Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 0025 Imperial DriveA State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation June 3, 2002 Steve Dunn 31 Imperial Drive South Burlington, VT 05403 Dear Steve: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802) 879-5656 Subject: Case Number EC-4-1478, Lot 1OR Located off Imperial Drive in the City of South Burlington, Vermont. This letter is in response to our meeting on May 3, 2002 and your letter to me dated May 5, 2002 regarding the above subject property. Subdivision Permit #EC-4-1478 approved Lot 1 OR being 0.57 acre in size with one existing single family residence. You advised me that there exists a second building on the property which did contain kitchen plumbing fixtures which would allow it to be considered a second living unit as defined by this office. You chose to remove the kitchen sink and cap the water supply and sanitary waste plumbing within the wall of the second building. The second building no longer meets this office's definition of a separate and distinct living unit with the elimination of the kitchen sink. Therefore it is my opinion that Lot 1OR is now in compliance with the conditions of Subdivision Permit #EC-4-1478. Please note, the second building may not be used as a living unit independent of the single family residence nor for commercial uses without prior review and approval by the Wastewater Management Division. Further, this letter does not relieve you or future landowners of complying with all regulations administered by the City of South Burlington for the continued use of the second building. Please contact me at 1-802-879-5675 if you have any questions. Sincerely, Ernest P. Christianson Regional Engineer copies: City of South Burlington 100% Processed Chlorine Free TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury PLANNING COMMISSION 13 February 1996 page 7 d) The site plan shall be revise improved to include 35 foot r.adi sides, as shown on the Shelburne to show Imperial Drive_ 1 both north and south Rd. widening clans. 8. Prior to issuance of a zoning ermit the a licant shall post a bond to cover the cost of constr.uctina a sidewalk on Imperial 9. As expressly represented b the applicant, the a licant is ro osin to widen Imperial Drive to rovide se ar.ate left turn and right turn lanes. Said im rovement shall be completed2rior to issuance of a certificate of occu anc com liance. 10. The existinq four inch sewer servina the pool backwash shall be abandoned and capped at the connection with the existin six inch service. 11. The a22licant shall obtain a zonin er.mit within six months or this a r.oval is null and void. 12. The aRplicant shall obtain a Certificate of Occu anc Com- liance from the Administrative Officer prior to Occu2ancy of the building._ 13. Any chap e to the site plan shall require approvalby the South Burlin ton Planninq Commission. Mr. Beaudin seconded the motion. In the vote that followed the motion was defeated 1-6 with only Mr.. Beaudin votinq in favor. A brief recess followed. 4. Public Hearing: Final Plat application of Bernard & Nancy Barone, Gail Wyand and Mary Grunwald, for a boundary line adjustment involving lots of 0.73 acres and 2.02 acres, 25 Imperial Drive and 1330 Shelburne Rd: Mr. White explained that in the process of surveying for Uno's development, they discovered the driveway of the Barone house encroaches on the Handy Motel site. The application would reconfigure the property so that a wedge of land would go from the Handy site to the Barone site. The Barone driveway would then be on the Barone site. No issues were raised. Mr. Sheahan moved the Plannin application of Bernard and tia_ Grunvald for a boundar.v line Commissionapprove the finalplat Barone and Gail W and and Mar adjustment involvina 3,730 sauare PLANNING COMMISSION 13 February 1995 page 8 feet of land resulting in two reconfiqured lots of 0.73 acres and 2.02 acres 25 Im erial Drive and 1330 Shelburne Road, as depicted on a subdivision 2lat entitled "Proposed Conveyance W and & Gr.unvald to Barone Im erial Drive South Bur.lin ton Vermont re ar.ed by Pinkham EngineerincL Associates Inc dated 1/10/96. with the following stipulations: 1. All r.evious approvals and stipulations which are not super seded by this approval shall remain in effect. 2. The 2lat shall be revised to show the chan es listed below and shall re uire a roval of the CityPlanner.. Three copies of the approved revised 21atshall be submitted to the Cit Planner. prior. to recording, Thelat shall be revised to remove the-pro2erty line of #8 and lot #8a. b. The plat shall be revised to label the ro ert line which is to be dissolved as such on thelat. 3. Any chan e to the lat shall re wire a22roval_by the South Burlinaton Planninq Commission. 4. The final plat plan shall _be_recorded in the land records within 90 da s or this approval is null and void. The plan shall be si ned by the Planning Commission Chair or Clerk rior to recording. Mr. Austin seconded. Motion assed unanimously_ 5. Site plan application of Lee Diamond to convert 2500 sq. ft. of an 11,144 sq. ft. building used for kennel and hospital use to indoor recreation (music rehearsal space), 3017 Williston Rd: Ms. Diamond identified the building as the former Brown Animal Hospital. There would be no changes to the outside of the building. The facility would be used for a rehearsal studio for local bands. Rooms would be soundproofed. Most rehearsals occur between 7-10 p.m. or 8-11 p.m. Mr. Crow raised the question of noise. Ms. Diamond.said all sound would be kept within the building and rooms would be soundproofed so several bands could rehearse at the same time. Mr. weith noted there are residences several hundred feet away. Dr.. Brown, who owns the property, said there are presently several curb cuts, and the plan is to eliminate one of these. Mr. Weith noted that staff recommends 2 be closed. Dr. Brown said he would go along with the one between PJ's and the house PINKHAM ENGINEERING ASSOCIATES, INC. The Maltex Building 431 Pine Street - Suite #20 BURLINGTON, VERMONT 05401-4726 TEL (802) 658-5588 �{ FAX (802) 658-3629 TO WE ARE SENDING YOU Attached ❑ Under separate cover via > ❑ Shop drawings Prints ❑ Plans ❑ Copy of letter �❑ Change order ❑ ILIEVUIM OIP' 4 0 LJVQ3LJVLJ UUZ%1L DATE � JOB N(L,,,., ATTENTION RE: the following items: ❑ Samples ❑ Specifications COPIES DATE NO. DESCRIPTION E THESE ARE ARE TRANSMITTED as checked below: ❑ For approval For your use As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit _ ❑ Return copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO s SIGNED: if enclosures are not as noted, kindly notify us at once. PINKHAM ENGINEERING ASSOCIATES, INC. The Maltex Building 431 Pine Street - Suite #20 BURLINGTON, VERMONT 05401-4726 TEL (802) 658-5588 FAX (802) 658-3629 WE ARE SENDING YOU Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order IUEUVIEQ @P u D ° m"NODUM°- IL the following items: ❑ Plans (( ElSamples ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Resubmit ❑ Submit copies for approval copies for distribution ❑ Returned for corrections ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: - (� �c.. if enclosures are not as noted, kindly notify us at once. State of Vermont SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Case #: EC-4-1960 Environmental Protection Rules PIN #: EJ96-0043 Effective September 10, 1982 Applicant: Gail Wyand, Mary Grunvald and Bernard J. & Nancy Barone Address: 1330 Shelburne Road South Burlington, Vermont 05403 This project, consisting of a minor boundary line change between two pre-existing lots by the conveyance of 3,730 square feet from Gail Wyand and Mary Grunvald to Bernard J. & Nancy Barone located off Imperial Drive in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 1. The project shall be completed as shown on the plans Project No. 7226, Sheet 1 of 1 "Site Plan" dated 1-15-96 prepared by Pinkham Engineering Assocites, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 3. This project has been reviewed and is approved for the existing single family residence on lot shown as Bernard J. & Nancy Barone Lot 8 and the 3,730 square feet identified by this permit. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division , and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. 4. This project has been reviewed and is approved for the construction of the restaurant approved in Water Supply and Wastewater Disposal Permit WW-4-0924 on the approved lot identified as Pizzeria Uno. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-1960 Page 2 5. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. 6. This permit is being issued pursuant to Section 2.02.N (2) of the Environmental Protection Rules. The project involves a minor property line change. Due to the negligible potential for adverse environmental impact, the Division is issuing the permit without requiring submission of detailed information on the water supply and sewage disposal systems. Dated at Essex Junction, Vermont this 15th day of March, 1996. William C. Brierley, Commissioner Department of Environmental Conservation By Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Pinkham Engineering Associates, Inc. E� State of Vermont Case #: PIN #: Applicant: Address: WATER SUPPLY AND WASTEWATER DISPOSAL PERMIT LAWS/REGULATIONS INVOLVED WW-4-0924 Environmental Protection Rules EJ96-0043 Effective September 10, 1982 Mary Grunval and Gail Wyand 1330 Shelburne Road South Burlington, Vermont 05403 This project, consisting of replacing an existing 26 unit motel (known as Handy's Motel) with a new structure to be used as a 170 seat restaurant- (based on two meals per day) located at the corner of Route 7 and Imperial Drive in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 1. The project shall be completed as shown on the plans Project No. 7226, Sheet 1 of 1 "Site Plan" dated 12-11-95 revised 1- 3-96 prepared by Pinkham Engineering Associates, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. The Wastewater Management Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. 3. No alterations to the building other than those indicated on the approved plan or Water Supply and Wastewater Disposal Permit, which would change or affect the exterior water supply or wastewater disposal or the approved use of the building shall be allowed without prior review and approval from the Agency of Natural Resources. 4. A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. 5. In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. Water Supply and Wastewater Disposal Permit WW-4-0924 Page 2 6. All conditions set forth in Subdivision Permit #EC-4-1960 dated March 15, 1996 shall remain in effect except as modified or amended herein. WATER SUPPLY 7. The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 8. The project is approved for connection to the South Burlington wastewater treatment facility for a maximum of 4590 gallons of sewage per day. 9. The sewer collection system herein approved shall be routinely and reliably inspected during construction by a Vermont -registered professional engineer who shall, upon completion and prior to occupancy of the subject establishment, report in writing to the Wastewater Management Division that the installation was accomplished in accordance with the approved plans and permit conditions. Dated at Essex Junction, Vermont this 15th day of March, 1996. William C. Brierley, Commissioner Department of Environmental Conservation By JQ*9eZ' 4 Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Water Supply Division Department of Health Department of Labor and Industry Pinkham Engineering Associates, Inc. �'� � � •,' Yam' 2/13/96 MOTION OF APPROVAL BARONE, WYAND & GRUNVALD I move the South Burlington Planning Commission approve the final plat application of Bernard and Nancy Barone, and Gail Wyand and Mary Grunvald for a boundary line adjustment involving 3,730 square feet of land resulting in two (2) reconfigured lots of 0.73 acres and 2.02 acres, 25 Imperial Drive and 1330 Shelburne Road, as depicted on a subdivision plat entitled "Proposed Conveyance Wyand & Grunvald to Barone, Imperial Drive, South Burlington, Vermont", prepared by Pinkham Engineering Associates, Inc., dated 1/10/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plat shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plat shall be submitted to the City Planner prior to recording. a) The plat shall be revised to remove the property line separating lot #8 and lot #8a. b) The plat shall be revised to label the property line which is to be dissolved as such on the plat. 3. Any change to the plat shall require approval by the South Burlington Planning Commission. 4. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planing Commission Chair or Clerk prior to recording. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 13, 1996 agenda items Date: February 9, 1996 3) GAIL WYAND & MARY GRUNVALD - RESTAURANT - SITE PLAN This application was continued from the January 9, 1996 meeting (minutes enclosed). Staff's January 9, 1996 memo is enclosed for your review. Enclosed is a letter from VAOT dated 2/2/96 in which they indicate that a signal is not warranted at Shelburne Road/Imperial Drive intersection. 4) BARONE, WYAND & GRUNVALD - BOUNDARY LINE ADJUSTMENT - FINAL PLAT This project consists of a boundary line adjustment between two (2) adjoining properties of 28,010 square feet and 91,860 square feet resulting in two (2) reconfigured parcels of 31,740 square feet and 88,130 square feet. Subdivision approval is necessary for this boundary line adjustment because adding land to the smaller lot will make it capable of subdivision into more lots than before the adjustment. The sketch plan was reviewed on January 9, 1996 (minutes enclosed). These properties located at 1330 Shelburne Road and 25 Imperial Drive lie within the Cl and R4 Districts. They are bounded on the east by a single family residence, on the north by Imperial Drive, on the south by a commercial building and undeveloped land, and on the west by Shelburne Road. Access: Access to the residence at 25 Imperial Drive is currently across the northeasterly portion of the property at 1330 Shelburne Road. This adjustment is to convey 3730 square feet from the 1330 Shelburne Road property to the 25 Imperial Drive property. This will result in the access to 25 Imperial Drive being on its own property. No access changes proposed. Lot size/frontage: The minimum lot size requirements of 9500 square feet in the R4 District and 40,000 square feet in the Cl District will be met. The parcel at 25 Imperial Drive will increase in size from 28,010 square feet to 31,740 square feet. Memorandum - Planning February 13, 1996 agenda items February 9, 1996 Page 2 The parcel at 1330 Shelburne Road will decrease in size from 91,860 square feet to 88,130 square feet. The minimum frontage requirement of 80 feet will be met in the R4 District and the minimum frontage requirement of 120 feet will be met in the Cl District. The frontage for 25 Imperial Drive will increase from 100 feet to 150 feet. The frontage for 1330 Shelburne Road along Imperial Drive will decrease from 500.85 feet to 450.85 feet. Setbacks: Setback requirements will be met. Other: --- lot 8#A has been merged with lot #8, therefore the property line separating them should be removed. --- the property line which is to be dissolved should be labeled as such on the plat. 5) LEE DIAMOND - INDOOR RECREATION - SITE PLAN This project consists of converting 2500 square feet of an 11,144 square foot building used for kennel and animal hospital use to indoor recreation (musical rehearsal space). A portion of the property is leased to the adjacent auto dealer for vehicle display. The ZBA granted the applicant a conditional use permit on January 8, 1996 for the proposed use. This property located at 3017 Williston Road lies within the IC District. It is bounded on the north by Williston Road, on the east by Shunpike Road, on the south by undeveloped property and on the west by an auto dealership. Access/circulation: Access to the property is currently provided by four ( 4 ) curb cuts on Williston Road. The two ( 2 ) easterly curb cuts serve the parking lot and the westerly most curb cut is shared with the auto dealership. A curb cut located in between the curb cuts to the parking lot and the curb cut for the auto dealership is proposed to be closed as part of this application. Staff suggests that one (1) of the two (2) curb cuts serving the parking area be closed. A revised plan should be submitted showing this revision and the areas abandoned for driveways be seeded. THE BEARINGS SHOWN ON THIS PLAN ARE MAGNETIC AND REFERENCE PLATS ARE RELATED TO AN OBSERVATION ON 11/20/95. BEARINGS ARE TO BE USED ONLY AS AN AID IN DETERMINING ANGULAR "LAUREL HILL SOUTH" BY L.H. W,LLIS,'C.E. AUGUST 1963, VOL. 49 PG. 93 RELATIONSHIPS BETWEEN LINES. RECORDED 8/28/63 NO SITE ASSESSMENT OF HAZARDOUS OR OTHER WASTE SURVEY OF "SCOTT HAZELTON" BY FRED KOERNER. C.E. DECEMBER 1989, MATERIAL WAS PERFORMED AND PINKHAM ENGINEERING ASSOCIATES VOL. 275 PG. 34 RECORDED 3/28/96 OF LOTS 8, 9, 10, 11 REVISED, TAKES NO RESPONSIBILITY FOR ANY MATERIALS OR CONDITIONS LAUREL HILL SOUTH WHICH MAY EXIST ON THIS SITE. THIS PARCEL IS NOT IN A FLOOD ZONE BASED UPON FIRM "COMPOSITE SURVEY FOR BLODGETT PROPERTY DEV." BY FITZPATRICK- PANEL NO. 50001950005B. LLEWELLYN DATED 1988 REVISED 11/4/88 VOL. 252 PG. 101. THIS PLAT CONFORMS TO THE REQUIREMENTS OF 27 VSA 1403. R.O.W. PLAN VTAOT PROJECT F-EGC-019-4(19) DRAWING NO. 33 SHEET 26 OF 127 SHELBURNE ROAD " LEGEND LEGEND - - PROPERTY LINE -6 HYDRANT — — — — — — SETBACK LINE 0 GATE VALVE '-----W------ WATER LINE 0--• UTILITY POLE W/GUY -----55-----SEWER LINE ® MANHOLE -----ST------STORM LINE 83 CATCH BASIN G GAS LINE SIGN —0H/ELEC/M/CATV— OVERHEAD ELEC/TEL/CAN O LIGHT POLE UG/ELEC/TEL/cATV— UNDERGROUND ELEC/TEL/CAN 0 IRON PIPE FOUND -- —=ter - WOOD FENCE 0 IRON ROD FOUND X iE —X CHAIN LINK FENCE MONUMENT FOUND — — -- —APPROXIMATE RECORD LINE STAIRS . ",.r. LAND OF IL WYAND & MART CRUNVALD ZONING I ZONING V.373 PG.18 DISTRICT DISTRICT VOL. 373 PG. 123 C-1 I R-4 2.11 AC. I-.09 AC. TO BARONE I VOL. 56 PG. 336 I ` 2.02 AC. REMAINING In TOP OF SLOPE 65' (CUT AREA FOR PLAZA BUILDING SETBACK FROM 3 INVESTMENT PARKING LOT I R-4 ZONING DISTRICT EXISTING PER VERBAL AGREEMENT I6 N MONUMENT CONCRETE N WITH HANDY PER DOUG & W/ REBAR niI GAIT WYAND) I al TITLE TO GEORGE P. HANDY & CECILE S. HANDY OWNER OF RECORD 1. VOL 39 PG. 523 BERNARD J. & NANCY BARONE 2. VOL. 39 PG. 524 1. VOL. 369 PG. 97 14,085 S.F. 3. VOL. 56 PG. 336 2. VOL. 381 PG. 457 13.885 S.F. 4. VOL. 63 PG. 430 3. PROPOSED FROM WYAND & GRUNVALD 3,730 S.F. 5. VOL. 66 PG. 187 PROPOSED TOTAL 31,700 S.F. 6. VOL. 294 PG. 576 GRAPHIC SCALE mumlooloununauga` AaoP�F OF V ego 40 0 YO 10 g0 160 ` LARRY D. YOUNG ( IN FEET) * NO. 568 1 inch = 40ft. 4 >} a S -=v�--- _ S 75' -04, -38 � 84.30' " t00.2a' (t00'_DE ED) (84.00' DEED) E„ P.O.B. OF VOL. 63 PG. 43D NORTHWEST ("SOUTHWEST' EXISTING 1' IRON PIPE 1" IN DEED IS INCORRECT) CORNER OF LOT 8 I N CALCULATED POINT RECORDMONUMENT NOT FOUND I N I I O � HOUSE I to BERNARD J. & NANCY BARONE LOT 8 14,085 S.F.(VOL. 9PGGP. SCOTT E. HASELTON aI> XEXISTING 66VOL 187)97 "' I£ 3°� I GRANITE BOUND 06 �3�6 ( Dr S 86'-36'-34" E 1.17' I OF CALCULATED CORNER 1 +,2AOEEo .1 I r �12A ut N i BERNARD J. & NANCY BARONE +Iw I LOT 8A DII I 13,885 S.F. I VOL. 381 PG. 457 ¢ (VOL. 294 PG. 576) JSTING r EXISTING 1 IRON PIPE ,2,. I.P. �1" KttlAK do l:Al- ��+ 158•BW 80-4 N/F DENNIS L. BLODGETT & GERALD C. MILOT VOL. 218 PG. 395 EXISTING 1" IRON PIPE PbSED BARONE LOT R;: k 31740 S.F. •'a JAN I is iYYU City of So. Bur{ingion THIS IS A CORRECT SURVEY TO THE BEST OF MY KNOWLEDGE BASED UPON CITY RECORDS, INFORMATION FROM DOUG & GAIL WYAND AND PHYSICAL EVIDENCE FOUND BY AN EDM/TOTAL STATION FIELD SURVEY PERFORMED IN NOVEMBER & DECEMBER OF 1995. THIS PLAT AGREES WITH RECORD INFORMATION WITH THE EXCEPTION OF MINOR DISCREPANCIES AS NOTED. THE PURPOSE OF THIS SURVEY IS TO SHOW THE SUBDIVISION OF THE 3,730 S.F. PARCEL FROM WYAND & GRUNVALD TO BE CONVEYED TO BARONE. PEA avm -. erxr i'lY n .0 c�1 •,.yr NPN _TD LDY fipe,rr . Mvr . [oMa,p .LoYHrh " L,�p� The uelte: Building 431 Pine St.. Burlington, VT 05401 SUBDIVISION PLAT °AIT 1/10/96 OPOSED CONVEYANCE CPAN WYAND do GRUNVALD i HOF 1 TO BARONE PWarcr NO. IMPERIAL DRIVE 7799 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 12, 1996 David G. White David G. White & Associates, Inc. P.O. Box 1007 Burlington, Vermont 05402 ZONING ADMINISTRATOR 658-7958 Re: Boundary Line Adjustment, 25 Imperial Drive & 1330 Shelburne Road Dear Mr. White: Enclosed is a copy of the January 9, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. JJoe 'ere Weith, Planner JW/mcp 1 Encl PLANNING COMMISSION 9 January 1996 page 9 warrants for a signal there. Mr. Hoechner felt the restaurant would be an improvement over what is there now, but the problem was safety of the road. He presented the Commission with a letter of opposition signed by 170 residents of the area. Mr. Behn said the problem is the cars on Imperial Drive. Mr. Nar.amor.e said fixing the end of Imperial Drive is nice but the applicant would be adding a lot of traffic. He felt people would go up Imperial Dr. through the residential neighborhood instead of using the Imperial/Shelburne Rd. intersection. Mr. Dunn noted that restaurants get food deliveries in the morning and trucks would create a problem getting out of the street in the morning traffic. Mr. Knight said the problem isn't the restaurant but the cuts in the road. At Talbots, people could use the light with an advance green to make turns and not have to worry about cutting across 2 lanes of traffic. Ms. Dunn said she would like to see a sidewalk. She felt that with the increase in traffic, people should be walking off the road. Mr. Mansfield felt safety is an issue. The restaurant would attract bus groups, and the left turn out is very dangerous even now. Even a right turn out is dangerous in the morning. Mr_. Mansfield also noted problems with traffic from Jakes. He said there is also a lot of pedestrian traffic at noon with workers from IDX walking in the area in good weather. Mr. Mansfield said there is a problem now with cars parking all over the place when Great Northern Stereo has a sale, and he felt restaurant users would do the same. Due to the late hour, Mr. Austin moved to continue the application until 13 February 1996. Mr.. Crow seconded. Motion passed unanimously. 8. Sketch Plan application of Bernard and Nancy Barone and Gail Wyand and Mary Grunvald for a boundary line adjustment between two adjoining properties of 28,010 sq. ft. and 91,860 sq. ft. resulting in two reconfigured parcels of 31,740 sq. ft. and 88,130 sq. ft., 25 Imperial Drive and 1330 Shelburne Rd: Mr. White said they discovered that the driveway for. the Barone's encroaches on land proposed for Uno's and they are trying to correct this. They propose to change the lot line so the PLANNINT COMMISSION 9 January 1996 page 10. Barone's own what they thought they owned in the first place. Mr. Weith said he had no issues with what is proposed. The Planning Commission also had no issues. As there was no further business to come before the Commission, the meeting was adjourned at 10:50 p.m. Clerk M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: February 13, 1996 Agenda Items Date: January 18, 1996 THE KENNEL (BROWN PROPERTY) - WILLISTON ROAD Site plan dated 12/18/95 is acceptable. WYAND & GRUNVALD TO BARONE- SUBDIVISION PLAN - IMPERIAL DRIVE Conveyance plan prepared by Pinkham Engineering dated 1/10/96 is acceptable. SHEARER OLDSMOBILE, CADILLAC, PONTIAC - SHELBURNE ROAD 1. There exists a major drainage system across this property. It should be shown on the plan. 2. There are easements for the water and sewer lines across this parcel they should also be shown. 3. The sidewalk is continuous across the two northerly driveways but not across the southerly one. TILLEY PROPERTY - HINESBURG ROAD 1) The new street when extended easterly will intersect the Digital Road. The Hinesburg Road intersection should be three lanes and Hinesburg Road should include widening for right and left turns. This road is State and permits for these will be required. 2) New street should have a sidewalk. 3) Lots should have shared curb cuts. 4) Power and telephone lines should be outside the street r.o.w. 5) New street shall include street lighting. . • .. a Au. JlaVy we 1 7 / VS. igs the media "I remember on our first trip we shouldn't the Buffalo Bills had, been there know by now three straight years - and it didn't lice .Hours: Mon. -Fri. 7:30 AM-6 P41 Sat. 8:30-12 Noon Outside Chittenden County: Superstore 1-800-479-4231 Price Gua Electronics Hours: T Mon.-Thurs. 9: 3 0-7: 00 Fri. 9:30-8:00 Sat. 9:30-6:00 Sun. 1 1:00-5:00 I.6 MD F $`83321 • Toll Free 00-427-3125 a Fax Number 802-862-5622 1 ❑ments: made County. deposit Docu- ided to a Bid :he re- `y and 'f ndition !lowing ontract 3t bid - Ciders, )n and If not Docu- mined -e the ob- owing As - dens the :ent ac- in in- -he ow act ib- �n- on 'ol- ing er- nd a ,nt -e JI- of nn RdAL NOTICES request clarifications i the Bid Documents froi the Architect by contac ing Chuck Rinaldo at Eir horn Yaffee Pres Architecture & Engco neering, P.C. (Telephon 518-431-3430). Attention of bidders i, particularly called to the requirements as to mini mum wage rates to b( paid under the contract equal employment oppor tunity, and all other feder, al, New York State anc local requirements. No bidder may withdraw NO bid within 45 days after the actual date of the opening thereof. Essex County reserves the right to reject any and all bids not considered to be in the best interest of Essex County, and to waive any technical or for- mal defect in the bids which is considered by Essex County to be mere- ly irregular, immaterial, or unsubstantial. PLEASE TAKE FURTHER NOTICE that Essex Coun- ty affirmatively states that in regard to any contract entered into pursuant to this notice, without regard to race, color, sex or Viet- nam Era veteran status, disadvantaged and mi- nority or women -owned business enterprises will be afforded equal oppor. tunity to submit bids in response hereto. Dated: January 18, 1996 James E. Pierce Purchasing Agent Essex County Govern- ment Center Elizabethtown, New York 12932 518) 873-3330 January 20. 1996 — The South Burlington Condettted Nut COMM I 1 � LEGAL NOTICES if IPlanning Commission wi n hold a public hearing < the South Burlington Cit Hall, Conference Roo n t 575 Dorset Street, Soutl Burlington, Vermont of Tuesday, February 19 1996 at 7:30 P.M. to con Sider the following: Final plat application o Bernard and Nancy Bar one, and Gail Wyand anc Mary Granvald, for a boundary line adjustmenl involving 3,730 square feet of land resulting in two (2) reconfigured lots of 0.73 acres and 2.02 acres, 25 Imperial Drive and 1330 Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission January 20, 1996 REQUEST FOR BIDS Propane, Diesel Fuel and Heating Oil The Chittenden Solid Waste District is request- ing sealed bids from qual- ified gas/fuel dealers to provide propane, diesel fuel #2 and heating oil #2 to District facilities within Chittenden County from February 1, 1996 through June 30, 1997. Bids are due at the District office byy 2PM, January 26, 1996. Copies of the bid specifi- :ations and bid forms can )e obtained from the Dis- rict Office at 209 Red- nond Road, Williston, termont, or by calling 102-872-8100, 19 & 20, 1996 CHAMPLAIN VALLEY UNION HIGH SCHOOL No. 15 February 20, 19" Candmiod Next Call Z""legal voters of th (q�aamplain Valley Unio HlIh School District Nc Ip consisting of the town of Charlotte, Hinesburc, Shelburne and Williston are hereby notified ani warned to meet at the Champlain Valley Unioi High School aLoitorium a 790 p.m on Tuesday February 20, 1996 tc act upon the following ar Ucles: ARTICLE I: To elect the fgllowing officers and fix t it compensation: 1: Moderator 2. Clerk 3. Treasurer ARTICLE If: To authorize the Board of Directors to retain a public accountant, licensed in the State of Vermont, to audit the ac- counts and statements of the school district at the close of the fiscal year and report his or her find- ings to the district. ARTICLE III: To hear and act upon the reports of the Union High School District Officers. ARTICLE IV: To authorize I Board of School Di- rectors to borrow money by issuance of bonds or notes not in excess of anticipated revenues for the next fiscal year. ARMLE V: To authorize the I'd of School Dis- tric expend grant mon- ies, ';If any, which are refed by the School Dis from public or pri- vate` Sources during the 1996-IP97 school year. A, AR LE VI: To authorize theoard of School Di- rect" s to make available sch 11 facilities and equi " ent for specified publ `. purposes if those purpp=es appear to be in the feast interest of the residents of the District, due consideration being liven to efficient, eco- 10mical, and appropriate ise of the facilities and C-*W*d Next Cokil 1, I LEGAL NOTICES l equipment. ARTICLE VII: To autht rite the Board of Scho, Directors to borrow mot ey by issuance of note not in excess c $60,000.00 for the pw Pose of replacing th heating system boilers i the school facility with th remaining $40,000 ii costs for this project to bi derived from funds the District receives from IN Vermont School Board! Insurance Trust. ARTICLE Vill: To autho rize the Board of Schoo Directors to borrow Mon. ey by issuance of notes not in excess of $50.000.00 for the pur- pose of purchasing a school bus for the school district. ARTICLE IX: Shall the Union School District An- nual Meeting be held on the third Tuesday in Feb- ruary 1997, and each year thereafter, at 7:30 p.m. to transact any business not involving voting by Aus- tralian balloting. Further, shall all matters or busi- ness involving voting by Australian ballot be con- ducted on the first Tues- day in March 1997, each year thereafter, with vot- ing in the designated poll- ing places of the member districts. ARTICLE X: To transact any other business proper to come before said meet- ing. The registered voters and persons eligible to vote within the Champlain Val- ley Union High School District No. 15 consisting of the towns of Charlotte, Hinesburg, Shelburne and Williston, are hereby fur- ther warned and notified to meet in their respective polling places, hereinafter iamed, on Tuesday, February 20, loge, at r:00 R.M. at which time he polls will open, until r:00 p.m. at which time he polls will close, to Condnued Nut CWumn vote by Australian ball, upon the following article ARTICLE Xl: Shall th District approve th school budget o $8,129,400.00 for the yea beginning July 1, 199, and ending June 30, 199� as proposed by the Boar( of School Directors. Said voters and persom warned are further noti fied that voter qualifica. tions, registration. absentee voting, and vot. er procedures shall be in accordance with Chapters 43 and 51 of Title 17 VSA. Polling Places The voters residing in each member district will cast their ballots in the polling places designated for their district as fol- lows: Charlotte -Charlotte Cen- tral School Hinesburg -Town Hall - Upstairs Shelburne -Shelburne Vil- lage School Williston -Williston Central School Dated this 9th day of Jan- uary, 199G. Peter Battelle, Chairman Roberta Anderson, Clerk Received for record and recorded prior to posting this 9th day of January, 1996. Roberta Anderson, Clerk January 20, 1996 ABSOLUTELY FREE 2 tutoA FREE JUNK CAR REMOVAL Greater Burlington area. Rathe'a Salvage Tues- Fri 8-5. Sat 8-12 655-0651 auto-Shelburne/Swanton FREE JUNK CAR REMOVAL FREE - Disposal for all petal items & appliances; YOU DELIVER-893-3644 Rhoades Salvage SELL YOUR AUTO nn awv r,ur.t vov. ABSOLUTELY FREE t BUNNY Free , dwarf female black, very healthy. Call 862-1567 t DOG Lab mix, 2 yr of f spayed female. Goo temperament and gree family dog. Call 893-7607 LABRADOR Black, 6 me old, good with children needs someone who car give it lots of attentior and love. 864-1830. Pk-wv a Fro. Pro" Ctowi6sc od is your od to WSw tti. a you it with your VISA NE / 4 CHARLOTTE Great family with 2 energetic boys - we need a nanny! Loving after school care, house- keeping, errands. Live-in Mon. -Fri. or 7 days. Great pay. 836-3227. SHELBURNE Live-in Nanny Openings w/good families. Car helpful, good salary. 862-5218 STOWE Mary Poppins wanted, to provide child- care in our home for the most wonderful 7 mo old in the world. Wed-Thur-Fri 9am-6pm. Full time possi- bility, references manda- tory. 253-6208 after 7pm. OIFEREDRE/ 4A COLCHESTER Regis- tered daycare looking for children to care for in my home. Full time or part time. Call for more details, 658-2807. COLCHESTER Reg. day- care has full- & part-time openings. Breakfast, lunches & snacks pro- vided. Lots of space, fun & activities. 863-5940. ESSEX Rpgistered day care has 3 full time and 2 after school openings. All ages. Lunch/snacks pro- vided. Lots of fun/TLC. 878-2401 ERRISBURG Day care In my home, located So. )f Dakin farm on Rt 7. For nfo call Laura 425-3897 f 1, I t Sc LO FO pu ME de lin( 1/1 Happ Mahe Ne v and In espe ey an City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 9, 1996 David G. White David G. White & Associates, Inc. P.O. Pox 1007 Burlington, Vermont 05402-1007 ZONING ADMINISTRATOR 658-7958 Re: Boundary Line Adjustment, 25 Imperial Drive & 1330 Shelburne Road Dear Mr. White: Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski and myself. Comments from Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, February 13, 1996 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls cc: Bernard Barone please gi e me a call. Si cere y, e Weith ity Planner PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 13, 1996 at 7:30 P.M. to consider the following: Final plat application of Bernard and Nancy Barone, and Gail Wyand and Mary Grunvald, for a boundary line adjustment involving 3,730 square feet of land resulting in two (2) reconfigured lots of 0.73 acres and 2.02 acres, 25 Imperial Drive and 1330 Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission January 20, 1996 I M P E R I A L D R I V L i 1 t r t APED PROPOSED CONVEYANCE , P GTO BARONE r / 3,730 S.F. HOUSE BAR0NE LOT 8 14,085 S.F. 4r v r� r N/F r HAZELTON LAND OF `NYAND & GRUNVALD / / 1 ilt h r4, r� TOTAL PROPOSED BARONE LOT BARONS LOT SA 31,740 SF. 13,925 S.F. T'or-j t N/F PLAZA INVESTMENTS 159't N/F BLODGETT & MILOT I f GRAPHIC SCALE rcA SKErot PLAN �`��•• 7� P1tDPC6ED CONWYANCE M=� N'MPND t GRUNVKD City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 16, 1996 David G. White David G. White & Associates, Inc. P.O. BOX 1007 Burlington, Vermont 05402-1007 ZONING ADMINISTRATOR 658-7958 Re: Boundary Line Adjustment, 25 Imperial Drive & 1330 Shelburne Road Dear Mr. White: Enclosed are preliminary comments on the above referenced project from Fire Chief Wally Possich and myself. Comments from City Engineer Bill Szymanski will be forwarded when they are available. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, February 2, 1996. If you have any questions, RJB/mcp Encls please give mega' call. SinceiE y, . C�YdJ. RaYmoBelair, Zoning and Planning Assistant Preliminary Comments February 13, 1995 agenda items January 11, 1996 Page 2 --- staff recommends that the 50' setback area near the proposed TBA be very well landscaped. In addition, since a building is no longer proposed north of Janes & Jacob, staff recommends additional landscaping this area. --- staff suggests that a 50 foot green space setback be created along Dorset Street between Paquette and Delorme. BARONE, WYAND & GRUNVALD - BOUNDARY LINE ADJUSTMENT - FINAL PLAT --- lot 8A has been merged with lot 8 therefore the property line separating them should be removed. --- the property line which is to be dissolved should be labeled as such on the plat. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for February 13, 1996 Agenda Date: January 15, 1996 I have reviewed the following site plans and my comments are as follows: 1. Tilley Property Dated 12/13/95 Hinesburg Road Acceptable 2. The "Kennel" Dated 12/18/95 3017 Williston Road Acceptable 3. Mountain View Business Park Dated 12/13/95 Hinesburg Road Acceptable 4. U-Mall Expansion Dated 1/5/96 Dorset Street Project No. 6699.5 Acceptable 5. WYAND & GRUNVALD TO BARONE Dated 1/10/96 25 Imperial Drive Project No. 7226 Acceptable Memorandum January 9, January 5, Page 9 - Planning 1996 agenda items 1996 BARONE WYAND & GRUNVALD - BOUNDARY LINE ADJUSTMENT - SKETCH PLAN This project consists of a boundary line adjustment between two (2) adjoining properties of 28,010 square feet and 91,860 square feet resulting in two (2) reconfigured parcels of 31,740 square feet and 88,130 square feet. Subdivision approval is necessary for this boundary line adjustment because adding land to the smaller lot will make it capable of subdivision into more lots than before the adjustment. These properties located at 1330 Shelburne Road and 25 Imperial Drive lie within the Cl and R4 Districts. They are bounded on the east by a single family residence, on the north by Imperial Drive, on the south by a commercial building and undeveloped land, and on the west by Shelburne Road. Access: Access to the residence at 25 Imperial Drive is currently across the northeasterly portion of the property at 1330 Shelburne Road. This adjustment is to convey 3730 square feet from the 1330 Shelburne Road property to the 25 Imperial Drive property. This will result in the access to 25 Imperial Drive being on its own property. No access changes proposed. Lot size/frontage: The minimum lot size requirements of 9500 square feet in the R4 District and 40,000 square feet in the C1 District will be met. The parcel at 25 Imperial Drive will increase in size from 28,010 square feet to 31,740 square feet. The parcel at 1330 Shelburne Road will decrease in size from 91,860 square feet to 88,130 square feet. The minimum ironcage requireinenc of 80 feet will be met in the R4 District and the minimum frontage requirement of 120 feet will be met in the C1 District. The frontage for 25 Imperial Drive will increase from 100 feet to 150 feet. The frontage for 1330 Shelburne Road along Imperial Drive will decrease from 500.85 feet to 450.85 feet. Setbacks: Setback requirements will be met. Sketch Plan: The following information, which is required to be included on the sketch plan, was not provided. This information must be shown on the final plat. �7 Memorandum - Planning January 9, 1996 agenda items January 5, 1996 Page 10 --- name and address of the owners of record and applicant. --- boundaries of all the land belonging to Wyand and Grunvald. --- type of, location and size of all existing and proposed structures and utilities (water and sewer). --- existing zoning boundaries. --- location map Final plat: The final plat should indicate all the information for a sketch plan in addition to all the information required for a minor subdivision including a survey plat showing both properties. (Section 202.1 of the subdivision regulations). 10 CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Applicant: a. Owner(s) of Record: 1) Bernard & Nancy Barone, 25 Imperial Drive, So. Burlington, VT 05403; phone: 864-5243, and 2) Gail Wyand and Mary Grunvald, 1330 Shelburne Road, So. Burlington, VT 05403; phone: 862-9608 b. Applicant: Same c. Contact: David G. White, David G. White & Associates, Inc., 69 College Street, P.O. Box 1007, Burlington, VT 05402-1007; phone 862-1225 2) Name of Subdivision: Proposed Conveyance Wyand & Grunvald to Barone, Imperial Drive, South Burlington, Vermont 3) Indicate any change to name, address or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: None. 4) Indicate changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or development timetable, since preliminary plat application: None. 5) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. See subdivision plat titled "Proposed Conveyance Wyand & Grunvald to Barone, Imperial Drive, South Burlington, Vermont", dated 1/10/96, prepared by Pinkham Engineering, project no. 7226. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under 204.1 (b) for a major subdivision. None. r t /It � Signature of Contact Person lbate David G. White City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 5, 1996 David G. White David G. White & Associates, Inc. P.O. Box 1007 Burlington, Vermont 05402-1007 ZONING ADMINISTRATOR 658-7958 Re: Boundary Line Adjustment, 25 Imperial Drive & 1330 Shelburne Road Dear Mr. White: Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please be sure someone is present on Tuesday, January 9, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. cere�y, 'Z� C J e Weith, City Planner JW/mcp Encls M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: January 9, 1996 Agenda Items Date: January 4, 1996 GAIL WYAND & MARY GRUNVALD - SHELBURNE ROAD 1. Existing four inch sewer serving pool backwash shall be abandoned and capped at the connection with the existing six (6) inch service 2. With the main entrance off Imperial Drive, a sidewalk is warranted on Imperial Drive due to the increase in traffic. 3. The radius of the curbing of the widening on Imperial Drive should be at least 35 feet to accommodate school busses. BARONE, WYAND/GRUNVALD - IMPERIAL :DRIVE The subdivided parcel should have exact dimensions as shown on the site plan and not ±. PRECOURT INVESTMENT COMPANY - WILLISTON ROAD Site plan prepared by Brian Precourt dated November 10, 1995 and revised November 30, 1995 is acceptable. COMMERCE SQUARE - WILLISTON ROAD The updated site plan received December 1, 1995 is acceptable. TIMBERLAKE ASSOCIATES - WILLISTON ROAD 1. Abandoned sewer services shall be capped at the main. 2. Granite curb for work on Williston Road may be available at City Street Department. That and the entrance construction shall be coordinated with City Street Department. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for January 9, 1996 Agenda Date: December 29, 1995 I have reviewed the following site plans and my comments are as follows: 1. Commerce Square Hinesburg Road Acceptable 2. Gail Wyand & Mary Grunvald 1330 Shelburne Road Acceptable 3. Precourt Investment Company 1160-1174 Williston Road Acceptable 4. Barone, Wyand & Grunvald 25 Imperial Drive & 1330 Shelburne Road Acceptable 5. Timberlake Associates 801 Williston Road Acceptable Dated 6/12/95 Project #86141 Dated 12/11/95 Project No. 7226 Dated 12/13/95 Dated 12/21/95 Project No. 7226 Dated 11/9/95 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner(s) of record Bernard and Nancy Barone - 25 Imperial Drive So. Burlington Vermont 05403 864-5243 Gail Wyand and Mary Grunvald - 1330 Shelburne Road So. Burlington Vermont 05403 862-9608 b. Applicant c. Contact David G. White - P.O. Box 1007 Burlington, Vermont 05402-1007 862-1225 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). This application is for a proposed boundary adjustment to convey from Wyand and Grunvald to Barone an area of approximately 3,730 sf on which Barones' driveway is located { 3) Applicant's legal interest in the property (fee simple, option, etc.) Fee simple 4) Names of owners of record of all contiguous properties See Sketch Plan 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. None 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: 8) Submit five copies and one reduced copy (81h x 11, 8'/2 x 14 or 11x 17) of a Sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of. (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surroundixg area. (Signature) applicant or contact person C (Signature) applicant or con ct person I-� I.P3 S- Date )a-Q3"9 Date PAUL, FRANK & COLLINS R. Allan Paul Joseph E. Frank Peter M. Collins John T. Sartore (NY) B. Michael Frye Anthony B. Lamb Alan D. Port Robert G. Cain (NY) S. Crocker Bennett, II Robert S. DiPalma Stephen T. Soule (NH) Gail E. aefner Stephanie J. Mapes Kenneth R. Appleby (DC, MD) Stephen G. Norten Elizabeth J. Grant (MA) Christopher McVeigh (NE, NY) 31 ATTORNEYS AT LAW ONE CHURCH STREET P.O. BOX 1307 BURLINGTON, VERMONT 05402-1307 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair: TELEPHONE (802) 658-2311 TELECOPIER (802) 658.0042 August 18, 1995 INC. John H. Draper, IV Jan $ Bernascom VA David BorsykowskY3Matthew E.C.fer William D. Riley Mark G. Hall April Shafer Johnson David TTn S ielman (OH) JobBeiswenger Diana C. Agnew (C O) Robert T Grenier M OF COUNSLA) The problem regarding Lot 8A of the Scott Haselton Subdivision was resolved today with the closing of a sale of that lot to Bernard J. Barone, Jr. and Nancy M. Barone. Thank you for your cooperation in this matter. Sincerely yours, PAUL, FRANK & COLLINS, INC. ?oseph E. Frank JEF:bac cc: Mrs. Gail E. Wyand Mrs. Mary H. Grunvald DIA3: [USER.BCOUTU. WP.JEF.HANDY]BELAIR. V eF.-56—Pq-•336- -April 3r +96F IMPERIAL DRIVE 84.00 VO ap i1 30 •' YA z,,�d $u%a e-a k $�„ d T. $aLt,gA T- �.,� N�cY A, Bayo.4e o. 40'• AREA 13926 sq.ft O 0 LOT 8A n Lot 8A to be tronsfered to 34.00 George P. and Cecile Handy 53,, S`go Plaza Investments a �`9 V Vol. 272 Pg. 218 16' 6 O•. November 15, 1988 `r 200 158.81 16 STATEMENT This Information shown was compiled from survey work on the ground and deeds and maps of record. Fred C. Koerner C.E. �06e i0 LOT 9R N AREA 18378 sq.ft. yp� r- Existing Concrete Monument 116.00 94.95 /01 erI•� �J6 �• LOT IOR N AREA 24929 sq.ft, 9v. 1 0 6� o 9332' oR�h 3`T3'. 04.)h 104-72 .. 03'• 0rO 82.09 _ -- between Thomas A. �i rr�une 7, 197B Bandary Line Agreement Vol. 143 Pg- anti Dorothy Melendy Hoselton, A"0o ats DAMM-t-Sto'dgeM Vol_-24-- .-396 Beeember-t&;'--M" 0 15 30 60 90 120 150 I mart rM i Graphic Scale 163e12.30" 196°47'36' LOT IIR m AREA 17385 s%ft. 0 1 OIT Al 9se 00. Constance D. Snyder Vol. 93 Pg. 506 November 25, 1974 NOTE Information for Lots 9, 10 and II taken from Plan of Lots, Laurel Hill South, Vol. 49 Pg. 93, August, 1963. RECEIVED FEB 13 1995 City of So. Burlington MEMORANDUM To: Project Files From: Raymond J. Bela k, Zoning and Planning Assistant Y 9 Date: February 27, 1995 Re: Preliminary Comments, March 14, 1995 Agenda Items EASTERN CONSULTING - LIGHTING CHANGES - SITE PLAN Site Plan should be revised to show: --- all existing and proposed landscaping --- lot size --- location of nearest fire hydrant --- trash storage building --- at least one (1) handicapped parking space --- existing sidewalk along Hinesburg Road --- bike rack (required under Section 26.253 (b) of the zoning regulations). Other Comments: --- provide gross square footage of service station --- provide details of existing and proposed overhead canopy downlights (i.e., wattage, type of light) --- the 7/24/84 approval required that there be six (6) parking spaces at the north eastern corner of the lot. Site plan submitted shows only five (5) spaces at this location. --- provide point by point lighting plan, a maximum illumination at ground level can not be in excess of an average of three (3) foot candles. WYAND & GRUNVALD - RESUBDIVISION - SKETCH PLAN Sketch plan should be revised to include the following additional information: --- addresses of owners of record and applicant --- show type of, location, and approximate size of existing water and sewer mains --- location map --- the plan should show clearly to which lot, lot #8A will be merged. The City will not approve the creation of a lot which does not have access to a public street. Preliminary Memo - Planning March 14, 1995 agenda items February 27, 1995 Page 2 Other: --- if lot #8A is to be merged with Wyand and Grunvald property, the plat will have to show the entire lot. EUGENE WARD - LANDSCAPING CREDIT - SITE PLAN --- the Planning Commission is not required to consider an application for a property where it has previously approved development unless certain conditions are met (see enclosed memo). Applicant should submit a written statement demonstrating that one of these conditions is satisfied. --- plan shows seven (7) Potentilla plants proposed yet this application is for no additional landscaping --- plan should show a bike rack as required under Section 26.253(b) of the zoning regulations NOYES, NELSON & HEINDEL - ADD OFFICE SPACE - SKETCH PLAN --- sketch plan should include graphic scale and location map --- provide gross square footage of additional office area --- provide total number of employees with the expanded office area --- provide bike rack as required under Section 26.253(b) of the zoning regulations --- plan should note that the easterly boundary line is the zoning boundary between the Cl District to the west and the R4 District to the east --- provide lot coverage information including front yard coverage information along both Shelburne Road and White Place --- it appears that there won't be enough parking to serve the expanded office use. Applicant should conduct a parking count study to justify expanded office area. --- this application is not guaranteed a spot on the 3/14/95 agenda until the above items are addressed. L&M PARTNERSHIP - SITE REVISIONS - SKETCH PLAN --- the parking stall and aisle width dimensions proposed for the northerly portion of the sub -surface parking area are City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 10, 1995 Joseph E. Frank, Esquire P.O. Box 1307 Burlington, Vermont 05402 Re: Resubdivision, Imperial Drive Dear Mr. Frank: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 14, 1995 at 7:30 P.M. to represent your request. If you have any questions, please giv me a call. in e Jo Weith, Ci' Planner JW/mcp Encls f - ��.,P ter,✓ -e.��� h Memorandum - Planning March 14, 1995 agenda items March 10, 1995 Page 8 office use. Therefore, no additional traffic is expected from the current proposal. Sewer: No additional allocation needed. Lighting: No changes. 8) WYAND & GRUNVALD - RESUBDIVISION - SKETCH PLAN This project consists of the resubdivision of a three (3) lot subdivision approved on 3/20/90 (minutes enclosed). One of the conditions of that approval was that lot #8A be merged with the property to the north (25 Imperial Drive). This merger took place on June 14, 1990. On 9/28/94 25 Imperial Drive was sold without lot #8A thereby creating an illegal subdivision. Staff discovered this violation and so notified the applicants. This application was submitted to correct this violation. The applicant wishes to subdivide lot #8A as a separate lot to be merged in the future to some unidentified adjoining property. The plan should show to which lot, lot #8A will be merged. The City should not approve the creation of a lot which does not have access to a public street. This property (lot #8A) is located southerly of 25 Imperial Drive and lies within the R4 District. It is bounded on the east and north by a single family dwelling, on the west by a motel owned by the applicants and on the south by undeveloped property. Sketch plan requirements: The sketch plan does not comply with the requirements of Section 201 of the subdivision regulations. This section requires that sketch plans contain certain information. Staff requested this information from the applicant but it was not provided. The missing information includes: --- addresses of owners of record and applicant --- the type of, location and approximately sizes of existing water and sewer mains. --- location map Access: Lot #8A has neither frontage nor access to a public street. The revised final plat should either provide a r.o.w. to lot #8A or show with which lot, lot #8A is to be merged. C Present wording of stipulation 2: 2. This approval is contingent upon the transfer and merger of lot 8A to the property to the north which is owned by George and Cecile Handy. Lot 8A shall not exist as a separate lot. Proposed wording of stipulation 2: 2. This approval is contingent upon Lot 8A being owned in common with an adjacent property at all times. Lot 8A shall not exist as a separate lot. [bcoutu.jef.4648_0 ] ]sap.Ing ' y ��s VOL 4� PagoAft t�i� oM� 4=�`- a�.-19—?o at /o3o4 ReoordE.�; it Von a q—_._...y 9url ioi ,� OnM�:.57g WARRANTY DEED • 4W" A- PkXCt ftj Cb* THAT, I, SCOTT HASELTON, of South Burlington, in the County of Chittenden and State of Vermont, GRANTOR, in the consideration of TEN AND MORE DOLLARS paid to my full satisfaction by GEORGE P. HANDY and CECILE S. HANDY, husband and wife, of South Burlington, in the County of Chittenden and State of Vermont GRANTEES, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said GRANTEES, GEORGE P. HANDY and CECILE S. HANDY, husband and wife, as an estate by the entirety, and their 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: LATNAL. EAS—. SC—EV 6 TETZI, ATT Eys ) LAIN STREET n o. aox see BII-L TO VE -T 05402-0568 A vacant piece or parcel of land containing 13,926 square feet, more or less and situated next southerly to Lot No. 8 as said Lot No. 8 is shown on a Plan of the Development known as Laurel Hill South, dated August 1963 and recorded in the City of South Burlington Land Records in Volume 49, Page 93 which Lot No. 8 was acquired by said George P. Handy and Cecile S. Handy by Warranty Deed recorded in Volume 66, Page 187 of the City of South Burlington Land Records. The herein conveyed piece or parcel of land is more particularly described as follows: COMMENCING at the southeasterly corner of said Lot No. 8 acquired by said George P. Handy and Cecile S. Handy as aforesaid; THENCE running in a generally southerly direction in an extension of the easterly sideline of said Lot No. 8 in a southerly direction a distance of 115.17 feet to an iron pipe; THENCE turning to the right and forming an included angle of 93 degrees 32 minutes 03 seconds and running generally in a westerly direction in the line created in a Boundary Line Agreement between Thomas A. Farrell and Dorothy Melendy Haselton recorded in Volume 143, Page 71 of the City of South Burlington Land Records a distance of 158.81 feet to an iron pipe; THENCE turning to the right and forming an included angle of 87 degrees 28 minutes 08 seconds and running generally northerly a distance of 45.20 feet to an iron pipe set in the southerly sideline of land acquired by said George P. Handy and Cecile S. Handy at Volume 56, Page 336 of said land records; THENCE turning to the right and forming an included angle of 81 degrees 55 minutes 29 seconds and running easterly in the southerly line of said last mentioned Handy parcel a distance of 34 feet to the southeast corner thereof; THENCE turning to the left and running generally northerly in and along the easterly line of said last mentioned Handy parcel a distance of 50 feet to a concrete monument set in the southwesterly corner of said Lot No. 8 acquired by the Handys as aforesaid at Volume 66, Page 187; THENCE turning to the right and forming an included angle of 113 degrees 26 minutes 40 seconds and running generally easterly in and along the southerly line of said Lot No. 8 a distance of 124 feet to the point or place of beginning which is marked by an iron pin that marks the southeasterly corner of said Lot No. 8. Meaning and intending to convey Lot No. 8A as shown on a Map entitled Vol. a Pa e S i "Scott Haselton Plan of Land on Imperial Drive" dated December 1989 recorded in Volume 275, Page 34 of the City of South Burlington Land Records. The herein conveyed piece or parcel of land is aPortion the land acquired by said Scott Haselton to his sole and of separate use by Warranty Deed from Dorothy Melendy dated April Haselton 12, 1978 and recorded in Volume 146, Pages 155-57 of said City of South Burlington Land Records. The herein conveyed piece or parcel of land is a portion my homestead premises that of Imperial Drive. are situated on the south side of The herein conveyed piece or parcel of land is subject to all of those covenants, agreements _ and restrictions that apply to the building lots in the development Laurel Hill South, known as apart Of which development a Plan recorded in Volume 49, is shown upon page Burlington Land Records. g3 of the City of South Said covenants are for the benefit of the lots shown upon said Plan at Volume 49, apply to apply said Lot Page 93 and No. 8A after this conveyance which said Lot 8A shall become merged with and a part of Lot No. said Lot No. 8A and Lot No. 8 shall constitute a and single lot for and be purposes of compliance with the Cit Burlington Zoning and Subdivision y Of South covenants Regulations, Said are those which are dated are Sept set forth in Volume P ember 20, 1963 and Page 405 of the South Burlington Land Records City of In order to comply with the State of Vermont Environmental Protection Rules on the subdivision waste of lands and disposal of including sewage, the grantee shall not construct erect a structure or or building on the parcel of land conveyed herein, the useful occupancy of which will installation require the of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance acknowledges that this lot of this deed may not qualify for approval of development under the appropriate environmental or health regulations protection and that the State may application to develop deny any the lot. Reference is made to Deferral Permit recorded in Volume Page 413 and a Subdivision 293, Permit recorded in Volume 293, Page 415 of said Land Records. { Reference is hereby made to the above the ` records thereof, the mentioned instruments, respective s therein records and referencesthe description. infurthermaid ofdthisir TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said GRANTEES, GEORGE P. HANDY and CECILE S. HANDY, husband and wife, as an estate by the entirety, their heirs and assigns, to their Own use and behoof forever; And I the said GRANTOR, SCOTT HASELTON for myself and my heirs, executors and administrators, IATHA.KEASTAj do covenant with the said GRANTEES, GEORGE P. HANDY 6 TETZ-- and CECILE S. HANDY, their heirs ATTORNEVS ]09 N IN STREET and assigns, that until the ensealing of these R01 Box 5" Presents I am the sole owner of the ,-.GTo,,,, V T premises, and have good -2- Paig right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY CUMBRANCE, except as above stated and except for the real estate taxes which shall be t Prorated as of the date Of this conveyance. j I, hereby engage to WARRANT AND DEFEND t i all the same against claims whatever, except as above stated. j IN WITNESS WHEREOF Z hereunto set my hand and seal thisenPres�ence ii day Of vu�L Y, 1990. LATKAM E�TMAr , SC'.nEVEp 6 TETZLAFF ATTOR14E VS "MAW $T FWE v.o. eox 560 -IALWOTOH. VEIWA NT 06402_OSM _ Scott Haselton By; attornen F SchweY h s w th Powernofact in accordance f Attorney dated Vol, and recorded in of Sou h�Pagof the City Records. BurlingtonLand STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington this T��I PersonallbY Benjamin F. �cnweyerY °` `�7"� 1990, SCOTT Y appeared and he acknowledged his attorney in Pact, him sealed and subscribed to beowledged this inst the free act and deed of S his free act and rument, by Cott Haselton. deed and Before me, C G- otary Public ----- 19 9 0ATTYs A:BFS\Haselton.WD Ver*hVerty T►ansfa Tax ACKNOWLEDGEMENT- I=.sxR"SOMOFWAMCorr. =U 1T Uft""CGQW f P11M Acr. CEME W -D R•' wn No. Dd to V `R , Clerk -3- END OF DOCUMENT George P. and Cecile S. Handy Vol, 56 Pg. 336 APril 3, 1961 Plata lnvesfmenfe Vol. 272 Pg. 210 November 15, ISbB IMPERIAL DRIVE Existing Concrete Monument 84.00 116.00 .. 9495 "d) VA. Vol dde 10, ti9 0rO Georg* P. and Cecile S. Handy Vol. 66 Pg. 187 August 10, 1963 ko", O. 0 34.00 0 2 Ja, d9a n v• 000 �06e OJ ;0 LOT 9R AREA 10378 sq.ft. \2A 00 bP'� 1� Atrl a _ LOT IOR Vt s AREA 24929 sq.tt O 0 0 Constance D. Snyder Vol 93 Pg. 506 163-Q'30"1 196e47'50' November 25, 1974 LOT IIR AREA 17385 sq.ft. , atlr o AREA 13926 sq.ft. _ LOT 8A Lot BA to be transtered to dy 0Je 1 George P. and Csclln Hm STATEMENT This Information shown was compiled from survey work on the oromd and deeds and maps of record Fred C. Koerner C.E. d• p 104.72 Jcn, b1 0 OJ'• 0rO 82.09 A 71,r June 7, 1978 Boundary Ll Agream Nasa ton, Vol. h143 PA and Dorothy MelendY Dennis L. Blodgett Vol. 21a Pg. 395 0ecember lo, 1986 0 15 30 60 90 120 150 Graphic Scale '9da 002J.. 9-35 NOTE Intarmafwn for Lola 9, 10 and H taken from Plan of Lots, Laurel Hill South, Vol 49 Pg, 93, August, 1963. 1) 2) 3) 4) 5) CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN Name, address, and phone number of: a. Owner of record Gail E. Wyand, 4 Steeple Bush Rd., Shelburne, VT 05482 (tel. 985-2064) and Mary H. Grunvald, 24 Orchard Drive, Colchester, VT 05446 (tel. 879-4206) b . Applicant same as above C. Contact Joseph E. Frank, Esq., P.O. Box 1307, Burlington, VT 05402 (tel. 658-2311) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Applicants request that they be permitted to merge Lot 8A of Scott Haselton Subdivision with any of the adjacent properties for purposes of South Burlington Subdivision Regulations Applicant's legal interest in the property (fee simple, option, etc. fee simple ownership as tenants in common Names of owners of record of all contiguous properties Gail E. Wyand and Mary H. Grunvald; Bernard J. Barone, Jr. and Nancy M. Barone; William J. Knight, Jr, and Barbara J. Knight; Plaza Investments; BDP Realtv Associates Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. none 1 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. none 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: On March 20, 1990, the South Burlington Planning Commission approved a subdivision application of Scott Haselton with a stipulation that Lot 8A be transferred to George and Cecile Handy to be merged with their property to the north. 8) Submit five copies and one reduced copy (8 1/2 x 11, 8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow- ing information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belong- ing to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Sig atur ) applicant or contact person At orney for Gail E. Wyand and Mary H. Grunvald February 10, 1995 Date 0 PAUL, FRANK & COLLINS, INC. R. Allan Paul VJoseph E. Frank 1�eter M. Collins John T. Sartore (NY) B. Michael Frye Anthony B. Lamb Alan D. Port Robert G. Cain (NY S. Crocker Bennett, 11 Robert S. DiPalma Stephen T. Soule (NH) Gail E. aefner Stephanie J. Mapes Kenneth R. Appleby (DC, MD) Stephen G. Norten Elizabeth J. Grant (MA) ATTORNEYS AT LAW ONE CHURCH STREET P.O. BOX 1307 BURLINGTON, VERMONT 05402-1307 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair: TELEPHONE (802) 658-2311 TELECOPIER (802) 658-0042 February 10, 1995 Christopher McVeigh (NE, NY) John H. Draper, I Jan Bernascom (MA) David Borsykowsky (NY Matthew E.C. Pifer William D. Rile Mark G. Hall April Shafer Johnson David 1. Spielman (OH) ohn C� Beiswengger Diana C. Agnew (CO) RobertjGrenier(MA) F COUNSL Enclosed is a Subdivision Application relating to Lot 8A of the Scott Haselton Subdivision for which the plat is recorded in Map Book No. 275 at page 34. My clients propose to alter the second stipulation appearing in the Planning Commission minutes of March 20, 1990. Lot 8A still would not exist as a separate lot. Sincerely yours, PAUL, FRANK & COLLINS, INC. Joseph E. Frank JEF:bac Enclosures cc: Mrs. Gail E. Wyand Mrs. Mary H. Grunvald DIA3: [USER.BCOUTU. WP.JEF. HANDY] BELAIR. r �5-cm�� urUKngton ��/��^ �re Department 575 Borset *out� Nudington, lRermont 05403 MEMORANDUM TO: South Burlington Planning Commission D FROM: Wallace Possich, Fire Chief DATE: February 21, 1995 RE: Plans Review for March 14, 1995 Meeting I have reviewed the following site plans and my comments are as follows: 1. Boundary Line Revisions Dated 1-25-95 Old Farm Road Acceptable 2. Lot Subdivision (Barone> Dated 2-13-95 Imperial Drive Acceptable 31, Lighting Plan Up -grade Dated 2-10-95 Mobile Oil - Kennedy Drive Acceptable 4. Rocky's Pizza Dated 1-27-95 Dorset Street Acceptable 5. Motel to Offices Dated 2-1-95 428 Shelburne Road Acceptable City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 February 24, 1995 Joseph E. Frank, Esq. P.O. Box 1307 Burlington, VT 05401 Re: Resubdivision, Imperial Drive Dear Mr. Frank: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, March 3, 1995. If you have any questions, please give me a call. Sinc0rely, R� and J. Belair Zoning and Planning Assistant RJB/peh Post -it® Fax Note 7671 Date n To .✓�CJSt✓f �--� From pages Co./Dept. Co. Phone # Phone # M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: March 14, 1995 agenda items Date: February 21, 1995 CORPORATE WAY - (PETER JUDGE PROJECT) 1. Sidewalks along Corporate Way should be continuous across entrance drives. They should be at a uniform grade and entrance drive ramped to the sidewalks. Entrance curbs should stop at sidewalk. 2. Parking lot drainage should be controlled so that it does not overload the Corporate Way system. MOBIL OIL - KENNEDY DRIVE Lighting must not be objectional to the Manor Woods residents. Shields on fixtures may be necessary. CHIP WARD - WILLISTON ROAD Site plan prepared by Michael Dugan with latest revision dated 1/16/95 is acceptable. SCOTT HASELTON - IMPERIAL DRIVE Plan received February 13, 1995 with revisions showing new property owners is acceptable. WAGNER, HEINDEL & NOYES - SHELBURNE ROAD Site plan dated February 1, 1995 is acceptable. ;ceive�l on p2ge-�-j�� etCrd�d in V61. 9 go, Buriingt06 `and A. Pic rdr City Cletk / ADMINISTRATRICES' AND EXECUTRICES' DEED Margate TO ALL TO WHOM THESE PRESENTS SHALL COME, we Gail E. Wyand and Mary H. Grunvald, Co-Administratrices, d.b.n., c.t.a., of the Estate of Cecile S. i Handy and Co -Executrices of the Estate of George P. Handy, both late of South Burlington in the County of Chittenden and State of Vermont, deceased, SEND GREETING: WHEREAS, the Honorable Probate Court for the District of Chittenden at a session thereof, holden at the Probate Office in the City of Burlington, in said District, on the 22nd day of September, 1994 on due applications in writing, for that purpose, which said applications having been duly published according to law, did license and authorize said legal representatives to sell at public auction or private sale a portion of the real estate of said deceased, for the purpose of benefitting said estates. AND WHEREAS, having previously taken the oath required by law, and fulfilled all the requisitions of the Statute and of the license aforesaid, we have sold all of the same real estate to Bernard J. Barone, Jr. and Nancy M. Barone of South Burlington, in the county of Chittenden and State of Vermont, for the sum of One Hundred Forty -Five Thousand Dollars. NOW, KNOW YE, That pursuant to the license and authority aforesaid, and not otherwise, and in consideration of the said sum of One Hundred Forty -Five Thousand Dollars, the receipt whereof we do hereby acknowledge, we do by these presents, Grant, Bargain, Sell, Convey and Confirm unto the said Bernard J. Barone, Jr. and Nancy M. Barone, husband and wife as tenants by the entirety, and their heirs and assigns, the Paul, Frank & Collins, Inc, Atlonxys At Law Burlington, W mont VoL Pa 9-7 Vrge�W P P R 0 F following described land and premises in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz; Lot No. 8 as shown on a plan of Laurel Hill South dated June 19, 1963 and recorded in the City of South Burlington Land Records, with the residence thereon commonly known as 25 Imperial Drive, said property having a frontage and uniform width of 100 feet, a westerly line of 150 feet, and an easterly line of 120 feet, being all and the same land and premises conveyed as Parcel No. 2 to George P. Handy and Cecile S. Handy as tenants in common by the quitclaim deed of Joseph E. Frank dated June 7, 1972 and recorded in Volume 93 at Pages 241-244 of the City of South Burlington Land Records. TO HAVE AND TO HOLD the said premises, with all the privileges and appurtenances thereof, to the said Bernard J. Barone, Jr. and Nancy M. Barone, husband and wife as tenants by the entirety, and their heirs and assigns forever. And we the said Co-Administratrices, d.b.n., c.t.a., and Co -Executrices, do covenant with the said Bernard J. Barone, Jr. and Nancy M. Barone, and their heirs and assigns, that the said Cecile S. Handy and George P. Handy died seized of the granted premises, that we have been duly authorized by the Court aforesaid to convey the same to the said Bernard J. Barone, Jr. and Nancy M. Barone in manner and form aforesaid, that we have in all things observed the direction of the law, and the license aforesaid, in the sale aforesaid; that we will, and our heirs, executors and administrators shall Warrant and Defend said premises against all persons claiming the same, by, from or under the said Cecile S. Handy or George P. Handy or us the said Co-Administratrices, d.b.n., c.t.a., and Co -Executrices, but against no other person. Paul, Frank & Collins, Inc, II Attorneys At Law 2 Burlington, Varncnt Paul, Frank & Collins, Inc. Attorneys At Law Burlington, Wmont IN WITNESS WHEREOF, we hereunto set our hands this WA day of September, 1994. In Presence Of: i m Co-Administratrices, d.b.n., c.t.a., of the Estate of Cecile S. Handy and Co - Executrices of the Estate of George P. Handy STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this -17M day of September, 1994, personally appeared Gail E. Wyand and Mary H. Grunvald and they acknowledged this instrument, by them subscribed, to be their free act and deed and the free act and deed of the Estates of Cecile S. Handy and George P. Handy. Before me otary Public [bcoutu.jenhandy.deed Vermont Property Transfer Tax ,iY; 32 V.S.A. Chap. 231 I -ACKNOWLEDGEMENr- RETURw REC'D-TAX PAO 61AR001- HEAITH; ERT RF.^'0. VT LAND USE L DEYELOPMENT PLANS Atr. CERT. RE ."D Return No. Clerk Date li0a END O DOCUMENT State of Vermont AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Department of Fish and Wldlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist RELAY SERVICE FOR THE HEARING IMPAIRED 1-8W-253-0191 TDD>Voioe 1-800-253-0195 Voice>TDD Bernie Barone 25 Imperial Drive South Burlington, VT 05403 RE: Lot 8A, South of 25 Imperial Drive, South Burlington Dear Mr. Barone: WATER QUALITY DIVISION 103 South Main Street Building; 10 North Waterbury, VT 05671-0408 802-241-3770 Fax: 802-241-3287 April 28, 1995 Thank you for meeting me on April 10, 1995 at the above referenced site. It is located south of Imperial Drive and east of Lilydale Bakeries. There is a Class Three wetland in this area.. The wetland is located approximately south of the old wooden fence and up by the small stream to the east. Class Three wetlands are not protected by the Vermont Wetland Rules, but are through the Federal Clean Water Act. The placement of up to one acre of fill in this wetland would require meeting the conditions of Nationwide Permit #26. One of these conditions requires the applicant to avoid and minimize wetland impacts to the maximum extent practicable. Another condition requires the applicant to obtain a 401 Water Quality Certification from the Vermont Agency of Natural Resources. This certification can only be issued if the project is in compliance with the Vermont Water Quality Standards. Greater than one acre of wetland impact would require obtaining an Individual Permit from the Army Corps of Engineers. Class Three wetlands can also be protected under Act 250 for any projects that fall within Act 250 jurisdiction. In 1990, a subdivision was proposed on the property south of Lot 8A. The project had been substantially redesigned to reduce wetland impacts, including the inclusion of a 25 foot buffer zone from the wetland boundary. As you mentioned, the federal legislature is proposing legislation which would alter federal wetland regulations. It is too soon to predict the outcome of this legislation. If it is adopted as currently proposed, this wetland may no longer be protected by federal regulations. Therefore, the long term protection of this wetland is dependent on the proposed federal legislation and whether any project proposed on the adjacent property falls within Act 250 Chlorine Free 100% Recycled Paper Regional Offices - Barre/Essex Jct. /Pittsford/Rudand/N. Springfield/St. Johnsbury jurisdiction. Please call me if you have any questions or comments. Sincerely, Catherine L. O'Brien Assistant Wetlands Coordinator cc: Ray Belair, City of South Burlington co\Uarone.ie[ PLANNING COMMISSION 14 March 1995 page 9 Mr. Nelson identified the site as the old Queen City Motel building. They have converted the inn building to offices and now want to use 6 of the motel units for additional offices. They have 22 employees and 22 parking spaces. People rarely come to the offices, and employees are usually out in the field. Mr. Weith noted this would make the use a commercial complex. Mr. Sheahan asked if they are leasing any of the space. Mr. Nelson said they are not. He provided parking counts and noted they could park 2 cars in front of the island if needed. There is also an area of gravel partially in the right of way of White Place. Members wanted to see another 2 or 3 parking spaces. Mr. Austin wanted 6, if possible. Mr. Burgess said the applicant should demonstrate they have done the best they can with what is available and the Commission will try to reasonable. The concern is that if the applicant sells the building, a business could come in with 40 employees and would have very inadequate parking. 8. Sketch plan application of Gail Wyand and Mary Grunwa-16 to amend a previously approved 3-lot subdivision. The amendment con- sists of merging lot 8A with an adjoining property, Imperial Dr: Mr. Frank said they would like the flexibility of allowing lot 8A to be merged with any of the other lots not only with the lot to the north. He then reviewed the history of the property. The original subdivision approval required 8A to be merged with the lot to the north. This never happened as far as title is concerned. The lot to the north was sold without 8A. It is now merged for title purposes with the motel property. They want flexibility because it is possible there might be a meeting of the minds with the purchasers of the residential property. Mr. Austin noted that as of today this is an illegal subdivision. He felt the best thing was to say it merges with the motel property. Members rejected the "floating" idea. Mr. Weith said a plat is required of all land involved making it very clear that 8A is now merged. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 Joseph E. Frank, Esquire P.O. Box 1307 Burlington, Vermont 05402 Re: Resubdivision, Imperial Drive Dear Mr. Frank: Enclosed is a meeting minutes. JW/mcp 1 Encl ZONING ADMINISTRATOR 658-7958 May 1, 1995 copy of the March 14, 1995 Planning Commission If you have any questions, please give me a call. S cere y,�, J Weith, C y Planner PAUL, FRANK & COLLINS. R. Allan Paul Pseph E. Frank Pter M. Collins khn T. Sartore (NY) Michael Frye Anthony B. Lamb Alan D. Port Robert G. Cain (NY) S. Crocker Bennett, II Robert S. DiPalma Stephen T. Soule (NH) Ga'l E. aefner Stephanie J. Mapes Kenneth R. Appleby (DC, MD) Stephen G. Norten Elizabeth J. Grant (MA) ATTORNEYS AT LAW ONE CHURCH STREET P.O. BOX 1307 BURLINGTON, VERMONT 05402-1307 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Belair: TELEPHONE (802) 658-2311 TELECOPIER (802) 658-0042 January 26, 1995 INC. Christopher McVeigh (NE, NY) John H. Draper, IVV Jan E Bernascom VA David BorsykowskyY�Matthew E.C.fer William D. Riley Mark G. Hall April Shafer Johnson David TT Spielman (OH) JU G Beiswen er Diana C. Agnew (CEO) Robert TT Grenier MA) 6F COUNSTL I am writing on behalf of Mrs. Wyand and Mrs. Grunvald in response to your letter of January 18 which you addressed to them and copied to me. As you know, Peter Collins and I conversed with you by telephone a few days later, and you supplied us with the form of subdivision application which can be filed as one possible solution. Because I shall be on vacation next week, our further efforts to reach a solution will be delayed until the week of February 6. We probably shall be filing a subdivision application. Sincerely yours, PAUL, FRANK & COLLINS, INC. Joseph E. Frank JEF:bac cc: Mrs. Gail E. Wyand Mrs. Mary H. Grunvald DIA3:[USER.BCOUTU. WP.JEF.HANDY]BELAIR. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 ZONING ADMINISTRATOR January 18, 1995 658-7958 Gail E. Wyand Mary H. Grunvald Handy's Town House Motel 1330 Shelburne Road South Burlington, Vermont 05403 Re: Subdivision Violation, 25 Imperial Drive Dear Ms. Wyand & Ms. Grunvald: This is to inform you that you are in violation of the South Burlington Subdivision Regulations for subdividing the lot at 25 Imperial Drive without subdivision approval. Specifically, by conveying only a portion of the premises at 25 Imperial Drive to Bernard and Nancy Barone by deed recorded in Volume 369, pages 97- 99 you have created an illegal subdivision. The property in question, 25 Imperial Drive also known as lot #8, was merged with lot #8A by a Warranty Deed dated June 14, 1990 and recorded in Volume 294, pages 576-578. The merging of these two (2) lots was a requirement of the subdivision approval granted to Scott Haselton by the South Burlington Planning Commission on 3/20/90. Your conveyance of only a portion of the merged lot is a violation of this approval and constitutes an illegal subdivision. Please take whatever steps are necessary to correct this violation. Please respond within seven (7) days of receipt of this letter. Sinc ly, j�%� / . Raymond J. Belair, Zoning and Planning Assistant RJB/mcp cc: Joseph Frank, Esquire Dianne L. Kenney, Esquire Bernard Barone PAUL, FRANK & COLLINS, INC. R. Allan Paul Ksterh E. Frank M. Collins Tohn T. Sartore (NY) 13. Michael Frye Anthony B. Lamb Alan D. Port Robert G. Cain (NY) S. Crocker Bennett, 11 Robert S. DiPalma Stephen T. Soule (NH) GO E. aefner Stephanie J. Mapes Kenneth R. Appleby (DC, MD) Stephen G. Norten Elizabeth J. Grant (MA) Mr. Raymond J. Belair ATTORNEYS AT LAW ONE CHURCH STREET P.O. BOX 1307 BURLINGTON, VERMONT 05402-1307 Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 TELEPHONE (802) 658-2311 TELECOPIER (802) 658-0042 March 2, 1995 Re: Amendment of Second Stipulation to Scott Haselton Subdivision Dear Mr. Belair: Christopher McVeigh (NE, NY� VhBn H. Draper, I Jan Bernasconi (MA David Borsykowskyy NY� Matthew Et iiifer William D. Riley Mark G. Hall April Shafer Johnson David T Spielman (OH) John G Beiswengger Diana C. Agnew (CO) Christin Lahiff Robert TT Grenier (MA) 6F COUNSEL Thank you for the courtesy of telecopying your letter of February 24. I would have responded sooner had I not been out of the office the past two days. There do not appear to be any comments from the City Engineer or Fire Chief requiring a response. Both indicate that the proposal is acceptable. I turn now to your five comments which I shall respond to in the order that they are stated: First, the application does state in Parts la and lb that the owners and applicants are the same persons, and their addresses and telephone numbers are stated. Second, the type, location and size of water and sewer mains are irrelevant because no buildings are proposed for Lot 8A. The approved and recorded plan for the Scott Haselton Subdivision does not show any such mains, and there is no reason to show them now. Third, the location is the Scott Haselton Subdivision for which the approved plat is recorded in Map Book No. 275 at page 34. Lot 8A is the Lot 8A shown on that plat. Fourth, the application is intended to make clear that the applicants do not propose to create a lot which does not have access to a public street. They are merely asking to modify the second stipulation to approval of the Scott Haselton Subdivision so that Lot 8A may be merged for subdivision purposes with any of the adjacent properties instead of being restricted Mr. Raymond J. Belair March 2, 1995 Page 2 to a merger with their late parents' home lot. The applicants seek flexibility instead of rigidity as to which adjacent property Lot 8A is merged with for subdivision purposes. Fifth, Lot 8A is presently owned in common with the adjacent motel property, but the applicants desire the right to sell it to any of the other adjacent owners if a mutually agreeable price can be arrived at. To show the relationship of Lot 8A to the adjacent motel property, I enclose a photocopy of a portion of Tax Map No. 79 on which the adjacent motel property, owned by the applicants, is outlined in yellow. Lot 8A is shown as Lot I of Block 10. In conclusion, I want to emphasize that my clients are not seeking to create a new subdivision. They are merely seeking an amendment to the second stipulation which accompanied approval of the Scott Haselton Subdivision. Please write or call me if additional information is needed. Sincerely yours, PAUL, FRANK & COLLINS, INC. Joseph E. Frank JEF:bac cc: Mrs. Gail E. Wyand Mrs. Mary H. Grunvald DIA3: [USER.BCOUTU. WP. JEF.4648_0 ] 1BELAIR. No Text PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 April 9, 1990 Ms. Ann Hancock Box 1621, RD 1 Charlotte, Vermont 05445 Re: 3-lot subdivision, Imperial Drive Dear Ms. Hancock: ZONING ADMINISTRATOR 658-7958 The Planning Commission approved the Final Plat application for the above referenced subdivision on 3/20/90. Lot IOR currently contains a single-family home. Lot 8A is to be merged with the Handy parcel to the north which currently contains a single- family home.. Since these two lots are currently developed, they already have sewer allocation. The City grants a sewer allocation of 400 g.p.d. for the vacant lot, lot 9R. This lot will be served by the City's Bartlett Bay treatment plant which has sufficient capacity to handle the demand. If you have any questions, or if I can be of further assistance please do not hesitate to contact me. cerely, Joe Weith, City Planner JW/mcp George P. and Cecile S. Handy Vol. 56 Pg, 336 APri1 3, 1961 Plaza Investments Vol. 272 P9. 218 November 15, 19B IMPERIAL DRIVE George P. and Cecil S. Handy Vol. 66 Pg. 187 August 10, 1963 e ki.� 0. 0 0 34.00 O/ 2 JJ • SJa w ?9•. 9a. JO: e• ep0 84;00 I16.00 99 95 ;)4 p0� /9J 9 J9 O.. /0 .O /060Ji0 n LOT 9R Q LOT IOR \2A 00 by '12 V O O 163°12'30"1' 196°47'30' LOT IIR w of LOT BA I / OJ. p'\ 1 /R� p� 99e O i). ,IP 9Ja 1 OJ• yb `. 2gh JJ at 104.72 , . OJ'• 06 82.09 Thomaa P. Farrell 1978 Line P9reem Hosbe'sitar, Val143 Pg. 71, June 7, goundarY Melendy and Dorothy Donnie L. Blodgett Vol. 2IS Pg. 395 December 10, 1986 O 15 30 60 90 120 150 Graphic Scale 99.35 96`a Constance D. Snyder Vol 93 Pg. 506 November 25, 1974 NOTE Informs lion for Lot. 9, 10 and II taken from Plan of Lots, Laurel Hill South, Vol. 49 Pg. 93, August, 1963. PLANNING COMMISSION 20 March 1990 page 2 Ms. Peacock moved the_Planning Commission approve the final plat application of Scott Haselton for subdivision_of 1.3 acres of land into 3 lots of approximately 24,900 s_9._ft., 18,400 sq. ft, and 13,900 sq. ft. as depicted on alan entitled "Scott Haseltonl Plan of Land on Imperial Drive," prepared by Fred C. _Koerner and dated 12/89_,_ with_ the_following-stipulations: 1. The existing rear structure on lot 1OR shall _not _be used for residential purposes. This structure is limited to nonresidential accessory uses such as storage or work shop. - - 2. This ap roval is contingent upon the _transfer and merger of lot 8A to the property to the north which is_owned__by George and Cecile_ Handy. Lot_8A shall not exist as a separate lot. 3. The final plat_shall be recorded _with the City_Clerk_withi_n_90 de a or this approval is null and void. Mr. Craig seconded.Motion_ passed unanimously_ 4. Continue Prelimina_y Plat application of Design Developments Inc, for subdivision -of 2.91 acres into 3 lots of 2.35, 0_331_and 0.23 acres and _construction _o_f_an8u_nit_planned residential development on the 2.35 acre parcel, 361 Patchen Road Mr. Burr, representing Munson Earth Moving and Tygate, said they have a problem with drainage from the parking lot going onto their property. They want the drainage to flow onto the sides. A swale or intercept drainage system would be OK. Mr. Burroghs said they have no problem with this and drainage actually does go to the sides. Mr. Burroughs questioned the $6300 sidewalk allocation and said only 260 ft. of the footage is theirs and the signle family lot is not on their property. Mr. Burgess said that lot is definitely part of this application as the applicant is subdividing that piece of property. Mrs. Maher felt that in view of what the Commission was waiving for the applicant, she didn't feel the sidewalk fee was asking too much. The applicant asked if they can put in the sidewalk. Mr. Weith said they would have to discuss this with the City Engineer or Mr. Audette because there will be plans for all of Patchen Rd. to be sidewalked. Mrs. Maher said she didn't see how they couldn't allow the applicant to build the sidewalk as long as Mr. Audette stipulates where it is to be. The majority of the Commission agreed. Ms. Peacock moved the Planning_Commission_ approve_ the preliminary plat application -of Design_De-----ent,_Inc, for subdivision of _2._9acres into _3_parcels_of-2.35,_0._3_3 a_n_d_0.22 acres and construction of an_8 unit _planned- single resid•n�al� development on the 2_35 acre_parcel_as_depicted_on_a_2_page_set_of_plans_entitled, "Property_Survey,-#355=#357- Patchen -_ Rd, South _Bu_rlington, -Vermont, prepared by-Pinkham Enpineerinp Associates,_Inc,-and dated 12/14/ Tom--.T.�-..- T---.---.-..-.------�'-.-_-_ 891_with _the -followinp_stipulations_ PLANNING COMMISSION 20 MARCH 1990 The South Burlington Planning Commission held a meeting on Tuesday 20 March 1990,,at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present William Burgess, Chairman; Mary -Barbara Maher, Catherine Peacock, William Craig, David Austin, Ann Pugh, John Belter Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Chip Burr, Alan Plamer, Paul Morwood, Nick Morwood, Anne Morwood, Ann and John Hancock, Clem Baker, John Burroughs, Danny DeGraff, Nancy DeGraff, Ernestine DrGraff, Roland & Beverly Allard, Denny Blodgett, Jeff & Betty Goldberg, Charles Brush, John Gulk, Carl Cobb, Salamin Handy, Lance Llewellyn, Gordon Woods, Al Mansfield 1. Other Business Mr. Weith announced there is a revised offer from the City to settle with Town & Country Furniture. Mr. Weith noted that tonight was the last time the Commission could make a decision on the ICV project, and ICV has sent a letter of withdrawal. 2. Minutes of 12 December 1989 and 27 February 1990 Mrs. Maher moved to approve the Minutes of 12 December as written Mr. Craig seconded. Motion passed unanimously. Mr. Austin moved to approve the Minutes of 27 February as written Ms. Peacock seconded. Motion passed 4-0 with Mr. Craig, Ms Pugh and Mr. Belter abstaining. 3. Final Plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 sq. ft, 18,400 sq. ft. and 13,900 sq. ft., Imperial Drive Ms. Hancock said they need to sell the land because Mr. Haselton is in a nursing home .and they can't afford to keep the property. It is necessary to make the rear lots accessible. One lot will be joined with Mr. Handy's lot. Mr. Burgess noted there had been a question of the second building on lot 2. Mrs. Maher said she felt allowing the guest house might establish a precedent on other lots and she didn't want to do this. Ms. Hancock said if the Com- mission wants they will tear it down or designate it be only a tool house or garage. Mrs. Maher and Ms. Peacock had no objection to leaving it as long as it was not used as a residence. PLANNING COMMISSION 20 March 1990 page 2 Ms, Peacock moved the Planning Commission approve the final plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,,900 sq. ft., 18,400 s_g, ft, and 13,900 sq. ft, as depicted on a., plan entitled "Scott Haselton, _Plan of Land on Imperial Drive," prepared by Fred C. Koerner and dated 12/89, with the following stipulations: 1. The existing rear structure on lot 1OR shall not be used for residential purposes. This structure is limited to nonresidential accessory uses such as storage or work shop. 2. This approval is contingent upon the transfer and merger of lot 8A_to the property to the north which is owned by George and Cecile Handy. Lot 8A shall not exist as a separate lot 3. The final plat shall be recorded with the City Clerk within 90 days or this approval is null and void Mr. Craig seconded, Motion passed unanimously. 4. Continue Preliminary Plat application of Design Development, Inc, for subdivision of 2.91 acres into 3 lots of 2,35 0.33, and 0.23 acres and construction of an 8 unit planned residential development on the 2.35 acre parcel, 361 Patchen Road Mr, Burr, representing Munson Earth Moving and Tygate, said they have a problem with drainage from the parking lot going onto their property. They want the drainage to flow onto the sides. A swale or intercept drainage system would be OK, Mr, Burroghs said they have no problem with this and drainage actually does go to the sides, Mr. Burroughs questioned the $6300 sidewalk allocation and said only 260 ft. of the footage is theirs and the signle family lot is not on their property. Mr. Burgess said that lot is definitely part of this application as the applicant is subdividing that piece of property. Mrs. Maher felt that in view of what the Commission was waiving for the applicant, she didn't feel the sidewalk fee was asking too much. The applicant asked if they can put in the sidewalk. Mr. Weith said they would have to discuss this with the City Engineer or Mr. Audette because there will be plans for all of Patchen Rd, to be sidewalked. Mrs. Maher said she didn't see how they couldn't allow the applicant to build the sidewalk as long as Mr. Audette stipulates where it is to be. The majority of the Commission agreed. Ms. Peacock moved the Planning Commission approve the preliminary plat application of Design Development, Inc, for subdivision of 2.9 acres into 3 parcels of 2.35, 0.33 and 0.22 acres and construction of an 8 unit planned single resided,t1a.lp_development on the 2.35 acre parcel as depicted on a 2 page set .f plans entitled, "Property Survey, #355-#357 Patchen Rd, South Burlington Vermont prepared by Pinkham Engineering Associates, Inc and dated 12/14/ 89, with the following stipulations: PLANNING COMMISSION 20 MARCH 1990 The South Burlington Planning Commission held a meeting on Tuesday 20 March 1990, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present William Burgess, Chairman; Mary -Barbara Maher, Catherine Peacock, William Craig, David Austin, Ann Pugh, John Belter Also Present Joe Weith, City Planner; Sid Poger, The Other Paper; Chip Burr, Alan Plamer, Paul Morwood, Nick Morwood, Anne Morwood, Ann and John Hancock, Clem Baker, John Burroughs, Danny DeGraff, Nancy DeGraff, Ernestine DrGraff, Roland & Beverly Allard, Denny Blodgett, Jeff & Betty Goldberg, Charles Brush, John Gulk, Carl Cobb, Salamin Handy, Lance Llewellyn, Gordon Woods, Al Mansfield 1. Other Business Mr. Weith announced there is a revised offer from the City to settle with Town & Country Furniture. Mr. Weith noted that tonight was the last time the Commission could make a decision on the ICV project, and ICV has sent a letter of withdrawal. 2. Minutes of 12 December 1989 and 27_ February 1990 Mrs. Maher moved to approve the Minutes of 12 December as written. _Mr. Craig seconded. Motion passed unanimously. Mr. Austin moved to approve the Minutes of 27 February as written. Ms. Peacock seconded. Motion passed 4-0 with Mr. Craig, Ms. Pugh and Mr. Belter abstaining. _3. Final Plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 sq. ft, 18,400 sq, ft. and 13,900 sq._ ft., Imperial Drive Ms. Hancock said they need to sell the land because Mr. Haselton is in a nursing home and they can't afford to keep the property. It is necessary to make the rear lots accessible. One lot will be joined with Mr. Handy's lot. Mr. Burgess noted there had been a question of the second building on lot 2. Mrs. Maher said she felt allowing the guest house might establish a precedent on other lots and she didn't want to do this. Ms. Hancock said if the Com- mission wants they will tear it down or designate it be only a tool house or garage. Mrs. Maher and Ms. Peacock had no objection to leaving it as long as it was not used as a residence. { 1i_ _.. _. M_ a __ �� �- ... .:� _.._.. .:.. ,..�..,...r._... � __. ..�:. _ ._ ._ ., .,, _.... .__ . . .. �. _y .__ . _.. _,�� . _,. �... State of Vermont rr Subdivision Permit LAWS/REGULA'IIONS_ INVOLVED, Environmental Protection Rules CASE NO. EC-4-1478 Chapter 3, Subdivisions APPLICANT Scott Haselton Chapter 7, Sewage Disposal ADDRESS P.O. Box 568 Chapter 8, water Supply Burlington, VT 05401 Appendix A, Design Guidelines This project, consisting of a 2 lot subdivision (Lot 9H - 0.42 acres and Lot 10R - 0.57 acres with existing house) with municipal water and sewer (also Lot 8A - 13,926 square feet subject to DE-4-1422) located off Imperial Drive in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL (1) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans "Plan of Land on Imperial Drive" dated Dec. 89 prepared by Fred Koerner C.E. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. (3) Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) This project has been reviewed and is approved for the construction of one single family residence on the approved lot 9R. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Division of Protection, and such approval will not be .granted unless the proposal conforms to the applicable laws and regulations. (5) This project has been reviewed and is approved for the existing single family residence or, Lot No. 10R. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Division of Protection, and such approval. will not be granted unless the proposal conforms to the applicable laws and regulations. (6) 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 recordin:; of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. (7) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. Subdivision Permit EC-4-1478 page 2 WATER SUPPLY (8) Each lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. SEWAGE DISPOSAL (9) Each lot is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (10) The subdivision consists of 2 lots and is approved for connection to the City of South Burlington wastewater treatment facility for a maximum of 900 gallons of sewage per day. (11) The municipal sewer collection system herein approved shall be routinely and reliably inspected during construction by a Vermont -registered professional engineer who shall, upon completion and prior to occupancy of the subject establishment, report in writing to the Division of Protection that the installation was accomplished in accordance with the approved plans and permit conditions. Timothy J. Burke, Commissioner Department of Environmental Conservation By It v V, Marsha J. Thom on Assistant Regional ff9ineer Dated at Essex Jct., Vermont this 10th day of May 1990. cc: Donald Robisky South Burlington City Planning Commission Department of Health Fred C. Koerner C.E. State of Vermont DEFERRAL OF PERMIT /REGULATIONS INVOLVED: 18 V.S.A. 151218-1220 and Environmental Protection Rules, Chapter 3-Subdivisions, 1 3.06 Deferral of Permit PERMIT NO.: DE-4-1422 APPLICANT/SELLER & ADDRESS: Scott Haselton c/o Benjamin Schweyer P.O. Box 568 Burlington, VT 05401 LOCATION OF SUBDIVISION: PURCHASER(S) & ADDRESS: George & Cecile Handy 25 Imperial Drive South Burlington, VT 05403 off Imperial Drive in South Burlington, VT DESCRIPTION OF SUBDIVISION: convey Lot 8A (13,926 square feet); also see EC-4-1.478 CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Division of Protection. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and that the State may deny an application to develop the lot." ( 2 ) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to build on the lot will be denied. (3) 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 recording this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this loth day of May 1990. Timothy Burke, Commissioner Department of Environmental Conservation by Qti' Mars a J. T on son Assistant Regi nal Lngineer cc: Town Planning Commission Donald Robisky City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 15, 1990 Ms. Ann Hancock Box 1621, RD 1 Charlotte, Vermont 05445 Re: 3 Lot Subdivision, Imperial Drive Dear Ms. Haselton: ZONING ADMINISTRATOR 658-7958 Enclosed are the March 20, 1990 Planning Commission meeting minutes. The final plat must be recorded in the office of the City Clerk within 90 days of the approval date. Please call if you have any questions. Si r%el y Joe Weith, City Planner 1 Encl JW/mcp PLANNING COMMISSION 6 February 1990 page 2 2. The building permit shall be obtained within 6 months or this approval is null and void. Mr. Craig seconded. Motion passed 6-0, Mr. Austin abstaining. 4. Sketch plan application of Scott Haselton for subdivision of approximately 1.7 acres of land into 4 lots of approximately o 4, 0.6, 0.4 and 0.3 acres, Imperial Drive Mr. Weith noted that one lot is already existing and is not being changed at all. The City Attorney recommended calling it a 4-lot subdivision because there are 4 lots shown on the plan. He suggested the final plat be warned for a boundary adjustment to create 3 lots. Mr. Craig asked about access to lot 8A. Ms. Hancock said there is an agreement with George Handy to buy that lot and add it to his property. Mr. Austin asked about lot 1OR which will have 2 structures on it. Ms. Hancock said the second building is a summer hous, not winterized, which would only be used as a guest house. Mr. Burgess asked if that could be stipulated. Mr. Weith will check with the City Attorney. Mr. Weith will also check with the City Attorney to see if any of the lots were part of the Laurel Hill subdivision. Mr. Burgess summed up the Commission's position: there are no major objections to the subdivision. There is concern with the 2 structures on one lot and with access to lot 8A if it is not sold to Mr. Handy. Lot sizes should be added to the plan and the plan must be signed and stamped by a licensed surveyor. 5. Site plan application of Randy Berard for conversion of a 2100 sq. ft. barn into office use on a site which currently contains a contracting business and residence, 75 Ethan Allen Drive Mr. Belter stepped down due to a possible conflict of interest. Mr. Berard said he simply proposes to put offices in an existing barn. Mr. Weith said parking requirements are met. He asked that outside lighting be shown on the plans. Mr. Berard said there will be a trailer used by the buisness, but it comes and goes and is not used for permanent storage. Mrs. Maher questioned the cost estimate for the work which results ;5-nutb Tvaurtingtun Mire Department 575 +iortxct �trcct ,. 3nitth iStirlington, 1'lermont 054113 x (802) 658-7960 TO. SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE DATE: FRIDAY MARCH 16,1990 RE: TUESDAY MARCH 2O,1990 AGENDA ITEMS 1. VILLAGE AT DORSET PARK CHANGE OVERALL SITE PLAN PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT ON THE CHANGE FROM SINGLE HOMES TO 4 CONDO UNITS. I ALSO HAD A MEETIMG WITH THE OWNER AND THE BUILDINGS ARE LESS THEN 30'. THEY ARE ABOUT 25' AND UNDER THE STANDARD THE WALLS BETWEEN BUILDINGS MUST BE 1 HOUR RATED. ALSO 1 HYDRANT WILL HAVE TO BE ADDED IN FRONT OF UNIT #23 WHICH IS APPROVED BY THE OWNER. 2. J-CARE SUPPLIES INC. LOT#3 ETHAN ALLEN DRIVE PLANS REVIEWED BY THIS DEPARTMENT AN THE FOLLOWING MUST BE CORRECTED IF WE ARE TO GIVE PROPER FIRE PROTECTION: A: DUE TO ONLY ONE WAY INTO PROPERTY THE ROAD FROM THE FRONT OF BUILDING ALONG THE SIDE TO THE BACK RAMP AREA MUST BE NO LESS THEN 30' WIDE FOR EMERGENCY EQUIPMENT TO SET UP. B. INFORMATION IS NEEDED ON THE HYDRANT SYSTEM LOCATION TO THE PROPERTY. 3. SCOTT HOSELTON PLAN OF LAND ON IMPERIAL DRIVE MORE INFORMATION IS NEEDED ON WHAT THE PROBLEM IS. M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: March 20, 1990 agenda items Date: March 16, 1990 3) 3-LOT SUBDIVISION. IMPERIAL DRIVE Mr. Scott Haselton proposes to adjust the boundaries of 3 exist- ing lots to create 3 new lots of 24,900 square foot, 18,400 square feet, and 13,900 square feet. Since existing lots would be enlarged by the adjustment so that they are capable of subdi- vision into more lots than before the adjustment, subdivision approval is required (Section 103, definition of subdivision, South Burlington Subdivision Regulations). The Sketch plan was reviewed on 2/6/90 (minutes enclosed). City Attorney Steve Stizel advised against approving two residen- tial structures on a lot. He said that the second structure would have to be approved as an accessory residential use. He said this precedent would probably lead to an influx of requests for accessory residential uses. I informed the applicant's representative of Steve's opinion. Ms. Hancock said they would have no problem with a stipulation prohibiting residential use of the structure. In fact., they are currently looking into having the structure taken down. The approval motion should be very clear that lot 8A is to be merged with George and Cecile Handy's lot to the north (25 Impe- rial Drive), thereby creating a 0.6 acre lot. Lot 8A is not: to exist as a separate lot. 4) 3-LOT SUBDIVISION AND 8 UNIT PRD, PATCHEN ROAD This application has been properly warned. The minutes and staff reports for the improperly warned preliminary plat hearing (2/13/90) are enclosed. Also enclosed is a suggested motion: for Tuesday's meeting. 5) MORWOOD, OFFICE USE, 333 DORSET STREET 'The adjoining property owners to the west have been notified as requested by the Planning Commission. Enclosed is a suggested motion. 1 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 20, 1990 agenda items Date: March 16, 1990 3) HASELTON SUBDIVISION. IMPERIAL DRIVE Plan dated December 1989 prepared by Fred Koerner is acceptable. 5) MORWOOD OFFICE BUILDING. DORSET STREET Storm drain shall be plastic laid to grade for tie into the system planned for Dorset Street. 6) J-CARE SUPPLIES INC.. LIME ROCK ROAD The plan dated August 1986 titled J-Care Supplies Inc., lot 3- Ethan Allen Farm is acceptable. 7) LAKEWOOD DEVELOPMENT. SHELBURNE ROAD 1. What was an attractive development is spoiled by squeezing another building where a lawn was originally planned. 2. The front parking spaces should be eliminated. 3. The service drive to Holmes Road is too narrow for parking and two way traffic. If it is to be used for parking it should be widened to 32 feet with curb at least on the parking side. There should also be a sidewalk to get to this parking. 4.. Location of the sewer shall be at last 10 feet from the proposed building and within a 20 foot easement. No other utili- ties shall be placed within this easement. 5. Plan should show the existing sidewalk on Shelburne Road. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 16, 1990 Ms. Ann Hancock Box 1621, RD 1 Charlotte, Vermont 05445 Re: Subdivision, Imperial Drive Dear Ms. Hancock: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next. Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's continents. Please be sure someone is present on Tuesday, March 20, 1990 at 7:30 P.M. to represent your request. 5 ccere) y , E%t Joe Weith, City Planner Encls JW/mcp PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hear- ing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, March 20, 1990 at 7:30 P.M. to consider the following: 1) 'Final Plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 square feet, 18,400 square feet and 13,900 square feet. The property is located on Imperial Drive and is bounded on the west by G. Handy and Plaza Investments, on the south by D. Blodgett, on the east by C. Snyder and on the north by Imperial Drive. 2) Revised Final Plat application of Homer Dubois to construct aconnector road (Adirondack Street) between Butler Farms and Oak Creek Village and treat this connection as a second access to the Butler Farms residential development, Hinesburg Road. The Butler Farms development is bounded on the north by J. Ng, R. Hartwick, R. LaBerge, Oak Creek Investments, and the City of South Burling- ton, on the west by D. Economou, on the south by J. Marceau and S. Bogorad, and on the e=st rl= the City of South Burlington and Hinesburg Road. Copies of the Final Plats are available for public inspection at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission March 3, 1990 3/20/90 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Final Plat application of Scott Haselton for subdivision of 1.3 acres of land into 3 lots of approximately 24,900 square feet, 18,400 square feet, and 13,900 square feet as depicted on a plan enti- tled "Scott Haselton, Plan of Land on Imperial Drive," prepared by Fred C. Koerner and dated 12/�-Q, with the following stipula- tions: qc� 1. The existing rear structure on lot 1OR shall not be used for residential purposes. This structure is limited to nonresidesn- tial accessory uses such as storage or work shop. 2. This approval is contingent upon the transfer and merger of lot 8A to the property to the north which is owned by George and Cecile Handy. Lot 8A shall not exist as a separate lot. 3. The final plat shall be recorded with the City Clerk within 90 days or this approval is null and void. CITY OF SOU1111 RURIANIGION Sulxiivision Application - SKI-NUI i'LAN 1) Naime, address, and phone number of: a. Owner of record Scott E. Haselton b. Applicant Scott E. Haselton by and through Benjamin F. Schweyer per Power of Attorney c. Contact person Anne Hancock and Benjamin F. Schweyer 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). To add additional land to Lots 9 & 10, Inperial Drive. Land to be added to is already owned by Scott E. Haselton. To sell land owned by Scott E. Haselton in trZ rear or Lot 6 to e owners ot Lot 8, George & Cecil Handy for purpose of increasing size of backyard of Lot 8. 3) Applicant's legal interest in the property (fee simple, option, etc) Fee simple. 4) Names of owners of record of all contiguous properties Handy, Blodgett, Brown (Plaza Tnves ntg) an(i sny Pr 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Original covenants of Taurel Hill South are on original Lots 9, 10 and 11. % 6) Proposed extension, relocaLi.on, or modi.ficaLion of municipal facilities such as saniLar•y sewer, water• supply, streets, storm drainage, etc. NnnP 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: None 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) applicant or contact person date era IMPERIAL DRIVE George P. and Cecil* S. Handy Vol. 66 Pg. 187 August 10, 1963 George P. and Cecile S. Handy Vol. 56 Pg. 336 April 3, 1961 �32 , s 0 0 n —.. 34.00 m d Plaza Investments N dy„ 9?i7ps Vol. 272 Pg. 218 6 November 15, 19. 4' aZ,00 1 01 , 114.00 116.00 �- @tea � @@s aO )Ja ..- .. 4j. T9 �h 'Jy. tT0 ` p0 JO 1 TOE. O O 0 0 163*12,30" I96e47'W LOT IIR w� o� LOT 8A 01. p1 O 3•qa g995 104.T2 J Oe' 82.09 Thuma.A. Farr JUM 7, 1978 •' Boundary Line AWs8ftt nNVol. 143 Pg- and Dorothy t em else Dennis L. Blodgett Vol. 218 Pg. 395 December 10, 1986 O 15 30 60 90 120 150 Graphic Scale Conetance D. Snyder Vol. 93 Pg. 506 t November 25, 1974 NOTE Information for Lots 9, 10 and II taken from Plan of Lots, Laurel Hill South, Vol. 49 Pg, 93, August, 1963. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 March 12, 1990 Ms. Ann Hancock Box 1621, RD 1 Charlotte, VT 05445 Re: Subdivision, Imperial Drive Dear Ms. Hancock: ZONING ADMINISTRATOR 658-7958 Enclosed are the 2/6/90 Planning Commission meeting minutes. Please call if you have any questions. cere , Joe Weith, City Planner 1 Encl JW/mcp A/16 - lw/ ,s7r--r,- s-7--,77ug Z�v4zz� elk CITY OF SOUTH BURLING"ION Subdivision Application - FINAL PLAT 1) Name of Applicant Scott E. Haselton 2) Name of Subdivision Laurel Hill South Lots 9R and 1OR plus Lot 8A 3) Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application: 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: 5) Submit five copies of a final set of plans consisting of a final plat plus engineering -drawings and containing all information required under section 202.1 of the subdivision regulations for a minor subdivision and under section 204.1(a) for a major subdivision. 6) Submit tfo draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivision. � 'sue✓%�..�...: � (Sigroture) Date MCNEIL & MURRAY ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 271 SOUTH UNION STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 863-4531 FAX (802) 863-1743 JOSEPH C. McNEIL (1919-1978) JOSEPH E. McNEIL FRANCIS X. MURRAY JOHN T. LEDDY NANCY GOSS SHEAHAN STEVEN F. STITZEL PATTI R. PAGE• WILLIAM F. ELLIS LINDA R. LEROY SUSAN H. COMPTON* SUSAN GILFILLAN (*ALSO ADMITTED IN N.Y.) Joe Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: Haselton Subdivision Dear Joe: March 20, 1990 OF COUNSEL ARTHUR W.CERNOSIA You have asked whether the Planning Commission may approve a subdivision that results in the location of two residential structures on a single lot. It is my understanding that the lot would meet the minimum lot size requirement for a duplex but would not be of sufficient size to be divided into two single family lots. I further understand that one of the structures is used as a principal residence while the other has been used only as a guest house. For the reasons set forth below, it is my opinion that the approval of such a lot may not comply with the requirements of the South Burlington Zoning Regulations. The location of two, separate, single family dwellings on a single lot does not constitute a two family dwelling within the meaning of the South Burlington zoning regulations. Consequently, the structures must either be regarded as two principal structures on a single lot or one principal residential structure and a second structure which is accessory to the principal residential structure. Section 505 of the Subdivision Regulations requires all proposed subdivisions to conform to "all bylaws of the city, including the City Zoning Ordinance." Section 19.65 of the South Burlington Zoning Regulations provides that there shall be only one principal building or structure on a lot unless the lot is approved by the Planning Commission for multiple structures as a commercial or industrial complex or a planned unit development. Joe Weith, Planner March 20, 1990 Page 2 It is my understanding neither of these special provisions are applicable in this case. Therefore, the issue presented is whether the second residential structure may be regarded as "accessory" to the primary residence. To decide this issue, the Planning Commission should determine whether it is customary in South Burlington for primary residences to have guest houses. There is some legal authority that a second residential structure used as a guest house can be regarded as accessory to a primary residence. There is also authority to the contrary. In deciding this issue, the Planning Commission should be mindful that a determination that guest houses are customary to primary residences in South Burlington may establish a precedent that would allow the establishment of guest houses on many South Burlington lots. If the Planning Commission concludes that a guest house is not accessory to a primary residence in South Burlington, it may still approve the proposed subdivision if use of the second structure is restricted to a nonresidential, accessory use. For example, the use of the structure could be limited to a storage shed or work shop which are typical accessory structures. Please let me know if I can provide further assistance on this matter. Very truly yours, Steven F. Stitze\ SFS/arc SON015.COR I M E M O R A N. D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 6, 1990 agenda items Date: February 2, 1990 3) CHAMPLAIN WATER DISTRICT. QCP ROAD CWD proposes to construct a 3,900 square foot addition for water service use and a 1.0 M.C. water storage tank. This proposal was approved by the Planning Commission on 6/20/89 (minutes enclosed). The applicant failed to obtain a building permit within 6 months, therefore, the approval is null and void. CWD is coming back for reapproval. All of the stipulations requiring the plan to be revised have been addressed on the new plan. The applicant is proposing to plant white and mugho pine along the east and south east property lines. This will require the posting of a $1,700 landscaping bond. The slope rights and snow storage easement has been re- corded. 4) HASELTON, 3-LOT SUBDIVISION. IMPERIAL DRIVE Mr. Scott Haselton by and through Benjamin Scheweyer per Power of Attorney, proposes to subdivide approximately 1.7 acres of land into 4 lots of .4, .6, .4 and .3 acres, respectively. One of the lots shown on th plat (lot 11R) would actually not change or be subdivided. City Attorney Steve Stitzel advised to warn the application as a 4 lot subdivision since 4 lots are shown on the platibut, treat the application as a minor subdivision since only 3 lots are really being subdivided. The property is bounded on the east by a single-family residence, on the south by a vacant wooded parcel which has been approved for multi -family use (Dennis Blodgett), on the west by commercial uses (Handy Motel and Shelburne Plaza) and on the north by Impe- rial Drive. A single-family house and separate cottage exists on lot 10R (.6 acre lot). The property is zoned R-4. Lot 8A is to be conveyed to and merged with the Handy lot to the north. 1 Memorandum February 6, February 2, Page 0- - Planning 1990 agenda items 1990 Setbacks/frontage: All setbacks are met with the exception of the front yard setback of the existing house on lot 10R. Howev- er, this is an existing condition and has nothing to do with this subdivision. Minimum frontage requirements are met. Recreation: Lots 11R and 9R should be required to pay the $200 per unit recreation fee when they are developed. Other: The plan should indicate the lot sizes. A note should be included on lot 8A indicating that it is to be conveyed to and merged with the Handy lot to the north. The final plat must be stamped and signed by a licensed land surveyor. 5) BERARD, OFFICE USE, ETHAN ALLEN DRIVE Randy Berard proposes to convert a 3,100 square foot barn into office use. There is presently a contracting business and resi- dence on the site. The parcel is zoned I-C and is bounded on the east by a vacant industrial lot, on the west by a contracting business, on the north by Ethan Allen Drive and on the south by Commerce Avenue. Access/Circulation Access to the office space and contracting business would remain via a 20' wide drive off Ethan Allen Drive which extends on through to a connection to Commerce Avenue. Circulation is adequate. A separate access drive for the resi- dence off Ethan Allen Drive would remain. An existing driveway to the barn would be removed and seeded. This curb cut should be closed. Setbacks/coverage: All setback requirements are met. with the exception of the front yard setback of the house. This applica- tion does not affect the house. Coverage requirements are met. Parking: The commercial uses require 13 parking spaces. There is also a large gravel lot near the storage building for company vehicles. Sewer: An additional sewer allocation of 150 gpd should be required assuming 10 new office employees. The applicant should pay the $2.50 per gallon fee at permit application. 2 R C JIN OF SOM IJ I'mm'11, 'IC)N SUbdivision Application - SKI-M-11 L'IAN 1) Nanx, address, and phone nwnber of: a. Owner of record Scott E. Haselton _ _ ___ b. Applicant Scott E. Haselton by and through Benjamin F. Schweyer per Power of Attorney c. Contact person Anne Hancock and Benjamin F. Schweyer 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). To add additional land to Lots 9 & 10, Imperial Drive. Land to be added to is already owned by Scott E. Haselton. To sell land owned by Scott E. Haselton in the rear or Eot 8 to e owners ot Lot 8, George & Cecil Handy for purpose of increasing size of backyard of Lot 8. 3) Applicant's legal interest in the property (fee simple, option, etc) Fee simple. 4) Names of owners of record of all contiguous properties Handy, Blodgett, Brown (Plaza Tnv S ntS) and Snyder 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Original covenants of TaurP1 Hill South are on original Lots 9, 10 and 11. A 6) Proposed extension, relocation, or modi.fi.eaLion of municipal facilities such as sani.tar•y sewer, water• supply, streets, storm drainage, et-c• None 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission wt,ich affect the proposed subdivision, and include the dates of such actions: None 8) Submit five copies and one reduced copy (8 1/2 x 11 or 8 1/2 x 14) of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Si nature) appl.i an or conta person dat -2- Pe- X4 -riA G- u .y, G4 i , 'Al Planning File Data for Computer Input I Original Property Owner____ .S C, 2. De%,eloper's Name ... ........ 3 Name of Development. 4. Address of Development or Project 5. Ty p e o f P r oj e c t ik-I :P- S,7y) Minor Subdivision (qll Major Subdivision (MS) Site Plan (SP) 6. Zoning District 1 -q i. Zoning District 2 8. Zoning Board Approval date if Required 9. Date of Planning Commission Hearings/Meetings Site Plan Date or Sketch Plan Date 10. Preliminary Plat date 11 Final Plat Date 12. Revised Final Plat Date 1 (if applicable) 13. Revised Final Plat Date 2 (if applicable) 14. Acreage of Total Project 15. Usf- of Land 1 Use of' band 2 Use of Land 3 18. (se ()I* Land 4 19. Number of Lots ::.10 Number of Si nrr I e Fam i I y Units. I Numhe r of Mii I t i - fam i I y Units 2z. t rtlo t i (III Cost n f, Hui I d i Itg 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 34. 36. 37. KS Size of Building (Square footage) Streets _ City Street CS Private Street PS Date of Acceptance of streets by City Bond -Landscaping Bond -Streets Bond -Sewer Bond -Water Bond -Other Date Mylar Due (90 days after approval) Date Recorded - Expiration date of Approval Date of First Building Permit Tax Map Number 79- /v- 3 Map File Location 1 Map File Location 2 Map File Location 3 Other fees ('Type and amount) Preparers Name:_ Date: Posted in Computer (Name, Date): PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 February 2, 1990 ZONING ADMINISTRATOR 658-7958 Ms. Ann Hancock Box 1621, RD 1 Charlotte, Vermont 05445 Re: Subdivision, Imperial Drive Dear Ms. Hancock: Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, February 6, 1990 at 7:30 P.M. to represent your request. 7oe erely, Weith, City Planner Encls JW/mcp M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: February 6, 1990 agenda items Date: February 2, 1990 4) RANDY BERARD. ETHAN ALLEN DRIVE Radii on entrance drive should be 10 feet. This drive shall be constructed before the completion of the final paving course is put down by the City. 5) CHAMPLAIN WATER DISTRICT. QUEEN CITY PARK ROAD Work as shown on site plan C-3 dated October 1989 is complete except for paving and drainage inlets that will be constructed this coming construction season. PUBLIC HEARING SOUTH BURLINGTON" PLANNING COMMISSION The South. Burlington Plan- ringg Commission will hold o ppuublic hearing at the So nguth Burliton City Hall, Coal ence Room, 575 Dorse Street, South Burlingtont , ` Vermont on Tuesday, March 20, 19% at 7:30 P.M to consider the following: ' 1) Final Plot application of', Scott Hoselton for subdidr Sion of 1.3 acres of land into 3 lots of approximately 24,900s quare feet, 18,4 square feet and 13,900j square feet. The property is located on Imperial Drive and is bounded on the west by G. Handy and Plaza In- vestments, on the south by D. Blodgett, on the east by C. Snyder and on the north by Imperial Drive. 2) Revised Final Plat apPlico- tion of Homer Dubois to construct a connector road (Adirondack Street) be- tween Butler forms and Oak Creek Village and treat this connection as a second ac- cess to the Butler Farms resi- dential development, Hinesburg Road. The Butler Farms development is bounded on the north by J. Ng, R. Hartwick, R. LaBarge, Oak Creek Investments, and the City of South Burlingt on the west by D. Econon- omou, on the south by J. Marceou and S. Bogorod, and on the east by the City of South Burlington and Hi- nesburg Road. Copies of the Final Plats are available for public inspec- tion at the South Burlington City Hall. William Burgess, Chairman, South Burlington Planning Commission March 3, 1990 George P. and Cecile S. Handy Vol. 66 Pg. 187 August 10, 1963 S. Handy 336 .I \24 •o'j po" O' O ------ - :00-7 T-34 , s�o Plaza Investments N�`9-, , Qc'S Vol. 272 Pg. 218 U") O', a November 15, 1988 It o2$O i58.S� 9� '5a� G� cD 0 r �!1 Dennis L. Blodgett Vol. 218 Pg. 395 December 10, 1986 100.00 o (9sa - p •' .ba %, D° ao,- o`h L 0 T 9 ca N 0 9 0 dz -off M N O O 0 0 0 L\Zo� o LOT 10 00 00 . 109.71 180000 00" l ZS.7o OSO� ohs h \See Detail "A" oe76 Boundary Line Agreement between Thomas A. Farrell and Dorothy Melendy Haselton On 71 ,limp 7• 1978 'Q