owner, noted that the Class 2 wetland has running water and a road on Kendrick would impact the life that is there. He said this is a true woodland corridor. The road would dam up the water and eventually tarnish a beautiful section of the city. Mr. Belair noted that the Natural Resources Committee is an advisory committee only and cannot approve or deny anything. He summed up the issue as: an additional curb cut on Hinesburg Road vs. additional impact on the wetland. Mr. McClellan emphasized that the road from Hinesburg Rd. to the house would always be private. Mr. Kupferman suggested continuing the hearing and discussing the second part of this issue (the next item). Ms. Quimby moved to continue #MS-04-01 until 20 July. Mr. Bolton seconded. Motion passed unanimously. 7. Continued sketch plan application #SD-04-06 of Mike Anderson for a planned unit development consisting of: 1) subdividing a 14.2 acre parcel into four lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (lot #3), and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three lots of 11.7 acres (lot #1),1.3 acres (lot #2) and 1.5 acres (lot #3) for a total of three dwelling units, 1600 Hinesburg Road: -5- DEVELOPMENT REVIEW BOARD 15 JUNE 2004 This is the same property as the previous application. Lot 91 is 11.7 acres. The plan would be to extend the private road to serve 2 more lots. Two of the houses would be in the restricted zone, but they are much lower than the road, so they would not be visible. The homes would all be single family, and the Association would maintain the road. All the wetlands and buffers would stay on Lot # 1. Mr. Boucher said he would like to an access to the south to access a future development. Mr. McClellan said they could do that. Mr. Anderson said he has been told the owner will sell the development rights to that property and a granddaughter will use it as a horse farm. Mr. Boucher suggested invoking technical review to get an opinion on the impact of crossing the wetlands. He stressed the need for interconnected neighborhoods. A resident of the area said that if Kendrick becomes a conduit, they would back to the Board for traffic calming. He didn't feel a connection will make sense there. Ms. Kupersmith suggested continuing to 20 July to hear from Kathy O'Brien on the wetland. Mr. Kupferman moved to continue #SD-04-06 until 20 July. Ms. Quimby seconded. Motion passed unanimously. 8. Site Plan application #SP-04-19 of Mike Hopwood to amend a previously approved site plan for a 6,000 sq. ft. building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive: Mr. Howley said Mr. Hopwood is owner of the property. Mr. Hopwood explained that a few months ago he got administrative approval for the project. This will be a Range Rover repair business now located in Williston. He showed photos of it with 3 autos parked in front. The administrative approval had 2 rows of arborvitae and a fenced grillwork to hide stored vehicles. They were told by the State Wetlands Ecologist that putting in arborvitae in a wetland buffer is not OK and they had to take it out. They did put in a row of arborvitae close to the pavement. Mr. Hopwood is also reluctant about a fence for screening because of the cost. They are requesting a single row of vegetation and no fence. Mr. Belair was concerned with the condition of the cars being seen from the road. Mr. Hopwood said the vehicles may be there several months and will be moved around the lot. Fencing could get in the way of that. 'l.� Ir�a1�Fi,� DEVELOPMENT REVIEW BOARD 6 J U LY 2004 Mr. Boucher moved to approve Final Plat Application #SD-04-41 of Tamarack Services of VT dba Thrifty Car Rental subject to the stipulations in the draft motion. Mr. Kupferman seconded. Motion passed unanimously. �. Continued sketch plan application #SD-04-06 of Mike Anderson for a planned unit development consisting of: 1) subdividing a 14.5 acre parcel into four lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (Lot #3) and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three lots of 11.7 acres (lot #1), 1.3 acres (Lot #2) and 1.5 acres (lot #), for a total of three dwelling units, 1600 Hinesburg Road: Mr. McClellan said they are proposing to access the homes from Hinesburg Road in order to avoid impacting the wetland. Kendrick Drive would also have to be upgraded to a public street. Mr. Dinklage noted that staff does not want another access on Hinesburg Road. Mr. McClellan then gave members a graphic of the wetland impacts and also introduced Cathy O'Brien who did the wetland study. Ms. O'Brien indicated a steep slope and noted there is a lot of ground water at the base of the slope. There are also clay soils where water sits for a long time. She said the area is on the wetter spectrum of what is called "wet meadow." The Corps of (Engineers and the State of Vermont people were out there. Both strongly felt that the least environmentally damaging impact should be considered. Ms. O'Brien gave members a copy of a memo from Michael Adams of the Army Corps and also a letter from April Moulaert. They indicated that Kendrick Drive should only be considered if there is a compelling safety issue with Hinesburg Rd. Ms. O'Brien noted that the Class 2 wetland will require state input. Ms. O'Brien reviewed impact numbers. She noted that there would be an 848 sq. ft. impact with utilities coming off Kendrick Drive and access coming from Hinesburg Road. There would be an 8,833 sq. ft. impact with both utilities and the road coming from Kendrick Drive. Mr. Boucher felt the cul-du-sac was placed in the worst possible place to emphasize the right -of- way. He suggested it could be turned toward Hinesburg Rd. To lessen the impact. Mr. McClellan said they only have 60 ft. to work with. Mr. Dinklage asked how valuable the wetlands are. Ms. O'Brien said they have a water quality function and are valuable for flood storage. There is also some function for wildlife habitat. -7- DEVELOPMENT REVIEW BOARD 6 J U LY 2004 Mr. Bowen noted that Peter Spear, another wetland expert was also present. Mr. Belau said the purpose of Kendrick Drive was to access the property to the south. The city does not want another curb cut on Hinesburg Road, and staff recommends that the Board invoke technical review. Mr. Dinklage asked if there has been any discussion on mitigating the impacts on the wetland. Ms. O'Brien said not yet. The State is waiting for the Board to say there is a compelling safety need to use Kendrick Drive. Mr. McClellan noted they already have testimony from 4 wetlands experts. Mr. Anderson reminded the Board that they had said this would be sufficient. Mr. Bolton said this is not a high volume curb cut, and there are good sight lines. He had no problem with the Hinesburg Rd. curb cut, but he felt there should be a right-of- way maintained on the property. Mr. Spear then addressed the wetland issue. He said that 15 years ago his firm mapped all the South Burlington wetlands. His firm has been evaluating wetland functions for 4 decades. Mr. Spear said this is a situation where the "sum is greater than its individual parts." His firm evaluated 14 functions of this wetland and it came out medium to high on just about all the functions. He felt there would be 10 times the impact with the road than with the utilities. He also said this is a highly valuable wetland. Members preferred to use the Hinesburg Rd. access but to keep the other right-of-way. Mr. Dinklage asked the wetland people to suggest a possible route for the right-of-way. 8. Continues Miscellaneous Application ##MS-04-01 of Mike Anderson to construct a single family dwelling within a restricted area, 1600 Hinesburg Road: Mr. McClellan said the house area is upland, not near the wetland. Ms. O'Brien said it is on a grass knoll. Mr. McClellan said they would have a city standard water line to serve the hydrant. Mr. Belair said staff wants the road as far to the south as possible to keep it away from Van Sicklen. Mr. McClellan said it may be a question of slope, and they will work with staff on this. Mr. Bolton asked if utilities will be public or private. Mr. McClellan said that is not yet worked out. They will work with Public Works and the City Engineer on this. DEVELOPMENT REVIEW BOARD 6 J U LY 2004 Mr. Kupferman noted they may have to sprinkler the homes because of the private drive/access. Stipulation #4 was changed to read: The plans shall be revised to depict the proposed access drive extending off from Hinesburg Road located as far to the south as possible and three copies of the plan shall be submitted prior to issuance of a zoning permit. A neighbor asked about the fence that was required and whether they can take it down. Mr. Belair noted it was put there to keep dogs from chasing cows on the Auclair property. Mr. Boucher moved to approve miscellaneous application #MS-04-01 of Mike Anderson subject to the stipulations in the draft motion of 6 July 2004 as amended above. Mr. Kupferman seconded. Motion passed 5-1 with Mr. Boucher opposing. As there was no further business to come before the Board, the meeting was adjourned at12:55 a.m. (7 July 2004). C) Date INE Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878- 6022 June 8, 2004 To Whom It May Concern: I am submitting a complete copy of a Conditional Use Determination application on behalf of Mike Anderson. The project in question is located on the eastern side of Hinesburg Road in South Burlington, as shown on the attached location map. Mr. Anderson has applied for a Conditional Use Determination from the Vermont Department of Environmental Conservation. The Department of Environmental Conservation requires that a copy of the application be sent to the Town Clerk and the Regional Planning Commission. Please make this application available to anyone who asks to see it during the Department's public comment period. You will receive a mailing from the State informing you of the time frame. Mr. Anderson is seeking approval to install buried utilities through the upper portion of two fingers of a Class Two wetland and adjacent 50-foot buffer zone. The project would result in the temporary impact of 555 square feet of the wetland and the impact of 8,000 square feet of the buffer zone. Please call me if you have any questions on this matter at (802) 878-6022. Sincerely, Cathy O'Brien enc. cc: Mike Anderson State of Vermont �Jit7a► Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VDICE 1- 800-253 -0195 VOICE > TDD Mike Anderson 118 Wildflower Circle Williston, Vermont 05495 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WATER QUALITY DIVISION 103 South Main Street Building 10 North Waterbury, VT 05671-0408 FAX 802-241-3287 TEL 802-241-3770 June 21, 2004 Re: Anderson Lot, 1600 Hinesburg Road, S. Burlington, Wetlands Project #2003-412 Dear Mike: I am writing this letter at the request of your wetland consultant, Cathy O'Brien. I understand that the City of South Burlington would prefer that you locate the access to your new residence off the existing subdivision road, rather than Hinesburg Road. I do not know the reasons for their preference. Cathy asked me to write a letter indicating our preference regarding the access road location. The Wetlands Section would like to see the access road location planned to avoid wetland resources when practicable. If avoidance is not practicable, wetland impacts should be minimized. Therefore, we would prefer to see the access gained from Hinesburg Road since that alternative would result in less disturbance to the wetland. However, if there are legitimate safety concerns associated with a Hinesburg Road access we would need to reconsider our position. I hope this letter is helpful. If you have any questions regarding this letter I can be reached at 241-1418. Sincerely, April J. Moulaert, PWS District Wetlands Ecologist cc: City of South Burlington Planning and Zoning Y2athy O'Brien, Wetland Consultant VERMONT WETLAND RULES CONDITIONAL USE DETERMINATION APPLICATION Title 10 V.S.A., Chapter 37, Section 905 file number: date received: [ J complete [ ] incomplete date completed: DEC receiver: Application Last Revised: 6/24/02 OFFICE USE ONLY INTRODUCTION The following questions must be answered in order for this application to be considered complete. If you have questions on any portion of this form, please call the Vermont Wetlands Office at (802)241-3770 for assistance. Please note that there is a non- refundable fee effective July 1, 2002 (see Section 19) as required by the Vermont General Assembly (3 V.S.A. S 2882(j)(26). Early consultation with the Wetlands Program may result in a reduction of the wetland area impacted. A pre -application site visit is required in order to call this application complete. l KNS'e�� 1. Applicant: Mike Anderson Address: 118 Wildflower Circle, Williston, VT 05495 Phone: H (802) 872-8766 or W 769-3386 2. Landowner (if different): same Address: Phone: (If landowner is other than the applicant, attach copies of any easements, agreements, or other documents conveying permission, and an agreement with the landowner(s) stating who will be responsible for meeting the terms and conditions of the Conditional Use Determination.) 3. Representative: Cathy O'Brien,Cathy O'Brien Wetland Consultant Address: 839 Oak Hill Road, Williston, VT 05495 Phone: (802) 878-6022 PROJECT DESCRIPTION 4. Location: ( Street Address) 1600 Hinesburg Road, Williston 5. Acres owned by applicant at project site: 14.5 acres Acres involved in project: 1.0 acres - 1 - 6 . Project purpose: To construct a driveway to access a single family house. 7. General project description (include number and size of buildings; number of lots; length of roads; type of sewage di sposa 1; e t c .) JTo install utilities through a Class Two wetland and adiacent buffer zones and to construct a driveway through the buffer zone of a Class Two wetland to access 3 houses. OTHER INFORMATION 8. Are any other federal, state or local permits required for this project, and if so have they been applied for or obtained? Required Appfllied Obtained US Army Corps of Engineers Permit [ ] [ ] [ ] 401 Water Quality Certification [ ] [ ] [ ] VT Act 250 Permit [ J [ ] [ ] VT Stormwater Discharge Permit [ ) [ ] [ ] VT Lakes and Ponds Permit [ ] [ l [ ] VT Stream Alteration Permit [ ] [ ] [ ] Local Zoning Permit [x] [x] [ ] Other: [ ] [ ] [ ) 9. Attach the following information to the application: [x] Location map (project area marked on a USGS topographic map or Vermont Significant Wetlands Map) (X1 Site plan(s) including existing conditions, proposed work, erosion controls, and wetland and buffer zone boundaries (see Sections 3.2 and 4.6 of the Vermont Wetland Rules for description of methodology). [x] Any other narratives or documents that the application intends to rely upon in support of the proposed Conditional Use. (X1 Photos of wetland, if available. 10. List the names and complete mailing addresses of all persons owning property within or adjacent to the wetland or buffer zone in question. See attached Sheet - 2 - WETLAND AND BUFFER ZONE IMPACTS 11. 12. Complete the following for the wetland in question. a. Size of wetland (to nearest 112 acre) : 10+acres b. Check the dominant type of wetland present: open water marsh x wet meadow shrub swamp forested swamp bog or fen beaver influenced wetland other (explain): c. Name of all streams, rivers, lakes, and ponds adjacent to the wetland and approximate distance from proposed activity: The wetland flows into Muddy Brook more than 1000 feet east of the Property in question. IN Approximate the percentage of types in the area surrounding 20% forested _ 40% old field _ lawn _ commercial or industrial other (specify) each of the following cover the wetland: 20 agriculture open water 20 $ residential road Complete the following for the portion of the wetland and buffer zone in the area of proposed impact. a. Area of impact in wetland (sq ft) : 555sf. Area of impact in buffer zone (sq ft) : 8000sf. b. Check the type of wetland present (check all that apply): open water marsh x wet meadow shrub swamp forested swamp bog or fen beaver influenced wetland other (explain): c. Description of dominant vegetation: reed canary grass, tussock sedge, blue vervain, wooly bulrush, soft rush, sensitive fern, red osier dogwood, and rough goldenrod. d. Description of soils in the wetland and buffer zone (from Soil Conservation Service soil surveys or site investigations) : The soils in the wetland and buffer zone are mapped on the Chittenden Countv Soil Survev as Vergennes clav soils, 3 to 8 % slopes. These are poorly drained soils. Field work showed this mapping correct in the buffer zones, however the wetland soils are more likely Covington clay soils (dark A horizon, 2.5Y4/2 in the B horizon with mottles at 5 inches — 10 YR 5/8). - 3 - e. Check the characteristics of the wetland which apply: flooded most of the time x standing water during at least part of the growing season water impounded by beavers x soils are saturated during at least part of the growing season dry most of the year f . Description of the buffer zone: The buffer zone is an old pasture with brome and timothy grasses, Queen Anne's lace, and dandelions. 13. Describe in detail all work that is proposed within the wetland or buffer zone, including erosion control measures, referencing attached plans where appropriate. The 3 lots will be accessed from Hinesburg Road. The utilities will be brought from the southern end of Kendrick Road. Staked hay bales or a silt fence will be installed downslope from the edge of disturbance at the proposed wetland crossing for the driveway to access Lot #3. Erosion control measures will also be installed downslope of the utility line crossings. Either a silt fence or snow fence shall be installed on both sides of the utility corridor and both sides of the driveway in the buffer zone to prevent heavy equipment from entering these areas. Following final grading, all disturbed soils will be seeded with a conservation mix and mulched. 14. Before this section is completed it will be necessary to determine for which functions the wetland in question is significant. The functional criteria for evaluating a wetland's significance are described in Section 5 of the Vermont Wetland Rules. The Vermont Wetland Evaluation form is available through the Wetlands Office to help determine which functions may be significant. Demonstrate how the project as proposed will avoid any undue adverse impacts on each of the functions. Refer to plans and other attached documents as necessary. a. Water storage for flood water and storm runoff: Thewetland stores minimal water during floods and storm events due to the tonoffranhv. The only wetland impacts are from the installation of the buried utility line. The disturbed area will be restored to original grade. Therefore, there will be no impacts to the wetland's ability to store flood water and storm runoff. b. Surface and ground water protection: The wetland provides water quality treatment of the stormwater running off from the aericultural fields and backyards, prior to its discharge into MuddyBrook. As stated above, there will be no loss of wetland. The only impact will be dinging a trench, burying the utility lines, backfilling it to original grade. Immediately following final grading, all disturbed earth will be seeded with a conservation mix and mulched. Staked hay bales will be installed downslope from the proposed earthwork, to prevent sedimentation into the wetland. - 4 - c . Fisheries habitat: Muddy Brook is likely to provide warm water fisheries habitat. The wetland fingers in question do not provide any fisheries impact, since there is no stream associated with these portions of the wetland. Erosion controls will be installed prior to any earthwork to prevent sedimentation downslope. Therefore there will be no impacts to any fisheries habitat. d. Wildlife and migratory bird habitat: The wetland is likely to provide wildlife and migratory bird habitat for some species of wildlife found in wet meadows and that can tolerate human disturbance, such as red wing blackbirds. The potential habitat is limited by the large residential development to the north, the lack of vegetative screening between the wetland and the existing adjacent houses, and the lack of open water. The only wetland impacts from this Project will be from a buried utility line. After one growing season, the wetland will look like it does now. The houses have all been located outside of the wetland and buffer zones. Therefore, there will not be undue adverse impacts to the wildlife habitat. e. Hydrophytic vegetation habitat: The area of wetland impact is a disturbed wetland due to its agricultural history. The wetlands in question are wet meadows, previously used as pasture for cows. There are no rare plants or significant communities within this area. Therefore there will be no impacts to the hydrophytic vegetation function. f . Threatened and endangered species habitat: There are no known threatened or endangered species in this area. As stated above, the area has been very disturbed by past land uses. Therefore there will be no impacts to the threatened and endangered species function. g. Education and research in natural science: This wetland has not been used for education or research, however, nothing in this application will diminish the wetland's ability to perform this function in the future. Therefore there will be no adverse impacts to this function. h. Recreational value and economic benefit: There are minimal recreational values of the wetland in question. Neighboring children may play in the wetland occasionally. The economic benefits of the wetland would be the flood storage and water quality treatment, which is addressed above. Nothing is this proposal will effect any recreation values or economic benefits. i . Open space and aesthetics: This project has been designed to avoid wetland impacts, as discussed above. There will be no loss of Class Two wetlands. After the first growing season, there will be no visual impacts to the wetland areas from this project. The trench will be backfilled, seeded and mulched. The buffer zones in question are a former pasture, surrounded by many acres of similar landscape. Only 4110 square feet of buffer zone will be impacted by the construction of the driveway. Therefore, there will be no undue adverse impacts to the open space and aesthetic function of this wetland. - 5 - j. Erosion control through binding and stabilizing the soil: The portion of the wetlands that will will be impacted are not adiacent to any watercourses or waterbodies. Erosion control measures will be installed prior to earthwork as described above. Therefore, there will be no undue adverse impacts to the erosion control function. 15. Demonstrate by narrative and reference to plans that the following mitigation measures have been used to achieve no undue adverse impacts to the protected wetland functions. a. Can the proposed activity practicably be located on an upland portion of the site or on another site owned, controlled or available to satisfy the basic project purpose? (Explain). There are no practicable alternatives to bringing the utilities onto the property. The access road has been redesigned to come from Hinesburg Road instead of Kendrick Drive to avoid any permanent wetland impacts. The houses have been located to avoid all wetlands and buffer zones, even the Class Three wetlands. b. Demonstrate how all practicable measures been taken to avoid or minimize adverse impacts on protected functions, including project redesign or project scale back. Theproiect has been designed to minimize impacts to the wetland and buffer zone by locating the construction corridor to western portion of the right-of-way. The entire proiect has been designed at this time rather than lust designing for iust one house. In this way, the proiect has been laid out in the most efficient way to minimize wetland and buffer zone impacts. The Droiect has located all of the houses outside of the wetland and 50 foot buffer zone. c. For wetlands that have been disturbed, what steps will be taken to restore impacted functions (e.g. plantings, seeding, mulching exposed soil, removal of fill, etc.) Erosion control measures, including staked hav bale dams, silt fences, seeding and mulched as described above in more detail, will be installed prior to any earthwork. 16. Wetland compensation (creating replacement wetlands) is a measure to mitigate adverse impacts on protected functions that will only be possible in rare cases for specific functions (see Section 8.5c of the Vermont Wetland Rules). If a compensation plan is part of this proposal, demonstrate by narrative and reference to plans how the steps in Section 8.5c(1)-(7) will be met. There will not be any adverse impacts to any wetland functions so compensation is not proposed. DISTRIBUTION 17. Submit the original request for conditional use determination to the Wetlands Office, Division of Water Quality, 103 South Main Street, 10 North, 2nd Floor, Waterbury, VT 05671-0408. Notification of receipt will be sent to the applicant once a complete application has been received by the Wetlands Office. - 6 - 18. After receiving notification of completeness from the Wetlands Office, send a complete copy of the application to the Town Clerk and Regional Planning Commission. Also, send copies of the location map, a description of the specific action(s) for which conditional use determination is sought, the supporting narratives, and a listing of where complete copies of the request have been filed to: a. the municipal planning commission and/or conservation commission; and b. all persons owning property within or adjacent to the wetland or buffer zone (item 10. of the application). FEES 19. 3 V.S.A. S 2822(j) (26) FEES: Conditional Use Determination Minimum application fee $ 50.00 Plus Proposed wetland impact ( sq. ft. X $0.07 per sq. ft.) $ 38.85 Proposed buffer zone impact ( sq. ft. X $0.05 per sq. ft.) $ 400.00 Total fee enclosed $ 488.85 Note: If application is for the conversion of Class Two wetlands or wetland buffers to cropland, the maximum fee is $200.00. Please make check payable to: State of Vermont Send with complete application to: Department of Environmental Conservation 103 South Main Street Building 1ON - Wetlands Waterbury, VT 05671-0408 SIGNATURES 19. I hereby certify that the information provided above or attached to this application is true and accurate to the best of my knowledge. Signature of Applicant Date r'-glz', c7 Si ture of Applicant's Representative - 7 - (- I ?, Date Permit No: GP-58 Effective Date: 15 October 1997 Expiration Date: 15 October 2002 Applicant: General Public -State of Vermont Department of the Army General Permit State of Vermont The New England Division of the U.S. Army Corps of Engineers (Corps) hereby issues a general permit (GP) that expedites review of minimal impact work as defined by the Corps in navigable and inland waters and wetlands within the State of Vermont. GENERAL CRITERIA: Activities with minimal impacts, as specified by the terms and conditions of this GP and on the attached APPENDIX A: DEFINITION OF CATEGORIES, are either: Category A; eligible without screening, non -reporting to the Corps, or Category B; determination of eligibility made through interagency screening coordination by the Corps and Federal Resource Agencies (U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, National Marine Fisheries Service). The Corps individual permit review process and activities exempt from Corps jurisdiction are not affected by this GP. ACTIVITIES COVERED: Work and structures identified in the attached Appendix A, "Definition of Categories" sheets when such work is located in, or affects, navigable waters of the United States as regulated by the Corps under Section 10 of the Rivers and Harbors Act of 1899, and the discharge of dredged or fill material into waters of the United States, including wetlands as regulated by the Corps under Section 404 of the Clean Water Act. For clarification, the term "discharge of dredge or fill material' includes certain discharges resulting from excavation. (as per 33 CFR PART 323.2 (111) the term "discharge of dredged material" means any addition of dredged material into & including any redeposit of dredged material within the waters of the United States). PROCEDURES' (continued) Although Category A projects are non -reporting. the Corps will exercise its discretionary authority and require an individual permit review if there are concerns for the aquatic environment or any other factor of the public interest that may come to our attention. Refer to condition 4 on Discretionary Authority. The Corps has set the Category A threshold for inland waters and wetlands` , page 1 of Appendix A at 3,000 s.f. based on protection of valuable regional wetlands and the State of Vermont's ability to issue water quality certification for up to 3,000 s.f. of wetland impact. The Corps will review the 3,000 s.f. limit one year from the date this GP becomes effective to determine if the limit is appropriate. Category B Screening / Minimal Impacts Eligibility - Activities in Vermont which are: -Subject to Corps jurisdiction, -Meet the definition of Category B in Appendix A, Definition of Categories, and -Meet the conditions of this GP listed on pages 8-13 Require written approval from the Corps. These projects will be reviewed through interagency screening coordination to determine whether such activities may be authorized under this GP. The Corps and the Federal Resource Agencies and the VT DEC will comprise the interagency review team. The Corps will determine eligibility for projects with aquatic impacts between 3, 000 s.f. to 5, 000 s.f. All projects impacting over 5, 000 s.f. of water or wetland will be screened by the interagency review team to determine eligibility. To be eligible and subsequently authorized, an activity must result in minimal impacts to the aquatic environment as determined by the Corps based on comments from the review team in addition to meeting the criteria listed herein. Compensatory mitigation may be required to compensate for unavoidable impacts to render net effects of a project minimal. When necessary, the Corps shall contact the applicant to discuss concerns raised during screening. Note that review thresholds under Category B apply to single and complete projects only (see condition 5). There are also restrictions on national lands as well as conditions which must be met in order for projects to be eligible for authorization under this GP. Refer to conditions 6 through 11. ' excluding Lake Champlain, Lake Memphremagog, Wallace Pond, and adjacent and special wetlands as defined on Page 6 of Appendix A. page 4 reviewed by the Corps under the procedures of Category B of this GP. This condition applies to both designated Wild and Scenic rivers and rivers designated by Congress as Study Rivers for possible inclusion while such rivers are in an official study status. At this time, there are no rivers in Vermont listed as either designated or as study rivers. 10. Federal Navigation Project. Any structure or work that extends closer to the horizontal limits of any Corps navigation project than a distance of three times the project's authorized depth shall be subject to removal at the owner's expense prior to any future Corps dredging or the performance of periodic hydrographic surveys. 11. Navigation. There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein, and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. MINIMIZATION OF ENVIRONMENTAL IMPACTS: 12. Minimization. Discharges of dredged or fill material into waters of the United States shall be avoided and minimized to the nraxhnum extent practicable. 13. Work in Wetlands. Heavy equipment working in wetlands shall be avoided if possible. If such work is unavoidable, when site conditions are such that rutting, soil compaction, erosion or other disturbance would result, equipment shall be placed on mats or other measures taken (such as delay work until frozen or dry ground conditions exist) to minimize adverse effects to soil and vegetation. Disturbed areas in wetlands shall be restored to preconstruction contours and conditions upon completion of the work. In many cases the mats are considered a discharge of fill material and must be included in the quantification of impact area and authorized by this GP. 14. Temporary Fill. Temporary fill in waters and wetlands authorized by this GP (e.g. access roads, cofferdams) shall be properly stabilized during use to prevent erosion. In addition, temporary fill in navigable or inland waters of the U.S. should consist of a material that minimizes impacts to water quality (e.g. sandbags or clean, gravel and/or stone). Temporary fill in wetlands shall be placed on geotextile fabric which is laid on the existing wetland grade. Temporary fills shall be disposed of at an upland site and suitably contained to prevent erosion and / or transport to a waterway or wetland. All areas of temporary fill shall be restored to their original elevations. 15. Sedimentation and Erosion Control. Adequate sedimentation and erosion control management measures, practices and devices, such as phased construction, vegetated filter strips, geotextile silt fences or other page 10 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH GURU GTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 9, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: Miscellaneous Application #MS-04-01 Dear Mr. Anderson. - Enclosed, please find a copy of the Findings of Fact and Decision for Miscellaneous Application #MS-04-01. Sincerely, L Betsy McDonough Administrative Assistant Encl. 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: Brian Robertson, Associate Planner DATE: June 23, 2004 RE: Mike Anderson - Miscellaneous Application #MS-04-01 Agenda #8 Mike Anderson, hereafter referred to as the applicant, is requesting approval to construct a single-family residence in a Southeast Quadrant "restricted area" on a lot that was in existence on June 22, 1992, 1600 Hinesburg Road. The Development Review Board held a public meeting on June 15, 2004 (minutes attached), but continued it to July 6, 2004, so that the applicant's wetland consultant could be on -hand to address wetland issues for the proposed project. This application shall be reviewed under Section 9.06(C) of the Land Development Regulations. The Development Review Board, taking into consideration the standards set forth below, may approve construction of one single-family residence in the restricted area on a lot that was in existence on June 22, 1992 if such lot is: (a) Located entirely within a restricted area; or The subject property is not located entirely within a restricted area. (b) Located substantially within a restricted with an insufficient portion of the lot located in the development area to accommodate construction and use of a single-family residence. The majority of the subject property is identified as a restricted area on the Official Southeast Quadrant Zoning Map. There are two areas of the property that are identified as development areas on the Official Southeast Quadrant Zoning Map. One is the entire easterly portion of the subject property and the other is a small pocket along the northerly property boundary, directly south of the right-of-way off of Kendrick Drive. Both of these development areas pose problems for the development of a single-family dwelling. The large development area that comprises the easterly portion of the property is also identified as a woodland/wildlife habitat on the Official Southeast Quadrant Zoning Map. This area, if preserved as open space, would contribute to an open space corridor running southwest from the Muddy Brook. Thus, this portion of the subject property is not an ideal location for the development of a single-family dwelling. The small development area along the northerly property boundary is actually consumed by a Class II wetland and therefore is not appropriate for the construction and use of a single-family dwelling. The proposed location of the single-family dwelling is in a restricted area. This area has been identified as restricted due to the wetlands on the subject property. The applicant has had a wetland professional, Cathy O'Brien, delineate the wetlands on the subject property. Her findings were that the actual wetlands boundaries were not consistent with the boundary of the restricted area, as depicted on the Official Southeast Quadrant Zoning Map. The footprint of the proposed dwelling is outside of the delineated wetlands and their associated 50' buffers. The proposed access drive extends off of Hinesburg Road and will encroach into a Class II wetland buffer and a Class III wetland buffer. The encroachment into the Class II wetland buffer will require a Conditional Use Determination (CUD) from the State of Vermont. The South Burlington Natural Resources Committee (NRC) has endorsed the location of the proposed single-family dwelling and the proposed access drive. Staff supports the location of the proposed single-family dwelling. The footprint of the dwelling will not encroach into any wetlands on the subject property and will avoid disturbing the woodland/wildlife habitat area that could contribute to a larger open space corridor extending from the Muddy Brook. However, staff does not support the proposed access drive off of Hinesburg Road. Staff suggests that the proposed access drive extend off of Kendrick Drive, through the right-of-way that was established to access the properties to the south of the Old Stonehouse Village development. 1. The plans shall be revised to depict the proposed access drive extending off of Kendrick Drive, through the right-of-way that was established to access the properties to the south of the Old Stonehouse Village development, prior issuance of a zoning permit. Staff notes that the location of the proposed single-family dwelling is incorporated into the applicant's sketch plan for the property, in which the applicant is requesting approval to subdivide the property into three lots and construct three single-family dwellings. DEVELOPMENT REVIEW BOARD 15 JUNE 2004 Twin Oaks parking over the years. With regard to the noise issues, the city can require a noise study during the time neighbors say the noise is excessive. He felt that these are post -graduation parties, and the city needs to address this. Mr. Kupferman asked about the Farrell/Eastwood problem. Mr. Farrell said that on 21 June there will be an experimental traffic change. He wasn't sure exactly what it will involve. Mr. Barritt noted that the new speed bumps on Hadley and other streets are having a positive result as are new plantings. One neighbor noted that with all the lights on in the development, he can read a book in his yard at 1 a.m. There is a question as to whether the Board can control that. Members then considered whether or not to build the parking lot. Mr. Belair noted that if they don't build it now and want it later, they would have to come back to the Board with a plan. Mr. Farrell suggested approving the lot with changes. Then before it is built, he would submit an analysis of the needs/supply. Mr. Farrell suggested keeping the berm to the north face of the building. If they start the berm at 65 ft., they would lose 6 more parking spaces. Mr. Robertson noted that would be a 5.4% waiver. Members were reluctant to approve the plan without a plan showing all the changes. They agreed to have a review on Thursday at 5:45 p.m. and make a decision after they have seen the new plan. Ms. Quimby moved to continue Final Plat application #SD-04-36 until 17 June at 5:45 p.m. Mr. Bolton seconded. Motion passed unanimously. 6. Miscellaneous application #MS -04-01 of Mike Anderson to construct a single family dwelling within a restricted area, 1600 Hinesburg Road: The applicant noted that the wetland has been delineated and the house does not intrude. He emphasized that they are just asking for approval for this house in this application. Mr. Belair said there is an issue with access and house location. The applicant has shown there will be no wetland where the house will be built. The applicant indicated they prefer the Hinesburg Rd. Access and noted that Kendrick Drive DEVELOPMENT REVIEW BOARD 15 JUNE 2004 crosses 2 wetlands. Mr. Belair said staff favors Kendrick Drive as an access. He stressed that Kendrick was created for this purpose and the city doesn't want more curb cuts on Hinesburg Road. It was noted that as a private road, Kendrick can support only one more house. Mr. Bowen, President of the Stonehouse Homeowners' Assn. Endorsed th eproject subject to restrictions in their letter to Mr. Belair. Mr. Simons, secretary of the Association, said he felt they shouldn't make Kendrick a public road. They want to preserve the wetland. He noted the Natural Resources Committee preferred a Hinesburg Rd. access. Mr. McClellan noted that Mike Adams of the Corpos of Engineers doesn't want Kendrick Drive to be used. Mr. Kupferman reiterated that the Board does not want to put new curb cuts on major roads. Mr. Veve, an adjacent land owner, noted that the Class 2 wetland has running water and a road on Kendrick would impact the life that is there. He said this is a true woodland corridor. The road would dam up the water and eventually tarnish a beautiful section of the city. Mr. Belair noted that the Natural Resources Committee is an advisory committee only and cannot approve or deny anything. He summed up the issue as: an additional curb cut on Hinesburg Road vs. additional impact on the wetland. Mr. McClellan emphasized that the road from Hinesburg Rd. to the house would always be private. Mr. Kupferman suggested continuing the hearing and discussing the second part of this issue (the next item). Ms. Quimby moved to continue MS-04-01 until 20 July. Mr. Bolton seconded. Motion passed unanimously. 7. Continued sketch plan application SD-04-06 of Mike Anderson for a planned unit development consisting of: 1) subdividing a 14.2 acre parcel into four lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (lot #3), and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three lots of 1.7 acres (lot #1), 1.3 acres (lot #2) and 1.5 acres (lot 43) for a total of three dwelling units, 1600 Hinesburg Road: This is the same property as the previous application. Lot #1 is 11.7 acres. The plan would be to extend the private road to serve 2 more lots. Two of the houses would be in the restricted zone, but they are much lower than the road, so they would not be visible. The homes would all be single family, and the Association would maintain the road. All the m 1p� IOIIIIIIIIII'lll, ll_ill, illlll. Raw - IC//; I�� Ell— R/r OW StalYrauw A iotbn Notes 1. Ow of Rprn Yka Ands i1B M9d6oeer Cide lilt w_. K OW5 2 AMR—t. Mke Andersen 116 MdR -r Cicls M -' 9I 05495 1 P el ebs M5 — t Zoned south -et t7uodront (SE0) 1 � 00B 01600 L 6. D"t, Method I 14.5 —w x 1.2 units/ - 17 units Wthod 2 Its oaw — 9.6 crass (R-s .d arum) r 4 unite/ - 1B wft J. Pro}ct Osepptbn: Conebuetbn W aw sMple !only homy UtlR e# M -rt-h w from e=1 fi� .— M pd Stonahoms SvbdNMon. a Lot A may w A~ subaf~ M 6 9 t— k Pere w Property lip Mpxnptlon t— ham p- -tlthM 'Rapp-d AddMsbn of Pr Party Betmglnp to b. Pad R. Finch' by Po w CmWmy, UM. yloetmber 6. 1979. 10. E.W v PoWures by Button Pft Mnd L— Stuwlws, 20 — A- Ste 20.1N, Sa dMMgtm, W. Noy 2004. I1. R-WRW ereae — future eaewnenb toi— born atone of d City of S-. BudMytm mgpMg 12. WeBoW dd tkn by Ca My ODden. 11 Laywt m d —te by — a ' pR t. Legend P-p—d ERb9Rtg �,y Easam-t l.Ms n60and LM t llseWctM Ara- — Mb9and BuNr --Bnls-- BuildMy sefbade ---[mwepr� Contour ------ -__---_ Ilse tlne Utility Pd. 0 Rsetrkied—Op- $on t.,�,., .--t i,a �-..—. Restrictions as taken from SEQ Official Map LLEWELLYN - HOWLEY I MCORPORATED En9;aoedng Pemnaa9 ce•sun,ue serdcen 20 Nlmhal Avn Yte. 202N F towl65&- 1ou4b Bur, ngtun T (ea2) GS8-21 0 uermo�t .+u� ilawdnnr?.d.com 1 I I� 1 1 RFc Fib Ci o-o fso ,1 Qv��n9fo u0i6uiung •oS jo ,(3i24 ' - C "9f a3AI303�J — ANDERSON PROPERTY P.Jb 3 d .....i. ,.... —p u Single Family Home - Site Plan b.", 99-b W] l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date- June 23, 2004 \drb\sub\a nderson\.sketch_revised.doc Plans received: May 28, 2004 MIKE ANDERSON — 3- LOT SUBDIVISION SKETCH PLAN APPLICATION #SD-04-06 Agenda #7 Meeting Date: July 6, 2004 Owner/Applicant Mike Anderson 118 Wildflower Circle Williston, VT 05495 Engineer Property Information Llewellyn -Howley, Inc. Tax Parcel 0860-01600-L 20 Kimball Avenue 14.2 acres S. Burlington, VT 05403 SEQ Zoning District-, Zone C of Dorset Park Scenic View Protection Overlay District Location Map u, Y l .f ti.* 4f b r t . x r f rX ' i CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc Mike Anderson, hereafter referred to as the applicant, is requesting sketch plan review for a planned unit development consisting of: 1) subdividing a 14.2 acre parcel into four (4) lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (lot #3), and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three (3) lots of 11.7 acres (lot #1), 1.3 acres (lot #2), and 1.5 acres (lot #3) for a total of three (3) dwelling units, 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The Development Review Board last reviewed plans for the subject property at its meeting on March 16, 2004 (minutes attached). The Development Review Board held a public hearing for the proposed project on June 15, 2004 (minutes attached), but continued it until July 6, 2004, so that the applicant's wetland consultant could be on -hand to address wetland issues for the proposed project. The applicant is proposing to construct one (1) single-family dwelling on each of the proposed lots. All three (3) of the proposed buildings are located in a "restricted area", as identified on the Official SEQ Zoning Map. Since the June 151h, 2004 meeting, the applicant has submitted a letter from the Vermont Water Quality Division's April Moulaert (attached). She stated that the Wetland Section of the Water Quality Division would prefer to see the project accessed form Hinesburg Road, in order to avoid wetland impacts. However, she stated that if there are legitimate safety concerns associated with the Hinesburg Road access, they would reconsider their decision. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on May 28, 2004 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed Min. Lot Size 12,000 SF 1.5 acres Max Density 17 units 3 units ♦ Max. Building Coverage 15% n/s ♦ Max. Overall Coverage 30% n/s ♦ Min. Front Setback 20 ft. n/s ♦ Min. Side Setback 10 ft. n/s ♦ Min. Rear Setback 30 ft. n/s zoning compliance ♦ additional information needed Detailed information regarding the setbacks and coverages of the proposed project were not provided at the sketch plan stage. They should, however, be provided with the next plat plan application. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\anderson\sketch revised.doc 1. The applicant should submit detailed information on the proposed building coverage, overall coverage, and setbacks of the proposed project with the next plat plan submittal. SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions.. Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. 2. The City of South Burlington Water Department shall review the plans for the subject project, prior to preliminary plat approval. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 3. The plans should be revised to show the location of all proposed sewer lines, prior to submittal of the preliminary plat plans. 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. 4. 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the proposed lots is proposed via a private roadway off of Hinesburg Road. Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may be served via a private roadway. However, pursuant to Section 15.12(E) of the Land Development Regulations, this roadway should be constructed to a minimum width of 20'. The proposed roadway will be predominantly located within a designated "restricted" area. Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of access driveways, roads, and appurtenant improvements to serve approved development or uses shall be allowed in the "restricted" areas. However, staff suggests that the plans be revised to show the road extending off of Kendrick Drive, rather than Hinesburg Road. 5. The plans should be revised to depict the proposed roadway extending off of Kendrick Drive, rather than Hinesburg Road, prior to submittal of the preliminary plat plans. Circulation and traffic management are not issues with the proposed project. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc 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 plans that the applicant submitted depict the wetlands and the wetland buffers on the subject property. These were delineated by Cathy O'Brien. All three (3) of the proposed buildings are located outside of the delineated wetlands and their associated buffers. However, the proposed private roadway will encroach into the buffers of one (1) Class 11 wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions: a. prohibit application of pesticides/herbicides in wetlands and their buffers; b. prohibit removal of wetland vegetation; c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging once per year; d. preserve the three (3) Maple trees in the northwesterly portion of the property. In addition, the applicant is proposing to extend the utility lines serving the proposed lots through the Class II wetland and its buffer along the northerly property line. This will require a CUD from the State Vermont's Water Quality division. 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. The proposed project seems to be visually compatible with the planned development patterns in the SEQ. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. In addition, wetland impacts on the subject property have been minimized. 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. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. This is an important corridor, as it has been identified as containing wetlands and woodland/wildlife habitat. 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. 6. The South Burlington Fire Chief should review the plans for the proposed subdivision. 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 reviewed the sketch plans for the proposed project at its meeting on June 7, 2004. Their comments are provided in a letter dated June 8, 2004 (attached). Staff has already suggested that the roadway be revised to extend off of Kendrick Drive, rather than Hinesburg Road. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\anderson\sketch revised.doc 7. The applicant should comply with the requests of the Recreation Path Committee, as outlined in their letter dated June 8, 2004, prior to submittal of the preliminary plat plans. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004, 2004. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. The City Engineer should review the plans for the proposed project. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the SEQ, as outlined in the Comprehensive Plan. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1.5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. Staff feels the three (3) proposed lots meet the goals of this requirement. However, staff suggests that property boundary for Lot #3 be revised with straight lot lines. In addition, it may be beneficial to use the private roadway boundary as the lot lines separating Lot #1 from Lot #2. According to Section 9.06(A) of the Land Development Regulations, land located within a designated "restricted" area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted" area, the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. SEQ Restricted Areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section 9.08(B) of the Land Development Regulations, the DRB may approve development activities to occur within the "restricted" areas or allow lots or portions of lots to be located within the "restricted" areas, provided that they find such development activities are consistent with the purpose of the SEQ. The applicant is proposing three (3) single-family dwellings in the "restricted" area. Two (2) of these are located in a "restricted" area that was designated to protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates that the location of the proposed dwelling units do not encroach into any wetlands or their buffers (see attached wetland delineation map). Thus, staff and the NRC are comfortable with the location of these dwelling units. One (1) of the CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc dwelling units is proposed in a "restricted" area that was designated as a view protection zone. The location of the proposed dwelling unit is at the bottom of a steep slope grading down from Hinesburg Road. Thus, the proposed dwelling unit should not obstruct any scenic views from Hinesburg Road. The applicant should be prepared to defend the location of this proposed dwelling unit at the meeting. 10. Staff recommends that the DRB approve the location of the three (3) proposed single-family dwelling units. Other All of the additional standards outlined in Section 15.18(B) of the Land Development Regulations are being met through the proposed project. 11. The applicant should submit a report, with the preliminary plat application, addressing the planned unit development criteria in Section 15.18 of the Land Development Regulations. 12. The preliminary plat submittal should include a property boundary survey prepared by a licensed land surveyor. Staff recommends that the applicant address the numbered items in the "Comments Section" of this document and include the changes in the preliminary plat application. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Mike Anderson, applicant DEVELOPMENT REVIEW BOARD 16 MARCH 2O04 said underground parking is cost prohibitive. Mr. Bresee suggested building part of the lot and only paving more spaces if needed. Mr. Dinklage suggested an easement to the adjacent property which is also owned by the applicant. Mr. Bouchard said they will try to do that. Mr. Dinklage asked the applicant to work with staff on interior landscaping in parking areas. Members were OK with combining preliminary and final plats, noting this is at the applicant's risk. 8. Sketch Plan Application #SD-04-12 of Pizzagalli Properties, LLC, for a planned unit development consisting of subdividing a 73.49 acre parcel into five lots of 4.0 acres (Lot #1), 32.11 acres (Lot #2), 7.88 acres (Lot #3), 14.6 acres (Lot #4) and 14.9 acres (Lot #5), Tilley Drive: Mr. Dinklage noted the possibility of an Interstate off -ramp and asked the applicant to show where it could be. Mr. Belair said Tilley Drive would be extended if that ramp were to be built. Mr. Bouchard said they can't go any farther to the east because of archeological considerations. Mr. Belair said connection to Tilley Drive is on the official city map. Staff is asking for an 80 ft. right-of-way and is willing to get 20 ft. off the existing Tilley Drive when they come in for an approval. Mr. Bouchard said they have met with the state wetlands people, the Army Corps of Engineers and others and they are all OK with the layout with respect to wetlands. Mr. Robertson said the Natural Resources Committee has seen the plan and is OK with "pockets" of development. Mr. Dinklage stressed the need to address wetlands issues and to be in sync with all requirements. He also said the Board will need to understand the limitations to anything the applicant wants to do on any of the lots. �9. Sketch Plat Application #SD-04-06 of Mike Anderson for a planned unit development consisting of: 1) subdividing a 14.2 acre parcel into four lots of 2.3 acres (Lot #1), 2.3 acres (Lot #2), 3.4 acres (Lot #3) and 6.2 acres (Lot #4) and 2) developing these lots with 17 dwelling units, 1600 Hinesburg Road: Mr. McClellan said this would be the last "infill" project in this direction. There will be an extension of a private road that now serves 3 homes. The road will become a city street through to the cul de sac. There will be no new curb cuts on Hinesburg Rd. Mr. Dinklage asked about woodland, wildlife habitat, etc. Mr. McClellan gave members a handout on this. He showed a chart of the developable area, woodlands, and wetlands. The woodland will not be disturbed. They are also suggesting putting in a restrictive line -4- DEVELOPMENT REVIEW BOARD 16 MARCH 2O04 to allow houses at the bottom of the bank which cannot be seen from Hinesburg Rd. and can't block the view of Camel's Hump. Mr. McClellan also thought there is less wetland than shown which would allow more development. Mr. Belair noted that the Board can allow development in a restricted area. Mr. Dinklage asked the applicant to work with staff on this. Mr. McClellan said they will also hire Cathy O'Brien to assist with wetland delineation. Mr. Kupferman had an issue with an 18 ft. drive serving 4 homes and felt there might be concerns from the Fire Department as well. Mr. Dinklage suggested a second sketch plan before the applicant spends money on engineering. Mr. Belair said he would like the least amount of development in the wooded area. Mr. McClellan agreed to that. Mr. Dinklage noted that other development in the area has had a problem with stray electricity affecting the adjacent farmer's cows and pets and asked the applicant to be aware of this. Mr. Bresee asked the applicant to work with the Rec Path Committee regarding rec path placement. Mr. Kupferman expressed a concern regarding traffic. Mr. Belair said the Board can require a traffic study. Mr. Boucher then moved to continue the sketch plan until 15 June 2004. Ms. Quimby seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:15 p.m. Clerk Date -5- DEVELOPMENT REVIEW BOARD 15 JUNE 2004 crosses 2 wetlands. Mr. Belair said staff favors Kendrick Drive as an access. He stressed that Kendrick was created for this purpose and the city doesn't want more curb cuts on Hinesburg Road. It was noted that as a private road, Kendrick can support only one more house. Mr. Bowen, President of the Stonehouse Homeowners' Assn. Endorsed th eproject subject to restrictions in their letter to Mr. Belair. Mr. Simons, secretary of the Association, said he felt they shouldn't make Kendrick a public road. They want to preserve the wetland. He noted the Natural Resources Committee preferred a Hinesburg Rd. access. Mr. McClellan noted that Mike Adams of the Corpos of Engineers doesn't want Kendrick Drive to be used. Mr. Kupferman reiterated that the Board does not want to put new curb cuts on major roads. Mr. Veve, an adjacent land owner, noted that the Class 2 wetland has running water and a road on Kendrick would impact the life that is there. He said this is a true woodland corridor. The road would dam up the water and eventually tarnish a beautiful section of the city. Mr. Belair noted that the Natural Resources Committee is an advisory committee only and cannot approve or deny anything. He summed up the issue as: an additional curb cut on Hinesburg Road vs. additional impact on the wetland. Mr. McClellan emphasized that the road from Hinesburg Rd. to the house would always be private. Mr. Kupferman suggested continuing the hearing and discussing the second part of this issue (the next item). Ms. Quimby moved to continue MS-04-01 until 20 July. Mr. Bolton seconded. Motion passed unanimously. 7. Continued sketch plan application SD-04-06 of Mike Anderson for a planned unit evelopment consisting of: 1) subdividing a 14.2 acre parcel into four lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (lot #3), and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three lots of 1.7 acres (lot #1), 1.3 acres (lot #2) and 1.5 acres (lot #3) for a total of three dwelling units, 1600 Hinesburg Road: This is the same property as the previous application. Lot #1 is 11.7 acres. The plan would be to extend the private road to serve 2 more lots. Two of the houses would be in the restricted zone, but they are much lower than the road, so they would not be visible. The homes would all be single family, and the Association would maintain the road. All the DEVELOPMENT REVIEW BOARD 15 3UNE 2004 wetlands and buffers would stay on Lot #1. Mr. Boucher said he would like to an access to the south to access a future development. Mr. McClellan said they could do that. Mr. Anderson said he has been told the owner will sell the development right to that property and a granddaughter will use it as a horse farm. Mr. Boucher suggested invoking technical review to get an opinion on the impact of crossing the wetlands. He stressed the need for interconnected neighborhoods. A resident of the area said that if Kendrick becomes a conduit, they would back to the Board for traffic calming. He didn't feel a connection will make sense there. Ms. Kupersmith suggested continuing to 20 July to hear from Kathy O'Brien on the wetland. Mr. Kupferman moved to continue SD-04-06 until 20 July. Ms. Quimby seconded. Motion passed unanimously. 8. Site Plan application #SP-04-19 of Mike Hopwood to amend a previously approved site plan for a 6,000 sq. ft. building used for auto sales, service and repair. The amendment consists of a site modification for outdoor storage of vehicles under repair, 63 Ethan Allen Drive: Mr. Howley said Mr. Hopwood is owner of the property. Mr. Hopwood explained that a few months ago he got administrative approval for the project. This will be a Range Rover repair business now located in Williston. He showed photos of it with 3 autos parked in front. The administrative approval had 2 rows of arb vitae and a fenced grillwork to hide stored vehicles. They were told that putting in arba vitae in a wetland buffer is not OK and they had to take it out. They did put in a row of arba vitae close to the pavement. Mr. Hopwood is also reluctant about a fence for screening because of the cost. They are requesting a single row of vegetation and no fence. Mr. Belair was concerned with the condition of the cars being seen from the road. Mr. Hopwood said the vehicles may be there several months and will be moved around the lot. Fencing could get in the way of that. Mr. Belair reminded members that this approval is for a generic auto repair business, not just this one. The Board would have no control if the business were to change to different auto repair business. Mr. Boucher said he was OK with fewer arba vitae. CITY OF SOUTH BURLINGTON DEPAXTMENT OF PLAP4NIING & ZONING 575 DORSET STREET SOUTH BliRLI GTON, VERMONT 05403 (802) 846-4106 FAX' (802) 846-4101 July 2, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: 1600 Hinesburg Road Dear Mr. Anderson: 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, July 6, 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. •t.• EII-0: Rees ���� �_■ OEM Notes Ila A e— IIlldBW Nilbtan. VI 05495 2. Appa-t: AM. Ambaa� Ila N9dflor-- Clyd. IMbtan, VI 05.95 I. 2aa.a Soabwaet p t (SEO) a Paroel: i0880 01800 L 6.0.0, Wad 1 14.5 — x 1.2 onlb/ - 17 uNl. it.aW 2 145 aara. - 9.8 acre (R.ehtat d woos) x I -lb/ 18 untte ]. Roppt 0sswb8arr: J slide bniy hams wr 3 bb wtth aapY Run RMsbwy Road UNION " b..st.ndW barn exbtho facl8lu h Old StmrhwN SWOMsbn. & Lot iff may 1Ar i .AatNOW In 6N Eut- A. to tlw e.etarrr Parton o/ as papsty b proibrnatic of ab 4na a PWm.trr pnv-ty Ib. bkmw fain Rare pm r-tlWd Trapo.W SubdMW.xn a pmp.rty B.Iwpbo to 6. Paul N. FrsV ' by Pdmw Ca ,, Ltd, Rownb.r 6. 1979. la Ewtth9 baton. by Bunon Pro/hwbnd Land Surwlor., ZO RhVbdl A- .1. 2a➢I, So. axlhgfarA V . Wy T101O01... ll. R-hktW — and fut- eawm.nt. taken Ram scans of onklal city of Soon fi r b9tan -ppkp. 11 ftd-I dWlo.otbn by Cony 011xbn. 13. Layout as a t.d by — w applicant 082b_ .��--�..r•- Legend Proposed Exbow property Lin. Eao-nmt Line -. ._.. __ ._.. -. _ _----------- _._._._ R.tlmd Ling 11Ytlan0 Ba//--M1e.-- BuWb9 S.tback �n1rr.� Centaur lies Lee rW'YV'YV'YWv Utnty pd. R( '-tW-01-r spec. I ORPSRPtttnt�- / "\ ffi Rabbbb�wli / Restrictions as taken from SEQ Official Map LLEWELLYN • HOWLEY INCORPORATED En9inamn9 PemenVng ConnVAnrg SeMcea SO RlMhull Ava SM. 302N i 1003) BSB-2882 Soaaeadinulo„ r 1eb21 asaalaa vnrmana aa.aa nn�..enaaaa.ahm 0k50. — ANDERSON PROPERTY — aaulhwenuw Sketch Plan w.r.ap 9.pN1] b.r: Innzw beve Uyl lLli 9n•i•P fdWRNta liss6 1 0 1_ _ C © / Notes Legend I. 0— f R—t AN. Mdr..n P-P—" RROIey via iree—ow % g • 2 APPM-t Al" A-W- E t Lr.I---------•-------------- 118 IRdit~ cbd. W p d l.nR 3 re=a R..k.s tte A 11.10. Z..* S-M..e ama�i (5Eo) &Akft� sw..k ----- 5, P. Paso mero L va IooG A000a "°°' DN Lb. rwww„r, ,,,-r,VvrwY, ` 145 as.. = Is WwWi— - Iy rdr IAaRr Par e 1 -!� j / \ A.rd era of .b..l f/wb�aar .n.- 9.8 .v.. (R..blat.d J = . M./b— - to .*. Z P PJW owwbeae sbr* Imr r hm / j / 2D' Fn.wnwrt a Pabn.lo P+.►.rly W. bk..U. and -WV t.vnvalw Ad- A- Adm .r~ 'PrRw.d sadlwim I =y edare.W 1. Or. Pbd K. Prar.b by A*- CargmR LW N....rbi, a IRK EW." 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DaneMy. 14I 14.5 aa•s x 7.2 I] anMs Wtbad 2 4 18 aam - (Reeb cted anal) + - units/aoe � I8 unite 1 ]. Prollot DMIVU- Site bnly na.n 1 Assumed .nd of —x q .hear a painetr Property ele Nhxnaaon and W.Ow tea by token ban om mMtl 'Pr,p d SLDdlN of Pf pwty V.WVNq to Or. Pad K. R"W by Pabner 1 Canrpmp Ltd.. Non•rW« S. l9n. D. E+ f" / t— take• ban a«a pllofa~,, fa Raab - —and — emenerb -- bom some 8ealn proposed 15' •de grand drt y of oMNd Lily d S m tlalilDtm m ,kp • tI-nt ( ddNeaf/on by t,,my o'brtm / I1. Loyaut as dbeated by o«I« a aWk-t. / 60 ROM ban So &elNgfm Ol6dal Maps to W nbeafad 1 / / NVF Od Stm kc— Aseedsflm i \ 1 I `i Prmaeed 15' }MM !✓rw dn..wy HaP•••• is•s8/•- - �_ i I_ ----- - ----- it I — _ X i ......... ::- / / t Ii ij - _ _` I .fir• I .. A Legend P,W-ty Llna Eaaanent Llr• _. _. _.___._ __.__._.__�._ WetbM LNIM Reebicted Me® — Weamdfl~ --•—�- 8uMB1q Sef6aci �- ConMrrr T LNe /`rWWnVY� r�'YVNWVY\ Vt•Ky Pale P �• GRAPHIC SCALE LLEWELLYN - HOWLEY ANDERSON PROPERTY -- •"""` '�"°" E•-0I•~ b a m m ,m iA• INCORPORATED br O,N:�Oi •sell •arliween --- Ilelwt h•Wi•w PnrmNbnq toanlilrg Sarvhas _- -. ___ _- slew" SIX / sib a eM a1•b •rebi.l• sY sellers •Sgyes t - _ -.. Erpinearng �"A • erYr+l el•AI• p/lyM 839 Oak Hill Road Williston, Vemanl 05495 1a X-11 A- Stn. 202N P (m) 666 - Aar 111.•_ Sketch Plan Ia•eilc mawa,as IlOtrf6 1 inch = 60 k. seam badNataa > Isugl essalDo (802) 878-6022 v«mom osaw ue,.<nln..gael.awn pne t a t G•ee•IY• Sue�n�r�.�r.w•.w.ria+r•r -_. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: June 7, 2004 \drb\sub\anderson\sketch_revised.doc Plans received: May 28, 2004 MIKE ANDERSON — 3- LOT SUBDIVISION SKETCH PLAN APPLICATION #SD-04-06 Agenda #7 Meeting Date: June 15, 2004 Owner/Applicant Mike Anderson 118 Wildflower Circle Williston, VT 05495 Engineer Property Information Llewellyn -Howley, Inc. Tax Parcel 0860-01600-L 20 Kimball Avenue 14.2 acres S. Burlington, VT 05403 SEQ Zoning District; Zone C of Dorset Park Scenic View Protection Overlay District Location Map �q 44 Rti u r t a .,-q 4 �r �,•' ... Y CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc Mike Anderson, hereafter referred to as the applicant, is requesting sketch plan review for a planned unit development consisting of: 1) subdividing a 14.2 acre parcel into four (4) lots of 2.3 acres (lot #1), 2.3 acres (lot #2), 3.4 acres (lot #3), and 6.2 acres (lot #4), and 2) developing these lots with 17 dwelling units. The sketch plan has been revised to subdivide the 14.5 acre parcel into three (3) lots of 1.7 acres (lot #1), 1.3 acres (lot #2), and 1.5 acres (lot #3) for a total of three (3) dwelling units, 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The Development Review Board last reviewed plans for the subject property at its meeting on March 16, 2004 (minutes attached). The applicant is proposing to construct one (1) single-family dwelling on each of the proposed lots. All three (3) of the proposed buildings are located in a "restricted area", as identified on the Official SEQ Zoning Map. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on May 28, 2004 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements SEQ Zoning District Required Proposed Min. Lot Size 12,000 SF 1.5 acres Max Density 17 units 3 units ♦ Max. Building Coverage 15% n/a ♦ Max. Overall Coverage 30% n/a ♦ Min. Front Setback 20 ft. n/a ♦ Min. Side Setback 10 ft. n/a n/a ♦ Min. Rear Setback 30 ft. n/a zoning compliance ♦ additional information needed SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sublanderson\sketch revised.doc 1. The City of South Burlington Water Department shall review the plans for the subject project, prior to preliminary plat approval. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 2. The plans should be revised to show the location of all proposed sewer lines, prior to submittal of the preliminary plat plans. 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. 3_ 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access to the proposed lots is proposed via a private roadway off of Hinesburg Road. Pursuant to Section 15.12(D) of the Land Development Regulations, the three (3) lots may be served via a private roadway. However, pursuant to Section 15.12(E) of the Land Development Regulations, this roadway should be constructed to a minimum width of 20'. The proposed roadway will be predominantly located within a designated "restricted" area. Pursuant to Section 9.06(B) of the Land Development Regulations, the construction of access driveways, roads, and appurtenant improvements to serve approved development or uses shall be allowed in the "restricted" areas. Staff suggests that the plans be revised to show the road extending off of Kendrick Drive, rather than Hinesburg Road, 4. The plans should be revised to depict the proposed roadway extending off of Kendrick Drive, rather than Hinesburg Road, prior to submittal of the preliminary plat plans. Circulation and traffic management are not issues with the proposed project. 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 plans that the applicant submitted depict the wetland and the wetland buffer on the subject property. These were delineated by Cathy O'Brien. All three (3) of the proposed buildings are located outside of the delineated wetlands and their associated buffers. However, the proposed private roadway will encroach into the buffers of one (1) Class II wetland and two (2) Class III wetlands, and will encroach into a Class III wetland. The Natural Resource Committee reviewed and approved the proposed project on June 3, 2004, with the following recommended conditions.. a. prohibit application of pesticides/herbicides in wetlands and their buffers,- b. prohibit removal of wetland vegetation; c. prohibit mowing in the wetland and their buffers, with the exception of brush hogging once per year; d. preserve the three (3) Maple trees in the northwesterly portion of the property. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc In addition, the applicant is proposing to extend the utility lines serving the proposed lots through the Class II wetland and its buffer along the northerly property line. This will require a CUD from the State Vermont's Water Quality division. 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. The proposed project seems to be visually compatible with the planned development patterns in the SEQ. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. In addition, wetland impacts on the subject property have been minimized. 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. The proposed project layout will preserve the open character of the subject property and will preserve the easterly portion of the property, which contribute to an open space corridor running southwest from the Muddy Brook. This is an important corridor, as it has been identified as containing wetlands and woodland/wildlife habitat. 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. 5. The South Burlington Fire Chief should review the plans for the proposed subdivision. 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 reviewed the sketch plans for the proposed project at its meeting on June 7, 2004. Their comments are provided in a letter dated June 8, 2004 (attached). Staff has already suggested that the roadway be revised to extend off of Kendrick Drive, rather than Hinesburg Road. 6. The applicant should comply with the requests of the Recreation Path Committee, as outlined in their letter dated June 8, 2004, prior to submittal of the preliminary plat plans. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on June 7, 2004, 2004. 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. The City Engineer should review the plans for the proposed project CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The proposed project is consistent with the goals and objectives of the SEQ, as outlined in the Comprehensive Plan. Lot Layout. According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. Staff feels the three (3) proposed lots meet the goals of this requirement. However, staff suggests that property boundary for Lot #3 be revised with straight lot lines. In addition, it may be beneficial to use the private roadway boundary as the lot lines separating Lot #1 from Lot #2. According to Section 9.06(A) of the Land Development Regulations, land located within a designated "restricted" area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted" area, the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. SEQ Restricted Areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. Pursuant to Section 9.08(B) of the Land Development Regulations, the DRB may approve development activities to occur within the "restricted" areas or allow lots or portions of lots to be located within the "restricted" areas, provided that they find such development activities are consistent with the purpose of the SEQ. The applicant is proposing three (3) single-family dwellings in the "restricted" area. Two (2) of these are located in a "restricted" area that was designated to protect wetlands. However, Cathy O'Brien's wetland delineation on the property indicates that the location of the proposed dwelling units do not encroach into any wetlands or their buffers (see attached wetland delineation map). Thus, staff and the NRC are comfortable with the location of these dwelling units. One (1) of the dwelling units is proposed in a "restricted" area that was designated as a view protection zone. The location of the proposed dwelling unit is at the bottom of a steep slope grading down from Hinesburg Road. Thus, the proposed dwelling unit should not obstruct any scenic views from Hinesburg Road. The applicant should be prepared to defend the location of this proposed dwelling unit at the meeting. 9. Staff recommends that the DRB approve the location of the three (3) proposed single-family dwelling units. Other All of the additional standards outlined in Section 15.18(B) of the Land Development Regulations are being met through the proposed project. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch revised.doc 10. The applicant should submit a report, with the preliminary plat application, addressing the planned unit development criteria in Section 15.18 of the Land Development Nbgulations. 11. The preliminary plat submittal should include a property boundary survey prepared by a licensed land surveyor. Staff recommends that the applicant address the numbered items in the "Comments Section" of this document and include the changes in the preliminary plat application. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Mike Anderson, applicant CITY OF SOUTH BURLINGTON DEPARTMEW OF PLANNING & 'ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: DEVELOPMENT REVIEW BOARD FROM: Brian Robertson, Associate Planner DATE: June 9, 2004 RE: Mike Anderson - Miscellaneous Application #MS-04-01 Agenda #6 MIKE ANDERSON — MISCELLANEOUS APPLICATION Mike Anderson, hereafter referred to as the applicant, is requesting approval to construct a single-family residence in a Southeast Quadrant "restricted area" on a lot that was in existence on June 22, 1992, 1600 Hinesburg Road. This application shall be reviewed under Section 9.06(C) of the Land Development Regulations. The Development Review Board, taking into consideration the standards set forth below, may approve construction of one single-family residence in the restricted area on a lot that was in existence on June 22, 1992 if such lot is: (a) Located entirely within a restricted area; or The subject property is not located entirely within a restricted area (b) Located substantially within a restricted with an insufficient portion of the lot located in the development area to accommodate construction and use of a single-family residence. The majority of the subject property is identified as a restricted area on the Official Southeast Quadrant Zoning Map. There are two areas of the property that are identified as development areas on the Official Southeast Quadrant Zoning Map. One is the entire easterly portion of the subject property and the other is a small pocket along the northerly property boundary, directly south of the right-of-way off of Kendrick Drive. Both of these development areas pose problems for the development of a single-family dwelling. The large development area that comprises the easterly portion of the property is also identified as a woodland/wildlife habitat on the Official Southeast Quadrant Zoning Map. This area, if preserved as open space, would contribute to an opens space corridor running south west from the Muddy Brook. Thus, this portion of the subject property is not an ideal location for the development of a single-family dwelling. The small development area along the northerly property boundary will be traversed by the roadway serving the subject property, and therefore may not have sufficient space to accommodate the construction and use of a single-family dwelling. The proposed location of the single-family dwelling is in a restricted area. This area has been identified as restricted due to the wetlands on the subject property. The applicant has had a wetland professional, Cathy O'Brien, delineate the wetlands on the subject property. Her findings were that the actual wetlands boundaries were not consistent with the boundary of the restricted area, as depicted on the Official Southeast Quadrant Zoning Map. The footprint of the proposed dwelling is outside of the delineated wetlands and their associated 50' buffers. However, the proposed access drive will encroach into one Class II wetland and one Class III wetland. The encroachment in to the Class II wetland will require a Conditional Use Determination (CUD) from the State of Vermont. The South Burlington Natural Resources Committee (NRC) has endorsed the location of the proposed single-family dwelling. Staff supports the location of the proposed single-family dwelling. The footprint of the dwelling will not encroach into any wetlands on the subject property and will avoid disturbing the woodland/wildlife habitat area that could contribute to a larger open space corridor extending from the Muddy Brook. Staff notes that the location of the proposed single-family dwelling is incorporated into the applicant's sketch plan for the property, in which the applicant is requesting approval to subdivide the property into three lots and construct three single-family dwellings. State Of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wildlife Department of Forests, Parks and Recreation WATER QUALITY DIVISION Department of Environmental Conervation 103 South Main Street State Geologist Building 10 North RELAY SERVICES FOR HEARING IMPAIRED Waterbury, VT 05671-0408 1-800-253.0191 TDD>VoicE 1-800-253-0195 VOICE > TDD FAX 802-241-3287 TEL 802-241-3770 June 21, 2004 Mike Anderson 118 Wildflower Circle Williston, Vermont 05495 Re: Anderson Lot, 1600 Hinesburg Road, S. Burlington, Wetlands Project #2003-412 Dear Mike: I am writing this letter at the request of your wetland consultant, Cathy O'Brien. I understand that the City of South Burlington would prefer that you locate the access to your new residence off the existing subdivision road, rather than Hinesburg Road. I do not know the reasons for their preference. Cathy asked me to write a letter indicating our preference regarding the access road location. The Wetlands Section would like to see the access road location planned to avoid wetland resources when practicable. If avoidance is not practicable, wetland impacts should be minimized. Therefore, we would prefer to see the access gained from Hinesburg Road since that alternative would result in less disturbance to the wetland. However, if there are legitimate safety concerns associated with a Hinesburg Road access we would need to reconsider our position. I hope this letter is helpful. If you have any questions regarding this letter I can be reached at 241-1418. Sincerely, April J. Moul(a//ert, PWS District Wetlands Ecologist cc: Vty of South Burlington Planning and Zoning Cathy O'Brien, Wetland Consultant Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury Town of South Burlington Development Review Board C/O Ray Belair and Brian Robinson 575 Dorset Street South Burlington, VT 05403 To whom it may concern: In reference applications MS-04-01 and SD-04-06, concerning the Boards request to obtain more information from Cathy O'Brien concerning the overall Class II wetlands impacts that a city street would create on the Stone House village property versus creating a private drive off Hinesburg Road, I respectfully ask that the Board consider my request to move the meeting that was scheduled as a continuance on July 20th to the July 6th DRB meeting. I would be available to attend the meeting in person if you were to allow me on the 7/6 schedule. In speaking with Ray concerning the amount of time it would take for you to get the information you need from Cathy, we both thought that it should not take more than 30 minutes. Thank -you for considering my request. Sincerely, Mike Anderson �4/y :� I 1 a I I 7- u I 0 0 DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 11, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: 160o Hinesburg Road Dear Mr. Anderson: Enclosed is the agenda for neat Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, June 15, 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, 1'� Q(�Y4L-11 Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH BURL INGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number---OL— 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 site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month . That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) ( ) Request for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) het ; c A-X A zon fe WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING?1�,�.,,�� s -C�, i r,.lu 1-Nprny- w, ,.;, +A t 4;-s+..r--kPd z ,r,r (6kA ► ......�1 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and faxt_#) 11 a. li).�I� _C r..._.a Carl I. 1�i,.CC�,� %i� 0I 2) LOCATION OF LAST RECORDED DEED (Book and page #) ye, . Ce `i S if A .It 3) APPLICANT (Name, mailing address, phone and fax #) 4) CONTACT PERSON (Name, mailing address, phone and fax #) 5) PROJECT STREET ADDRESS: , 6) TAX PARCEL ID # (can be obtained at Assessor's Office) -&D8(„o n� (,60C-) L 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) b) Proposed Uses on property (include description and size of each new use and existing uses to remain) c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement e) Number of residential units (if applicable, new units and existing units to remain) A—( onle) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, e4.se note if Overlay Districts are applicable): i 1 n, +L doj, L,� ,,,�, � tL �„� I, a, �,, �� �.4 "t"r 8) LOT COVERAGE a) Building: Existing % Proposed (> 1Ji 1 _ b) Overall (building, parking, outside storage, etc) Existing/0 Proposed % c) Front yard (along each street) Existing t % Proposedv I_A % (do snot apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ 10}coo c) Other site improvements (please list with 10) ESTIMATED TRAFFIC ( �ej . S j C 're; p 62ie„,.6 L,,, bjS a) Average daily traffic for entire property (in and out): q'Sj b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 1,0Z 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE:�py+{ 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). enC57 a NI►I�r ►q-uA,, 1 b t-t'��roS�crs �A. S� �DVr�i�3 v�'a5�10 3 04 � ���`� Usr IQKAAr-co6j�notJ an /Mra n-5 6n v T- o S�a3 I I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. GNA'I;URE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: evelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: D Complete ❑ 5�js & oning or Designee Date d EXHIBIT A SITE PLAN 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. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting 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 of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 135.00* ❑ Miscellaneous $ 85.00* ❑ Variance $ 135.00* *includes $10.00 recording fee Locus A.ewmed end of . Wi q m et 9-0 Plopwed 15' M. qmo aF—y 60 ROW B S. Noes to be rel—W ivr ad &Basebswe Ae9edstls, ;wh= r 2 Appll f-- Nk. My.on lie NSA— Ckd. NRb — VT 05495 J. Porwl ake 14.5 apes 4. Zms& Soulbeaet Ou,rt t (SE0) 5. P—et J0590 01600 L IbL XXX, Pop. ma & Oswity 11oMod 1 14.5 — . 1.2 uMte/ 17 - is Ne&wd 2 ,4.5 aoes - 9.8 owe (Reetr,ctod oww) . 4 -Re/ 18 uMte y. P of Y D.—*� %jp lWay have & P.r*A Property 1h. N/am.tbn aw siW tbg tspo y taken Ban Pion entltNd 'RapasM S16dIMslon o/ Raps'ty &.1sn9.9 M a. ; K. Fmelr' by Patmar n Ltd., tb,.nWer B, I9r9. 9. Ed.8n9 kwturw taken horn a.rH phatoyrrphy. 10. Re.trlef.tl awsL a1M /uhA..wernants tdwn /rnnr scone of o&kdat CRY 4 Sa &uRbr9tm mappk 9 9btbM detFeottm by ,btbr 01i 11. Loymt w ahcted by o m appMk 1. Legend /'teposeA ExlsrA.g P,.P.rty Ewa9.nt lbw _---------- - Nbtk W UMt Restricted Also. _� - 901nd &,NdM9 T Ilne /�^wwvWV1 /W\'Ww"vY1 t1my Pa RECEIVED APR 2 9 2004 City of So. Burlington ffi90akHillRw11161UR,/al0,l)54B$ (802802) 87&&122 GRMHICSME tl . 60 tm :a w ' - ' 7 Inch= 60 k. LLEWELLYN'HOWLEY -- ANDERSON PROPERTY 9.OK mM2/N _ _-- p.wb taY Sketch Plan BkeeO tar t INCORPORAT E 0 En9Mosdn9 . . nnN," - tueuNhg �rvl. 28ximbelAre.Se.292R s()62W va�.wunwhs4pa uew(Mwa)%cfsaoa1<om ! w.t•.�+M k.; k�. er �9er NtN e6I—" Bbe111et a aMfw 4.ws ,VbM%4 wrm Cathy O'Brien Wetland Consulting 839 Oak Hill Road, Williston, VT 05495 (802) 878- 6022 June 8, 2004 To Whom It May Concern: Please be advised that Mike Anderson has applied for a Conditional Use Determination from the Vermont Department of Environmental Conservation. The project is located on the eastern side of Hinesburg Road in South Burlington, as shown on the attached location map. The application is for the installation of utilities from the end of Kendrick Avenue to the Anderson property. The utility lines will be buried through the upper portion of two fingers of a Class Two wetland and its adjacent 50-foot buffer zone. The 3 lot residential subdivision will be accessed off of Hinesburg Road. The project would result in the temporary impact of 555 square feet of the wetland and the impact of 8,000 square feet of the buffer zone. A complete copy of the application is available for review in the City Office or at the Chittenden County Regional Planning Commission Office. Please call me at 878-6022 if you have any questions or concerns with this project. Sincerely, Cathy O'Brien enc. cc: Mike Anderson ^J z Win rnill ' Z Z"�o so P"OtY Quarry W o •foOIY R30WZ l . 429 i WZ - r .D— EM __ �, _ . •, M Y - . Ow 30_ . WZ - { PF01Y' • EM1V_V OIY ;r P DIY W indmill PO • PF 4c - �RSow OW OIY _ EMW EM Y ,T fin• � �A -•; POW IYOW z All .� _ oW U 20WZ JV PE t Y • .. , i1 $ . it � ' �"E UD% H 5 PF U5,Y Pow E W 4 r PF05Y .. �t xt ,i ^ 9 �'� I 03QW� ,, ., r .: � :. I � '- / '� s —,�i {�, .i d .. .r� ._ , 1 IV .ter jZ M 3 MOd ,(2 0 A 1 a t� Zmon , zMO? �� •-a. �w3 I zMO ZMod ,- ZMod fyto , ¢� _NY. w3 Mw3 � so.� • . MO Alo Db �.Mod Boa � IPwpw Z a ONNN3 l �► S Ot. !. 1®�a zMo9- a-- MD _r C�. MCA =_ ,, •.• , .. KOd OW V °le«, U,M r, 1 •z 1 11 1v-i�,A-�2 f„1� •� � :t X / / 1 i / Locus /�248.8 sA- lip — 4 -- A..wnW .W a �bf6p atra.t 20' c mt I m Row b-m So a.tinytm Offidd � to M r-IacntW `: A= Notes f18 wuno..r'C'I MMIbta1, V7 054M 2. App io ot: NA. A1Mw.m 118 MBdeO.w Lbd. Mltblarl, VI 05405 J. P-w . 14.5 .w.. 4. Zm.d S-&-.t 1A.*-t (SEO) S Pormt vx p w %1fm & DI WtbW 1 I4.5 - o 1.2 mtit.I - 17 a1R. N.MW 2 145 oI-t - 89 owes (R-Wk:fed ) . 4 mtt / - IB mR- 7, P+'•jw D-.wj.um: Shut /only ban- g. Privet-r rwpaty An. h/wmation and .rbfb8 tgl.~y tokn bolo plm al; •Roe S 61MIAM of PMPaty 8a ginp to Or. Pad K f1.1m by P.kn.A Canpmx Ltd. Nowrrilw % HIM 8. E-btkq Aeotwe. tokm Awn avid PbatopcPhy 10. Re.olct.d oreo- and Rrtw- t- token /ran aoara oA OA W City of South 8wA gtm mopph8. MbBmd edkaotk by CaMy O'bn m M LOfaut w dkactmi by ..nw w qwM L Legend p•pwty L.w Eo—t Lk. _•-•---•�._ _.___.__.-._ MletbM a" R-&ktW A— MI1 I IWAV 0.#dh8 S.Iba!- Contow—rsr--- T Lh. IWYyVYyYyI /Yy-yyyyyyy\ UHQy Pd. k ❑___ I O f M Ault HR Road MA�Oon, VtMtront 05495 >e�e.Rr,� NEA Norm cxnrxic scab ® . n to 1. w --`4 •� fir -- LLEWELLYN HOWLEY — ANDERSON PROPERTY — may, '"`"` "°°"" Is/.16 ( INC0R►O RATED N-.•d.M pr�MOq fw+Ys l.r-kp m WI Ar- 9t-76LI a."a.I :, ".`, vw. 654W ___-_.-e-.. 1 A-Y b r -•e1 A..b.r W .e.r O yHrDA 1I W ta.r PIN0 PAM 016b d tw .V77N7 t � � � � IN F ` J r iamb= m n Sketch Plan RY ACT 260 t...b. >ea, WD �. tM.bL a.b C July 5. 2004 Friends of Kendrick Road Stone House ViIla!ae South Burlington, VT 05403 RE: Proposed Kendrick Road Extension -- #705.01 .Dear Friends of Kendrick Drive: This letter reports on environmental investi-ations that Natural Resource Consulting Services (NRCS) has performed at the abov-e-referenced site in South Burlington, VT. WETLAND DEFiNITON iVRCS did not re -delineate the %xetlands on this site. Rather, .ve re-evaluated the previous delineation and classification of wetlands pe_rfornned by others. nos. Cathy O'Brien performed the wetland work on Mr. Anderson's land and (I believe) ) 4.r. Brian Tremback did the work on the Old Stone House Farm Sub -division. Vermont statute defines wetlands as "Those areas that are inundated or saturated by surface or groundwate- at a frequency and duration suilicient to support. and that under normal circumstances does support- a prevalence of vegetation typically adapted, fcr life in saturated soil conditions." We found their respective delineations to he accurate. The classification of only one of the swales (the one closest to the present terminus oP Kendricl_ Drive' could I suppose, be challenged, but since the State :,€ ��er^zone's Wetland Oitiee gas concurred with the Classifications; the would reserve the right to debate that. point at a. later date, should i' b:.ccn.e necessary. The site has several wetland areas that have high function and much value. These wetlands are not seasonally wet and they harbor amphibian spawning. The vvetiands carry a high level of importance in the surrounding animal and plant environme:tt The proposed road will cross a wetland and stream area where it is likely that plant and anin?al habitats could be harmed. The soils are highly erosive a valuable par} of "'sae ecosys''.cm :-Ct r they are movee, t COUld Cause damage. Table 1. Typical!, Vegetation `)bse►-veel ?y the Kendrick, Rwmr:: sne in Sov..th Burlington. N T Scientific Nance C:onamon .Nanne Status UPLAND Acer Srcharinum Sugar maple FAaCU Benda prrrnila I=,os Bir:.h OBL Hrrmamelis virgil7k]!I a Witch -Hazel FAC- Orrercrrs r-rrbra Red =-?ak FACU- t. ar"'.-t ovato Shag Bark Hickor-y ACTU- � C - 2 - July 1, 2004 Fagus grandifolia American Beech FACU Betula alleghaniensis Yellow Birch FAC Pi17US strobus White Pine FACU Carpinus caroliniana Muscle Wood FAC Tillia americana American Basswood FACU Prunus serotina Black Cherry FACU Lonicera japonica Japanese Honeysuckle FAC- Parthenocicis quinquefolia Virginia Creeper FACU Ouercus alba White oak FACU- Rhus radicans Poison Ivy FAC Rubus parviflorus Thimbleberry FACU Rubus strigosus Red Raspberry FAC- Fraxinus americana White Ash FACU Sassafras albidum Sassafras FACU- Carya glabra Pig Nut Hickory FACU- Vitis Labrusca Fox Grape FACU Celastrus scandens Bitter-sweet FACU- Populus tremula Quaking Aspen FACU Fragaria virginiana Wild Strawberry FACU 1SAIli1:\�E Osmunda cinnamomea Cinnamon Fern FACW Onoclea sensibilis Sensitive Fern FACW Osmunda claytoniana Interrupted Fern FAC Impatiens capensis Jewel Weed FACW Acer Rubrum Red Maple FAC Toxicodendron radicans Poison Ivy FAC ti"iburnum dentatum Arrow -wood FAC Carex spp. Sedge FACW Osmunda regalis Royal Fern OBL Ulmus americana American Elm FACW- Viburnum lentago Nannyberry FAC Maianthemum canadensis Canada mayflower FAC Eupatoriadelphus maculatus Joe-Pye-Weed FACW Alnus rugosa Speckled Alder FACW+ Juneus effusus Soft Rush FACW+ Cornus amomum Silky Dogwood FACW Cornus stolonifera Red Osier Dogwood FACW+ Hamamelis virginiana Witch Hazel FAC- Ribes amerieanum Black Current FACW Carpinus caroliniana Ironwood FAC Typha latifolia Cattail OBL Ranunculus acris Tall Buttercup FACW -3- Status abbreviations are listed below: July- 1, 2004 Obligate (OBL) - Always found in wetlands under natural conditions (frequency greater than 99%). Facultative wetland (FACW) - Usually found in wetlands (67-99% frequency) but occasionally found in non -wetlands. Facultative (FAC) - Sometimes found in wetlands (34-66% frequency) but also occurs in non - wetlands. Facultative upland (FACU) - Seldom found in wetlands (1-33% frequency) and usually occurs in non -wetlands. A positive (+) or negative (-) symbol is used with the facultative indicator to more specifically define the regional frequency of occurrence in wetlands. A positive sign indicates a frequency towards the higher end of the category (more frequently found in wetlands), and a negative sign indicates a frequency toward the lower end of the category (less frequently found in wetlands)- ** = not classified NI = no information NR = not rated Source = Biological Report 88 (26.1) May 1988. National List of Plant Species that Occur in Wetlands: Northeast (Region I) - Functional Evaluation As you requested, we have performed a functional evaluation upon the three wetlands proposed for impact at the Kendrick Road Extension. We evaluated the ten Vermont Statutory functions. Additionally we evaluated four additional functions and values (taken from the "Method for the Comparative Evaluation of Nontidal Wetlands in NH')-. 1. Ecological Integrity— The origin of the subject wetlands is upland runoff that flows into the stream and forms an associated wetland. Other Class III wetlands in the meadow have small drainage areas, but consist of naturally poorly drained soil and not outlet_ Hence these isolated wetlands, in close proximity to the uplands and Class I1 wetlands, forms a very diverse ecological unit. This wetland complex is directly in the path of the proposed roadway extension. The nature of the wetland is completely natural, none of them have been drained by farming (drainage tile, ditches, ponds) and none of them receive degraded urban run-off. The soils in the wetland are highly erosive clays, and if disturbed they would likely erode. The wetland has a high level of ecological integrity. We rank it HIGH. 2_ Wetland Wildlife Habitat —The wetlands serve as a passageway for many amphibians, birds, reptiles, large and small mammals and even strongly -aquatic forbearers. This wetland complex is right beside and contributes directly to a permanent water -wetland, and therefore it attracts water birds, amphibians, strongly aquatic forbearers and other species requiring wetlands. Ground nesting waterfowl (like mallards, black ducks, and blue wing teal), turtles that also dig nests into the upland buffer are welcomed by the ample amount of hidden nesting places. I am not aware if a Botanist and Wildlife Ecologist, with specific training in endangered/threatened species, have evaluated the possibility of endangered plant and animal species living on or traveling through the subject wetlands. We rank it HIGH. - 4 - July 1, 2004 3. Finfish Habitat —The on -site ephemeral stream (there is a bare mineral bottomed substrate and defined banks and a channel) is immediately upstream of Muddy Brook. The on -site stream harbors excellent ecological integrity and feeds a down stream area that supports fin and shellfish. Terrestrial invertebrates are carried downstream to the permanent wetland during every spring and fall, and periodically through every summer during freshettes. We rank it HIGH. 4. Educational Potential —Since this site represents five wetland types (scrub shrub, ephemeral meadow, permanent open water, forested, stream) and many variations therein (and associated upland buffers of varying terrain including treed, shrubby and meadowy areas), it is a fine candidate for use as an educational tool. The upland has a multitude of interspersed habitats. Parking could easily be improved. We rank it MEDIUM to HIGH. 5. Visual/Aesthetic Quality —The wetland in question is well -established and fully vegetated. The wetlands are located in a small declivity of land and Kendrick Drive and the associated homes are elevated above the subject area. Hence the view shed into the subject wetlands is unobstructed as presently configured plant and animal life may easily be viewed by adjacent properties. These wetlands are relatively wet and copious and would lose there viewing quality if Kendrick drive was expanded. These wetlands are common palustrine forested swales and have high visual or aesthetic quality_ There are juxtaposition wetland elements (adjacent periodic flowing water, scrub -shrub habitats, red maple trees), which provide intellectually diverse and interesting color/textual differences to highlight this wetland. We rank it HIGH. Water -based Recreation —This wetland supports activities such as nature hikes, and bird watching. While on two site visits about 20 passerine species were quickly observed. This site is also an attractive bird watching area. We rank it HIGH. 7. Flood Control Potential —This flatter Class III wetlands, and the dense riparian cover along the stream store much water from storm events and therefore have reasonably high potential to de -synchronize floodwaters. Even the upland buffer portion of the wetlands stores some floodwaters and would be affected by the construction of the proposed roadway extension. The drainage area is more than 10 acres, the outlet is constricted, the underlying soils are deep and relatively accepting of floodwaters, and the vegetative stem density is high. We rank it HIGH. 8. Ground Water Use Potential —Though small this wetland provides reasonably good groundwater recharge. This is particularly important because the subject wetlands are located in the headwaters of an impotent watershed and aquafer area. Many down -gradient homes and natural springs rely on a clean source of ground water, which is protected by this area. The volume of ground water available in the drainage basin is ample and significant. We rank it MODERATE TO HIGH. 9. Sediment Trapping —Vegetative stem density is high in the wet meadow and scrub shrub areas specifically proposed for filling for the road extension. These wetlands are quite flat and this feature too increases their natural ability to slow down and encumber natural sediment, so we rank it Medium to HIGH. 10. Nutrient Attenuation— When flowing, the stream and wetland have a relatively high nutrient count, which are stellar conditions for vegetation growth (grasses, forbs, ferns). Plants are needed to take nutrients out of solution, and the stem density (especially of annuals) is high. VT soils are typically nutrient -rich. We rank the wetlands HIGH. 11. Shoreline Anchoring and Dissipation of Erosive Forces —The wetland has no permanent water and no shoreline, consequently it does not act as a buffer for wave action between - 5 - July 1, 2004 open water and upland. However, the stream portion of the subject area does have established banks, therefore, we rank it MEDIUM. 12. Urban Quality of Life —This wetland is in a rural part of South Burlington, VT (near a suburban sub -division) and its further destruction will negatively affect urban life. For instance, there are homes in the vicinity, and there is abundant evidence that young children play there. No household trash was found in the wetland or buffer_ If the proposed road were built, the unaltered remaining wetlands would get more wear. We rank it MODERATE TO HIGH. 13. Historical Site Potential —This wetland has some historical site potential, owing to the extremely well constructed dry -laid stone wall directly in the path of the proposed road. The stone wall is of beautifully weathered native marble. We rank it MODERATE to HIGH. 14. Noteworthiness —This type of wetland is common throughout South Burlington, and Vermont and is not known to possess unique natural history, terrain or historic features. However, since this site has such a plethora of moderate to high values IN SUCH A SMALL SURFACE AREA, we rank it MODERATE TO HIGH. Please understand that to one degree or another, these evaluations are subjective. We have a great deal of experience looking at and studying a variety of VT wetlands. We conclude that these wetlands rank HIGH in their ability to perform al 10 statutory functions listed by the State of Vermont. The subject wetland performs all 14 functions listed in the NH -Method in above average status. We believe that the wetlands are important and vital to the area, and should not be crossed by the proposed extension of Kendrick Road. We will be available to explain these opinions to the City on July 6t'. We have enjoyed working with you on this aspect of the project. Please contact me when you have time to discuss our findings. Thanking you in advance for your confidence in NRCS, I remain, Very truly yours, Peter Spear Certified Wildlife Biologist (The Wildlife Society) Professional Development Certificate (The Wildlife Society) Professional Wetland Scientist (Society of Wetland Scientist) Certified Environmental Professional (National Association of Environmental Professionals) Certified in Habitat Evaluation Procedures (US Fish and Wildlife Service) NH Certified Wetland Scientist # 103 iviaumg txuut caa. National Life Records Center Drawer 20 Montpelier, VT 05620-3201 1Vanona1 LilC ima u. uu Montpelier, Vermont . State of Vermont Water Resources Board Tel: (802) 828-3309 VERMONT Inir-TI AKIn Mill C0 . t r Water Resources Board Adopted December 10, 2001 Effective Date: January 1, 2002 d^$M �4 i b � �� .,^,�^'�,� � � 1 l �6Y f� � { � % +1 ''�'•- M X i � �k�Y�4� b 2 "� �, +, „^rah /y LiYfit" complete copy of the request for a conditionai use cietermination wan the Miming. - a. the clerk of each Vermont municipality in which the wetland or buffer zone is located, b. each regional planning commission serving the geographical area in which the wetland or buffer zone is located. In addition, copies of the location map, the description of the specific action(s) for which conditional use determination is sought, the supporting narrative and a listing of where complete copies of the request have been filed shall be provided to the municipal planning commission and/or conservation commission and to all persons owning property within or adjacent to the wetland or buffer zone in question. 8.3 Notice of request The Secretary shall provide an opportunity for public comment by sending a notice of a request for a conditional use determination to all towns wherein the wetland or buffer zone is located with a request that the notice be posted for no less than 15 days. The Secretary may provide additional notice of the request for a conditional use determination and may conduct a public hearing to receive additional public comment. The Secretary shall have notice of any request for compensation under Section 8.5(c) published in a local newspaper generally circulating in the area where the wetland is located at the expense of the person proposing compensation. 8.4 Notice of Decision The Secretary shall provide notice of any decision made under Section 8 to all persons entitled to receive notice under Section 8.2 above. 8.5 Conditional Use Review Standards a. Burden of Proof Applicants for a conditional use determination shall have the burden to show that a proposed conditional use in Class One or Class Two wetlands or their buffer zones complies with section 6.3 and will have no undue adverse effect on protected functions. In determining whether this burden has been met, the potential effect of any proposed conditional use shall be evaluated on the basis of both its direct and immediate effects as well as on the basis of any cumulative or on -going effects on the significant wetland. -22- b. Mitigation An adverse effect on any protected functions, other than a minimal impact, shall be presumed to constitute an undue adverse effect unless: (1) The proposed activity cannot practicably be located outside the wetland or on another site owned, controlled or available to satisfy the basic project purpose; and (2) If the proposed activity cannot practicably be located outside the wetland, all practicable measures have been taken to avoid adverse impacts on protected functions; and (3) If avoidance of adverse effects on protected functions cannot be practically achieved, the proposed conditional use has been planned to minimize adverse impacts on the protected functions and a plan has been developed for the prompt restoration of any adverse impacts on protected functions. C. Compensation Compensation may be considered only when full compliance with the requirements of subsection b (1-3) is insufficient to achieve no net undue adverse effect on any protected function. Such compensation measures may include establishing new wetlands or enlarging the boundaries of an existing wetland to compensate for the adverse impact of a conditional use. Compensation to avoid undue adverse impacts on protected functions in Class One wetlands or their buffer zones may only be considered upon the showing that the adverse impacts are necessary in the course of meeting a compelling public need to protect public health or safety. Consistent with the provisions of section 6.3, compensation will be allowed in either Class One or Class Two wetlands only to reduce adverse impacts on those protected functions that are compensable. Compensation is presumed to be possible for adverse impacts on the functions specified in Sections 5.1, 5.2(e), 5.4(a)(1 and 2), and 5.9. For any of the remaining functions specified in Section 5 the applicant for a conditional use determination must show that compensation will be successful in achieving no net loss in any protected function. Any compensation plan must demonstrate the following- (1) there will be no net loss of the protected functions or acreage of significant wetlands; and -23- Agency of Natural Resources Department of Environmental Conservation NOTICE OF CONDITIONAL USE DETERMINATION #2003-412 A request for a Conditional Use Determination, required pursuant to the provisions of Section 8 of the Vermont Wetland Rules, has been received from Mike Anderson. Approval is being requested to install utilities and a driveway in connection with the construction of a new house. The project will impact approximately 555 square feet of a Class Two wetland and 8,000 square feet of its 50-foot buffer zone. The wetland is located at 1600 Hinesburg Road in South Burlington. This wetland has been designated as a significant (Class Two) wetland by the Vermont Water Resources Board. Copies of the application are available for review at the Vermont Wetlands Office in Waterbury, the City Clerk's Office in South Burlington and the Regional Planning Commission Office in South Burlington. Conditional Use Determinations may only be approved if it is shown that the proposed conditional use will not have an undue adverse impact on the functions and values of any significant wetlands or their adjacent buffer zones. Any person may file comments in writing on this application through July 21, 2004 with: April J. Moulaert, PWS, District Wetlands Ecologist Water Quality Division Department of Environmental Conservation 10 North Building 103 South Main Street Water , VT 05671-0408 0 ,April J. Moulaert District Wetland Ecologist AJM:pu Enclosure cc: Distribution List � ' p.��'t .fir '�� },.. , � I r ���,.�« > .• ,�x�';��+t + � � e:jj �*' " , � �'"�� .i I ' I ;. k , "�'• d i �� 1 ^� "?' • ' mot, ^> �'�♦' a t``4.: ,, ,r r f v � ' t � ,� '� � 8 � '•l r' r4' 'y •1 �� .; t r 1 �.:�M"�r w,�� �._/ ,� r�,8 I � � ! r :...y � .�: r' .i 'ri i j e bfsy:_a� gs•n'"•W r ,' .� �� ' •:rt r �4 �Ffr �,i/ � 8 � ;, ' � �y Y >r nt .� � �'� ! �.1i 1 .: � � nr� '>`•- tv `' t .., e ♦ ��{p�, ,7�YJjJ t''r �' '� rAK. � r ` ,� t� tp,,� t Locus Restricted��Pen -- ` oce 500' Re Stone House Village Homeowners' Association, Inc. P.O. Box 398 Williston, VT 05495 April 20, 2004 Mr. Ray Belair, Administrative Officer Department of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Mike Anderson Development Project — 14 Acres on Hinesburg Road Dear Mr. Belair: It was a pleasure speaking with you about the above development project. Please accept this letter as formal notification of the name, address and contact information for Stone House Village Homeowners' Association, Inc. As you may know we are the master association for the development off of Van Sicklen Road known as Stone House Village. The carriage homes have a separate organization, Stone House Village Carriage Homeowners' Association, Inc. which may also be reached at the above address. The current slate of officers and directors for the Association are: Jerry Bowin, President 864-3343 Mike Spargo, Treasurer 651-6996 Josh Simonds, Secretary 865-3808 Thank you for your attention to this matter. Very truly yours, Stone House Village Homeowners' Association By its Secretary / 4 --� J hua L. Simonds JLS/mda cc: Jerry Bowin Mike Spargo CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNE4G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 21, 2004 Mike Anderson 118 Wildflower Circle Williston, VT 05495 Re: 1600 Hinesburg Road Dear Mr. Anderson: Enclosed, please find a copy of the minutes from the March 16, 2004 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, bz �M mot*,"I Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 16 MARCH 2O04 said underground parking is cost prohibitive. Mr. Bresee suggested building part of the lot and only paving more spaces if needed. Mr. Dinklage suggested an easement to the adjacent property which is also owned by the applicant. Mr. Bouchard said they will try to do that. Mr. Dinklage asked the applicant to work with staff on interior landscaping in parking areas. Members were OK with combining preliminary and final plats, noting this is at the applicant's risk. 8. Sketch Plan Application #SD-04-12 of Pizzagalli Properties, LLC, for a planned unit development consisting of subdividing a 73.49 acre parcel into five lots of 4.0 acres (Lot #1), 32.11 acres (Lot #2), 7.88 acres (Lot #3), 14.6 acres (Lot #4) and 14.9 acres (Lot #5), Tilley Drive: Mr. Dinklage noted the possibility of an Interstate off -ramp and asked the applicant to show where it could be. Mr. Belair said Tilley Drive would be extended if that ramp were to be built. Mr. Bouchard said they can't go any farther to the east because of archeological considerations. Mr. Belair said connection to Tilley Drive is on the official city map. Staff is asking for an 80 ft. right-of-way and is willing to get 20 ft. off the existing Tilley Drive when they come in for an approval. Mr. Bouchard said they have met with the state wetlands people, the Army Corps of Engineers and others and they are all OK with the layout with respect to wetlands. Mr. Robertson said the Natural Resources Committee has seen the plan and is OK with "pockets" of development. Mr. Dinklage stressed the need to address wetlands issues and to be in sync with all requirements. He also said the Board will need to understand the limitations to anything the applicant wants to do on any of the lots. C9) Sketch Plat Application #SD-04-06 of Mike Anderson for a planned unit development consisting of. 1) subdividing a 14.2 acre parcel into four lots of 2.3 acres (Lot #1), 2.3 acres (Lot #2), 3.4 acres (Lot #3) and 6.2 acres (Lot #4) and 2) developing these lots with 17 dwelling units, 1600 Hinesburg Road: Mr. McClellan said this would be the last "infill" project in this direction. There will be an extension of a private road that now serves 3 homes. The road will become a city street through to the cul de sac. There will be no new curb cuts on Hinesburg Rd. Mr. Dinklage asked about woodland, wildlife habitat, etc. Mr. McClellan gave members a handout on this. He showed a chart of the developable area, woodlands, and wetlands. The woodland will not be disturbed. They are also suggesting putting in a restrictive line -4- J DEVELOPMENT REVIEW BOARD 16 MARCH 2O04 to allow houses at the bottom of the bank which cannot be seen from Hinesburg Rd. and can't block the view of Camel's Hump. Mr. McClellan also thought there is less wetland than shown which would allow more development. Mr. Belair noted that the Board can allow development in a restricted area. Mr. Dinklage asked the applicant to work with staff on this. Mr. McClellan said they will also hire Cathy O'Brien to assist with wetland delineation. Mr. Kupferman had an issue with an 18 ft. drive serving 4 homes and felt there might be concerns from the Fire Department as well. Mr. Dinklage suggested a second sketch plan before the applicant spends money on engineering. Mr. Belair said he would like the least amount of development in the wooded area. Mr. McClellan agreed to that. Mr. Dinklage noted that other development in the area has had a problem with stray electricity affecting the adjacent farmer's cows and pets and asked the applicant to be aware of this. Mr. Bresee asked the applicant to work with the Rec Path Committee regarding rec path placement. Mr. Kupferman expressed a concern regarding traffic. Mr. Belair said the Board can require a traffic study. Mr. Boucher then moved to continue the sketch plan until 15 June 2004. Ms. Quimby seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:15 p.m. 2. &LL f _ -0ti doff Cq-_C-0g Date -5- CITY OF SOUTH BURLINGTO i DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 12, 2004 Mike Anderson 118 Wildflower Circle Williston, VT o5495 Re: 1600 Hinesburg Road Dear Mr. Anderson: 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, March 16, 2004 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely,, R4morfCi J. Belair Administrative Officer Encl. FA 11 Lot," I i I I if Restrictions as taken from SEQ Official Map Estimate of Adjusted Restrictions Lot 02 0 Lot #2 N.T.S. ICI LLMELL" - HOMEY ANDERSON PROPERTY INC-DRATED v Nora Site Restrictions CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: March 8, 2004 \d rb\su b\a nde rso n\sketch. doe Application received February 9 2004 MIKE ANDERSON - 4- LOT SUBDIVISION SKETCH PLAN APPLICATION #SD-04-06 Agenda #9 Meeting Date: March 16, 2004 Owner/Applicant Mike Anderson 118 Wildflower Circle Williston, VT 05495 Engineer Property Information Llewellyn -Howley, Inc. Tax Parcel 0860-01600-L 20 Kimball Avenue 14.2 acres S. Burlington, VT 05403 SEQ Zoning District; Zone C of Dorset Park Scenic View Protection Overlav District Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch.doc Mike Anderson, hereafter referred to as the applicant, is requesting sketch plan review of a planned unit development to subdivide a 14.2 acre parcel into four (4) lots of 2.3 acres (Lot #1); 6.2 acres (Lot #4); 3.4 acres (Lot #3); and 2.3 acres (Lot #2), 1600 Hinesburg Road. The subject property is located in the Southeast Quadrant (SEQ) Zoning District. The eleven (11) units on Lot #4 are proposed in a wetland -based SEQ "restricted area". The two (2) duplexes on Lot #3 are proposed in the woodland/wildlife habitat designated area. The single-family home on Lot #1 is proposed in a woodland/wildlife habitat designated area and a "restricted area" (500' view corridor). The single-family home on Lot #2 is proposed in a woodland/wildlife habitat designated area, however, the applicant has already obtained a zoning permit to construct this unit. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 9, 2004 and have the following comments. Zoning District & Dimensional Requirements Table 1. Dimensional Requirements Lots #1-3 SEQ Zoning District _ Required Proposed Min. Lot Size 40,000 SF 3.4 acres (Lots #3-4) 12,000 SF 2.3 acres (Lots #1-2) Max Density 17 units 17 units Max. Building Coverage 15% n/a Max. Overall Coverage 30% n/a Min. Front Setback 20 ft. n/a Min. Side Setback 20 ft. n/a (Lots #3-4) 10 ft. n/a (Lot #1-2) Min. Rear Setback 30 ft. n/a zoning compliance SUBDIVISION CRITERIA Pursuant to Section 15.18 of the South Burlington Land Development Regulations, subdivisions shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch. doc According to Section 15.13 of the South Burlington Land Development Regulations, the existing public water system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. 1. The City of South Burlington Water Department shall review the plans for the subject project, prior to preliminary plat approval. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. 2. The plans should be revised to show the location of all proposed sewer lines, prior to submittal of the preliminary plat plans. 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. 3. 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. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The applicant is proposing to upgrade a private road known as Kendrick Drive to a public road. Lot #1 will be served from this public roadway. Access to Lot #4 is not shown on the plans, however, pursuant to Section 15.12(2)(F) of the Land Development Regulations, eleven (11) units would require a public road access. Therefore, this lot would have to be served off the public road (Kendrick Drive). The plans show Lots #3 and #4 served by a private road extending off of the public road. This private road is sufficient for access to the proposed single-family dwelling unit. However, pursuant to Section 15.12(D)(3) of the Land Development Regulations, the development proposed on Lot #4 requires service by a public road. Staff notes that the Land Development Regulations are in the process of being amended. The proposed amendments would allow the proposed development on Lot #3 to be served by a private road. Therefore, staff suggests that the applicant hold -off on submitting a preliminary plat application until the amended Land Development Regulations have been adopted. 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 plans that the applicant submitted depict the wetland and the wetland buffer on the subject property. The plans submitted depict the wetland identified on the City of South Burlington's Official Wetland Map. The City's Wetland Map and the Southeast Quadrant Official Zoning Map contradict each other. The Southeast Quadrant Official Zoning Map shows wetland covering the entire middle portion of the property, therefore creating a "restricted area" on the property. The City's Wetland Map shows only a streamline of the Muddy Brook traversing the property. The Natural Resources Committee reviewed the plans at their meeting on March 4, 2004 and has strong concerns about the proposed roadway traversing the delineated wetland and its associated buffer. In addition, they have a concern about the proposed eleven (11) units on Lot #4, which is currently identified as a "restricted area". The applicant must have a wetland expert delineate the CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch. doc existing wetlands and associated wetland buffers on the property prior to submittal of the preliminary plat plans. This will provide the applicant and staff a better understanding of where development on the property should be concentrated. 4. The applicant should have a wetland expert delineate the existing wetlands and associated wetland buffers on the property, prior to submittal of the preliminary plat plans. 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. Staff has major concerns regarding the development of eleven (11) multi -family dwelling units in a restricted area on this property, as it may not be in compliance with the Comprehensive Plan or the stated purpose of the SEQ. However, staff needs more information on the property, particularly concerning Lot #4, before determining if the proposed project is in keeping with the planned development patterns of the SEQ Zoning Districts. 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. At this point, the two main open space corridors are in the 500' wide restricted area along Hinesburg Road and wetland buffer on either side of the stream that traverses the property. There may also be addition open space areas on the subject property, but this will depend on the final layout of the project. Staff notes that the development of eleven (11) multi -family residential units in the restricted area would create a major concern with regard to open space on this property. 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. 5. The South Burlington Fire Chief should review the plans for the proposed subdivision, prior to final plat approval. 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 reviewed the sketch plans for the proposed project at its meeting on Monday March 1, 2004. Their comments are provided in a letter dated March 2, 2004 (attached). They requested that an easement be provided along the northeast side of the proposed private roadway. 6. The applicant should comply with the requests of the Recreation Path Committee, as outlined in their letter dated March 2, 2004, prior to submittal of the preliminary plat plans. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Again, the South Burlington Recreation Path Committee reviewed the sketch plans for the proposed project at its meeting on Monday March 1, 2004. The City Engineer reviewed the sketch plans for the proposed project and provided comments in a letter dated February 26, 2004 (attached). CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING ldrb\sub\anderson\sketch. doc 7. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 8. The plans should be revised to comply with the requests of the City Engineer, as outlined in his letter dated February 26, 2004. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). 5tatt teels that Lots #1-3 of the proposed subdivision of this property are generally in conformance with the South Burlington Comprehensive Plan. There are issues relating to development in the identified "restricted area" and in the identified woodland/wildlife habitat area on the property that need be worked out before staff can make an informed determination on this requirement. The proposed development on Lot #4 appears to be incompatible with the Comprehensive Plan, the entire lot is identified as a "restricted area" containing wetlands. Lot Layout According to Section 15.10 of the South Burlington Land Development Regulations, a minimum width to length ratio of one to five (1.5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Square or roughly square lots shall not be approved. Staff feels the four (4) proposed lots meet the goals of this requirement. However, according to Section 9.06(A) of the Land Development Regulations, land located within a designated restricted area shall not be included in any lot created for residential development after June 22, 1992. As a condition of approving a subdivision of land that results in the creation of a lot located entirely or partially within a "restricted area", the Development Review Board may require the recording of a notice of appropriate restrictions regarding such remaining lot in the land records. The proposed project will be creating several lots within the "restricted areas" on the properties, as well as within the designated woodland/wildlife habitat areas on the property. Staff suggests that the applicant have a wetland consultant delineate the wetlands on the property. This information can then be used to determine if the existing "restricted area" corresponds. SEQ Restricted Areas The Southeast Quadrant Official Zoning Map indicates that the subject property contains two (2) "restricted areas". One is the 500' wide "restricted area" adjacent to Hinesburg Road. The other is a "restricted area" that falls in the middle of the property that the Southeast Quadrant Official Zoning Map identifies as a wetland. As staff has already mentioned in this document, the applicant must have a wetland consultant delineate the wetlands on the property. Once the wetlands on the subject property are accurately delineated, the applicant can request a revision of the boundary of the "restricted area" on the property by following the steps outlined in Section 9.04(B) of the Land Development Regulations. SEQ Woodland/Wildlife Habitat The Southeast Quadrant Official Zoning Map indicates that the eastern portion of the subject property is designated as woodland/wildlife habitat. Staff and the Natural Resources Committee have major concerns about the applicant's proposal to construct two (2) duplexes in the this area, as it would not be in compliance with the goals of the Comprehensive Plan or the planned character of the area. CITY OF SOUTH BURLING . jN 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\sub\anderson\sketch. doc Other 9. The applicant should submit a report, with the preliminary plat application, addressing the planned unit development criteria in Section 15.18 of the Land Development Regulations. 10. The preliminary plat submittal should include a property boundary survey prepared by a licensed land surveyor. Staff recommends that the applicant address the numbered items in the "Comments Section" of this document and include the changes in the preliminary plat application. Respectfully submitted, Brian Robertson, Associate Planner Copy to: Mike Anderson, applicant e9 910 7 �m Legend P.op*"d ftisting vropaty Lkw W&ffmd link Nrtlald afAr 4.16dtJ Cmt- —Yt 1 ' - a BaaR¢ Arstnad f n.. u» yvvvwwvr 14.5 oa- x 1.2 -f ./ - 17 u. t. Otmy Pop Rf .. ANBwd 2 M5 .vR - RE pv.. (R..&kW ae..) x 4 7. Aq)mf O..aptloox Su WWl a pmInto 4 mw.ntM ,\ W. Exien.bn of pp170c faod.oy (K-ftk DtM) � .00. lw. Wiwl MN,med end of .xiatfnq . t to .uepe! opr.ty .MA u/-d a4--nc mar. D.Mapmwrt of 4 $.ft xlm 17 r-hf-W -it. of -ybg oonAyaot h8 As utxtw ro De muwpd. a painobr wopaty Rm lnANm.ebn ow ••atM topoprWh=07k7M�a w Dy r s'v,wDaa+. a Locus B.qb pVo-d 3(r � City tonwonl lta Pwwne. a Idra axe. Dom w- W.` *, on..M. 9. E*fM f oa.w t.k.n Man -M AMoto~* i ��� o— mWt. taken ftm jj of .06d City of S.xm amfgton mWpkv. 6to bs ndoogted U ROW ooted B-Awtoo Oflkbl Atop. A� if. Lpput w tW by axnr oroppllcmt. r i r i r "ram' 05;fr ' R d. y r � Wr 'n F ti/i' Cgd Sfon•boo.e A..w otbn I �, I` I- �/► - :-.-- f � F I - ter• - - !t 1 1 , e 1 � � T•�r 1 i 2 I �1 �� i� /J k R.. � Xyn Lot #i ! 1 2.3 acres ,; I �( ', . ']/ I ; , 7: V "af OM 81ag4 F—Ily H— , / / , + r Lot #4 //j I -2 acros 1111ni1W ~ - i ( - 1 i ExI.Nq wDRmd Dan Sa aMplm f1Rkbl Yqa etr w. ROW to qt of '. �- I 1 i ( swBr a.angbn (fw000e.d� / /° 2.3 acres 1 oo. s saotiry Marts j M " , I , , Fa ✓ // A acres , 1 Nn' • I I 1 1 �/ ,�% Fopr Vries A d 1 , th Lot I 1 30' Ae».a .onn�e e ,' / ! , f [ e i ,F i , + I W lot R �"_"_... �• r - o F 'fit" i I IL' l - -^ 30-Ea.rnaf to lot 3.itle 6E':Mi4. g'oM SMwry NIP iti. �� AA.WM.ay pYt EDW lI�A A 2Ao, Ca.W.alan Mo. Uvblon -r.nwrrr-eee..w-+rr.+rrri.- MnI3OiHI GRAPHIC SCALE b o m iW ten x.o inch - Iw ft LLEWELLYN • HOWLEY ANDERSON PROPERTY PIa.- M0 019 Ww B1% te.1e rrpwr y.rnont pan D15 gL1A Sketch Plan 2WeD,"qp NwD 1 . t I N C O R P O R A T E D Engineering Pxmdeting LanauYlin®9arvlcey m IUaDe11 Autz. Sfa 202N f (Bq2) 6.5&28g2 Vanrmeaxtdm 0i4g3 ileweNlncY'aai2cam CITY ENGINEER'S COMMENTS ANDERSON PROPERTY Kendrick Drive 02/26/04 1. Kendrick Drive is a private street. About 200 feet must be upgraded to city standards. 2. The cul-de-sac must be the tear drop type with a curbed island. 3. The long gravel drive serving lot #2 must have a turnaround. 4. The go -degree gravel road should be a 2 way stop. 5. There should be a 30 foot easement from the gravel road toward the Auclair house. SC U711 BURI( fiETTION RE C_R,,_EjLk7 I 575 %5 E n✓'_k SE'77 .;{,.,�T _- - � j! '30 �Ji _—'� ..� -�J <..,�1 .TG, .T9 .� m 54G'D` RECREATION DIRECTOR _ TC3DD GOOL1jNiP•T ASSISTANT DIRECTOR TO: Ray Belair, Zoning Administrator FROM: Recreation Path Committee RE: Recommendations DATE: March 2, 2004 Pizzagalli Tilley Subdivision H The RPC recommends that an easement be secured from the proposed road in the development with the recreation path included, extending through an area TBD to connect with Technology Park. The official city map shows a proposed road going through this development and if so, the RPC would hope that the recreation path would be included as part of this construction along the entire road. Mtn. View Bus. Park Lots A & B Obtain an easement along the road (Tilley Dr.) connecting to subdivision II above. Anderson The RPC would like to obtain an easement along the NE side of the proposed road through the development. It is unclear as to what the provisions are for pedestrian and bicycle traffic from the map, i.e. sidewalks? public or private road? tEMBER: VERMONT RECREATION AND PARK ASSOCIATION - NATIONAL RECREATION AND PARK ASSOCIA T r ;i i Permit Number SD - Oct - 0 6 APPLICATION FOR SUBDIVISION SKETCH PLAN 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. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Mike Anderson, 118 Wildflower Circle, Williston, VT 05495 (802) 318-8194 2) LOCATION OF LAST RECORDED DEED (Book and page #) Vol. 645, Page 594-595 3) APPLICANT (Name, mailing address, phone and fax #) Mike Anderson, 118 Wildflower Circle, Williston, VT 05495 (802) 318-8194 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc Owner 5) CONTACT PERSON (Name, mailing address, phone and fax #) Llewellyn -Howley Incorporated, Skip McClellan, 20 Kimball Ave, Ste 202N, So. Burlington, VT (802) 658-2100 6) PROJECT STREET ADDRESS: 1600 Hinesburg Road 7) TAX PARCEL ID # (can be obtained at Assessor's Office) #0860 01600 L 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) None. Unimproved meadow and woods b) Proposed Uses on property (description and size of each new use and existing uses to remain) Subdivision into four lots for residential development. c) Total building square footage on property (proposed buildings and existing buildings to remain) N/A d) Proposed height of building (if applicable) N/A e) Number of residential units (if applicable, new units and existing units to remain) 17 units (total for all four proposed lots) f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing N/A Proposed N/A b) Overall (building, parking, outside storage, etc) Existing N/A Proposed N/A c) Front yard (along each street) Existing N/A Proposed N/A 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) None 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) Extension of City sanitary sewer disposal and water supply systems to serve all four residential lots (approx. 500'). 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) Auclair, 1650 Hinesburg Road, So. Burlington, VT 05403 Old Stone House Homeowner's Association, Van Sicklen Road, So. Bulington, VT 13) ESTIMATED PROJECT COMPLETION DATE Fall 2004 9 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 (I V x 17") of the plans must be submitted. A sketch subdivision application fee is $125.00. I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. Mike Anderson SIG ATURE OF APPLICANT SIGNATURI OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this sketch plan application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date