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Home My WebLink AboutBATCH - Supplemental - 0070 Joy DriveGRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telepbone 802.658.0220 Facsimile 802.658.1456 www. gravelshea.com Writer's E-Mail: jponsetto@gravelshea.com March 26, 2007 Raymond J. Belair Adriinistrative Officer South Burlington Department of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Re: Hall Communications, Inc. Development on Joy Drive, South Burlington Dear Ray: Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly John R. Ponsetto Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Andrew D. Manitsky Michelle N. Farkas William A. Mason, IV Matthew B. Byrne Clarke A. Gravel (1916-2002) Charles T. Shea Of Coundel Norman Williams Jennifer A. Giaimo° Mary Patricia Hagan** Special Counsel Heather Rider Hammond Megan J. Shafritz Ross A. Feldmann Jared M. Margolis *Admitted only in Texas and New York —Admitted only in Rhode Island and Massachusetts I represent Hall Communications, Inc. ("Hall"), the owner and operator of several local radio stations. Currently, Hall has offices and broadcast studios at two locations in the area, on Champlain Street in Burlington and on Joy Drive in South Burlington. Hall's plan is to consolidate its facilities at the Joy Drive site. The Joy Drive property is 3 acres and is the site of a 6,000 square foot building, which houses offices and radio studios with drives and parking spaces, and a 362 foot communications tower with antennas. The building and tower were constructed or erected in 1968. Hall's plan is to expand the existing building with additional offices and radio broadcasting facilities, with additional parking, and to add two transparent (see through) dishes, 4 feet in diameter, one at 50 meters and another at 100 meters, to the communications tower. The developed portion of the Joy Drive site is located in the Interstate Highway Overlay ("IHO") District of the South Burlington Land Development Regulations ("Regulations"). The underlying district is Commercial 1 where offices and radio studios are permitted use. The IHO District is defined as "all land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights of way ..." (Section 10.04(B). All structures and uses are prohibited in the IHO District except as permitted in Section 10.4(C), which does not include offices, radio studios, telecommunication towers, or antennas as permitted structures or uses. GRAVEL AND SHEA Raymond J. Belair Administrative Officer March 26, 2007 Page 2 The question then is, do the Regulations allow for the expansion of non -conforming structures and uses in the IHO District? Section 3.11(D) (Alterations to Non -Complying Structures) provides that "any non- complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential property and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply of the provisions of these regulations (e.g., setback requirements)." (Emphasis added.) Requiring compliance with Section 3.11(B) in order to expand a non -conforming structure creates a serious conflict. Section 3.11(D) allows an expansion of any non -complying structure (and presumably use) up to 25% of the current assessed value of the affected commercial property. Section 3.11(b)(5)' and (6)2 specifically prohibit enlargement or increase of degree of non-compliance of both "structures" and "uses". With one hand the Regulations grant a limited exception that allows an expansion of a non -conforming structure or use, but with the other hand takes it away. The logical reading of Sections 3.11(D) and 3.11(B) is that the South Burlington planners could not have intended that their carefully crafted exception to the general rule that non -conforming structures may not be expanded by reference to another section of the Regulations that effectively repeals that exemption. This conflict is resolved by the rule that because land use regulations (zoning) are in derogation of the common law, any ambiguity or uncertainty must be resolved in favor of the land owner. In re Miserocchi, 170 Vt. 320 (2000) and Murphy v. First National Bank, 122 Vt. 121 (1960). As for the applicable "provisions of these regulations," such as setbacks, the Regulations do not, unlike that with another overlay district (Flood Plain at Section 10.1(E)), establish setback requirements in the IHO District for uses and structures that are allowed within that District. That being the case, it is reasonable to apply the setback regulations applicable to the underlying C1 District. (See Table C-2, which establishes 30', 10' and 30' setbacks for front, side and rear yard, respectively, in the underlying C1 District.) ' "a non -complying structure shall not have its degree of non-compliance increased" 2 44a non -conforming use shall not be extended or enlarged ..." GRAVEL AND SHEA Raymond J. Belair Administrative Officer March 26, 2007 Page 3 By allowing Hall to consolidate operations into one building on Joy Drive in South Burlington, it would enable Hall to better serve the community. The combining of resources currently operating in two different buildings would be brought together to improve news coverage, promotion of community events, and better transmission of emergency and alert information. One location would also enable the public better access to public service programming, and recording public information programs. All of this means that Hall may expand its existing facilities and its activities and buildings in which they occur, up to 25% of the current assessed value of its Joy Drive 3-acre property, subject to complying with the underlying District setback requirements. Please advise. Very truly yours, RAVEL AND SHEA John R. Ponsetto JRP:slm CITY CLERK'S OFFICE; Receive Recorded in Vol., VERMONT AGENCY OF TRANSPORTATIONQ(So. 6uf(inglon Land Records on pag"M Attest.-� �85 QUIT -CLAIM DEED KNOW ALL TO WHOM THESE PRESENTS COME: Margarel A. Picard, City Clerk That the State of Vermont, a sovereign state, Grantor, acting by and through its Agency of Transportation, pursuant to and as authorized by 19 V.S.A. Sections 26 and 1706, and in consideration of ONE and NO/DOLLAR ($1.00) paid to its full satisfaction by the City of South Burlington, Grantee, a municipal corporation having its situs in the County of Chittenden and State of Vermont, has REMISED, RELEASED AND FOREVER QUIT -CLAIMED unto said City of South Burlington, its successors and assigns, all right, title and interest in and to a certain parcel of land located in the City of South Burlington, in the County of Chittenden and State of Vermont and being more particularly described as follows, viz: Being part of the same land and premises acquired by the State of Vermont from the University of Vermont; from Urban A. and Charlotte Wheelock; and from Walter W. and Phyllis A. Edlund by Condemnation Order dated April 19, 'M 1961 and recorded April 25, 1961, in Book 48, Pages 467-478 and by Amendment ;0 No. 2 to Condemnation order dated May 10, 1961 and recorded May 13, 1961, in sWVL%,=.V Book 48, Page 499; both of the Land Records of the City of South Burlington, and being more particularly described as follows: COO. rTq"r4_% Beginning at a point in the northerly right-of-way boundary of Interstate 189, so-called the Shelburne Connection, and in the believed property line between land now or formerly owned by the State of Vermont and land now or formerly owned by National Gardening Association, Inc., said point �.. being located 5 meters (16 feet) distant southerly radially from approximate station 1+594 of the established centerline of Transportation Path Project South Burlington STP Bike (6), said centerline hereinafter referred to as CL; thence 10 meters (33 feet), more or less, northeasterly in the aforesaid property line, crossing said CL, to a point 5 meters (16 feet) distant northerly radially from approximate station 1+597 of said CL; thence 13 meters (44 feet), more or less, northeasterly in the aforesaid property line to a point 18 meters (59 feet) distant northerly radially from approximate station 1+602.5 of said CL; thence 75 meters (246 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point 5 meters (16 feet) distant northwesterly radially from approximate station 1+680.5 of said CL; thence 17.5 meters (50 feet), more or less, easterly inNthe aforesaid highway right-of-way boundary, crossing said CL, to a point in the believed property line between land now or formerly owned by National Gardening Association, Inc. and land now or formerly owned by Mt. Mansfield Television, Inc., 1.5 meters (4.9 feet) distant southeasterly radially from approximate station 1+697 of said CL; ,' 4 • I • 1 5-30-07; 2:3OPM; thence 93 meters (305 feet), more or less, easterly in the aforesaid highway right-of-way boundary, crossing said CL, to a point 5 meters (16 feet) distant northerly radially from approximate station 1+791 of said CL; thence 20.5 meters (67 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point in the believed property line between land now or formerly owned by Mt. Mansfield Television, Inc., and land now or formerly owned by Pizzagalli 9.S meters (31 feet) distant northerly at right angle from approximate station 1+812.5; thence 195.5 meters_(641 feet), more or less, easterly in the aforesaid highway right-of-way boundary, to a point, marked by a highway monument, in the believed property line between land now or formerly owned by Pizzagalli and land now or formerly owned by Hall Communications, Inc., 15 meters (49 feet) northerly at right angle from approximate station 2+009 of said CL; thence 165 meters (541 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point, marked by a highway monument, in the believed property line between land now or formerly owned by Hall Communications, Inc. and land now or formerly owned by Meadowbrook Condominium Association, Inc., 17 met zs (56 feet) distant northwesterly radially from approximate station 2+1e75 of said CL; thencea'd`9 meters (62 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point 5 meters (16 feet) distant northwesterly radially from station 2+205 of said CL; thence 86.5 meters (284 feet), more or less, easterly in the aforesaid highway right-of-way boundary, crossing said CL twice, to a point 5 meters (16 feet) distant northerly at right angle from station 2+290 of said CL; thence 102.5 meters (336 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point, marked by a concrete monument, in the believed property line between land now or formerly owned by Meadowbrook Condominium Association, Inc. and land now or formerly owned by the University of Vermont, 26 meters (85 feet) distant northerly at right angle from approximate station 2+397.5 of said CL; thence 172.5 meters (566 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point 18.5 meters (61 feet) distant northerly at right angle from station 2+571 of said CL; thence 153.5 meters (503 feet), more or less, easterly in the aforesaid highway right-of-way boundary to a point, marked by a highway monument, 6.5 meters (21 feet) distant northwesterly at right angle from approximate station 2+728.5 of said CL; RE South Burlington STP Bike (6)S Quit Claim Deed City of South Burlington 2 5-30-07; 2:30PM; ; b b b z 6 dz thence 80 meters (262 feet), more or less, northeasterly in,the aforesaid highway boundary to a point 5 meters (16 feet) distant westerly at right angle from approximate station 2+819.5 of said CL; thence 12.5 meters (40 feet), more or less, northeasterly, crossing said CL, to a point 5 meters (16 feet) distant easterly at right angle from station 2+851 of said CL; thence 4 meters (13 feet), more or less, northeasterly to a point in the westerly right-of-way boundary of Spear Street, 8 meters (26 feet) distant easterly at right angle from approximate station 2+853,5 of said CL; thence 15 meters (49 feet), more or less, southerly in the westerly right-of-way boundary of Spear Street to a point 7 meters (23 feet) distant easterly radially from approximate station 2+814.5 of said CL; thence 68.5 meters (225 feet), more or less, southerly to a point 36 meters (118 feet) distant southeasterly at right angle from station 2+764 of said CL; thence 274 meters (898 feet), more or less, westerly to a point 15 meters (49 feet) distant southerly radially from station 2+497.5 of said CL; thence 7 meters (23 feet), more or less, northerly to a point 8 meters (26 feet) distant southerly radially from station 2+497.5 of said CL; thence 189 meters (519 feet), more or less, westerly to a point 21 meters (69 feet) distant southerly radially from station 2+319 of said CL; thence 24.5 meters (80 feet), more or less, westerly to a point 24.5 meters (80 feet) distant southerly at right angle from station 2+282.5 of said CL; thence 15 meters (49 feet), more or less, northerly to a point 9.5 meters (31 feet) distant southerly at right angle from station 2+281 of said CL; thence 76 meters (249 feet), more or less, westerly to a point 6.5 meters (21 feet) distant southeasterly radially from station 2+197 of said CL; thence 22.5 meters (74 feet), more or less, southerly to a point 21 meters (69 feet) distant southeasterly radially from station 2+180.5 of said CL; thence 98.5 meters (324 feet), more or less, westerly to a point 4.5 meters (15 feet) distant southerly at right angle from station 2+094 of said CL; thence 373 meters (1,223 feet), more or less, westerly to a point 20.5 meters (67 feet) distant southerly radially from station 1+716 of said CL; RE South Burlington STP Bike (6)S (quit -Claim Deed City of South Burlington 3 r,rF 1 • 9 b-3u-U/; L:UUHNI; thence 92 meters (302 feet), more or less, westerly to a point 7.5 meters (25 feet) distant southerly at right angle from station 1+623 of said CL; thence 30 meters (99 feet), more or less, westerly to a point 7.5 meters (25 feet) distant southerly radially from station 1+595 of said CL; thence 3 meters (10 feet), more or less, northerly to the point of beginning. Said parcel consists of 2.8462 hectares (7.03 acres), more or less, as shown as Parcel 3B an sheets 5 through 9 of 15 of Transportation Path Project South Burlington STP Bike (6). The State of Vermont, Agency of Transportation, excepts and reserves from this conveyance the following: an easement -to maintain a drainage ditch located between approximate stations 2+197 to 2+281 of the,;aforementioned CL and thereby the right to discharge water through said drainage ditch onto the land of the Grantee; an easemerit to maintain the fence located on the southerly boundary of parcel describdSlierein; the right/to limit air, access, view and light including all rights of ingress and egress to, from, between and across the designated limited access right-of-way boundary for the Shelburne Connection, Interstate 189, beginning at a point 5 meters (16 feet) distant southerly radially from approximate station 1+594 of the aforesaid CL; thence 3 meters (10 feet), more or less, southerly to a point 7.5 meters (25 feet) distant southerly radially from station 1+595 of said CL; thence 30 meters (99 feet), more or less, easterly to a point 7.5 meters (25 feet) distant southerly at right angle from station 1+623 of said CL; thence 92 meters (302 feet), more or less, easterly to a point 20.5 meters (67 feet) distant southerly radially from station 1+716 of said CL; thence 373 meters (1,223 feet), more or less, easterly to a point 4.5 meters (15 feet) distant southerly at right angle from station 2+094 of said CL; thence 98.5 meters (324 feet), more or less, easterly to a point 21 meters (69 feet) distant southeasterly radially from station 2+180.5 of said CL; RE South Burlington STP Bike (6)S Quit -Claim Deed City of South Burlington 4 ; 6582882 5-30-07; 2:3OPM; / thence 22.5 meters (74 feet), more or less, northerly to a point 6.5 meters (21 feet) distant southeasterly radially from station 2+197 of said CL; thence 76 meters (249 feet), more or less, easterly to a point 9.5 meters (31 feet) distant southerly at right angle from station 2+281 of said CL; thence 15 meters (49 feet), more or less, southerly to a point 24.5 meters (80 feet) distant southerly at right angle from station 2+282.5 of said CL; thence 24.5 meters (80 feet), more or less, easterly to a point 21 meters; (69 feet) distant southerly radially from station 2+319 of said CL; thence 189 meters (619 feet), more or less, easterly to a paint 8 meters (26 feet) distant southerly radially from station 2+497.5 of said CL; thence 7 meters (23 feet), more or less, southerly to a point 15 meters (49 feet) distant southerly radially from station 2+497.5 of said CL; thence 274 meters (898 feet), more or less, easterly to a point 36 meters (118 feet) distant southerly at right angle from station 2+764 of said CL; thence 68.5 meters (225 feet), more or less, northerly to a point in the westerly boundary of Spear Street, said point being 7 meters (23 feet) distant easterly radially from approximate station 2+814.5 of said CL. Reference may be had to pages 14, 15, 16 and 17 of 200 of the plans of Highway Project Shelburne Connection 1189-3 (11). This conveyance is made subject to the following conditions: The parcel described herein shall be 'used for transportation purposes or for other public uses which have been approved in writing by the Agency of Transportation, and when no longer used as such, said parcel will revert to the State of Vermont, Agency of Transportation. In accordance with 19 V.S.A. Section 1111, the City of South Burlington will issue permits to the following: Hall Communications to allow existing radio tower ground wires to occupy the I 189 right-of-way adjacent to Hall Communications property; Champlain Water District to maintain and/or replace its water line and appurtenances which lie within the parcel described herein. RE South Burlington STP Bike (6)S Quit -Claim Deed City of South Burlington 5 /'' r,14 wq • I. • 1 0 5-30-07; 2:30PM; ;6582882 - of ' 468`' As part of the consideration for this conveyance, the City of South Burlington covenants and agrees that it will not discriminate on the grounds of race, color, national origin, sex or handicap, against such traveling public or transportation users or others in their access to and use of the facilities and services .so constructed, maintained or otherwise operated, and that it shall construct;,titaintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 C.F.R. Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21 (49 C.F.R., Part 21) and as said regulations may be amended. No junkyards, as defined in 23 U.S.C. 5 136 and 24 V.S.A. § 2241, shall be established or maintained on the parcel of land herein conveyed. Any outdoor advertising structures erected on the parcel of land herein conveyed shall conform to 23 U,S.C. § 131 and 10 V.S.A. Chapter 21. This conveyance is subject to any and all easements or restrictions existing or of record. The State of Vermont, Agency of Transportation, having been informed of its right to gave an appraisal made to estimate the fair market value of the land herein conveyed and to receive just compensation based on said appraisal, hereby waive its right to :said appraisal and just compensation. I TO HAVE AND To HOtb all its right, title and interest in and to said quit-claime&,parcel of land to the said City of South Burlington, its successors and assigns, forever. AND FURTHERMORE, the said State of Vermont, a sovereign state, does covenant with the said City of South Burlington, its successors and assigns, that from and after the ensealing of these presents, it, the said State of Vermont, a sovereign state, will have and claim no right in, or to, said quit- claimed parcel of land, except as aforesaid. RE South Burlington STP Bike (6)S Quit -Claim Deed City of South Burlington 6 IJ ;6582882 - 11 1 5-30-07; 2:30PM; ' ♦♦ri , F IN WITNESS WHEREOF, the State of Vermont has caused its name to be subscribed this C day of O cF�L�Q•r 1999, by its Secretary of Transportation, duly authorized so to do. IN PRESENCE OF: STATE OF VERMONT • / AGENCY OF TRANSPORTATION rian R. 3 arles, Its Secretary of Transportation and Duly Authorized Agent STATE OF VERMONT Washington County, ss. At Montpelier, this day of Oc Olo' c-r- 1999, personally appeared Brian R. Searles and acknowledged the foregoing • instrument by him executed as Secretary of Transportation and duly authorized agent of the State of Vermont to be his free act and deed and the free act and deed of the said State of Vermont. Before me, Notary Public APPROVED AS TO FORM: DATED: IN - le, — 19IF177 AgSX,StANT A NEY GENERAL APPROVED PER 19 V S.A. § 1706: GOVERNOR RE South Burlington STP Bike (6)S Quit -Claim Deed City of South Burlington 7 rrf 0 SOUTH BLr.LINGTON DEVELOPMENT REVL W BOARD 15 MAY 2007 Road, and this lot does. Ms. Quimby moved to approve Miscellaneous application 4MS-07-03 subject to the findings of fact. Mr. Behr seconded. The vote on the motion was 1-6. The motion was deemed to have failed and the application was denied. 4. Sketch Plan Application 4SD-07-31 of Marcel Beaudin for a planned unit development consisting of constructing a new single family dwelling, 5 Lyons Avenue: Mr. Dinklage noted that under a PUD, the Board can grant a waiver of up to 5 feet. Mr. Cassidy noted that the neighbors support his application. No issues were raised. 5. Sketch Plan Application #SD-07-28 of Allen Road Land Company for a planned unit development consisting of 30 dwelling units in four buildings, with an existing single family dwelling to remain, 725 Hinesburg Road: and 6. Public Hearing: Preliminary Plat Application #SD-07-29 of Allen Road Land Company for a planned unit development consisting of 30 dwelling units in four buildings, with an existing single family dwelling to remain, 725 Hinesburg Rd: Mr. Belair noted that the applicant has asked to continue until 5 June. Ms. Quimby moved to continue Sketch Plan Application 4SD-07-28 and Preliminary Plat Application #SD-07-29 of Allen Road Land Company until 5 June 2007. Mr. Farley seconded. Motion passed unanimously. 6T Public Hearing: Appeal #AO-07-01 of Hall Communications, Inc., appealing decision of Administrative Officer relating to 70 Joy Drive: Mr. Ponsetto said he felt there is a legal question that can and should be answered without filing a complete application: whether, and to what extent, a non -conforming use can be expanded. Mr. Ponsetto noted that Hall Communications now operates from 2 locations, one in Burlington and one in South Burlington. They plan to consolidate these into one location on Joy Drive. The property is in the C-1 District and the Interstate Overlay District. Because of the latter district, they could not do this work today. The plan is to expand the building by 6000 sq. ft. and add an antenna to the tower. Mr. Ponsetto said they met with Mr. Belair on 12 March and gave him their interpretation of the regulation. Mr. Belair said they can't put a building in the Interstate Highway -2- SOUTH BU,.L,INGTON DEVELOPMENT REVL, W BOARD 15 MAY 2007 Overlay District. Part of the existing building is in that District (it is a non -conforming use that is grandfathered). Mr. Ponsetto said they feel this use can be expanded by 25%, according to Section 3.11. Mr. Dinklage asked what error the applicant feels has been committed. Mr. Ponsetto said that they can't expand a non -conforming use. Mr. Dinklage asked if there is anything in Mr. Belair's memo that the applicant takes issue with. Mr. Ponsetto said there is not. Mr. Dinklage asked if Hall Communication acknowledges that they have not submitted a complete application. Mr. Ponsetto said they so acknowledge. Mr. Dinklage asked if Mr. Ponsetto remembered Mr. Belair saying the DRB could not approve such an application. Mr. Ponsetto said he did. Mr. Dinklage said that was advice, not a decision. He added that Mr. Belair said you can't build in the Overlay District. Mr. Belair said the issue is whether he had made a decision. He stressed that he had not received an application and had not made a decision. He felt there can be no appeal as there is no decision to appeal. Mr. Belair noted the City Attorney has advised that the Board should not act on an incomplete application. Ms. Quimby moved that the Board dismiss Appeal #AO-07-01 per the Findings of Fact and conclusions of law. Mr. Farley seconded. Motion passed unanimously. 8. Continued Sketch Plan Application 4SD-07-15 of JD South Burlington, LLC, for a planned unit development consisting of: 1) subdividing an undeveloped 45.48 acre parcel into to parcels of 20.25 acres and 25.23 acres, and 2) developing the 20.25 acre parcel with 15 single family dwellings and 33 duplexes (66 units), for a total of 81 dwelling units, 2000 Dorset St: Mr. Rabideau reviewed the network of streets. He said they have added units to achieve the target density. He showed the location of these units. He also showed where some curb cuts were reduced to footpaths. Mr. Rabideau noted that staff does not like this iteration of the plan. Ms. LaRose showed the area that was previously broken up. Staff is looking for 400-foot blocks and this is now 1200 feet. The concept staff wants is a network of neighborhood streets. There are also now 7 buildings in the front setback of the buffer where there were previously only 2. Mr. Dinklage stressed that the Board will not be comfortable with less than a 50-foot setback. Ms. LaRose noted this plan is exactly what the Planning Commission wants to disallow. They want a traditional grid design. Mr. Behr cited the problem of getting a grid because of the wetland. -3- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 16, 2007 John R. Ponsetto, Esq. Gravel and Shea PO Box 369 Burlington, VT 05402-0369 Re: Appeal #AO-07-01 Dear Mr. Ponsetto: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project. Should you have any questions, please contact our office. Sincerely, Betsy onough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7005 3110 0004 4484 7101 �a �� - V- CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. §�*444.7�1(c). HEARING DATE:-W� LW—+ NAME MAILING ADDRESS PROJECT OF INTEREST �+ L le. �2 0 ,l, ,:,, ti,.;u' /h�•t -P S,vy (S I�q�7�s i'�QKwRY 14AC-L- � � U ar :S, < —D nU L s .8�✓i if- awls ov� ()SV4077� NI CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 16, 2007 Lance Llewellyn Llewellyn -Howley, Inc. 20 Kimball Avenue, Suite 202N South Burlington, VT 05403 Re: Hall Communications Dear Lance: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Betsy Mc onough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 16, 2007 Dan Dubonnet Hall Communications 70 Joy Drive South Burlington, VT 05403 Re: Hall Communications Dear Mr. Dubonnet: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, '-B� "MAI-) Betsy McDonough Planning & Zoning Assistant I ' CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 16, 2007 Dennis Snyder 15 Davis Parkway South Burlington, VT 05403 Re: Hall Communications Dear Mr. Snyder: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, I " —�* "(-a M Betsy McDonough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 10, 2007 John Ponsetto, Esq. Gravel and Shea PO Box 369 Burlington, VT 05402-0369 Re: Hall Communications Appeal Dear Mr. Ponsetto: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on May 15, 2007 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, 34,-q Imo` Betsy McDonough Planning & Zoning Assistant Encl. Agenda Item #7 MEMORANDUM To: Development Review Board Fr: Raymond J. Belair, Administrative Officer Date: May 8, 2007 Re: Appeal #AO-07-01 of Hall Communications, Inc. BACKGROUND INFORMATION 1. On April 10, 2007 the appellant, Hall Communications, Inc. filed an appeal of the Administrative Officer's decision (copy enclosed). 2. On March 12, 2007 the Administrative Officer met with the appellant's attorney, John Ponsetto, Esq., and Lance Llewellyn, the property owner's engineer, to discuss a potential proposal by the appellant to construct an addition to an existing radio station and office building located at 70 Joy Drive. Hall Communications, Inc., did not submit a complete application. 3. At the March 12, 2007, meeting, the Administrative Officer explained to Mr. Ponsetto and to Mr. Llewellyn that the proposed addition is located in the Interstate Highway Overlay District (IHO). The IHO does not allow any buildings of any kind except as specifically provided in Section 10.04 of the Land Development Regulations and a radio studio and offices are not listed as allowed (Section 10.04 enclosed). Therefore, as the staff for the Development Review Board, I informed appellant's attorney that the Development Review Board would not have the authority to approve the proposed building addition. However, once appellant submitted a complete application, the Development Review Board would determine its jurisdiction and the scope of its authority. 4. Hall Communications Inc. has not submitted a complete application for a permit. At no time has the Administrative Officer rendered a decision with regards to any addition at 70 Joy Drive. No zoning permit or any other type of application has been approved or denied by the Administrative Officer. - 1 - 5. Since the appellant has not submitted a complete application and since the Administrative Officer has not rendered a decision with regard to the proposed development, the appeal should be dismissed. 6. If, for the sake of argument, the Administrative Officer made a decision at the 3/12/07 meeting, the appeal taken is untimely since it is more than 15 days from 3/12/07 to 4/10/07 when the appeal was filed. 24 VSA 4465(a) requires that a notice of appeal be filed within 15 days of the date of the decision. 7. No decision was made on 3/29/07 by the Administrative Officer. On 3/29/07 the Administrative Officer spoke with the appellant's attorney and informed him that he would not be responding in writing to Mr. Ponsetto's letter of 3/26/07 (copy enclosed), because to do so would be rendering an advisory opinion. -2- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 April 25, 2007 Hall Communications, Inc. Richard P. Reed PO Box 4489 Burlington, VT 05401-4489 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerely, 'Bc� �t"k— Betsy McDonough Planning & Zoning Assistant Encl. cc: John Ponsetto, Esq. CITY OF SOUTH BURLINGTUA DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 April 25, 2007 Pizzagalli Properties Attn: Bob Bouchard PO Box 2009 South Burlington, VT 05407 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, l Betsy McDonough Planning & Zoning Assistant Encl. C in connection with this case. Hon. Brian J. Grearson Family Court Judge ACT 250 NOTICE APPLICATION AND HEARING #4C0887-1 10 V.S.A. §§ 6001-6092 On March 29, 2007, The Sny- der Taft Corners L.P., JCST, LLC and Jean G. Pecor & Stephen E. GianarelLi filed application #4C0887-1 for a project described as a Planned Use Development with 356-residential units and 186,000 sf. of commercial space both served by municipal water and sewer services. The Appli- cant is seeking a permit for the residential component and only partial findings, at this time, for the commercial component. The project is Located on Route 2 in the Town of Williston. This project will be evaluated by the District 4 Environmental Commission in ac- cordance with the 30 environmen- tal criteria of 10 V.S.A. § 6086(a). A prehearing conference is sched- uled for May 14, 2007 @ 9:00 a.m. at the Essex Junction District Office of the Agency of Natural Resources, 111 West Street, Essex Junction, Vermont. Anyone seeking party sta- tus in the application proceedings must attend the prehearing confer- ence or submit a written request, pursuant to Act 250 Rule 14, on or before May 14, 2007. A site visit will be held before the hearing at 8:00 a.m. at the site. Directions to the site: Route 2 east from Taft Comers approximately 800-feet, park at the farmhouse across from Boxwood Street. The following people or organi- zations may participate in the Pre -hearing for this project: 1. Statutory parties: The mu- nicipality, the municipal planning commission, the regional plan- ning commission, any adjacent municipality, municipal planning commission or regional planning commission if the project Lands are located on a town boundary, and affected state agencies. 2. Adjoining property owners: May participate to the extent they can demonstrate that the proposed project will have a direct effect on their properties under the ten criteria of Act 250 pursu- ant to 10 V.S.A. § 6085(c)(1)(E). 3. Other persons: May participate to the extent they can demon- strate that they have with a par- ticularized interest protected by Act 250 that may be affected by PUBLIC HEARING SOUTH BURLINGTON DEVELOP- MENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, May 15, 2007 at 7:30 P.M. to consider the following: 1. Preliminary plat application #SD-07-29 of Allen Road Land Co. for a planned unit development consisting of 30 dwelling units in four (4) buildings, with an existing single family dwelling to remain, 725 Hinesburg Road. 2. Appeal #AO-07-01 of Hall Communications, Inc. appealing decision of Adminstrative Officer relating to 70 Joy Drive. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hall. STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. 50043-06 CnC PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation, Plaintiff v. Keith D. Severy, Eliza B. Severy, Vermont Federal Credit Union And Occupants residing at 11 Cabot Court, South Burlington, Vermont, Defendants NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation to Keith D. Severy dated July 9, 2004 and recorded in Volume 675, Page 336 of the Land Records of the City of South Burlington, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclos- ing the same will be sold at Public Auction at 11:30 A.M. on May 2, 2007, at 11 Cabot Court, South Burlington, Vermont all and singu- lar the premises described in said mortgage: To Wit: Being all and the same land and premises conveyed to Keith D. Severy and Eliza B. Severy by War- ranty Deed of MBL Associates, LLC dated July 8, 2004, and recorded in Volume 675, Page 331 of the City of South Burlington Land Records. Show and tell. View and post up to 6 photos per ad online A lot of land with newly con- structed dwelling house and all other improvements thereon, the dwelling house being known and designated as 11 Cabot Court. Being all of Lot #77 as shown on a property plat prepared in two sections entitled 'Dorset Farms, Dorset Street, South Burlington, Vermont, Lot Layout North Plat, Sheet 2 of 4" prepared by Lamou- reux, Stone & O'Leary Consulting Engineers, Inc., dated August 29, 1997, last revised January 22, 1998 and recorded in Plat Volume 404 at Page 84 of the City of South Burlington Land Records and "Dorset Farms, Dorset Street, South Burlington, Vermont, Bower Street & Cabot Court" prepared by O'Leary -Burke Civil Associ- ates, PLC, dated August 11, 1999, and recorded in Plat Volume 450 at Page 67 of the City of South Burlington Land Records. Also included herewith is one (1) of the two hundred twenty-one (221) memberships of the Dorset Farms Homeowners Associa- tion, Inc. (The "Association"), a non-profit corporation formed to operate and maintain, supervise and otherwise care for or manage the common areas and facilities located in the Dorset Farms Sub- division, which membership shall be appurtenant to and indivisible from ownership of the aforemen- tioned lot. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description. ' Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the City of South Burlington. Other terms to be announced at the sale or inquire at Lobe & Fortin 30 Kimball Ave. Ste. 306 South Burlington, VT 05403, 802 660-9000. PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation By: Joshua Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave South Burlington, VT 05403 SEVEN DAYS I april 25 @Open 24/7/365. Post & browse ads at your convenience. www.sevendaum.cox CHRONIC FATIGUE SYNDROME SUPPORT GROUP: 1-3 p.m., every third Thursday. Burlington Police Station Community Room. One North Ave., South Entrance, next to Battery Park. VT CFIDS Assoc., Inc. 1-800-296-1445 voicemail, www.monkeyswithswings.com/vtc- fidds.html. DEPRESSION: Support group for discussion, sharing insights, etc., for people living with depression. Meets every Thursday, 5:30-6:30 p.m., Winooski Methodist Church. Contact John, 802-324-0576. MAN-TO-MAN CHAMPLAIN VALLEY PROSTATE CANCER: Support group meets 5 p.m., 2nd Tuesday of each month in the board room of Fanny Allen Hospital, Colchester. 1-800- ACS-2345. CENTRAL VT SUPPORT GROUP FOR ADOPTIVE PARENTS COPING WITH BEHAVIORAL PROBLEMS: Will meet at the Easter Seals office in Berlin the first Wednesday of each month, 10:30 AM - 12:30 PM. New members welcome. Facilitated by Patti Smith, MA & Kristi Petrochko, BA. Info, call Kristi at 802-223- 4744. FAT FLUSHERS UNITE!: Do you need support starting or staying motivated on the Fat Flush Plan by Ann Louise Guittleman? FF support group starting in S. Burlington. Call Rhonda 864-0538x226 for details. SQUEAKY WHEELS, RUSTY HINGES: Focus groups meets at the Branon's Pool in St. Albans for socialization, maintaining, wellbeing, improving performance of daily activities by managing aches through sharing experiences and workout in the warm water. Meeting is free, one hour pool pass, swimsuit, required. 732-718-2613. MEN'S GROUP FORMING: To read and discuss Warrin Farrills ground- breaking best-selling book The Myth of Male Power. 802-343-0910. SEPARATED BY ADOPTION?: Con- cerned United Birthparents, Inc. (CUB) announces local peer sup- port group meeting in Burlington. CUB meetings offer a safe, confi- dential, and nurturing environment to explore personal experiences related to adoption, relinquish- ment, search and reunion (or rejec- tion). For those of us who have felt isolated, it is a tremendous relief to communicate with others who understand our experience. 3rd Tuesday of the month 6-7 PM. Uni- tarian Universalist Church on Pearl MEN'S GROUP FORMING: Bz the work of David Deida, G ergetics, and other awarene< tices. The intention of the g to serve members into bei most extraordinary men thi can be. It is for men who a are dying to penetrate even the world with their courag, presence, their unbridled I and relentless love, and thei est burning, bubbling, t desire. The group will func a means for men to suppo other and serve the greate We will be working with s practices, the mind and bo, taking on our Lives with the integrity, impeccability anc ness. The group is not a n group, nor is it a group de to therapy. Info, email handelgroup.com or call 9: 1276. SURVIVORS OF SUICIDE Have you experienced the of a Loved ones suicide? consider joining us. The E ton support group meets 2nd Wednesday of each 6:00 - 7:30 p.m. at the Ui Universalist Church, 152 P Burlington. The meeting wi the Susan B. Anthony Room is on the second floor at tl end of the building. This i therapy group; this is a group. There is no fee. Plea tact Cory Goud, M.A., Psych Master, 802-223-4111. GIRL'S NIGHT OUT: Fun group for single women, lions, weekly activities (c dancing, rock climbing...), care solutions. A great altr to dating! Email horizons4 maiLcom. DEBTORS ANON: 12-step r group. Do you have a probh money and debt? We ca Mondays, 7-8 p.m. First ME Church. Contact Brenda, 3: or Cameron, 363-3747. OVEREATERS ANON:12-ste ery group. Is what you're eating you? Tuesdays, 7- First Congregational Chur 15, Essex Jct. Contact 81 for more info. NARCOTICS ANONYMOUS: of recovering addicts w without the use of drugs. nothing to be a member. 1 requirement is a desire using. For meeting info, c 862-4516 or visit www.cvai Bunn—T r_onmin c... C__ , A � Ao-6q-U1 GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.658.0220 Facsimile 802.658.1456 www.gravelshea.com Writer's E-Mail: jponsetto@gravelshea.com April 9, 2007 South Burlington Development Review Board Attn: Secretary 575 Dorset Street South Burlington, VT 05403 Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly John R. Ponsetto Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Andrew D. Manitsky Michelle N. Farkas William A. Mason, IV Matthew B. Byrne Re: Hall Communications, Inc. Notice of Appeal of Decision of Administrative Officer Members of the Development Review Board: Clarke A. Gravel (1916-2002) Charles T. Shea Of Couneel Norman Williams Jennifer A. Giaimo° Mary Patricia Hagan** Special Couneel Heather Rider Hammond Megan J. Shafritz Ross A. Feldmann Jared M. Margolis *Admitted only in Texas and New York * *Admitted only in Rhode I eland and Massachusetts On behalf of Hall Communications, Inc. ("Hall"), and pursuant to 24 V.S.A. Section 4465 and Section 73.13 of the South Burlington Land Development Regulations ("Regulations"), I am filing this notice of appeal of the decision of the City's Administrative Officer, Raymond Belair ("A. O."). The A. O.'s verbal decision was made on March 29, 2007, in response to my correspondence of March 26, 2007 (enclosed) regarding Hall's proposed alterations of its office and radio studios complex located at 70 Joy Drive in South Burlington, and the application of Section 3.11 (Non -Conforming Uses and Non -Complying Structures and Lots) to that proposed alteration. Hall's property is three acres, a portion of which is within the Regulations Interstate Highway Overlay District ("IHO District"). The A. O.'s decision is that a non -conforming use or structure may not be expanded in the IHO District. Relevant facts and Hall's interpretation of Section 3.11 are set forth in my correspondence of March 26, 2007. The A. O.'s decision is appealable and the appeal was properly filed, according to 24 V.S.A. Section 4465(a), which provides: "An interested person may appeal M decision or act taken by the administrative officer in any municipality, by filing a notice of appeal with the secretary of the board of adjustment or development review board of that municipality ..." (emphasis added). The Development Review Board is authorized "to hear and decide appeals taken under this section, including, without limitation, where it is alleged that an error has been committed in C GRAVEL AND SHEA South Burlington Development Review Board April 9, 2007 Page 2 any order, requirement, decision, or determination made by an administrative officer under this chapter in connection with the administration or enforcement of a by law." (24 V.S.A. Section 4465) (c)(1)). Hall is an interested person as defined by the statute as a "person owning title to property ..., affected by a by-law, who alleges that the by-law imposes on the property unreasonable or inappropriate restrictions to present or potential use under the particular circumstances of the case." (24 V.S.A Section 4465 (b)(1)). By this appeal, Hall requests the Development Review Board to rule that Hall may expand its Joy Drive facility up to 25% of the property's currently assessed value, as is provided for in Section 3.11(d) of the Regulations. Very truly yours, JRP:slm Enclosure cc: Mr. Edd Monskie (w/o enclosure) Mr. Lance Llewellyn (w/o enclosure) Mr. Dan Dubonnet (w/o enclosure) Mr. Raymond Belair (w/o enclosure) RECEIVED APR 10 2007 City of So. Burlington FILE CODE A - Z CLIENT Fua- ILE Writer's E-Mail: jponsetto agravelshea.com March 26, 2007 Raymond J. Belair Administrative Officer South Burlington Department of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Re: Hall Communications, Inc. Development on Joy Drive, South Burlington Dear Ray: I represent Hall Communications, Inc. ("Hall"), the owner and operator of several local radio stations. Currently, Hall has offices and broadcast studios at two locations in the area, on Champlain Street in Burlington and on Joy Drive in South Burlington. Hall's plan is to consolidate its facilities at the Joy Drive site. The Joy Drive property is 3 acres and is the site of a 6,000 square foot building, which houses offices and radio studios with drives and parking spaces, and a 362 foot communications tower with antennas. The building and tower were constructed or erected in 1968. Hall's plan is to expand the existing building with additional offices and radio broadcasting facilities, with additional parking, and to add two transparent (see through) dishes, 4 feet in diameter, one at 50 meters and another at 100 meters, to the communications tower. The developed portion of the Joy Drive site is located in the Interstate Highway Overlay ("IHO") District of the South Burlington Land Development Regulations ("Regulations"). The underlying district is Commercial 1 where offices and radio studios are permitted use. The IHO District is defined as "all land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights of way ..." (Section 10.04(B). All structures and uses are prohibited in the IHO District except as permitted in Section 10.4(C), which does not include offices, radio studios, telecommunication towers, or antennas as permitted structures or uses. OFFICE COPY Raymond J. Belair Administrative Officer March 26, Page 2 FILE CODE nn 2W7� CLIENT FILE The question then is, do the Regulations allow for the expansion of non -conforming structures and uses in the IHO District? Section 3.11(D) (Alterations to Non -Complying Structures) provides that "my non- complying building or structure may be altered, including additions to the building or structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential property and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. In the event an addition or an expansion to a building or structure is proposed, the addition or expansion itself must comply of the provisions of these regulations (e.g., setback requirements)." (Emphasis added.) Requiring compliance with Section 3.11(B) in order to expand a non -conforming structure creates a serious conflict. Section 3.11(D) allows an expansion of any non -complying structure (and presumably use) up to 25% of the current assessed value of the affected commercial property. Section 3.11(b)(5)' and (6)2 specifically prohibit enlargement or increase of degree of non-compliance of both "structures" and "uses". With one hand the Regulations grant a limited exception that allows an expansion of a non -conforming structure or use, but with the other hand takes it away. The logical reading of Sections 3.11(D) and 3.11(B) is that the South Burlington planners could not have intended that their carefully crafted exception to the general rule that non -conforming structures may not be expanded by reference to another section of the Regulations that effectively repeals that exemption. This conflict is resolved by the rule that because land use regulations (zoning) are in derogation of the common law, any ambiguity or uncertainty must be resolved in favor of the land owner. In re Miserocchi, 170 Vt. 320 (2000) and Murphy v. First National Bank, 122 Vt. 121 (1960). As for the applicable "provisions of these regulations," such as setbacks, the Regulations do not, unlike that with another overlay district (Flood Plain at Section 10.1(E)), establish setback requirements in the IHO District for uses and structures that are allowed within that District. That being the case, it is reasonable to apply the setback regulations applicable to the underlying C1 District. (See Table C-2, which establishes 30', 10' and 30' setbacks for front, side and rear yard, respectively, in the underlying C 1 District.) ' "a non -complying structure shall not have its degree of non-compliance increased" 2 "a non -conforming use shall not be extended or enlarged ..." OFFICE COPY Raymond J. Belair Administrative Officer March 26, Page 3 FILE CODE OP7Z CLIENT FILE By allowing Hall to consolidate operations into one building on Joy Drive in South Burlington, it would enable Hall to better serve the community. The combining of resources currently operating in two different buildings would be brought together to improve news coverage, promotion of community events, and better transmission of emergency and alert information. One location would also enable the public better access to public service programming, and recording public information programs. All of this means that Hall may expand its existing facilities and its activities and buildings in which they occur, up to 25% of the current assessed value of its Joy Drive 3-acre property, subject to complying with the underlying District setback requirements. Please advise. JRP:slm bee: Mr. Edd Monskie Mr. Lance Llewellyn Mr. Dan Dubonnet Very truly yours, GRAVEL AND SHEA John R. Ponsetto OFFICE COPY DEVELOPMENT REVIEW BOARD 21 AUGUST 2001 PAGE 6 Mr. Dinklage stressed that the lights must have downcasting fixtures. Mr. Belair said the specs for the lights look OK. Mr Dinklage asked what can be done to improve the coverage on the Laurel Hill side of the property to get more green space. He suggested removing a few parking spaces and making the area green. The applicant said they need the parking but suggested removing some pieces of sidewalk that lead nowhere. Members were OK with that concept. Stipulation #4 of the draft motion was amended to require reduction of front yard coverage on Laurel Hill Drive. Mr. Boucher moved that the Board approve Site Plan application #SP-01-40 of New England Federal Credit Union subject to the stipulations in the draft motion of 21 August 2001 as amended to require reduction of front yard coverage on Laurel dill Drive. Mr. Farley seconded. Motion passed unanimously. Mr. Belair advised that items #7 and 8 had been withdrawn 9. Sketch plan application #SD-01-43 of Carol J. Douglas to subdivide a .56 acre lot into tow lots: 1) lot one a .32 acre lot, and 2) lot two a .34 acre lot, 40 Birch Street: Mr. McClellan said the property is next to Cedar Commons and was once three lots that were combined when Ms. Douglas bought the property. They now want to subdivide it into 2 lots. Mr. McClellan showed the location of an easement from Hinesburg Rd into East Birch. Lot #2 will stay the same as it is today. The two street trees will be provided. No issues were raised. 10. Public Hearing: Application #CU-01-32 of Independent Wireless One Leased Realty Corporation seeking conditional use approval from Section 26.05, Conditional Uses, of the South Burlington Zoning Regulations. Request is for permission to install three 64" x 10.6" x 2.7" antennas on the existing WJOY tower, 70 Joy Drive, and 11. Site plan application #SP-01-46 of Independent Tireless One Leased Realty Corporation to amend a site plan for a tower 300 feet in 'height. The amendment consists of installing three 64"° x 10.6" x 2.7" antennas on the existing WJOY tower, 70 Joy Drive: Mr. Ponsetto said the antennas will be for Sprint PCS. They expect to be operational by the end of the year. Mr. Dinklage asked how many more antennas could fit on the tower. Mr. Poncetto said he didn't know. DEVELOPMENT REVIEW BOARD 21 AUGUST 2001 PAGE 7 Mr. Boucher moved to approve application #CU-01-32 and Site plan application #SP-01-46 of Independent Wireless One Realty Corporation subject to the stipulations in the draft motion of 31 August 2001. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 11:50 p.m. CITY OF SOUTH � BURLINGTON DEPARTMENT OF PLANNE"4G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September i9, zooi Mr. John Ponsetto Gravel & Shea P.O. Box 369 Burlington, Vermont 05401 Re: Site Plan and Conditional. Use Application - 70 Joy Drive Dear Mr. Ponsetto: Enclosed please find a copy of the minutes of the Development Review Board meeting of August 21, zoot. If you have any further questions, please feel free to give me a call. Sincerely, Raymond J. Belair Administrative Officer Encl./td CITY OF SOUTH BUR LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 31, 2001 Mr. John Ponsetto Gravel and Shea P.O. Box 369 Burlington, Vermont 05401 Re: Site Plan and Conditional Use Application - 70 Joy Drive Dear Mr. Ponsetto: Enclosed please find a copy of the Finding of Facts of the Development Review Board meeting on August 71, zool (effective date September 25, 7001). Please note the conditions of approval, including that a Zoning Permit be obtained within six (6) months or this approval will be null and void. If you have any further questions, please feel free to contact me. Sincerely, Sarah MacCallum Associate Planner Enclosure Td 8/21/01 MOTION OF APPROVAL INDEPENDENT WIRELESS ONE LEASED REALTY CORP. - SITE PLAN & CONDITIONAL USE, 70 JOY DRIVE I move the South Burlington Development Review Board approve conditional use application #CU-01-32 and site plan application #SP-01-46 to amend a site plan for a tower 368 feet in height. The amendment consists of installing three (3) 64"x 10.6"x 2.7" antennas on the existing WJOY tower at an elevation of 140 feet, 70 Joy Drive, as depicted on a one (1) page set of plans, page one entitled, "Site Plan for Proposed Telecommunication Lease 70 Joy Drive," dated 7/2/01, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 3. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to the use of the antennas. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.658.0220 Facsimile 802.658.1456 www. gravel shea.com Writer's E-Mail: jponsetto@gravelshea.com Mr. Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 September 5, 2001 Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly James E. Knapp John R. Ponsetto Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Clarke A. Gravel Charles T. Shea Stephen R. Crampton Of Coaasel Norman Williams Christina Reiss Special Counsel Johan WE. Maitland Michelle N. Farkas Rebecca C. Raskin Andrew D. Manitsky Cornelius C. Cowles Re: Application of Independent Wireless One Leased Realty Corporation "IWO") Dear Ray: Enclosed is IWO's zoning permit application for permission to install 3 antennas on the WJOY (AM FM) tower on Joy Drive and fees in the amount of $200.00. Very truly yours, AVEL AND SHEA ohn R. Ponsetto JRP:smh Enclosures cc: Ms. Kelly Springer (w/enclosure) AGENDA South Burlington Development Review Board City Hall Conference Room 575 Dorset Street South Burlington, Vermont 05403 Meeting_2 7:30 P.M. Tuesday, August 21, 2001 1) Other Business 2) Report on recent site plan decisions issued by the Director of Planning and Zoning: A) Site plan application #SP-01-56 of the South Burlington School District to amend a previously approved site plan for two schools totaling 167,000 square feet. The amendment consists of. 1) adding eleven parking spaces, and 2) minor circulation alterations, 550 Dorset Street. Approved B) Site Plan application #SP-01-51 of the Humane Society of Chittenden County to amend a previously approved site plan for a 10,704 square foot building for kennel use. The amendment consists of: 1) reducing the size of the structure from 10,740 square feet to 10,240 square feet, 2) adding a cement walk, and 3) adding a gravel exercise area, 633 Queen City Park Road. Approved C) Site plan application #SP-01-48 of the City of Burlington to amend a previously approved site plan for an 110,565 square foot airport terminal. The amendment consists of. 1) adding a 347 square foot elevator tower to the terminal structure, 2) adding a 918.5 square foot covered walkway to the terminal structure, and 3) expanding the north end aircraft ramp, 1200 Airport Drive. Approved 3) Continued Public Hearing: Preliminary plat application #SD-01-34 of Daniel & Leo O'Brien, DBA Forest Park Reality Corp. and The O'Brien Family Limited Partnership for a 101 unit planned residential development and a six (6) lot subdivision, Hinesburg Road and Kennedy Drive. 4) Sketch plan application #SD-01-44 of John Larkin for a planned residential development consisting of: 1) the transfer of density from 44.82 acres of adjoining land to a 59.95 acre parcel, and 2) subdividing a 59.95 acre parcel into 52 single family lots and 72 multi -family units in 25 buildings, 1539 & 1545 Hinesburg Road. 5) Public Hearing: Final plat application #SD-01-45 of Acadia Realty Trust to amend a previously approved planned unit development consisting of a 130,441 square foot shopping center. The amendment consists of 1) razing a 114,771 square foot portion of the building, 2) constructing an 81,800 square foot building, and 3) constructing a 3,000 square foot addition to the remaining portion of the building resulting in two (2) buildings with a total square footage of 100,470, 516 Shelburne Road. 6) Site plan application #SP-01-40 of the New England Federal Credit Union to: 1) construct an awning on the west fagade, 2) eliminate one parking space, and 3) construct a second curb cut on Laurel Hill Drive, 1000 Shelburne Road. 7) Public Hearing: Application #CU-01-31 of South Burlington Realty Company seeking conditional use approval from Section 26.05, Conditional Uses, and Section 26.65, multiple structures and uses on lots, of the South Burlington Zoning Regulations. Request is for permission to add standard restaurants, not including fast food and taverns, night clubs and private clubs, to the uses allowed at 2069 Williston Road. 8) Site plan application #SP-01-45 of South Burlington Realty Company to amend a previously approved site plan for a 19,378 mixed commercial building. The amendment consists of adding standard restaurants, not including fast food and taverns, night clubs and private clubs, to the uses allowed at 2069 Williston Road. 9) Sketch plan application #SD-01-43 of Carol J. Douglas to subdivide a .66 acre lot into two (2) lots: 1) lot one a .32 acre lot, and 2) lot two a .34 acre lot, 40 Birch Street. 10) Public Hearin: Application #CU-01-32 of Independent Wireless One Leased Realty Corporation seeking conditional use approval from Section 26.05, Conditional Uses, of the South Burlington Zoning Regulations. Request is for permission to install three (3) 64"x 10.6"x 2.7" antennas on the existing WJOY tower, 70 Joy Drive. 11) Site plan application #SP-01-46 of Independent Wireless One Leased Realty Corporation to amend a site plan for a tower 300 feet in height. The amendment consists of installing three (3) 64"x 10.6"x 2.7" antennas on the existing WJOY tower, 70 Joy Drive. Respectfully submitted, Raymond J. Belair Administrative Officer MEMORANDUM To: South Burlington Development Review Board From: Raymond J. Belair, Administrative Officer Re: August 21, 2001 agenda items Date: August 17, 2001 3) DIRECTOR OF PLANNING & ZONING'S REPORT Enclosed are the Findings of Fact and Decision for the following site plan applications: A) Site plan application #SP-01-56 of the South Burlington School District to amend a previously approved site plan for two schools totaling 167,000 square feet. The amendment consists of: 1) adding eleven parking spaces, and 2) minor circulation alterations, 550 Dorset Street. Approved B) Site Plan application #SP-01-51 of the Humane Society of Chittenden County to amend a previously approved site plan for a 10,704 square foot building for kennel use. The amendment consists of: 1) reducing the size of the structure from 10,740 square feet to 10,240 square feet, 2) adding a cement walk, and 3) adding a gravel exercise area, 633 Queen City Park Road. Approved C) Site plan application #SP-01-48 of the City of Burlington to amend a previously approved site plan for an 110,565 square foot airport terminal. The amendment consists of. 1) adding a 347 square foot elevator tower to the terminal structure, 2) adding a 918.5 square foot covered walkway to the terminal structure, and 3) expanding the north end aircraft ramp, 1200 Airport Drive. Approved 4) DAN & LEO O'BRIEN — PRELIMINARY PLAT APPLICATION — 101 UNIT PLANNED UNIT DEVELOPMENT. OLD FARM ROAD & KENNDY DRIVE This project was continued from the July 10, 2001 (memo enclosed) meeting as the application was incomplete. The applicant has submitted a traffic report since the July 10'' meeting (enclosed). The layout for the condominium portion of the project was revised and two (2) units were added. The project consists of a 103 unit planned residential development in 21 buildings and a six (6) lot subdivision, Hinesburg Road and Kennedy Drive. Densit E. The base maximum density for this development is 106 units (15.24 acres x 7 units/acre = 106.68). The normal maximum is 130 units (18.66 acres x 7 unite/acre). The applicant is proposing 103 units. DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING Sewer: The sewer allocation requested will be provided at the meeting. It has been the Board's policy to approve sewer allocation for ten (10) years from the date of final plat approval. Any buildings for which a zoning permit has not been issued shall lose their allocation unless reapproved by the Board. The applicant will be required to pay the per gallon for prior to permit issuance. Traffic: The traffic study submitted (copy enclosed) by the applicant has been forwarded to the Metropolitan Planning Organization for comment. Staff recommends that the applicant comply with the recommendations of the report : 1) construct left -turn lanes on Hinesburg Road at Hayes Avenue to serve the project, 2) the Kennedy Drive access be configured for right -turn movements only, and 3) a median be provided on Kennedy Drive to prevent unauthorized left -turn movements. Parking: Parking requirements for lot # 1 are 106 spaces and 126 spaces are provided. Proposed Park: The Planning Commission conducted a site visit on the property and will prepare their recommendations for the final plat application. Other: The final plat submittal should indicate the E911 street addresses. 5) JOHN LARKIN — SKETCH PLAN —119 UNIT PLANNED RESIDENTIAL DEVELOPMENT,1545 HINESBURG ROAD This project consists of a sketch plan application #SD-01-44 of John Larkin for a planned residential development consisting of: 1) the transfer of density from 44.82 acres of adjoining land to a 59.95 acre parcel, and 2) subdividing a 59.95 acre parcel into 52 single family lots and 72 multi -family units in 25 buildings, 1539 & 1545 Hinesburg Road. The Development Review Board last considered a sketch plan for this property at their February 20, 2001 meeting (minutes enclosed). This property lies within the SEQ District, the Dorset Park Scenic View Protection Overlay Zone, and the Conservation and Open Space District. It is bounded on the north, west, and south by residences and on the east by Hinesburg Road and residences. Access: The applicant has revised his previous plans to utilize the r.o.w. over the McIlvane property to connect this development with Hinesburg Road. Access is proposed to be provided to phase one via a city street from Hinesburg Road, intersecting opposite Van Sicklen Road. Phase two of the development will connect the city street to Old Cross Road. Staff recommends that the access to Old Cross Road be given in dedication. The Official Map and the SEQ Map show a proposed city street which would be an extension of Old Cross Road. This proposed city street would cross through this property and intersect with Hinesburg Road opposite Van Sicklen Road. A link street would connect the Old Cross extension road to Butler Farms. The largest cluster of the multi -family buildings would have two (2) curb cuts on the Old Cross Road extension. The multi -family buildings #l, #2, and #3 are proposed to have six individual driveways onto Old Cross Road extension. Staff recommends the access for buildings #143 should be combined into one curb cut. A curb cut to three multi- ►) DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING family buildings (U,V, and T) is proposed to be constructed at the time the Old Cross Road extension is complete. No single family lot would have access onto the Old Cross Road extension. A 30 foot r.o.w. is being reserved to provide access to an existing two (2) acre lot owned by Michael Marceau between lots #7 and #8. This access is noted on the plan. Lot size/Frontage: The preliminary plat application should include information on all lot sizes to ensure that all lots meet the minimum lot size and frontage requirements as well as any requested waivers. The preliminary plat submittal should include the approximate acreage of each proposed lot and a perimeter survey of the entire property. Density: The applicant is proposing to transfer density from the 44.82 acres of adjoining land to a 54.95 acre parcel and five (5) acre parcel resulting in a total acreage density of 104.77 acres. This results in a maximum density of 125 units (104.77 x 1.2 = 125.724). A total of 124 units are proposed. The acreage of "development areas" as shown on the SEQ Zoning Map is unknown. The applicant should provide this information at preliminary plat in order to determine the maximum density allowable ( number of acres x 4units/acre = number of units). View Protection Zone: A major portion of this development lies within the Dorset Park View Protection Zone C. The preliminary plat submittal should include information on the maximum height of each of the lots and multi -family buildings. C.O. District/wetland buffer: A portion of this property lies within the C.O. District along drainage ways and around wetlands. This C.O. District/wetland buffer should be labeled. The lot lines for lots #17, 18, 19, 22, 23, and 24 should be adjusted so no portion of the lots project into the C.O. District. Restricted Area: Residential development is proposed in a SEQ restricted area. The Board may approve this proposal if the criteria of Section 6.606 of the Zoning Regulations are met. The applicant should be prepared to address these criteria. Staff recommends that the open space lot boundary along lots #3 - #7 be moved westerly to meet the zoning boundary line between the development area and the residential area so these lots will comply with the Zoning Regulations. Proposed City Street: The preliminary plat application should address the City's standards for streets and which streets are to be made public. The applicant should also address Sections 401.10)(2) and 401.1(k)(2) of the Subdivision Regulations with regards to the proposed public streets. School Impact: The applicant should submit correspondence from the South Burlington School District at preliminary plat evaluating the potential impact this project will have on the school system. Street Lights: The applicant should provide street lights along all public streets. DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING Utilities: The preliminary plat application should include sewer & water main details as well as details of all proposed storm water facilities and sediment control. Landscaping: The preliminary plat submittal should include a detailed landscape plan for the multi -family units and street trees along all the proposed city streets. Impact Fees: The applicant should be aware that all impact fees will be applicable to the proposed new residences. Traffic: The preliminary plat submittal should include a traffic impact study. Sewer: The preliminary plat submittal should include a sewer allocation request. Coverage/setbacks: The preliminary plat submittal should include building and overall coverage information for the multi -family lot. Setback requirements are met. Dumpsters: The applicant should note the type of screening for the dumpsters on the preliminary plat plan. Any dumpsters proposed for the multi -family units should be shown. Recreation path: The Recreation Path Committee reviewed these plans and submitted comments (see enclosed). Staff recommends that the applicant be responsible for construction of the bike path. The applicant is no longer proposing to construct a city street to connect to Old Cross Road. Staff recommends that in place of constructing this street, that the applicant construct a recreation path to Old Cross Road. Wetlands: The preliminary plat application should include wetland boundaries delineated by a wetland expert. Other: The open space and multi -family lots should be numbered. The plan should make provisions for mailbox clusters. The applicant should also clarify what is proposed for the existing two (2) acre parcel. If it is to be developed, the development must take place in the developable area. The minimum size of the proposed multi -family units should be noted on the preliminary plat application. Staff requests typical elevations of the proposed multi -family units at preliminary plat. The preliminary plat application should include street numbers. The preliminary plat survey should be stamped by a licensed surveyor and note base flood elevations. Section 412 of the Subdivision Regulations should also be addressed concerning preservation of site amenities such as trees, drainage ways, historic sites, and other features. Section 417(g) of the Subdivision Regulations should also be addressed concerning potential views and wildlife habitat. A report should be submitted addressing the PUD criteria under Section 26.151 of the Zoning Regulations. The preliminary plat plan should show the entire 99.77 acres involved in this P.R.D. 2 DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING 6) ACADIA REALTY TRUST — FINAL PLAT, 516 SHELBURNE ROAD This project consists of amending a previously approved planned unit development consisting of a 130,441 square foot shopping center. The amendment consists of. 1) razing a 114,771 square foot portion of the building, 2) constructing an 83,328 square foot building, and 3) constructing a 3,000 square foot addition to the remaining portion of the building resulting in two (2) buildings with a total square footage of 98,970, 516 Shelburne Road. The Development Review Board reviewed the sketch plan for this property on July 24, 2001 (minutes enclosed). This property located at 516 Shelburne Road lies within the C1 and C.O. Districts. It is bounded on the north by a retail building and restaurant, on the east by undeveloped land (currently proposed for development), on the south by the I-189 off -ramp, and on the west by Shelburne Road. Access/circulation: Access is provided by one (1) 40 foot curb cut on Shelburne Road and a shared r.o.w. (Farrell Street) which runs along the north side of the property. Three (3) curb cuts are proposed on Farrell Street (formerly O'Dell Parkway). The applicant will be required to upgrade Farrell Street from Shelburne Road to the northeast corner of the property to City standards (including street lights). The design details for the upgrading should be the same as was approved for the O-Dell Parkway P.U.D. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 23.3% (maximum allowed is 30%). Overall coverage is being reduced from 92.8% to 86.5% (maximum allowed is 70%). Front yard coverage along Shelburne Road is being reduced from 75% to 36% (maximum allowed is 30%). The front yard coverage along Farrell Street will increase from 67.5% to 75% (maximum allowed is 30%). The Board may modify the front yard coverage along Farrell Street under Section 12.406(b) of the zoning regulations. Setback requirements are not being met for the addition. It is proposed to be 15 feet from the Farrell Street r.o.w. Farrell Street is designated as a future street which has a 40 foot setback requirement. The Board previously modified this setback requirement to 15 feet in their February 2000 approval (minutes enclosed). The modification of the standards was based on the elevations of the proposed addition which were deemed to provide strong pedestrian and human scale connection to the public street as recommended by the Design Review Committee. The applicant submitted elevations of the proposed addition. Material changes have been made and a height waiver is no longer requested. The proposed materials will be a rusticated block on the bottom level and clapboards on the upper level of the north fagade. The diversification of materials will help to break up this northern wall in much the same manner that the faux windows previously approved were intended to. Staff has no problem substituting the proposed elevations for the approved elevations on this fagade. Building Height: The proposed addition will not require a height waiver. R DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING Parking: A total of 495 spaces are required and 486 spaces are provided including 19 handicapped spaces. This represents a 9 space or 1.8% shortfall. Staff does not have a problem with granting a waver for this parking shortfall. A bike rack is being provided as required. Landscaping_ The minimum landscaping requirement, based on building costs is $77,500 which is being met. Proposed plantings include: Maple, Ash, Pear, Birch, Spruce, Pine, Burning Bush, Spirea, and Yew Traffic: The applicant submitted a traffic impact analysis with the preliminary plat application. This study concluded that the reduction in overall size of the shopping center will result in zero (0) additional P.M. peak vtes. Sewer: This property is connected to the City of Burlington sewer system. Lighting: Exterior lighting consists of the following: - 10 250 watt metal halide lamps mounted on 23 foot poles - 16 250 watt metal halide lamps mounted on 23 foot poles - 13 100 watt building mounted metal halide The Director of Planning and Zoning has reviewed these lights and found them to be acceptable with the pole mounted lights. The Director recommends that the pole mounted lights be reduced to 20 feet in height. All lights must be downcasting and shielded. Any changes to the lights shall require approval of the Director prior to installation. Dumpster: All dumpster/compactor storage areas are labeled and screened. Other: Sound barrier fences are proposed between the loading areas of the shopping center and the adjacent residential area. 71NEW ENGLAND FEDERAL CREDIT UNION— SITE PLAN APPLICATION. 1000 SHELBURNE ROAD Site plan application #SP-01-40 of the New England Federal Credit Union to: 1) construct an awning on the west fagade, 2) eliminate one parking space, and 3) construct a second curb cut on Laurel Hill Drive, 1000 Shelburne Road. Access/Circulation: Access is currently provided via two (2) curb cuts on Laurel Hill Drive. The eastern most curb cut is 27 feet in width while the western most curb cut is 10 feet in width. Under Section 26.103 of the Zoning Regulations only one curb cut is allowed per lot. The ten (10) foot wide curb cut was never approved. Front yard coverage is already being exceeded along Laurel Hill Drive. If the second curb cut is to be retained, improvements need to be made so that the degree of non -conformity is not increased. If this can be done staff recommends that the western most curb cut be tapered down to 20 feet in width by restoring the green area to the western most lip of the curb cut. The western most curb cut should then be labeled ingress only and the eastern most (the 10 foot) curb cut be labeled for egress only and appropriate signage erected and arrows painted in the parking lot. n DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING Coverage/Setbacks: Building coverage will remain 17.49% (30% max). Total lot coverage will increase slightly to 61.91 % (70% max). Front yard coverage on Shelburne Road will remain 26.7% (30% max). Front yard coverage on Laurel Hill Drive is proposed to be 54% (30% max). All setback requirements are not being met. The proposed canopy will met setback requirements. Parking: A total of 21 parking spaces are required and 35 are being provided including two (2) handicapped spaces as required. Other: The plans should be revised to note the location of the proposed canopy. The note on the plans "maximum allowable setback" should be changed to "minimum setback allowable". 8) & 9) SOUTH BURLINGTON REALTY CO. — SITE PLAN & CONDITIONAL USE, 2069 WILLISTON ROAD This project consists of amending a previously approved site plan for a 19,378 mixed commercial building. The amendment consists of adding standard restaurants, not including fast food and taverns, night clubs and private clubs, to the uses allowed at 2069 Williston Road. This property located at 2069 Williston Road lies within the IC District. It is bounded on the north by Williston Road, on the west by a mixed used commercial building and medical office, on the east by two (2) commercial buildings and on the south by undeveloped land. The applicant is requesting to add the following two (2) uses to the previously approved list of approved uses for the multi -tenant building. The proposed uses are: 1) standard restaurants, not including fast food, and 2) taverns, night clubs and private clubs. This request is being made with the provision that all the uses in the building would not require more than 81 parking spaces, would not generate more than 3500 gpd in sewer demand and would not generate more than 96.6 P.M. peak hour trip ends. The reason for this type of request is so that the applicant can have the flexibility of changing tenants whose uses fall within the approved sewer, traffic and parking limits without having to return to the Development Review Board each time. When a use is to be changed, the applicant would contact the Director of Planning & Zoning and he/she would review the existing and proposed uses to make certain that it does not exceed the upper limits approved by the Development Review Board. The permitted and conditional uses in the IC District approved and proposed are as follows: 7 DEVELOPMENT REVIEW BOAR MEMO AUGUST 21, 2001 MEETING Permitted Uses 15.101 General Office 15.102 Medical Office 15.112 Catering and food delivery use Conditional Uses 15.208 Indoor recreational facilities 15.210 Retail business (excluding shopping centers, supermarkets, department Stores and discount stores) 15.212 Standard restaurants, not including fast food 15.213 Bakery and delicatessen restaurants 15.214 Taverns, night clubs and private clubs 15.224 Personal service Access/circulation: Access is via a 30 foot wide shared curb cut with the property to the east. The legal agreement for this shared driveway has been in effect since 1982. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 22.6% (maximum allowed is 30%). Overall coverage is 66.9% (maximum allowed is 70%). Front yard coverage is 26.6% (maximum allowed is 30%). The front yard coverage calculation takes into account the proposed widening of Williston Road. Setback requirements are met. Parking_ A total of 81 parking spaces including four (4) handicapped spaces and a bike rack are being provided. No combination of uses would be allowed which exceeds this limit without approval from the Development Review Board. Landscaping: No additional landscaping required or recommended. Traffic: This property is located in Traffic Overlay Zone 5 which would allow this property to generate 96.6 vehicle trip ends (vte's) during the P.M. peak hour. No combination of uses would be allowed which exceeds this limit. Sewer: The property is approved for 3500 gpd of sewer allocation. Any increase in sewer allocation would have to be approved by the Board. DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING 10) DOUGLAS — 2 LOT SUBDIVISION - SKETCH PLAN, 40 BIRCH STREET Sketch plan application #SD-01-43 of Carol J. Douglas to subdivide a .66 acre lot into two (2) lots: 1) lot one a .32 acre lot, and 2) lot two a .34 acre lot, 40 Birch Street. Access/Circulation: The applicant should revise the plans to note how access will be provide to lot #2. The requirements of Section 26.20 of the Zoning Regulations will need to be met. A 20 foot right-of-way will be required to serve lot#2. The r.o.w. should remain private and be privately maintained. Lot Size/Frontage: The minimum lot size requirements are being met for single-family dwelling units. Minimum frontage requirements are not being met because one lot has no frontage. Coverage/Setbacks: The applicant should illustrate the existing and proposed building footprints on the final plat application. Sewer: A sewer allocation request should be submitted at final plat. Landscaping: The applicant should be aware that two (2) street trees will be required for each new lot created. 11) & 12) INDEPENDENT WIRELESS ONE LEASED REALTY CORP. — TOWER ALTERATIONS - SITE PLAN & CONDITIONAL USE, 70 JOY DRIVE This project consists of a site plan and a conditional use application to amend a site plan for a tower 368 feet in height. The amendment consists of installing three (3) 64"x 10.6"x 2.7" antennas on the existing WJOY tower at an elevation of 140 feet, 70 Joy Drive. This property is located within the Commercial Two and Conservation/Open Space Districts. It is bounded on the north by a right-of-way, on the west by Joy Drive and a commercial lot, on the east by vacant land, and on the south by Interstate I89. Site Plan Criteria: Coverage/Setbacks: No effect expected. Conditional Use Criteria: The proposed project complies with the stated purpose of the Commercial Two District to "encourage general commercial activity." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No effect expected. b) the character of the area affected. No adverse effect is expected. 9 DEVELOPMENT REVIEW BOARD MEMO AUGUST 21, 2001 MEETING c) traffic on roads or highways in the vicinity. The proposed use is not expected to affect traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable energy resources. There is no utilization of renewable energy resources to be affected. 0 general public health and welfare. No adverse effect expected. 10 EMO South 3urlington Flanning & Zoning To: South Burlington Development Review Board From: Juli Beth Hoover, AICP ;'11 Director of Planning & Zoning RE: Planning Commission Meeting on SEQ Loads Date: Friday, August 17, 2001 I would like to give you all a summary of this past Tuesday's Planning Commission meeting on SEQ roads, paths, and open space connections. The meeting was very well attended and very productive. We were all pleased that Mike Munson, Williston's town planner, attended and participated in the meeting. I would summarize the major "consensus items" as follows: 1. NO road connection of Van Siclden Road to old Cross Road at this time. The group's consensus was that while it is prudent for the City to reserve such rights - of -way as would be needed to connect old Cross Road to Hinesburg Road through the Marceau Meadows subdivision, it was NOT desirable to connect these roads at this time. There is serious objection to creating such a direct connection across the SEQ, past plans and the official neap notwithstanding. There is more support for connecting the north -south roads with circuitous routes through neighborhoods, as discussed below. Incidentally Mike Munson said that Williston would "object less strenuously." to development near "Ian Sicklen Road if this connection is not made. 2. Four-way intersection for Marceau Meadows Road at Van Siclden"nesbu . It was the consensus of the group that for the Marceau Meadows project, creating a four-way (90 degree) intersection for the Marceau Meadows road with Van Sicklen Road and Hinesburg road is vastly preferable from a safety and traffic control standpoint. 3. interconnect neighborhoods with neighborhood -scaled roads. There was strong consensus that it is appropriate to connect new and existing neighborhoods with what one might describe as "neighborhood scaled" roads. The feeling might be summed up as "Mahe it possible for traffic to get from Butler Farms to the Cider Mill, but don't make it probable that traffic will drive that way." One angle the KRIS might consider is using the City's street standards to "right - scale" the roads in the subdivisions. The City's street standards provide for standard residential/commercial/indaistrial streets with curbing and 15 foot paved travel lanes. They also provide for "low density residential" streets with 12 foot paved travel lanes and no curbing. For connector locations where sewer lines do not need to be run, and the purpose is simply to provide local roadway ;WE I Vol connections, roads built to tine low density residential standards might be an appropriate way to make connections without encouraging high -volume, high- speed through traffic. 4. Work to create lamer o2en space blocks without a bisecling road. There was less consensus on the best course of action for the proposed open space areas for the Marceau Meadows and Chittenden proposals. There is a right of way that could be used to create a road between Dorset Street and Hinesburg Road through the Chittenden property. Some believe this would be beneficial as it would create a Dorset -Hinesburg connection without funneling traffic onto Van Sicklen Road. The downsides to this proposal are that the intersection with that right -of way and Van Sicklen is extremely poor for traffic safety, and that this road would bisect a large area of usable agricultural land. The Planning Commission's general feeling is that creating a large, contiguous block of conserved open space is preferable to having a connector road go through. There is more support for finding a way to connect the Chittenden project to the Marceau Meadows roadway network --or at least reserving the potential to do so in the future --rather than splitting the open space area. 5. SuRRort completion of Swift Street Extension as the major east -west road Frith 2nLy local connector roads south of it. There was substantial agreement among the Planning Commission and the group attending that the Swift Street Extension is far and away the most appropriate and effective cross-town connector that could be made. The feeling is that the City should focus on making roads "neighborhood -scaled" south of Swift Street, and keep the higher volume traffic to Swift Street and points north. This is very consistent with the Comprehensive Plan. 6. Support a new interstate interchange at Hinesb Road. The Commission and public both strongly favored creating a new "Exit 12.5" as a good way to relieve pressure on Van Siciden and other SEQ roads. The current administration in Montpelier has put a hold on any new interstate interchanges with the stated intent of preventing sprawl. A counter -argument, which the Planning Commission and the public supported, is that improving interstate access would relieve pressure on Van Sicklen Road that detracts from the open space character of the SEQ. It is clear that having an interchange would allow much easier use of the interstate to get to Williston, where currently Van Sicklen is the only alternative to the Dorset/]Fhnesburg to Kennedy to Exit 14 route. Both Williston and South Burlington support creation of this exit and are pressing Vtrans to begin scoping. GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telepbone 802.658.0220 Facsimile 802.658.1456 www. gravelshea.com Writer's E-Mail: jponsetto@gravelshea.com Ms. Sarah MacCallum Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05408 August 10, 2001 Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly James E. Knapp John R. Ponsetto Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Clarke A. Gravel Charles T Shea Stephen R. Crampton Of Caused Norman Williams Christina Reiss Special Couaeel Johan W E. Maitland Michelle N. Farkas Rebecca C. Raskin Andrew D. Manitsky Cornelius C. Cowles Re: Application of Independent Wireless One Leased Realty Corporation (IWO): WJOY Tower (NE43XC444-E) Dear Sarah: You asked that I submit information on the height of the panel antennas in relation to the tower. The tower is 368' high. The antennas will be installed at elevation 140'. Please call if you have any further questions or comments. Very truly yours, VEL AND SHEA John R. Ponsetto JRP:smh cc: Ms. Kelly Springer Model 49000X/49010X 62°, 18.1 dBd Panel Page 1 of 2 http://www.dapacotti.corn Model 49000X/49010X 62°, 18.1 dBd Panel Dual (Slant 45)Polarization Polar +45° Polar -45° HORIZONTAL - PLANE GENERAL CHARACTERISTICS FrequencyRange 1710-1990 MHz Impedance 50 Ohms VSWR <1.4:1 Polarization =45° Rated Power 300 W ELECTRICAL CHARACTERISTICS Beamwidth: H-plane 62° =4°(at -3dB) E-plant 5.5' =1'(at -3dB) Maximum/MinimumGain 18.1 dBd/16.6 dBd ElectricalDowntilt 0" Side Lobes <-12 dB Front-to-BackRatio <-27 dB Port-toPortlsolation >30 dB MECHANICAL CHARACTERISTICS Height xWidth x Depth 64'x10.6-x2.7' (1625x270x68mm) Weight 21.9 Ibs (9.9kg) WindSurvival Rating 125 mph (200km/h) Wind Load(at 100 mph) 567 N (frontal F1) 193 N (lateral 172) Flat PlatclIquivalent Area 4.72 fN (0.44 ml) C-4 01 �yd UQ O O file://C:\V IILNNT\Profiles\ksprin\Temporary ...\,Model 49000X-49010X 62 18.1 dBd Pancl.htm 10/18/00 PUBLIC HE4RING SOUTH BURLINGTON DEVELOPMENT REVIa N BOARD y The South Burlington Development Review j Boardwill hold a public hearing at the South Bur- iingtcn City Had. ";,rater- ance Room; 575 Dorset Street,. South Burlington, Vermont on Tuesday Au- gust 21, 2001. at 7:30 p.m. to consider the fol- lowing 1. Application #CU-01- 31 of South Burlington Realty Company seeking conaitional use approval from Section 26.05, Con- ditional Uses, and Sec- tion 26.65, multiple struc- tures and uses on lots, of the South Burlington Zoning Regulations. Re- quest is for permission to add standard restau- rants, not including fast food and taverns, night clubs and private clubs. to the uses allowed at 2069 Williston Road. 2 Application .#CU-01- 32 of Independent Wire- less One Leased Realty orporatian seeking conditional use approval from Section 26.05, Con- ditional Uses. of the South Burlington Zoning Regulations. Request is for permission to instal! i three [31 64"xl0.6"x2.7' antennas on the existing WJOY tower, 70 Joy Drive. 3. Final plat application 4SD-01.45 of Acadia Realty Trust to amend a previously approved planned unit develop- ment consisting of a 130,441 square toot shopping center. The amendment consists of: 1] razing a 114.771 square foot portion of the building, 2jconstruc- tion an 81,300 square foot building, and 31 con- structioning of a 3,000 square foot addition to the remaining portion of the building resulting in two (2) buildings with a total square footage of 100,470,516 Shelburne Road. Copies of the appiica- dons are available for public inspection at the South Burlington City Hell. John Dinklage, Chairman South Burlington Development Review Board August4,2001 • 4 INDEPENDENT WIRELESS ONE To: South Burlington,VT FROM: Thomas W. Howey SUBJECT: Power Density Studies for NE43XC444E New England Market RF Engineering DATE: 06-19-01 MEMO NUMBER: 061:19hO1 REFERENCE: IWO antennas at 140' centerline on the WJOY-AM Tower Independent Wireless One (IWO) is proposing to place its antennas on the tower collocating on the WJOY- AM / WOKO-FM tower at the 140 foot level. A power density study has been performed using the maximum possible transmit power of our Radio Transceivers. Typically, this equipment operates at a lower power. However, in order to evaluate the worst possible scenario, the maximum power of 16 watts per sector with all three sectors running concurrently has been used in the calculations. In addition to IWO's proposed PCS (1.9 GHz) panel antennas, there are currently two other major transmitting systems at this location. WJOY-AM runs 1000 watts of power on a frequency of 1.230 MHz. WOKO-FM runs 200,000 watts Effective Radiated Power (ERP which takes into account the gain of the antenna system). Note that WOKO runs 100,000 watts into an antenna system that disperses the radio wave into two planes of 100,000 watts each. FCC 96-326 is the standard FCC guideline for power density. The guidelines are given in terms of mw/cm' and the maximum limits are termed 'Maximum Permissible Exposure' (WE) for both occupational (controlled) and general (uncontrolled) cases. Because these guidelines are based upon the same limits as those in the American National Standards Institute / Institute of Electrical and Electronics Engineering (ANSVIEEE) guidelines, they also include the safety factors of 10 and 50 for occupational and general public scenarios respectively. In studying this site it was determined that the predicted safety range for the general (uncontrolled) case was determined by the WJOY-AM signal. The 100% WE range from the AM tower is less than 2 meters or 6.5 feet from the tower. The maximum impact from WOKO FM's 200 KW station amounts to 45 uW/ c-m7 at 30 to 35 meters from the base of the tower. This represents 22.5% of the WE. At a range of 30M, the WJOY-AM signal would be at less than .5% of the WE. The WE total at 30M would then be 22.5%+ .5% or 231/0. At 16M, the AM signal would be 1.6% plus the FM signal at 13.5% for a total of 15.1% WE. The purpose of these illustrations is to point out that there is no place on the surface of the earth (outside of the fenced off tower area) where the additive predicted effect of WJOY-AM, WOKO-FM and IWO's PCS system, combines to exceed the WE. Please note that the contribution of IWO's signal is less than 0.02% at all distances from the tower and thus does not materially effect the WE computations. In summary, the results of this worst case study show that no areas outside the fenced tower area are predicted to exceed 25% of the applicable WE. a ff,(4� 6 -,7- l - 01 Thomas W. HO%%w Senior RF Engineer Independent Wireless One, Corp. Single Antenna MPE in SSEO 1.003.09.003 pherica EIRP Frequency Antenna Height Vertical Length of Antenna Power Reflection Coefficient Spherical Model Tab Sheet del Site Information 16 walls Cascade # NE43XC444 E 1962.5 MI-Iz Site Address 70 Joy Road, South Burlington, VT 05401 140 feet Site Description WJOY-AM & WOKO-FM Radio Guyed Tower 5.3333 feet 2.56 Antenna Type Dapa 4901 OX Cross poladzed panel antenna General Occupational Antenna Owner Independent Wireless One Exposure Limit Antenna Location 140' CL via isocouplers on series fed AM Tower Percent # Ant. Distance Notes 100.00% 1 NotExceed NotExceed feet 50.00% 2 NotExceed NotExceed feet 33.33% 3 NotExceed NotExceed feet 5.00% 20.0 NotExceed NotExceed feet Plot From 1 1 to 1 20 Ifeet Calculated using sampe.xis version 1.2 Sprint PCs Engineering and Operations I Updated Febuary 18, 2000 100 90 80 70 W 60 m 50 40 30 20 10 0 Percent of MPE vs. Horizontal Distance (1 Antenna) Spherical Model I � , � � " r i r i., I tt.?. 1 rt , .l �!Y •. '{ {S� ��. 1 ,•�' -1 r. { "'T•. I � I, I .t`= �i •{ ' • , I , 1 { r .i..1�> 1 Ar,+y a f i,�r•t•.�:., ` 1!;• tttl,'i, IJ y ' � �'�it0 �i ii�ItS i 1 1 t., . ,S • • r� :'. �, � .. t' 1 r � � ai:r �• j �: � t '� 1• t:• � • ••f � i ,..;,..a.:..a . " I r � v �' p i �. 1 I{`f ' J 1 �C�� t>=q5�1 { � r itr N.:l.t a :�pte {i>!1 ' �r.i2,• f,l ft } 1'J!'�t �.1 t l . 1 , t1 • . 1 1 t5' t i ' J.tJ l • i•• t ! I .0 1111 I }• r 1 , r J 1 4.1•_� �,J,ti��n .` ��•` ��i Y•i 1+t.11 ,J �Y 1r'('ia'! •1�lp� r, -1 {r.t`1 i , 1 `.. ;. I�r ......... t 1 i. t t t t,. t . .... t 1. , t ... t.• ,::.....• u l .. 1. •... n F , �. "� • i l l fir, I •e ' C j y�. �lr lt.t..ii! :y? i � �.. f�•� I .rY r l + , 1 • • .. - .t (I L , i 1 •t I`, t c:i ltl, .r: l t• 1 • t.l . t�. 1 � - . '� 5y -, •�• Il .t .•,.... s ' { r 1 r r `rn i t.:� r l ." i yr { �Y►. 1 i t �, •' i ?r tt � � t� i i`l :'Fi i f' i , j ' .i , l ; :.f, . i, , , ♦a i .. tl 7 J:i1 t„11 1 U•l: 1 t: ♦ . .•s a .t.• t ..•, _ u !.. , j { { sr { t I r t t � 1 � 1 Y {h r i� 1, / I' s1� ! ; t7� i 'jam, it f1 1 L•f�tti ititit.Ct� iY •�,e � .i. 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 Distance (R) —s General —W Occupational Sprint PCS, Proprietary and Confidential Page 1 6/11/97 Single Antenna MPE in SSEO 1.003.09.003 EIRP Frequency Antenna Height Vertical Length of Antenna Power Reflection Coefficient odel 16 walls 1962.5 MI-lz 140 feet 5.3333 feet 2.56 Spherical Model Tab Sheet Site Information Cascade # NE43XC444 E Site Address 70 Joy Road, South Burlington, VT 05401 Site Description WJOY-AM & WOKO-FM Radio Guyed Tower Antenna Type Dapa 4901 OX Cross polarized panel antenna General Occupational Antenna Owner Independent Wireless One Exposure Limit 1 5,07!7T mw/ern Antenna Location 140' CL via isocouplers on series fed AM Tower Percent # Ant. Distance Notes 100.00% 1 NotExceed NotExceed feet 50.00% 2 NotExceed NotExceed feet 33.33% 3 NotExceed NotExceed feel 5.00% 20.0 NotExceed NotExceed feel Plot From 1 1 to 1 20 Ifeet Calculated using sampe.xis version 1.2 Sprint PCS Enqlneerinq and Operations Updated Febuary 18, 2000 100 90 80 70 W 60 50 40 30 20 10 0 Percent of MPE vs. Horizontal Distance (1 Antenna) Spherical Model . l { 1 •ai[... i...4 t .ri . Y t 1 �t } itt. [ { .![ J r \1. 1 lr �./ •t t. 1 V 1 I 1 r i ti n K , I f• 1 ,r4 i CS r' I s ,� �.' rFl .tJ S+t( 1., ;1. 1•! � .[ ; ,r1 '� i d ��i 1 1 r h R{ `,rlip ,L'� �..t(NI .,�•,�• •. I'1 3tti � 'j •i 1 i , . l ,{, i 3, 1 : t f . . t n\ u 1 l u t. , 6 ... l .c. a.. t, i •A ! 1 �; i j \ ' , f s ;{ ". 1 1 Z i f i i i 'r ` �. ��.\ � , �'; J� 1 j t yr ; _ , -' t � �i t [ -{ 'Tu�'1 ri i�.�j`[{,��, ,+,:f 111 cjr•.�.t 'I '{ ti .i ,. {. �!� r:�..J'..f♦ '1 .ny•Iti ..1• L. l •. I l { . -a.• \ 1 .I i ../. 1 . •.. t' I......l...... .. 1 .. ' i . •.. • . 5 { F. i\�t��l .i t i,'i'• i,. �� I y�, j�r ,•1ifN l } 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 Distance (R) + General —m Occupatlonal Sprint PCS, Proprietary and Confidential Page 1 6/11/97 Single Antenna MPE Prepared by Cylindrical Model Form Version 1.2 (02/18/00) Thomas W. Howey 6/20n001 Transmit Power Frequency Antenna Height Vertical Length of Antenna Beam -Width Cylindrical Model 16 watts Cascade # 1962.5 MI Iz Site Address 0 feel Site Description 5.3333 feet 62 degrees ormation NE43XC444 E 70 Joy Road South Burlington, VT 05401 WJOY-AM & WOKO-FM Radio Guyed Tower Exposure Limit Percent # Ant. 100.00% 1 50.00% 2 33.33% 3 5.00% 20.0 f1 f� CC 8t "-,�;Ye:!1'1.00 Fa;: wEt' �;, 5.O0j'°:-� Distance 2.6526-0.5305 " 5.3052 " 1.0610 7.9578 ' 1.5916 " "! ' ' 53.0517. 10.6103 mw/cin` feet feet feet feet Antenna Type Antenna Owner Antenna Location Notes Dapa 49010X Cross polahzed panel antenna Independent Wireless One 140' CL via Isocouplers on series fed AM Tower r Plot From 1 to 20 feet Calculated using sampe.xls version 1.2 1 Sprint PCs Engineering and Operations Updated Febuary 18, 2000 100 90 80 70 W 60 M 50 40 30 20 10 0 Percent of MPE vs. Horizontal Distance (1 Antenna) Cylindrical Model ;� �,• t t,l t !r r1 1 Ta:.i { .a 1 • i t a .. ya` ..5. �. ..y ..�. i' .� { . . t{- :{.• .'.1. t a..... a . 1i.. 1- t: a ... [... ! . . r , ..J ��{ tr.ilt� b'= n� ,�.ttt,� rl � I �•�•'. o-• 1 - : 5 l.! .a 1 :: t 1 . a t t1 u... t .... a{.h.• :c • a. �..t..al.. j. � ...t.. .. t I". t ' I ( I y -G r -{ I at Y{ ( -6 ! •! I { t ,' { t -r n y t, I T f '.j t .. 1 1• t I' ( I- :.• j t 't l ! 1{-.. .:... !- . T t r t o . t i 7�t S''.i ( -� 1 :{•. lt�� t.r I it � h•- fi { 7 :i . r t t T.y r ) � I ,. . .., •i' �. a . { ♦.. . r a .,t 1 t ..1. 1' t... 1 . i...:1..:: J. r 1.0 2.0 3.0 4.0 5.0 8.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 18.0 17.0 18.0 19.0 20.0 Distance (ft) 6-General --E- Occupational Sprint PCS, Proprietary and Confidential Page 1 444E)49010X-Oft-Front-WJOY NEPA_v1.2.xis Single Antenna MPE Prepared by Cylindrical Model Form Version 1.2 (02/18100) Thomas W. Howey 6120rz001 Cylindrical Model Transmit Power 0.51 watts Frequency 1962.5 MI iz Antenna Height 0 feet Vertical Length of Antenna 5.3333 feet Beam -Width 62 degroes f9 a Exposure Limit y%�;1:00``�"' "-'J`+`S.00,a%".��?' Inw/cm' Percent # Ant. Distance 100.00% 1 0.0846 • ' 0.0169 feet 50.00% 2 " 0.1691 " 0.0338 feet 33.33% 3 -.0,2537 0.0507. feet 5.00% 20.0 1.6910 .. • 0.3382 fora Cascade # Site Address Site Descrlptlon Antenna Type Antenna Owner Antenna Location Notes Site Information NE43XC444 E 70 Joy Road South Burlington, VT 05401 WJOY-AM & WOKO-FM Radio Guyed Tower Dapa 4901OX Cross poladzed panel antenna Independent Wireless One 140' CLvia Isocouplers on series fed AM Tower Plot From 1 to 20 Ifeet Calculated using sampe.xls version 1.2 Sprint PCs Engineering and Operations Updated Febuary 18. 2000 100 90 80 70 W 60 M 50 40 30 20 10 0 Percent of MPE vs. Horizontal Distance (1 Antenna) Cylindrical Model � 1 ,L , � c i ' r ,• , I � ,i , i y � _ a ,, t ; + j r I •Y 1 t- t'i { }a- r r y a•.f � • ! ! i � 1 a 1 1. a i { - { . i 1 t I ..a 1 ! t .i..at... •.� a a ...� a a!`.t.;. .. J , 1 (.... .. .a.. .ai. •t. .a. .a1. .J:.•. ... ' u � .i. 5.t..a '. i i . .l aa. 1 I I ' 1 1 4 I {t r I '+ • a tt+ t i I �� +':i t 1+ ,i i e „ "'rl h a�. s. .a.:.. '.. •'. ' I� - rY I�1 '1.,,.1�t 5...r1r? 1 ' `r: (l .'1 i>t.a %.iin. tl.�-tt.; 1-1• r I. y. Y a j .l. f! 1 i 1 r u. :ai } 1 }.......i..::..: r t ar':� i 1 !:{. •1 :�.:J....:. {. ..t.a.j......1. �. •. y ... tl 1 1 ., Y i r ' 1. n .tI�_ 1-ll } t -t• (� .;i� �.��.- I }}rr �. J .,y..��.r� •lI 1:'I .. ....i 1 U.:' ..a I ' ..t L r .alt 1:..� 1 < : ! ...i+11...t•1tI. •.:........::.. if 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 18.0 17.0 18.0 19.0 20.0 Distance (It) --s General --1- Occupational Sprint PCS, Proprietary and Confidential Page 1 444E)49010X-0ft-Back-WJOY_NEPA_v1.2.xis SECTION 2 FM Radio Broadcast Stations Ll Antennas used for FM radio broadcast stations normally consist of an array of elements stacked vertically and typically side -mounted on a tower. The elements are usually spaced about one wavelength apart and are fed in phase with power distributed equally among the elements. FM radio stations transmit in the 88-108 MHz band. Consulting Table 1 in Appendix A of OET Bulletin 65 shows that at these frequencies the MPE limit for general Ropulation/uncontrolled exposure is 0.2 mW/Crn2 (200 4W/cm� and the limit for occupationaUcontrolled exposure is 1 mW/cm2 (1000 µW/cm). Section 2 of Bulletin 65 explains how calculations can be performed to predict RF field -strength or power density near various antennas, including those used for FM radio transmissions. In addition, in 1985, the Environmental Protection Agency (EPA) developed a computer model for estimating ground -level power densities in the vicinity of typical FM broadcast towers. The EPA model estimates power densities in the vicinity of typical FM broadcast antennas for various antenna types and patterns. With some minor modifications, the FCC has successfully used this model over the past several years to predict ground -level power densities near FM towers. The EPA model considers the following variables of an FM antenna in arriving at is predictions: (1) the total effective radiated power (both horizontal and vertical), (2) the height above ground to the center of radiation of the antenna, (3) the type of antenna element used in the antenna array and (4) the number of elements (or bays) in the antenna array. The model is discussed in detail in an EPA publication by P. Gailey and R_ Tell (Reference 11 in Bulletin 65). The FCC's version of the FM computer model can be downloaded from the FCC's Office of Engineering and Technology World Wide Web site.' The FM computer model uses element and array radiation patterns to develop predicted field strengths and power densities on the ground.' Ground reflection is taken into account in these calculations (a factor of 1.6 for field strength as discussed in Section 2 of Bulletin 65). Although the model is theoretical, measurements made by the EPA and by others around existing FM antenna towers have shown good agreement with predicted values. ' The FCC's FM computer model ("FM Model") may be downloaded via the Internet from the FCC's Web Site at http://www.fcc.gov/octlinfo/softwart/. Any future revisions to this software may be found at this location. For further details contact: rf safcty@fcc.gov or the FCC's RF Safety Program at (202) 418-2464. The EPA measured the vertical radiation patterns of several element types and incorporated the measurement data into its computer model. The FCC has also used the EPA clement pattern data and has added other data submitted by manufacturers for additional antenna elements. 50 40 Power 30 D ens ity (Awl cmz) 20 10 ffice of Engineering and Technology stance (m): 100 ,; : Antenna Type: HoLizontai ERP (1M): 100000 Vertical ERP (1M): 100000:'''''�: &ntenna Height (m): �102 Power Density vs Distance Distance (m) ERI or JAMPRO JBCP "RotoWer" (EPA)' Number of Elements: Element Spacing: 1 .8 .7 .3 _Z .1 0 1 Kltl(•ffl?tr ,( INlli T l 1( Iw CII L1 Li'i TP. Cu YYK Ir 3l 4G 1320 -60 -G5 -70 -75 -08 -85 DEGREES RELATIVE TO HORIZONTAL PIpNE T1 TABLE 3. Predicted Distances for Compliance with FCC Limits: OS Wavelength Frequency (kHz) Transmitter Power (kW) 50 10 5 1 Predicted Distance for Compliance with FCC Limits (meters) 535-740 4 3 2 2 750-940 4 2 2 2 950-1140 4 2 2 1 1150-1340 4 2 2 1350-1540 4 2 2 2 1550-1705 4 3 2 1 C070'— A ;M T� u,`zti- -�a ! s b sf"u� ez ;, `f `tom z�c�; Px� TABLE 4. Predicted Distances for Compliance with FCC Limits: 0.625 Wavelength Frequency-T (kHz) Transmitter Power (k� 50 10 1 5 1 Predicted Distance for Compliance with FCC Limits (meters) 535-740 4 3 2 1 750-940 4 2 2 1 950-1140 4 2 2 1 1150-1340 4 2 2 1 1350-1540 4 2 2 1 1550-1705 11 4 2 2 2 5 �4 ti 7 • � :1 Qs 1600 3 —I� 3 1400 1200 Id M1000 J kn o -}- 'd •`J E ti ` 800 m %.._ ('CL v 600 L 400 \� ti 200 A FCCIEPA Study (without gloves) W ■ 0.150 wavelength ♦--v 0.500 wavelength " 0250 wavelength +--{ 0.625 wavelength O-O Tell Study 0.25-0.625 wavelength (without gloves) 0-0 Tell Study 0.25-0.625 wavelength (wlth specific leather gloves) 540 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 Frequency (kHz) Figure 5. Estimated power levels to comply with occupational/controlled limits for on -tower exposure of persons climbing AM broadcast towers (applies only to exposure of persons climbing a transmitting AM radio tower). VISUAL RESOURCE EVALUATION PROPOSED CO -LOCATION ON THE EXISITING 363' TALL GUYED TOWER SITE # NE43XC444E WJOY AM 70 JOY ROAD CITY OF SOUTH BURLINGTON CHITTENDEN COUNTY VERMONT Submitted by: • ,tNDEPENDENT __� Sprint WIRELESSONE Sprint PCS ,,,.,,,.. . INDEPENDENT WIRELESS ONE 3 Corporate Plaza 254 Washington Avenue Extension, Suite 303 Albany, NY 12203 Prepared by: TECTONIC ENGINEERING CONSULTANTS, P.C. 43 State Street, Suite 3 Montpelier, Vermont 05601 802-223-0558 802-223-0961 FAX W.O. # 2916.444E June 12, 2001 VISUAL RESOURCE EVALUATION Tectonic Engineering Consultants, P.C., was contracted by Independent Wireless One to create computer simulated photographs depicting the proposed addition of their antennas on the existing 363 foot tall guyed tower located at 70 Joy Road, in the City of South Burlington, Chittenden County, Vermont. Setting: Within the study area, the topography ranges in elevation from approximately 90' AMSL (Above Mean Sea Level) to approximately 400' AMSL. Methodology: On May 25, 2001 Tectonic Engineering Consultants, P.C. conducted a field investigation for the purpose of evaluating the views associated with the proposed co - location installation. Conditions were sunny, approximately 700 with 0-5 mph winds. The study area consisted of a one (1) mile radius from the project site. Photographs were taken from various vantage points within the study area to document the actual view towards the existing structure, as well as the general character of the viewshed. Each photograph attached, includes a brief description of the location and orientation from which it was taken, as summarized below: 1. View from the intersection of 1-89 Northbound and Exit 13 off ramp, looking west towards the existing structure from approximately 3850' away. 2. View from the intersection of Farrell Street and 1-189, looking east towards the existing structure from approximately 2050' away. 3. View from #150 Swift Street, looking north towards the existing structure from approximately 2150' away. 4. View from the intersection of Spear Street and Swift Street, looking northwest towards the existing structure from approximately 3600' away. 5. View from I-189, looking west towards the existing structure from approximately 3200' away. 6. View from the intersection of Route 7 and Proctor Avenue, looking southeast towards the existing structure from approximately 3200' away. 7. View from Rice Memorial High School, looking southeast towards the existing structure from approximately 1250' away. 8. View from Country Club Road, looking south towards the existing structure from Iapproximately 4650' away. Site Number: NE43XC444E Page 1 of 2 June 12, 2001 9. View from the intersection of Route 7 and Home Avenue, looking east towards the existing structure from approximately 3050' away. 10. View from the intersection of Route 7 and Swift Street, looking northeast towards the existing structure from approximately 3650' away. These photo locations are presented on the "Photographic Log Map" attached. Process: Photographs of the existing structure from the view points noted were taken with a 35mm Canon EOS camera using a 55mm, focal length lens. Photographs that contain simulated views (#5 and 7) of the proposed installation were produced by first photographing the existing tower and then scanning the photos into digital images on a computer. Digital images of the site photos and the proposed equipment were then merged and manipulated through the use of the image editing software, "Adobe PhotoShop 6". With this process the installation is scaled to the correct size. The composite is printed out directly on a color printer, producing the final image. The simulations depicted in this report utilized white colored antennas. This is done strictly for illustration purposes. Conclusion: The proposed addition of Independent Wireless One's equipment on the existing 363 foot tall guyed tower, will not have a significant impact on the existing views of this structure. Sincerely, ENGINEERING Sara A. Le 1�6ridge Visual Tec nician SULTANTS, P.C. TaP M. Sickels Project Manager W:\2916-IWO-Vermont\444E - WJOY AM Radio Tower\VISUALS\sim-colo-rept.doc Site Number: NE43XC444E Page 2 of 2 June 12, 2001 1 i I 0 CD I N cc In m I In CV c I D CD a) � 4 I I a 3 0 Ii ¢ J 9- CD w Q E W I � a� L7 U O Q V), t o Marian Or : CO�ntr J o Chitten d�� y ° rt O b rt U) � Locust S H C ed9e�° d a Go ct 0 f cl) fi ° o o Adams Ct c a � J a N c Hoover St �s —' CIO 3 0 , uB' c liff k1e pp m Q Q Ave �,. Sears Lane c) Clymer St z OQ __7 10 (n Cres nt Ter d 0 U) u' -o cr) 6 � w Glen d r" C/O BURLINGTON m 0 '- o Ferguso Ave �' Procto A C/0 SOUTH BURLINGTON r v -D3 e N O Lyman A ewhite PI o 0 Morse PI L Hadley Rd0 o carff Ave mcnBacon St H me Ave 189 ram.- C U) 0 T Pair t ! Z SIi I—B9 g 0 S Meadow Rd Potash River r Z en l ty, k R ideRMve � Swift St Lindenwood Or Brewer Pkwy Lau, I Ln -0 to 0 3 O m � Qc a� n. ° 0 0 f 0 0 a 0 Oceapv e n a 0 N (D _ U) KennedY Indian Creek Ridgewo6?j D e Hlll Dr Z_ al '00 0 a 0 o � o0 3 aldwin Ave° eninq Av a' c o � Cortland A Z a Inn Rd Mc Intos O- Stonehedge Dr Oak Hill Rd Cedar GI nn Dr / n 0 4 Grona7 C) 0 Ln fi U) PHOTO LOCATION 1 INTERSTATE-89 NORTHBOUND Exff 13 OFF RAMP 2 FARRELL STREET & INTERSTATE 189 3 #150 SWIFT STREET 4 SPEAR STREET & SWIFT STREET 5 INTERSTATE 189 6 ROUTE 7 & PROCTOR AVENUE 7 RICE MEMORIAL HIGH SCHOOL 8 COUNTRY CLUB ROAD 9 ROUTE 7 & HOME AVENUE 10 ROUTE 7 & SWIFT STREET VISIBLE PHOTOGRAPHS TECTONIC W.0.: 2916.444E PHOTOGRAPHIC LOG MAP SCALE: 1 st=10009 IWO# NE43XC444E WJOY AM 70 JOY ROAD SOUTH BURLINGTON, VERMONT C/O SOUTH BURLINGTON CHITTENDEN COUNTY, VERMONT TECTONIC ENGINEERING CONSIJILTAN75 P.C. 43 State Street, Suite 3 (802)223-0558 Montpelier, Vr 05601 . 21, RT r4 x �p a t " LOOKING WEST FROM THE INTERSECTION OF 1-89 NORTHBOUND AND EXIT 13 OFF RAMP J PROPOSED EQUIPMENT WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 3850't No Text ! � ids rr • "! LOOKING NORTH FROM #150 SWIFT STREET TECTONIC PROPOSED EQUIPMENT WILL BE VISIBLE FROM THIS LOCATION ENGINEERING CONSULTANTS PC. DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 2150't LOOKING NORTHWEST FROM THE INTERSECTION OF SPEAR STREET AND SWIFT STREET PROPOSED EQUIPMENT WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 3600't No Text No Text 0 LOOKING SOUTHEAST FROM RICE MEMORIAL HIGH SCHOOL PROPOSED EQUIPMENT WILL BE VISIBLE FROM THIS LOCATION P -7 DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 1250't NE43XC4"E LOOKING SOUTHEAST FROM RICE MEMORIAL HIGH SCHOOL PROPOSED EQUIPMENT IS VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 1250't S-7 NE43XC444E 44 i! :3c� a LOOKING SOUTH FROM COUNTRY CLUB ROAD PROPOSED EQUIPMENT WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 4650't Y LOOKING EAST FROM THE INTERSECTION OF ROUTE 7 Rim AND HOME AVENUE P _9 PROPOSED EQUIPMENT WILL NOT BE VISIBLE FROM THIS LOCATION DISTANCE FROM THE PHOTOGRAPH LOCATION TO THE PROPOSED SITE IS 3050't NE43XC444E No Text Permit Number SP-- CITY OF SOUTH BURLINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) QIaTTEC'ommuni a�ion�;'ncas cI%ow�o�in-R:d�onsentgtoddsq'.ph(�'ne0anoXx36 , Burlington, VT 05402-0369 (ph.) 802 658-0220 (f.) 802 658-1456 2) LOCATION OF LAST RECORDED DEED (Book and page #) Volume 199 Page 107 3) APPLICANT (Name, mailing address, phone and fax #) Independent Wireless One Leased Realty Corporation, 319 Great Oaks Blvd., Albany, NY 12203 4) CONTACT PERSON (Name, mailing address, phone and fax #) John R. Ponsetto, Esq. P.O. Box 369, Burlington, VT 05402-0369 (ph.) 802 658-0220 (f.) 802 658-1456 5) PROJECT STREET ADDRESS: Joy Drive 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) telecommunications tower b) Proposed Uses on property (include description and size of each new use and existing uses to remain) 3 antennas (see Lease & Panel Exhibits) c) Total building square footage on property (proposed buildings and existing buildings to remain) d) Height of building & number of doors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 300 tower e) Number of residential units (if applicable, new units and existing units to remain) N/A f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): N/A g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): 8) LOT COVERAGE a) Building: Existing N/A % Proposed No Chango�o b) Overall (building, par ing, outside storage, etc) Existing ft % Proposed N/A % c) Front yard (along each street) Existing N/A % ProposedNo Change 9) COST ESTIMATES a) Building (including interior renovations): S 40, 000.00 b) Landscaping: $ N/A c) Other site improvements (please list with cost): N/A 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): N/A b) A.M. Peak hour for entire property (in and out): N/A c) P.M. Peak hour for entire property (In and out): N/A 11) PEAK HOURS OF OPERATION: N/A 12) PEAK DAYS OF OPERATION: N/A 13) ESTIMATED PROJECT COMPLETION DATE: November 1, 2001 14) SITE PLAN AND FEE $60.00 A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (1 1" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). E I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board Director, Planning & Zoning I have reviewed this site plan application and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date 3 CITY ENGINEER'S COMMENTS FOR 8/21/01 DEVELOPMENT REVIEW BOARD The Gatewav - Shelburne Road i. Sidewalks should have a minimum width of five (5) feet especially those that will be plowed by the City. z. The new sanitary sewer shall be bedded in 3/4 inch crushed stone. 3. Large trees should not be planted on top of water and sewer lines. Marceau Meadows -Hinesburg Road i. Layout could be improved if the multi -family units street was opposite Rebecca Drive. It is offset about i5o feet. FIRE CHIEF'S COMMENTS FOR 8/2i/oi DEVELOPMENT REVIEW BOARD MEETING i. Sketch Plan, 1545 Hinesburg Road - The multi -family units should be sprinklered. z. Final Plat, 510 Shelburne Road - The new construction should be sprinklered and include a fire alarm. C= OF SOUTH BURLINGTON DEPARTMENT OF PLANT E"4G & ZONE1gG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 15, 2001 Mr. John Ponsetto Gravel and Shea P.O. Box 369 Burlington, Vermont 05401-0369 Re: Site Plan and Conditional Use Application 70 Joy Drive Dear Mr. Ponsetto: Enclosed is the agenda for next Tuesday's Development Review Board meeting, and my comments. Please be sure that someone is at the meeting on Tuesday, August 21, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincere4, Raymond J. Belair Administrative Officer Encl./td CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONE*4G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 7a- From- c GcRam- Date- p%alms. paw: /G / Z X-ee -74i `j7 4i1` v- Ct, 1 To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: August 10, 2001 SP-01-46 & CU-01-32 Site Plan& Conditional Use Application — 3 Panel Antennas, 70 Joy Drive Previous Action: None Overview: Site plan & conditional use application to erect 3 panel antennas on an existing tower. Issues: ■ The applicant should submit information on the height of the panel antennas in relation to the tower (ie. mounting height and elevation of antennas). Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the site plan and conditional use applications with the exceptions noted above. Additional information should be submitted no later than August 15, 2001. Recommendation: Staff recommends that this application be authorized to proceed for site plan and conditional use consideration at the August 21, 2001 meeting. CITY OF SOUTH BURLINOTON DEPARTMENT OF PI ANNING & ZONING 575 DORSET STREET SOUTH BUR1LINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 8, 2001 UV! 85 S Prospect Street Burlington, Vermont 05401 Dear Property Owner: Enclosed is a copy of a public notice published in the Burlington Free Press. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. 3f you would like to know more about the proposed development, you may call this office at 846-4106 or attend the scheduled public hearing. Sincerely, Sarah H . MacCallum Associate Planner Encl / td GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.668.0220 Faceimile 802.668.1466 www. gravelshea.com Writer's F-Mail: jponsetto@gravelshea.com HAND DELIVERED Mr. Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly James E. Knapp John R. Ponsetto Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Clarke A. Gravel Charles T. Shea Stephen R. Crampton Of Coueael Norman Williams Christina Reiss Special Couneel Johan WE. Maitland Michelle N. Farkas Rebecca C. Raskin Andrew D. Manitsky Cornelius C. Cowles July 11, 2001 J1/L D City ®f So Re: &plication of Independent Wireless One Leased Realty Corporation ("I)YO") Dear Ray: Enclosed is IWO's application to the Development Review Board for permission to install 3 antennas on the WJOY (AM FM) tower on Joy Drive with exhibits and fees in the amount of $145 ($60 Site Plan and $85 Conditional Use) attached. Very truly yours, JRP:kjm Enclosures Cc: Ms. Kelly Springer (w/enclosure) ?A City of South Burlington Application to Development Review Board Official Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT Name ofapplicant(s) Independent Wireless One Leased Realty Corporation 319 Great Oaks Blvd. Address Albany, NY 12203 Telephone # Represented by John R. Ponsetto, Esq. Landowner Hall Communications, Inc. Location and description of property Joy Drive Adjacent property owner(s) & Address Pizzagalli Construction Co., Rice Memorial High School, v Meadowbrook Condominiums, University of Vermont and San Rema--kealty Co. Type of application check one: ( ) appeal from decision of Administrator Officer (includes appeals from Notice of Violation) (Y� request for a conditional use ( ) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. pprovisio Qf zorking ordi an e t es t n �� Installation o 4IhcsY .6 x2.7 antennas on the WJOY Tower Jov Drive Reason for appeal Other documentation Lease Exhibit, Site Plan, Panel Exhibit, & Photographs July I' , 2001 Date Signature In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, , at 7:30 P.M. to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to TAX MAP PLAN SCALE: I - _ >Ea NUMBER RECORD OWNER ADDRESS Ow0 O' C SAN REMO REAL TV 00. P.O. MU 2009 PQIAGALU S ataLLWGTON. VT. 05W7 ONO PIZZAGALU DEVELOPMENT CO. P.a BOX 20M 00056 C S. aURLANGTON, VT. 061101 1390 RICE MEMOMAL NO" SCHOOL 52 WILLIAMS ST. BOOM TV CIO ROMW CATHOLIC DIOCESE OF VT. BURONGTON. VT. 0541 OW MEADOWSROOK CONDOMINIUMS 97&AKELY ROAD, STATE 213 OWDOL CIO PARK PEACE M414OMENT COMP COLCHESTEFL VT 064K '700 ,TO IT FI/OENE6 WRYTIaERE1 t50 5 WP7 ST. S &LRUNGTON, VT. 054S 'TEXT B"VERSRY OF VERMOAR 63 SOUTH PRQSPECF ST. N .100STATE AORICLA. TL&AL COLLEGE &MLNGTON, VT 0641 LIST OF ABUTTERS GENERAL NOTES 1. UaMres shown do not Purport to constitute or represent all uttlitles located upon or ad/acent to The surveyed premises. Existing utility locations ale approximate Only rho Contractor shall held vedy all uflf ly conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Sale (B88-3I4-7233) prior to any construction. 2. The pro/act datum was established using a Trimble 4700 total Station based at National Geodaitic Survey Monumentation ABSTM5 and PG 1902. Horizontal: NAD 83 U.S. State Plane 1983, Vermont Stale Grid Vertical: NAVD 88 3. This plan Is not a boundary survey and is not Intalded to be usod as ore. 4. Property line information was abstracted horn the CIry of South BUr1fWton Land Records. 5. This protect does not lie within the 100 year flood plain boundary as per FENK Flood Insurance Rate Map, Panel N 500195 0058, Dated March 16, 1981. 6. The proposed facility is unmanned, therefore sewer service, water service and handicap accessibility are unnecessary. 7. The rower will not be arfil/cally lighted except to assure public salary as required by the Fodeml Aviation Administration or other governing authority. ( LEGEND PROPERTY INC ADJOINING PROPER" LINE LEASE LIMITS -- - - - - - - -- EASEMENT LINE -- — SETBACX ONE EXISTING EDGE OF PAVEMENT/ CURB EDGE OF CXISIIMG GRAVEL (INM ,p, C.SIING U1.11 POLE b PROPOSED UIUTY POIE - - ONV -- EMSING 0>ENIUO MATES wd PNCPOSLD OVERK4 IRKS - -- -- Ix, CXISuNG UNUERGROUNO UTILITIES 116 ONDERGRO{NO UTILITIES POWER AN O TELCO COnOLAT ANO AATING --502----- EXISTING CONTOUR —-.-)OO— — EMSING 0", CONI0IAT O NON ROD CNNNGNIt f[NCE BUSKS rYWIYV"v1 IRE[ LINE Y� LIMIT Or CLEARING m GATE VALVE 0 TORER O CONCRETE MONUMENT -0CIVIL EN GINEEIING ASSCOC ATES. INC- � P.0 BOX 465 V*LBUR%. VT LG462 FtIM-1..1 IRA-WYRbtlrl �.,-R o�IBgMR-rM TECTONIC ECONSNGINuOEEiANRING TS P.C. .> sl.n sIRLrI, sunr > (.4 YLLILA, N D>W. (Wl) 1))-fM>R 0 \o SPIKE 5 N/F PIZZAGALLI DEVELOPMENT CO. 0940 00055 C / N/F RICE MEMORIAL HIGH SCHOOL C/O ROMAN CATHOLIC DIOCESE OF VT 1390 00099 N 4-t • 1 � �/ / 'lay_ � I � \ In JOY DRIVE % ��aAPpp `\\�` i 4 PINE T 1 SPIKE II L l IT �VAYTNCNI \ II I i 1 _zB1' EI f XISIING ELECTRICAL CLUSTER—" JS(�Ba1M / 1 EERCRAIOI GUYWIRE(TW4- - I tq\Imo#\�uws IRE[ J? �� N/F SAN REMO REALTY CO./ PIZZAGALLI NEPLACENETIT TOWER 4 _ _ / LOMG 7311.49 1/ \ I� L' '1,0 — — —1 s�rtwiE (Iw.1 Pf�81@e.Pt I _.. — — — RAGSE (tu.-n)— — — — — L---------_ - `F--- •� '1- �— - T i, PONE 3 Ile - - - - - - - - - - \` -. - - - - - - o .- ° --- o EXISTING BIKE PAT, N/F UVM & STATE AGRICULTURAL COLLEGE 1700 00100 N WJOY AM RADIO TOWER 70 JOY DRIVE SOUTH BURLINGTON, VERMONT 05401 COUNTY OF CHITTENDEN TOTAL LOT AREA - 170968 SF = s:3.92 ACRES FRONT YARD AREA IN 9072 SF 0.19 ACRES BUILDING FOOTPRINT - 5413 SF - 3.2% BUILDING COVERAGE LOTCOVERAGE = 18188SF - 9.5%LOT FRONT YARD COVERAGE - 2254 SF - 26% FRONT YARD INDEPENDENT WIRELESSONE SITE NO. �- Sprint Sprint PCS MLIMpIAFMRAA NE43XC444E N/F EUGENE & MARY THIERET 1700 00150 R ® 7/2/01 FOR COMMENTNO. DATE - REMSIONS aY Cat A SCALE: 1' . 20' DESIGNED BY: DRAWN 9Y: AWO/OSM I LOCATION MAP SCALE: 1 — 2000 ' �J .9f so N/F MEADOWDROOK CONDOMINIUMS 0940 00000 L PROPERTYOWNER: HALL COMMUNICATIONS/ WJOY P.O. BOX 4489 BURLINGTON VT. C6406 APPOCANT AND INDEPENDENT WIRELESS ONE IOWER OWNER: TAX MAP PARCEL NUMBER: 0940 00070 C ZONING DISTRICT: COMMERCLLL 2 GRAPHIC SCALE 1 laoh - 40 It, WJOY AM RADIO TOWER TEC WO: 2916.4 PLAN FOR PROPOSED TELECOMMUNICATION 70 JOY DRIVE / C-1 ID WAI MDPa b l� trwl D..00t �\ aslrt 4 � .� I �. { O,alO a0 ADS. (ulwRD) I F § mil. 5 4R11 W PO..II i • luw * •1 ) r...DwD In ... , .,• 1•61D4 DAD.v i Sall. I,Nr.V Wll • (lUwllD) Wgre 0 ,VOfI Wf i cvdbCAMm f 0.LA1A l- R WWWI[D ID Gl'INY 1./rt.rl N.01 ' i 1 r CWIDi D• ..D. D.H. P..OrOLm CAM" .loot), ,LKA i i. .....y................ ... _.......... .. _..e 4,R.1 I I E/iPKi ,PSI, Hall[ 14 LAOWCI .QVIA'A cbA CAO.<1 SITE DETAIL PLAN TECTONICC"''a"'�"1ND cwsurwrs i.G WJOY AM 70 JOY ROAD SOUTH BURLINCTON• VT 05401 COUNTY OF CHITTENDEN � ``, na11.0 W101 cv,1D IO.0 i I � x .% � "ovo«r wads of e M RMW . pa10i Q^w IOWEp tlM{wl CM.lt a») will I. CO.RIOL'm 10 tµ cum CABLE AI mom EA" M R—A 01.1.—M l r AS DALCIED K ..0. ANTENNA ORIENTATION l-1 wan 1/3• _ 1'-D• 11011y an,D IPSA , 9.ltA.lD. naD.O CAUL( WMtl ELEVATION C-1 %CAL I• _ To, 41DEPENDENT �- Sprint WIRELE880NE Sprint PCS .... .... SITE NO. NE43XC444E ./.)/0. ,W CO.NI•I ........................................................... �...i .... 4R .Miq.t /1 C. ............................................................:..... )CA": AS A4RD :G(D04D n, h IO.IAWM n; rAI ow" our OWl DILOD R1►1 GENERAL NOTES I. lK w"Cl a DC C0.1S.CW "VALAIo. Or M uA—co "suss .. rAf1)n "" Kt MITAWAS, ). I..0 P.OIOSED D(.1,p.()II a ...--W A"' DOCS Wl 4(0O ( A .D.S 01 Anx VVftl 0. ,LADE DSPOSM. ). lK r. D Dt\LLoh,Wl a U—AL AW Wu C.IAIE waA l ADDIW. SIWI -IEA.I.Qrr A..O W 11"EfORE .01 ..PACT DK 04—C S,Oa.WAIEA 0..%,CE Sn't.. ., ll m ME W 47o STwas, CI."1, Sol —% W —.." PNOrO1m. W P.OPOSCD KV[L0r1i.i ME 001 "CLOD[ WIDOW SIMACC W AM SOUR WASTE KCVIACLCS. t. MU[ MC ..D OW.l1KK DzAs 1.,amm rW Ma MVALLAT—. 1. .OM1. WO.IADD, a AR110.WIc (me MDR ADUCua 10 .D.M MI.D/) A. SITE " WAS KVIXOPCD MDI A TAPE S *4V PR M IEclD [.O"tENNo W ./l/01. UESMO CDp1 s ME AM A.MA t AND W .Of .CRLCI M KIY.0 SUIT.". LEGEND ,ICI L.IoaC.o. 11LCO „o W.EA .aI.D ".C„ K OIOC.C.OUM VINI.ES ........................... oDz11a fl c WJOY AlA RADO TOWER IEC WO: 2916.144E SITE DETAIL PLAN do ELEVATION R�- I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT Hal Communications, Inc. o by rt Rowbotham, President SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Development Review Board Director, Planning & Zoning I have reviewed this site plan application and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date 3