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HomeMy WebLinkAboutVR-77-0000 - Supplemental - 0123 Holmes RoadMarch 7, 1978 Mr. Lawrence Bagdan c/o Overlake Distributors 30 Green Mountain Drive South Burlington, Vermont 05401 Dear Mr. Bagdana Enclosed you will find a suggested format for a private right of way agreement. As you may recall, the execution of such an agreement was stipulation of your right of way app- roval (see enclosed minutes), which has not yet been completed. We would appreciate your coopera ion in signing and returning the document to us. Don't hesitate to call if you have any questions. Yours truly, Stephen Page, Planner SP/mcg 2 Encl 0. V Lawrence Baqdan - 6 Crecent Road Abutter's: Hugh Jeffries - 40 Sunset Ave. Julian A, Waller - 125 Holmes Road Ext. FORM 902 VERMONT QUIT CLAIj�EED TUTULANX REOISTE.6 U. B. PAT. TUOPPICC ,Q TTL6 LAW PRINT. puBU ER®, wm.Awe, vr. oe'/a we, JUNE MERRIHEW WILLIAMS, of Burlington, in the County of Chittenden and State of Vermont, and DAWN MORSE and RAY MERRIHEW, both of Wallingford in the County of Rutland and State of Vermont Grantors , in the consideration of ------------------------------ ONE ----------------------------- Dollars and other valuable consideration, paid to our full satisfaction by DOUGLAS F. GREEN and HELEN F. GREEN, husband and wife, of South Burlington in the Country of Chittenden and State of Vermont Grantee s , have Aemizeb, �Q , aab , CJZC�Zr unto the said DOUGLAS F. GREEN and HELEN F. GREEN, husband and wife, as tenants by the entirety, their heirs or assigns, all right and title which we, JUNE MERRIHEW WILLIAMS, DAWN MORSE, and RAY MERRIHEW, or our heirs have in, and to a right of way certain/piampf-&nd in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A certain right of way leading westerly from Shelburne Road on and over a road which is known as Holmes Road, so-called, and continuing in a southerly direction therefrom on and over a roadway which is known as Holmes Road Extension that leads to a certain lot of land which was conveyed to the Grantees herein, Douglas F. Green and Helen F. Green, by 1'Varranty Deed of L'lmor E. (;ove dated May 17, 1946, and recorded 1n Volume 20, Page 268 of the City of South Burlington Land Records. This Quitclaim Deed is given without consideration by all of the re- maining heirs at law of Elmer E. Gove, now deceased, for the purpose of correcting said Warranty Deed given by said Elmer E. Gove to the herein Grantees, Douglas F. Green and Helen F. Green, as above referred. to, which Warranty Deed omitted granting to said Douglas F. Green and Helen F. Green the right of way as hereinabove described to the said lot of land. The herein granted right of way was conveyed to the said Elmer 1?. Gove by John F. Ramsdell and Freida D. Ramsdell, predecessors in title to said lot of land, by thc.ir Warranty Deed dated July 20, 193S, and recorded in Volume 12, Page 233 of the City of South Burlington Land Records. Reference is made to the aforementioned deeds and the records and references therein contained in further aid of this description. ® T abe anb t® T-�®lb all risht and title in and to said quit- claimed premises, with the appurtenances thereof, to the said DOUGLAS F. GREEN and HELEN F. GREEN, husband and wife, as tenants by the entirety, their heirs and assigns forever. 0 ,� r rtberinm We the said JUNE MERRIHEW WILLIAMS, DAWN MORSE, and RAY MERRIHEW do for our heirs, executors and administrators, covenant with the said DOUGLAS F. GREEN and HELEN F. GREEN, husband and wife, and their heirs and assifns, that from and after the ensealing of these presents we the said JUNE MERRIHEW WILLIAMS, DAWN MORSE, and RAY MERRIHEW wild have and claim no right, in, or to the said quit -claimed premises. this 4 K +1n Proarr of we hereunto set our hands and seals day of September .4. D. 1977 une Merrihew Williams Witnisses as to signature o e Merrihew Williams Q. ' 1M,vj Dawn Morse Witnesses as signature of Dawn Morse -Cam►.... 1 w �9.r•'�.w/ � Ray errihew 6--tKes/ses As to signature o y Merrihew aw rllat-10 ifs tate of Veri�o t, ae �it -B � �n this CHITTENDEN '-1 wul ,9 6 day of .September .g. D. 15t7 7 JUNE MERRIHEW WILLIAMS personally appeared, and she acknowled¢ed this instrument, by her sealed and subscribed, to be her ee act and deed. Before me. au Notary Public ,,Title) STATE OF VERMONT RUTLAND COUNTY, SS. At Wallingford this �� day of--ugus-t, A. D., 1977, DAWN MORSE personally appeared, and she acknowledged this instrument, by her sealed and subscribed, to be her free act and deed. Before me, c Notary Public STATE OF VERMONT RUTLAND COUNTY, SS. At Wallingford this t day of Argue, A. D., 1977, RAY MERRIHEW personally appeared, and he acknowledged this instrument, by him sealed and subscribed, to be his free act and deed. Before me, Notary Public ` I A' i QUITCLAIIl2 JUNE MERRIHEW WILLIAMS, DAWN MORSE, and RAY MERRIHEW Poo DOUGLAS F. GREEN and HELEN F. GREEN J J 77 b CLERKS OFFICE RECEIVED FOR RECORD A.D.j9 AT OCLOCK MINUTES M. AND RECORDED IN BOOK _ PAGE _—OFLAND RECORDS ATTEST CLERK RECORDERS FEE SAMUEL S. BLOOMBERG ATTORNEY AT LAvl TWO OURLINGTON SQUARL BURLINGTON, VERMONT 054C' 2) Bagdan Right of Way Approval Section 11.35 of the Zoning Ordinance requires Planning Com- mission approval of a private right of way. The applicant should be informed of the restrictions on municipal. services, i.e., police patrols, school bus service, etc., on private roads. The right of way in question presently services some half dozen redidences, with a potential for becoming a City street when and if the adjoining property is developed. 3) Revised Access - Econo Lodge The revision to the approved plan consists of a paved connection to an abutting property, the Gulf Station. This secondary access point was discussed during the original site plan review but was not shown on the plan of record. I recommend a conditional (i.e., return for review in 1 year) approval based on the fact that a) this access is not con- spicuously visible from Williston Rd. and b) the Gulf Station is a natural stop - off for exiting motel traffic and this connector can reduce unnecessary turning movements on Williston Road. 4) Ridgewood Estates, Final Plan, Phase II (34 units) This project receiv6d preliminary approval in September, 1974 and final approval for Phase I (32 units) in June, 1975. The layout of buildings and parking areas appears adequate, and conforms to previous stipulations. Detailed utilities review should be completed by the City Engineer prior to issuance of any permits. Similarly, arrangements should be OK'd by the City Attorney. Landscaping plans should be reviewed and approved by the Tree Planting Committee. I also suggest the following: 1) recording of a plot showing building locations, paved areas, easements, etc., for phases I & II 2) formalization of the bike path agreement with an offer of irrevocable dedication and specific location shown on the plat. .Jctober 4, 1977 ?,,r. Lawrence Bagden 6 Cresent IToad Durlinqton, Ve:r,;-i,,.,;nt 05401 Dear I-Ar. Ba;den : Re advised that your request for a zoning variance wa<.: approved by the Zoning Board of Adjustmient. The Board kAll Issue their formal findings at a later date. This off ice will issue a permit upon your request, if you have y qu 'es -' -ions feel �-ree to contz,,ct me. -I Very trul,;', Richard Viard Zcning , 'Aministrative Officer RW/Mcg 4 PLANNING CCAYISSIbN SEPTEnER 27, 1977 Mr. Morency agreed with Mr. Page. 414r. Wessel said that the Commission gave no guarantee of approval later on, yet it did create an orderly way of taking care of people if more sewer capacity became available. Mr. Levesque felt that it was unfair to tag people on land that cannot be developed and felt that taxes on property such as this should be dropped until sewage capacity was available. Mr. Ewing said that taxes were based on the fair market value of land and if that land cannot be developed, the value should decrease. Mr. Rozendaal said that the commercial plan should go in because that is a highly desirable location, but thought that it might be limited to certain uses. Mr. Sinclair said that he lived in the development across the street for 20 years and that there would be great opposition to any commercial development across the street. Mr. Houghaboom agreed with Mr. Sinclair. The Commission decided to talk to the -City Attorney about this plan and to get his legal opinion -on hearing it or not. Request for approval of private right of way, 123 Holmes Road Extension Mr. Frank Spates spoke for Mr. Bagdan and said that there is presently a mobile home on the lot that he would like to remove and replace with a permanent structure. Access is from the Holmes Road Extension, which becomes a private road after it crosses the railroad tracks. Presently 5 or 6 homes are along that road. Mr. Page suggested that Mr. Bagdan agree not to ask the city to improve the road. Mr. Morency suggested that Mr. Spokes review this case also. Mr. Poger moved that the South Burlington Planning Commission approve the right of way for 123 Holmes Road Extension, Mr. Laurence Bagdan, with the stipulation that the City Attorney inform Mr. Bagdan of the limitations of city services on private roads. f ® We further stipulate that the city will not undertake the financial obligation of raising the road to city standards and that Mr. Bagdan should execute a formal waiver of this point. The motion was seconded by Mr. Morency and passed unanimously. Revised access plan, Econo Lodge Mr. Paul Graves said that many of the motel's customers had commented on how difficult it was to get out of the motel, get gas or repairs, and then come in aCain. He spoke with the owner of the Gulf station nearby and they agreed on an access between the two businesses. This is not meant to be an entrance or an exit and it cannot be seen from the road. He said that if it caused problems, it could be shut off easily. Mr. Poger said that he would haveliked to see the revised plan before it was consti-acted, and that he would feel better if this was a smaller road. He felt that it was a good idea, but did not reed to be two lanes wide. Mr. Ewing thought that perhaps speed dips would slow traffic down through there. Mr. Corolegor said that he thought that this might increase accidents in the area significantly if many cars came out of the gas station. Mr. Graves felt that this would g et some of the traffic off Williston Road, which would help. He did not mind having a speed dip. ;Mr. Poger suggested talking to the Police Chief about accidents here. siessrs. Schuele and Morency asked why the connector was there before permission had been given for it. Mr. Graves said that he had not considered it to be a significant thing and thought that the Planning Commission had teen encouraging connections between businesses in order to get some traffic of the major roads. Mr. Poger moved that the Planning, Commission pcstDone consideration of this issue for two weeks while Steve PaEe checks with the :olice �eyartment on the number of traffic accidents and oro'cable causes. The motion was seconded by :Mr. 'Morency. :Messrs. `vessel, Levesque, and Rozendaal voted no, the rest voted yes, and the motion carried. Wep0mbor 19, 1977 Vt. LLuranne haiden 6 Cresent "ou, Purlingtong Vermont 05401 Dear Mr. Dagden: 1C advised th0 the South Furliwton loning Pard of Adjustyent will hold a nublfc meeting at the City 1;a!19 Conference Rrm, 117 'Alliston Road on L�nnujayj PcHber 3, 1977 at 50C p,,, to consider your request for a zoning variance. -lease plan to attend. Very truls, Richard Zard Zoning Administrative Officer An I Y unt 0, YK 'is LEW";nce Y; jdar,, 6 crescp'�.' .!"I jlcrllngton, Verk . 5 '03 Bandan: Nis letter is to inf ZOOM 110prd of AdjuAment = y p T,& t�, Tuth Nrlingt n City Hall, will UK " Id a rogulor ma.ting at the bond an n,nday, u�ust 15, 1577 rence �onm, 1175 Alliston request O)r a z minC vowignce. t, c nsW r your - R '-se -,L,!n W. attend this mceting. Vory truly yurs, 5te-hen rage, WAWA anin- Zicer S1 /Kcg N 0T ICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to�the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner, Property location & description Variance of Section numb e r Basis of appe title of section I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signature of Appellant E SOUTH BDRLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117,Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on day of week following: at to consider the month and date) � (time) Appeal of �",. �t.'.'' seeking a from Section A E of the South Burlington Zoning Regula- tions. Request is for permission to David Antone Lot in question is zoned Airport Industrial Existing structure is presently used a:. c::ntractor's facility; proposed use conversion is to an Automobile Repair Shop which is a conditional use (Automobile Service Station, 9.101� Use conversion entails no structual alterations, no building permit is necessary. #2 Property is zoned B PD Robert Bensen Presently, two uses are in operation on this lot: Tennis building and courts, and paddle tennis courts and shelter; the paddle tennis facility received multiple use approval from the Zoning Board of Adjustment on 12/2/74. Current proposal is to build a 121 x 121 office builaina onto the existing paddle tennis warm up shelter, for use by Vx. Bensen in connection with the paddle tennis business and his investment business. #3 Lawrence Baodan The area is zoned R49 with a strip of CO along the lakeshore, extending 1501 inland from the high i,,ater level Property in question is a vacant 1001 x 1901 lakeshore lot at 123 Holmes Road. The proposal is to construct a single family dwelling to within approximately 100-1201 of the top of the banr: or approximately 140 from the apparent high water mark. #4 San Remo Realty Corp. Area Zoned BPD Property in question is a pr e-exis=ing lot, % acre in size, with non -conforming 40t x 801 structure (present side yard is 251 - 301 _ required; present front yard is 401 - 75t required). Proposal is to make $5,000 in interior renovaticns to an existing building appraised at $30,000, to accomodate a fork lift sales rental, and service business, which is a conditional use under section 8.103 of the ordinance. 0 di 0 t >i ..,. h ems• 'W `R (may �« ` r C3 ,_._.�,...!^ 1 \"lib i�1�. � �_...i,..i..... i.«,J s_J• ,_,i iti I. .� - � •"__ `...,,,� n c i 1 / ��nl 1jjj