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
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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)
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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
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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
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OF CALCULATED CORNER
1 +,2AOEEo .1
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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
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KttlAK do l:Al-
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80-4
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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
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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
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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
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0.
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34.00
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84;00 I16.00
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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.
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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
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Plaza Investments N�`9-,
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Vol. 272 Pg. 218 U") O',
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November 15, 1988 It o2$O i58.S�
9� '5a�
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Dennis L. Blodgett
Vol. 218 Pg. 395
December 10, 1986
100.00
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oe76
Boundary Line Agreement
between Thomas A. Farrell
and Dorothy Melendy Haselton
On 71 ,limp 7• 1978 'Q