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HomeMy WebLinkAboutBATCH - Supplemental - 0005 Lyons Avenue1 &r Aa '. WA- AN southbhu fington PLANNING & ZONING Permit Number AD- i I � / - ffim e only APPLICATION FOR MINOR LOT LINE ADJUSTMENT All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review by the Administrative Officer. 1) OWNER(S) OF RECORD (Name as shown on deed, mailing address, phone and fax #) _ 13ebecca and Richard, Cassidy, 5 Lyons Avenue, South Burl., VT 05403 ph _238-2809 no fax #) I nri Hayes and Mark Chaffee, 3 Lyons Avenue, South Burl., VT 05403 ph) 497-0438 (no fax #) 2) LOCATION OF LAST RECORDED DEED(S) (Hook and page #)V.V. 647, P.139 \� 487, P 165 46S, P'128. 3) APPLICANT (Name, mailing address, phone and fax ase Mountain I aw 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) The owners of both parrels heing;;d0i,sted have a fee simple interest in their respective properties. 5) CONTACT PERSON (Name, mailing address, phone and fax #) Mike Russell Pease_Mountain I aw, P 0 Bnx 310, Charlotte, VT 05445p)802-2644888 f) 802-419-3843 5a) CONTACT EMAIL ADDRESS mr_ ussell a mountainlaw.com 6) PROJECT STREET ADDRESS: 3 1 yons Avenue South Burlington VT 05403 an_cj_ 5 I Von-, Avenue, South Burlington, Vt 05403 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 1080-00003 and 10 D-Q000.r)_ 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) R h arrPls are roved with a single-family residence _ b) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 9) LOT COVERAGES FOR EACH LOT LOT #1 (Street Address): .5 1 vnns Avenue, Sniith Bid gton___ VT 05403 a) Building: Existing_ % Proposed 22 % b) Overall (building, parking, outside storage, etc) Existing_ 3_4_% Proposed 34 % c) Front yard along each street Existing _% Proposed (applies only to commercial property) (No change in lot square footage or coverage) LOT #2 (Street Address): 3 1 Vnnc Avenue, Sai ith Burlington, VT- 0540 - d) Building: Existing_ % Proposed 2_% e) Overall (building, parking, outside storage, etc) Existing 31 % Proposed_,,� % (No change in lot square footage or coverage) f) Front yard along each street Existing _% Proposed _% (applies only to commercial property) 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.)3 Lyons Avenue is subject to a sewer easement to the City conveyed by deed at V. 102, page 377 and an easement in favor of the Cassidy lot, by deed at V. 487, pg. 165. 5 Lyons Avenue is subject to a sewer easement to the City conveyed by deed at V. 104, pg. 123. 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) The PxchangP.of 3Q zquare foot parcels between the subject lots will not require relocation of municipal services. 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the band Development Regulations. Three (3) regular size copies, one reduced copy (I V x 17"), and one digital (PDF-format) copy of the plans must be submitted. Applicant fees must be included. /Vo 2, Minor Lot Line Adjustment Application Form Rev 12-2011 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 PROPFRTY O SIGNATURE OF PROPER O Do not write below this line DATE. OF SUBMISSION: I have reviewed this application and find it to be: �omplete n The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 3 Minor Lot Line Adjustment Appirahon Form Rev 12-2011 A-.o-AV� RICH CASSIDY LAW LAWYERS FC; OPLE City of South Burlington C/O: Ray Belair, Zoning Administrator 575 Dorset St. South Burlington, VT 05403 Re: Minor Lot Line Boundary Adjustment Dear Mr. Belair, Richard T. Cassidy+ Matthew M. Shagam Amanda C. Lee All attorneys admitted in VT ♦Also Admitted in NY Please find enclosed with this letter the necessary copies of the boundary line plats to be able to finalize the adjustment of the lot lines with the City. Please also note that an electronic copy of this plat was sent to you via email from Michael Russell at Pease Mountain Law. Please let me know if there are any problems with locating that e-copy. Sincerely, A� Matt Shagam, Esq. h Cassidy Law, P.C. Mailing Address Physical Address Multimedia Addresses 1233 Shelburne Road Suite D5 1233 Shelburne Road Phone: 802-864-8144 South Burlington, VT 05403 (Comstock Circle on some maps) Fax: 802-778-0510 Pierson House/Building D, Suite 5 Website: www.richcassidylaw.com South Burlington, VT 05403 SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD ' A.D. 201 at O'clock minutes m and recorded in Slide Attest: City Clerk LINE DATA TABLE LINE BEARING DISTANCE L1 N 29'33'05" E 1.58' L2 S 55'26'37" E 5.41' L3 N 5656'24" E 3.38' L4 S 11'14'09" W 1,50' L5 S 55'26'59" E 4.54' L6 S 29.29'26 iiF 13,32' L7 S 11*14*09" W 14.45' CITY OF SOUTH BURLINGTON v. 96 p. 96 map slide 576 tax map no. ,. L01 VI Jv" ,Ob ' Q H. McCAONN v. 647 p. 142 I� v. 118 p. 499 map slide 420 �0 EASEMENTA.RE� FOR CASSIDY 647 p. 139 / 34. Si%o2�E q PAVEMENT S]3o 1 PAVEMENT S`rJ'o V\ OBI pry/ Q tax map no. 1080-00003 M. CHAFFEE L. HAYES v. 487 p. 165 v. 24 p. 21 4"SCIUARE 0.2 ACRES +_ FLUSH —��� \ \ \ `a3 41 \. 7 ti 1-314"O.D.. FLUSH LEANING WATER LINE x r O SEPTEMBER 13,1016 b ELEVATION 94. 1'+„_ fib/ ry S 4J, LAKE �tiF 0 0 v� — SEE DETAIL A Y HUBS, 0 r -- RETAINWooDING 0 = 7' //ff WALL � o 0 h tax map no. 1080-00005 R. 8 R. CASSIDY v. 647 p. 137 v. 647 p. 139 v. 468 p. 328 v.24p.36 map slide 420 0.2 ACRE1 +_ \ \ bZ A° of tax map no. 0330-00063 \ 63 CENTRAL AVENUE \ CONDOMINIUM v. 217 p. 87 `1T\ v. 24 p. 95 `i- NO. S. UP 0. 1' YELLOW PLASTIC( IJ 'BAPLS LS4IS' Graphic Scale Feet 20 0 20 40 60 80 BOUNDARY L NE' 'O BE IrLMiNATED tax map no. 0330-00055 FIRE DISTRICT NO. 1 v. 647 p. 144 v. 24 p. 163 map slide 420 7 'J ,. 5. RUSH. "LIOW PLASTIC CAP �"-- "BAPLS LS4I5" EASEMENTT'O CASSIDY 796 p. 4/o NEW j BOUND�aRt LNi \ A'113, � \ PARCEL TO BE CONVEYED FROM CHAFFEE/HAYES O CASSIDY 30.1 SQ. FT.. BOUNUAR�V„% LINE DETAIL A NOT TO SCALt PARCEL TO BE CONVEYED FROM CASSIDY TO CHAFFEE/HAYES 30.1 SQ. FT. ��- BOUNDARY UNE TO BE EbM{NATED LEGEND O b!,ARj SI'iI fd" REBAR I TO BE SET; IRON PIPE ( FOUND ) CONCRETEMONUMENI (FOUND; ® SPIKE IN PAVEMENT (SET ; REINFORCING BAR ( FOUND; CALCULATED POINT Ll LINE DATA TABLE REFERENCE NOTES: 1. THIS PLAT IS BASED ON DEEDS RESEARCHED IN THE CITY OF SOUTH BURLINGTON LAND RECORDS AND A CLOSED FIELD TRAVERSE CONDUCTED WITH A TOTAL STATION ON 9/13/16. BEARINGS ARE BASED ON VERMONT STATE PLANE GRID NORTH ESTABLISHED WITH RTK OBSERVATIONS FROM VERMONT CORS STATION VTRI. 2. REBARS SET ARE NO. 5 REINFORCING BARS WITH ALUMINUM CAPS STAMPED "TRUDELL CONSULTING ENGINEERS, LS 488". 3. THESE LOTS ARE SUBJECT TO A FIFTEEN FOOT WIDE SEWER EASEMENT TO THE CITY OF SOUTH BURLINGTON AS DSECRIBED IN VOLUME 104 PAGE 123 AND VOLUME 107 PAGE 377. 4. DISTANCES ARE SHOWN TO THE HUNDREDTH OF A FOOT AND BEARINGS ARE SHOWN TO THE SECOND FOR MATHEMATICAL CLOSURE PURPOSES ONLY. 5. AN ATTEMPT HAS BEEN MADE TO IDENTIFY OR DELINEATE EASEMENTS, RIGHTS OF WAY, LEASE LANDS, ENCROACHMENTS, ETC. OBSERVED IN THE FIELD OR READILY FOUND IN THE LAND RECORDS. ADDITIONAL ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN ON THIS PLAT. 6. REFERENCE IS MADE TO A PLAN ENTITLED "PLAN OF NORTHERN SECTION OF QUEEN CITY PARK" BY ARTHUR HOAG DATED JUNE 1947. THE PLAN IS REFERENCED IN SEVERAL DEEDS BUT WAS NOT FOUND IN THE LAND RECORDS. A COPY WAS OBTAINED FROM THE UVM SPECIAL COLLECTIONS. OF I V ER'' �i ~ 1 SCOZ "+ TT '' ,_ TAYLOR - Boundary Line A r NO. 488 djustment Plat i7 O� s R��;.��° MARK CHAFFEE & LORI HAYES 7IT111111111° RICHARD & REBECCA CASSIDY 3 8, 5 Lyons Avenue South Burlington, Vermont Revisions a Description Date By TRUDELL CONSULTING ENGINEERS ...LAI. PARK ROAD I WILLISTON. VERMONT o5495 Bm BN 63311 WVAV.TCEVT.COM Date: 10/06/16 Scale: 1" -20 Project Number. 16-153 Drown By: SDT Surveyed By: SDT, JIM Dote of survey: 9/ 13/ 16 Field Book: 228 Crd file: 2016153 sheet: ' !. ray From: Pease Mountain Law <mrussell@peasemountainlaw.com> Sent: Thursday, October 19, 2017 12:38 PM To: ray Subject: Re: 3 & 5 Lyons Avenue Boundary Line Adjustment Ray, I apologize for the ambiguity in my language. Rich is withdrawing his application. Best regards, Michael T. Russell Member Attorney Pease Mountain Law PO Box 310 Charlotte, VT 05445-0310 (802) 264-4888 Fax (802) 419-3843 mrussell(a.Dpeasemountainlaw. com On Oct 19, 2017, at 12:34 PM, ray <rayksburl.com> wrote: Mike, I'm unclear as to whether the email you sent is the request to withdraw or whether I will receive another communication from Rich requesting to withdraw. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 802-846-4106 www.sburl.com www.sbpathtosustainability.com Notice - Under Vermont's Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Michael T. Russell [mailto:mrussell@peasemountainlaw.comj Sent: Thursday, October 19, 2017 11:34 AM To: ray <ray@sburl.com> Subject: Re: FW: FW: 3 & 5 Lyons Avenue Boundary Line Adjustment Ray, Sorry for the slow response. Rich will be withdrawing the application. Please let me know if you need anything further from me. Thank you for your assistance in this matter. Best regards, Michael T. Russell, Member Attorney Pease Mountain Law, PLLC PO Box 310 2848 Greenbush Road, Suite IA Charlotte, VT 05445-0310 (802) 264-4888 fax (802) 419-3843 This message contains information that may be confidential and/or subject to the attorney/client privilege. Unless you are an intended recipient of this message, you may not use, copy or disclose to anyone any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail and delete the message. Thank you. On Tue, Oct 17, 2017 at 11:50 AM, ray <ray�a sburl.com> wrote: Mike, I have not heard back from you since I sent you the below email on 9/14. 1 need to know whether you want me to deny this application or do you want to withdraw it? Please let me know by the end of the week. Thanks. Ray Belair Administrative Officer City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 2 Item 6 5, southburington PLANNING & ZONING Permit Number AD-_ I - @J (b1£ce use Only) APPLICATION FOR MINOR LOT LINE ADJUSTMENT All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review by the Administrative Officer. 1) OWNER(S) OF RECORD (Name as shown on deed, mailing address, phone and fax #) _ Rebecca and Richard Cassidy, 5 Lyons Avenue, South Burl., VT 05403 ph) 238-2809 no fax #) I Sri Hayes and Mark Chaffee, 3 Lyons Avenue, South Burl., VT 05403 ph) 497-0438 (no fax #) V. 2) LOCATION OF LAST RECORDED DEED(S) (Book and page #)647, P.139 � 46R, P �?8. 1! 487, P 165 _ .•. • • • ■. • • • 11• � 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) The Comers of both parcels heina ad)l,�d have_a feesimple interest in their respective properties. 5) CONTACT PERSON (Name, mailing address, phone and fax #) Mike Russell lease -Mountain I aw, P n Bsy,310, Charlotte, VT_�5 p)802-264-4888 f) 802-419-3843 5a) CONTACT EMAIL ADDRESS mr Iss .Ilapeasemouatainlaw.com 6) PROJECT STREET ADDRESS: 3 Lyons Avenue, South Burlington, VT 05403 and 5 VnnG Avenue, South Burlington, /T 05403 7) TAX PARCEL ID # (can be obtained at Assessor's Office) 1080-00003 and 1 O8O-0-0005 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Rn}h ID rrpls nrP �mproYed with a single family residence _ b) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 9) LOT COVERAGES FOR EACH LOT LOT #1 (Street Address): 5 1 yons Avenije gniith Riirlington,VT 05403 a) Building: Existing_ % Proposed 22 % b) Overall (building, parking, outside storage, etc) Existing_-3-4% Proposed 34 % c) Front yard along each street Existing _% Proposed (applies only to commercial property) (No change in lot square footage or coverage) LOT 112 (Street Address): 3 1 vons Avenue, Sni ith Ri irlington, ELT 05- d) Building: Existing_ % Proposed 20 % e) Overall (building, parking, outside storage, etc) Existing :1� % Proposed 3� % (No change in lot square footage or coverage) f) Front yard along each street Existing _% Proposed _% (applies only to commercial property) 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.)3 Lyons Avenue is subject to a sewer easement to the City conveyed by deed at V. 102, page 377 and an easement in favor of the Cassidy lot, by deed at V. 487, pg. 165. 5 Lyons Avenue is subject to a sewer easement to the City conveyed by deed at V. 104, pg. 123. 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) The exchange _of-30-1-square foot parcels between the subject lots will not require relocation of municipal services. 13) PLANS AND FEE Plat plans shall be submitted which shows the information required by the band Development Regulations. Three (3) regular size copies, one reduced copy (I I" x 17"), and one digital (PDF-format) copy of the plans must be submitted. Applicant fees must be included. Jam, i I rl"fir Minor Lot Line Adjustment Application Form Rev 12-2011 I hereby certify that all the information requested as part f this application has been submitted and is accurate to the best of my knowledge. � I�'- PLICANT SIGNATURE OF PROPERTY OWNF, 1 SIGNATURE OF PROPER OWNER/62 Do not write below this line DATE OF SUB:VSISSION: I have reviewed this application and find it to be: �eomplete li Inc r t Admistrative 0 The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call (802) 879-5676 to speak with the regional Permit Specialist. 3 Minor Lot Line Adjustment Application Form Rev 12-2011 May 22, 2008 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Minutes —5 Lyons Ave. Dear Marcel: For your records, enclosed is a copy of the approved May 6, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, ` 2 p 6cb� Betsy McDonough Brown Planning & Zoning Assistant Encl. 5,75 Durxet Street aulb Surkiigtov, VT 05403 lei 202.048-000 fax. 042.246-4101 w-ww-s uri,va eF oas�d-� -�U DEVELOPMENT REVIEW BOARD 6 MAY 2008 8. Miscellaneous application #MS-08-02 of Mark Kelley to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road: Mr. Fitzpatrick said they are withdrawing the request for a height waiver and will comply with the 25 foot height limit. Residents said they would like to see what is proposed. Mr. Dinklage said the DRB does not control single family homes unless waivers are required. He noted that an L-shaped addition is being proposed. Mr. Bruhn said the neighbors are concerned because there was a lot of surprise when the house across the street was built by Mr. Kelley. Mr. Belair said the addition proposed is 437 sq. ft., which is within the regulations. Mr. Dinklage added there is no incursion toward the lake. Mr. Stone asked where they will be parking cars. Ms. Sullivan said there is a 2-car garage in the addition and 2 parking spaces out front. Mr. Belair said the stipulations will be revised to remove the height waiver. Ms. Fox asked if there will be a written decision. Ms. Brown said neighbors will get a copy of the decision if they signed the attendance sheet. Ms. Quimby moved to approve Miscellaneous Application #MS-08-02 of Mark Kelley subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Mot ion passed unanimously. Miscellaneous application #MS-08-03 of Marcel Beaudin to amend a previously approved Plan for the reconstruction of a single family dwelling. The amendment consists of revising the location and dimensions of a deck, 5 Lyons Road: Mr. Beaudin said they had planned to salvage the existing decks, but found they were rotted beyond saving. Changes were thus made. Mr. Belair said staff had no issues. Ms. Quimby moved to approve Miscellaneous Application #MS-08-03 of Marcel Beaudin subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 10. Site Plan Application #SP-08-26 of Allen Road Land Company for an accessory residential unit, 78 Haymaker Lane: .,WN11® southburlington PLANNING & ZONING May 7, 2008 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Marcel Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on May 6, 2008. Please note the conditions of approval including that a zoning permit be obtained within six (6) months. Should you have any questions, please contact our office. Sincerely, Betsy onough Brown Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7006 3450 0002 0949 2366 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 41 southburhnoon PLANNING & ZONING April 30, 2008 Marcel Beaudin, Architect 1233 Williston Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, May 6, 2008 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com doe•K441e southburlington PLANNING & ZONING April 18, 2008 Richard & Rebecca Cassidy 5 Lyons Avenue South Burlington, Vt 05403 Dear Property Owner Enclosed is the agenda for the May 6, 2008 South Burlington Development Review Board Meeting. 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 meeting 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." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. cc: Marcel Beaudin 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com southburlington PLANNING & ZONING April 18, 2008 Fire District #1 Queen City Park South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the agenda for the May 6, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.410.6 fax 802.846.4101 www.sburi.com � r ' r southburlington PLANNING & ZONING April 18, 2008 Harold McCann 7 Beachcrest Drive Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of the agenda for the May 6, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www.sburl.corn ► � �% NU , southburlington PLANNING & ZONING April 18, 2008 Mark Chaffee Lori Hayes 11 Overlake Park Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of the agenda for the May 6, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, -fAq Beovk--, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com r southburlington PLANNING & ZONING April 18, 2008 Charlotte Bassett 65 Central Avenue South Burlington, VT 05403 Dear Property Owner; Enclosed is a copy of the agenda for the May 6, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802,846.4106 fax 802.846.4101 www.sburi.coni CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\beaudin\beaudin reviseddeck.doc Agenda # 9 DEPARTMENT OF PLANNING & ZONING Report preparation date: April 22, 2008 Application received: April 7, 2008 MISCELLANEOUS APPLICATION #MS-08-03 5 LYONS AVENUE Meeting Date: May 6, 2008 Owner/Applicant Property Information Richard & Rebecca Cassidy Tax Parcel 1080-00005 5 Lyons Avenue Queen City Park Neighborhood South Burlington, VT 05403 Floodplain Overlay District Applicant Marcel Beaudin 1233 Shelburne Road South Burlinqton, VT 05403 Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. 1 Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous approval to amend a previously approved plan for the reconstruction of a single family dwelling. The amendment consists of revising the location and dimensions of a deck, 5 Lyons Avenue. COMMENTS The applicant is simply requesting to revise the location and dimensions of a deck previously approved as part of a PUD on June 19, 2007. The proposed changes still meet all requirements of the zoning district with respect to setbacks and coverages. The new location of the deck is no closer to the Lake than previously approved. RECOMMENDATION Staff recommends that the Development Review Board approve Miscellaneous Application #MS-08-03 as presented. Respectfully submitted, jCa 'th 'ya LaRos�eA ssociate Planner Copy to: Marcel Beaudin, applicant Richard and Rebecca Cassidy, property owners 1► III i;�,rwp�,(xwA• z° / / J I` - , jY t fY ri' Iltt�o� 4��•ii ,I i ,>� _ / L / / / LOAM. SEED & MULCH � . ALL DISTURBED AREAS ..� (SEE SHEET C3 FOR .. e A v� SOUT BU'LING ON . / J / ./ , / . , '/ , , / APPLICATION RATES) 4A /,/ /, / /. / /../ / / ...0 LOCATION.MAP IN./ 1,-2 3/20/01 JSa REV. PROP. BLDG. & EC %.M! FIRE DISTRICT#1 NOTES 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. / Y ! l � - - � Existing utility locations are .approximate only. The Contractor /X ! ) shall field verify all utility conflicts.. All discrepancies shall be 1,,�'y, reported to the Engineer. The Contractor shall contact Dig ..p Safe (888-344-7233) prior to any construction.. PLAN Of 2. The benchmark of 127ent Is located on the threshold of the /^� let Boor of the frontentrance subject building and Is based - EROSION \ u on a Lake Cham lain water elevation of 96.38' as re orted +� by the King Staet ferry Dock on Jan. 12th, 2005:INSTAp - CONTROL \ / C .3. This plan is not a boundary survey and is not intended to PRIOR I. C FENCE - PRIOR TO gDN$TRUGTDN - • � _ be used as one. _ AND MAINTAIN UNTIL SITE 4. Property line information is based ory a plan entitled 'Plot IS STABILIZED (SEE GRAPHIC .SCALE Showing Survey and 'Boundary AdJbstments Between Properties w, SHEET C3. FOR DETAIL) of Richard T. & Rebecca. 8. Cassidy', prepared by Button Professional Land Surveyors, P.C., dated-10-22-03. s"a suuess Monumentdtion found cans consistent with the recorded pYaL REVISED __ • :.:. _.:,..... ATKIN$ ( IN PEST ). 5, This property lies In the Queen City Park Zoning District.11 May2tY47 i inch 10 ft. B01is' V 1"=10' new. wo. 05104 LAKE G+AAM X I o iC] p APRD,�,.� city o f Won THIS SITE PLAN IS T3 SUPPLEMENT THE APPROVED BY THE SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD THE SITE PLAN (SHEET S1) DATED 11 MAY 2007. THE FOLLOWING CHANGES ARE MADE; I THE FOOTPRINT OF THE HOUSE IS REDUCED FROM 1876 SF TO 1517 SF. 2) THE OVERALL SITE COVERAGE IS REDUCED FROM 3500 SF (33%) TO 3007 SF. (28%). THE LOT IS 10,730 SF. 3) THE ORIGINAL DECKING IS 1126 SF AND IS REDUCED TO 982 SF WHICH INCLUDES 300 SF OF REBUILT DECKING. 4) THE PROPOSED TOPOGRAPHICAL CONTOURS REMAIN UNCHANGED. 5) THE STORM -WATER CATCH BASIN WILL NOT BE MOVED BUT RAISED 12". CI'_ I OF SOUTH BURLING ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON., VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit # P S - bg - d APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use ( ) Request for a variance Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) k 4) CONTACT PERSON (person who will receive staff correspondence. Include name, m�ling address,phone & fax # if different from above): A, i „ .- 5) PROJECT STREET ADDRESS: .S ��YJi(IS G�Ui�xa 6) TAX PARCEL ID #: � O f U ()600, 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): Lib cl c( /L/ ,��2d r9 ��C�(1 � —pol I f C. Total building square footage on property (proposed buildings & existing building to remain): 1.5 l^i s� D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): 1-15 2 T77400Q"S E: Number of residential Units (if applicable, new units & existing units to remain): t F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): 5C! 6 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. Total parcel size: ( 033 D Sq. Ft. B. Buildings: Existing % / _Sq. Ft Proposed % / (Sq. Ft. c Z C. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed- % / 3?ap 5 Sq. Ft. D. Total area to be disturbed during construction: Sq. Ft.,* * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from "the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ B. Landscaping $ C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE_ 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): U 33U- O cuss -hrc 1��c{- � i � '� 10 -00003 Rur1c�Cdnw�c.� 0F� foA­ 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. 0iuwH i UKL ur- FNUHEK I Y OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: evelopment Review Board ❑ Director, Planning & Zoning I have reviewed this application and find it to be: COMPLETE /, Incomplete 11 of Planning & Zoning or Designee `1 L dnsv� SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 19 JUNE 2007 Ms. LaRose noted the project is in the Bartlett Brook overlay district, and they have had a favorable recommendation from the consultant. The project will also require a State discharge permit. Mr. Farrington asked for a copy of the calculations. Ms. Quimby moved to approve Final Plat Application #SD-07-35 of BDP Realty subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. Mr. Knudsen rejoined the Board. C5).Xublic Hearing: Preliminary Plat Application #SD-07-33 and Final Plat Application #SD-07-34 of Beaudin & Associates for a planned unit development to raze a single family dwelling with a building footprint of 1625 sq. ft. and replace it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% footprint increase, 5 Lyons Avenue: Mr. Cassidy said the only change is that this is now a PUD, and staff can recommend it in this format. Ms. LaRose said staff has no issues. Ms. Quimby moved to approve Preliminary Plat Application #SD-07-33 and Final Plat Application #SD-07-34 of Beaudin & Associates subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 6. Site Plan Application #SD-07-38 of Yun Poon for a 663 sq. ft. accessory residential unit, 60 Hinesburg Road: Mr. Behr noted staff recommends denial based on the fact that the unit is larger than allowed. There is also a question as to whether this is the primary residence of the applicant. Mr. Poon said he does live there, and the increase is only 30%. Ms. LaRose said the issue is habitable area. The basement is not finished, and even if it is finished, the increase is 35.9%. Mr. Poon said it won't be over 30%. Mr. Behr said the Board will need additional information. Ms. LaRose noted the voter registration card indicates the applicant has a different address. Mr. Poon said he sold the other house, and this is now his residence. Mr. Behr suggested the applicant work with staff to provide evidence of —his claims. Mr. Plumeau moved to continue the application until 10 July 2007. Ms. Quimby seconded. Motion passed unanimously. -3- SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 July 11, 2007 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Minutes - Cassidy Property Dear Mr. Beaudin: For your records, enclosed is a copy of the approved June 19, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 21, 2007 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Cassidy Dear Marcel: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on June 19, 2007 (effective 6/20/07). Please note the conditions of approval, including that the amended final plat plans must be recorded in the land records within 180 days (must be submitted & recorded by December 17, 2007) or this approval is null and void. If you have any questions, please contact me. Sincerely, Betsy Donough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7002 2030 0002 0650 6629 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 21, 2007 Richard Cassidy 5 Lyons Avenue South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Cassidy: 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 McDonough Planning & Zoning Assistant SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 15 MAY 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 15 May 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; R. Farley, G. Quimby, M. Birmingham, M. Behr, E. Knudsen, P. Plumeau Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; R. Cassidy, G. Rabideau, M. Beaudin, J. Ponsetto, V. Bolduc, L. Llewellyn, D. Dubonnet, B. & J. Dousevicz, A. Blair 1. Other Business: No issues were raised. 2. Review Minutes of 10 April and 17 April 2007: Ms. Quimby moved to approve the Minutes of 10 April as written. Mr. Farley seconded. Motion passed 5-0 with Messrs. Dinklage and Birmingham abstaining. Ms. Quimby moved to approve the Minutes of 17 April as written. Mr. Farley seconded. Motion passed 6-0 with Mr. Behr abstaining. 3. Continued Miscellaneous Application #MS-07-03 of Marcel Beaudin to raze a single family dwelling with a building footprint of 1625 sq. ft. and replace it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% footprint increase, 5 Lyons Avenue: Mr. Dinklage noted that the DRB met with the City Attorney who advised the Board that for a property to have frontage, it must be "useful frontage," 20 feet minimum. Given that, the Board could not approve this application. Mr. Cassidy noted that the Regs do not say the frontage must be "useful." He added that their frontage is useful for a footpath. He felt the Board had the authority to make another decision and asked them to do so. Mr. Dinklage said he thought this issue should be brought to the attention of the Planning Commission to make the Ordinance more specific. Mr. Cassidy asked if the Board consulted the City Attorney regarding the issue of an "existing structure." Mr. Belair said that exception cannot apply because a boundary line adjustment had been granted, so this is not the lot that was in effect on the required date. Mr. Cassidy stressed that all the Ordinance says is that the lot must have frontage on the -1- SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 15 MAY 2007 Road, and this lot does. Ms. Quimby moved to approve Miscellaneous application #MS-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 #SD-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 4SD-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 4SD-07-29 of Allen Road Land Company until 5 June 2007. Mr. Farley seconded. Motion passed unanimously. 7. 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- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 21, 2007 Richard Cassidy 5 Lyons Avenue South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Cassidy: 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 McDonough Planning & Zoning Assistant SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 June 6, 2007 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Minutes - Cassidy Dear Marcel: For your records, enclosed is a copy of the approved May 15, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy Mc onough Planning & Zoning Assistant Encl. SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 15 MAY 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 15 May 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; R. Farley, G. Quimby, M. Birmingham, M. Behr, E. Knudsen, P. Plumeau Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; R. Cassidy, G. Rabideau, M. Beaudin, J. Ponsetto, V. Bolduc, L. Llewellyn, D. Dubonnet, B. & J. Dousevicz, A. Blair 1. Other Business: No issues were raised. 2. Review Minutes of 10 April and 17 April 2007: Ms. Quimby moved to approve the Minutes of 10 April as written. Mr. Farley seconded. Motion passed 5-0 with Messrs. Dinklage and Birmingham abstaining. Ms. Quimby moved to approve the Minutes of 17 April as written. Mr. Farley seconded. Motion passed 6-0 with Mr. Behr abstaining. 3. Continued Miscellaneous Application #MS-07-03 of Marcel Beaudin to raze a single family dwelling with a building footprint of 1625 sq. ft. and replace it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% footprint increase, 5 Lyons Avenue: Mr. Dinklage noted that the DRB met with the City Attorney who advised the Board that for a property to have frontage, it must be "useful frontage," 20 feet minimum. Given that, the Board could not approve this application. Mr. Cassidy noted that the Regs do not say the frontage must be "useful." He added that their frontage is useful for a footpath. He felt the Board had the authority to make another decision and asked them to do so. Mr. Dinklage said he thought this issue should be brought to the attention of the Planning Commission to make the Ordinance more specific. Mr. Cassidy asked if the Board consulted the City Attorney regarding the issue of an "existing structure." Mr. Belair said that exception cannot apply because a boundary line adjustment had been granted, so this is not the lot that was in effect on the required date. Mr. Cassidy stressed that all the Ordinance says is that the lot must have frontage on the -1- SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD 15 MAY 2007 Road, and this lot does. Ms. Quimby moved to approve Miscellaneous application #MS-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 #SD-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 #SD-07-28 and Preliminary Plat Application #SD-07-29 of Allen Road Land Company until 5 June 2007. Mr. Farley seconded. Motion passed unanimously. 7. 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- with the U.S. Housing and Urban !guLations found 17, Vermont State ity has prepared for Fiscal Year !gins 10/l/2007). and supporting available for review the Vermont State rity located at One :, Montpelier, VT )urs of 9,00 a.m. Monday through y 28, 2007 through A public hearing Plan will be held 37 at 11:00 a.m. at he Vermont State rity located at One Montpelier, VT. Opportunity _RIFFS SALE OF Y HESE PRESENTS to an order of the )erior Court in the ! Wells Fargo Bank, :. Martel (docket no. a sheriff's sale of iescribed property e at the premises )'Brien Court in the :on at 10:00 a.m. on o be sold is de- )ws: the same lands and eyed to Joanne M. anty Deed of David .arol Brassard dated a82 and recorded it Page 242 of the )f the Town of Wit - is shown on a plan en Subdivision, Wil- t" Plan of Lot Dated 4. r particularly allows: Commenc- marked by an Iron southerly line of so-called, said point ortheast corner of ,ed herein and the ner of Lot 2A as Map; thence pro- legrees 09 minutes a distance 100.00 less, to a point Iron pin, said point orthwest corner veyed herein and corner of Lot 2C as I map; thence turn- : and proceeding 521 nutes 00 seconds W PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board wilt hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, June 19, 2007 at 7:30 P.M. to consider the following: 1. Preliminary plat application #SD-07-33 & final plat application #SD-07-34 of Marcel Beaudin for a planned unit development to raze a single family dwelling with a building footprint of 1625 sq. ft. and replacing it with a new single family dwelling with a building footprint of 1872 sq. ft. represent- ing a 15.2% footprint increase, 5 Lyons Ave. 2. Final plat application #SD- 07-35 of BDP Realty, LLC for a planned unit development consist- ing of eight (8) two (2) family dwellings (16 units), 61 IDX Drive. John Dinklage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hall. DON'T SEE A SUPPORT group here that meets your needs? Call Ver- mont 2-1-1, a program of United Way of Vermont. Within Vermont, that 2-1-1 or 866-652-4636 (toll - free) or from outside of Vermont, 802-652-4636. Monday -Friday, 8:30 a.m. - 4:30 p.m. STARTING A WOMEN'S GROUP: Ages 45+, to meet weekly for lunch and other activities such as walking, book discussions, museum visits, matinees, and etc. Email Katherine at MKR27609@aol.com. Huntington's Disease Support Group A monthly support group open to anyone with, at risk, or caring for someone with Hunting- ton's disease, and their family and friends. The group meets the sec- ond Thursday of each month from 6:00 pm to 7:30 pm at Fletcher Allen Health Care in Burlington. �R Show and tell. View and post up to 6 photos per ad online. 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. 802-527-7957. MEN'S GROUP FORMING: To read and discuss Warrin FarriLLs ground- breaking best setting 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 St., top of Church St., Burlington. Free. Contact Judy, regionldir@ cubirthparents.org, 800-822-2777 ext. 1, www.CUBirthparents.org. AL VALVE PROLAPSE/DYSAUTO- NOMIA: Group forming for informa- tion sharing purposes. Please call 863-3153. RAINWATER CENTER FOR HIGHER AWARENESS: At the Euro Cafe, Main St. Burlington, for inspirational movies, discussions and medita- tions on the spiritual path how- ever one defines it and speakers including various healing practices to life coaching to spiritual Lead - SEVEN DAYS I may 30-june 06, 2007 1 Open 24/7/365. Ext Post & browse ads �t�„ - The: at your convenience. ad 1! www.sevendaysvt.com (click on SURVIVORS OF SUICIDE (SOS): Have you experienced the impact of a loved one's suicide? Please consider joining us. The Burling- ton support group meets on the 2nd Wednesday of each month, 6:00 - 7:30 p.m. at the Unitarian Universalist Church, 152 Pearl St. Burlington. The meeting will be in the Susan B. Anthony Room, which is on the second floor at the back end of the building. This is not a therapy group; this is a support group. There is no fee. Please con- tact Cory Goud, M.A., Psychologist - Master, 802-223-4111. GIRL'S NIGHT OUT. Fun support group for single women, discus- sions, weekly activities (cooking, dancing, rock climbing...), child- care solutions. A great alternative to dating! Email hodzons4u@hot- maiLcom. DEBTORS ANON: 12-step recovery group. Do you have a problem with money and debt? We can help. Mondays, 7-8 p.m. First Methodist Church. Contact Brenda, 338-1170 or Cameron, 363-3747. OVEREATERS ANON:12-step recov- ery group. Is what you're eating, eating you? Tuesdays, 7-8 p.m. First Congregational Church, Rt. 15, Essex Jct. Contact 863-2655 for more info. NARCOTICS ANONYMOUS: A group of recovering addicts who live without the use of drugs. It costs nothing to be a member. The only requirement is a desire to stop using. For meeting info, call 802- 862-4516 or visit www.cvana.org. SUPPORT GROUP for Ex-Jehovah's Witnesses. A group for people who have left or are thinking about Leaving Jehovah's Witnesses, you're not alone. Angela, 598-2469. FIBROMYALGIA: Do you experience it? Would you like to be part of a support group? Contact: tobias- 25vt@yahoo.com or call 864-2613 box 423 to leave message. TOPS (Take Off Pounds Sensibly) Chapter Meeting. Bethany Church, 115 Main Street, Montpelier. Wednesdays, 5:15 - 6:15 p.m. For info call Linda at 476-8345 or De- nise at 223-257. BEREAVED PARENT SUPPORT GROUP: Every first Monday of the month at 6:30 p.m. in Enos - burg Falls, 10 Market Place, Main St. Parents, grandparents and adult siblings are welcomed. The hope is to hanin A rmmin—innata Friandc ALCOHOLICS ANONYMOUS, Big book text, Mondays, 8:30-9:30 a.m. Overeaters Anonymous, Tues- days, 2:30-3:30 p.m. Suvivors of Incest Anonymous, Wednesdays, 2:30-3:30 p.m. Al -Anon Family Group, Thursdays, 12:30-1:30 p.m. "I Love Me", an educational sup- port group on self care for suvivors of domestic and/or sexual violence. Mondays, 5:30-7 p.m. Call AWARE, 802-472-6463, 88 High Street, Hardwick. AUTISM SUPPORT DAILY: Free sup- port group for parents of children with autism. 600 Blair Park Road, Suite 940, Williston. 1st Mon- day of each month, 7-9 p.m. Call Lynn, 802-660-7240, or visit us at http://www.Autism5upportDaity. corn for more info. ARE YOU A CLOSET SINGER? Do you have a good voice (haven't made the dogs howl) but are afraid of fainting in public while perform- ing? Join a group to support, sing and perform in an intimate setting. 802-893-1819. BRAIN INJURY ASSOCIATION OF VERMONT. Montpelier daytime support group meets first and third Thursday of the month at the Uni- tarian Church "ramp entrance" from 1:30-2:30 p.m. Call helpline at 1- 877-856-1772. BRAIN INJURY ASSOCIATION OF VERMONT. Montpelier evening sup- port group meets the first Tuesday of each month at Vermont Protec- tion and Advocacy, 141 Main St. suite 7 in conference room #2 from 6-8 p.m. Call our helpline at 1- 877-856-1772. BRAIN INJURY ASSOCIATION OF VERMONT- St. Albans evening sup- port group meets the second Mon- day of each month at Northwest- ern Medical Center, 133 Fairfield Street from 6:30-8:30 p.m. Call our helpline at 1-877-856-1772. BRAIN INJURY ASSOCIATION OF VERMONT: Bennington day support group meets the first Friday of the month at Second Congregational Church, Hillside Street from 1-2 p.m. Call helpline at 1-877-856- 1772. OCO SUPPORT GROUP/THERAPY GROUP: Come share your experi- ence, get support from those who have been there, Learn about Ob- sessive Compulsive Disorder _and how to reduce its symptoms. Ther- apist facilitated. Weekly meetings, 802-343-8114. SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 May 16, 2007 Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Re: Minutes - Cassidy Project Dear Marcek: For your records, enclosed are copies of the approved minutes from the April 10, 2007 and April 17, 2007 Development Review Board meetings. If you have any questions, feel free to contact me. Sincerely, '�-B* j Betsy McDonough Planning & Zoning Assistant ICI CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 May 29, 2007 Richard & Rebecca Cassidy 5 Lyons Avenue South Burlington, VT 05403 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, (--6� Betsy McDonough Planning & Zoning Assistant Encl. cc: Marcel Beaudin CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 29, 2007 Mark Chaffee Lori Hayes 3 Lyons Avenue South Burlington, VT 05403 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, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 29, 2007 Gil McCann 7 Beachcrest Drive Burlington, VT 05401 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 sub 4ect 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, 1 Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 29, 2007 Fire District #1 c/o Sharon Behar 108 Central Avenue South Burlington, VT 05403 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. r6&A Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 29, 2007 Lee Atkins Janet & Bill Birnn Judy Lian 63 Central Avenue South Burlington, VT 05403 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, ��A f t�N 1` Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 May 29, 2007 Janet & Bill Birnn PO Box 158 Jericho, VT 05465 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, rBCKq t-u� - Betsy McDonough Planning & Zoning Assistant Encl. Permit Number SD-0 T J 3 CITY Or SOUTH BURLINGTON APPLICATION FOR PRELIMINARY SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone'and fax #) Richard 1t Rebecca Cassidy, 5 Lyons Avenue, 864.8144, fax 860.1565 2) LOCATION OF LAST RECORDED DEED (Book and page 3) APPLICANT (Name, mailing address, phone and fax #) Marcel Beaudin AIA, 1233 Shelburne Road, 862.9633, fax 862.0283 4) CONTACT PERSON (Name, mailing address, phone and fax #) Applicant 5) PROJECT STREET ADDRESS: 5 Lyons Avenue 6) TAX PARCEL ID # (can be obtained at Assessor's Office)_ 1080-00005 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use Residence (see attached site plan) b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Residence (see attached site plan) c) Total building square footage on property (proposed buildings and existing buildings to remain) 1840 sf d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 18 ft, 1 'JZ stories e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees): g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc.: 8) LOT COVERAGE a) Building: Existing % Proposed ;17.4 _% b) Overall (building, parking, outside storage, etc) Existing _% Proposed_ 30.8 _% c) Front yard (along each street) Existing _% Proposed % 9) COST ESTIMATES a) Building (including interior renovations): $ _ 3002000.00' b) Landscaping: $_ Existing c) Other site improvements (please list with cost): — Relocation of storm sewer (see site plan) $ 2,500 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 2 14) PLEASE LIST ABUTTING LANDOWNERS, INCLUDING THOSE ACROSS THE STREET. You may attach a separate sheet. Mark Chaffee &t Lori Hayes, 3 Lyons Avenue -- Gil McCann, 7 Beachcrest Dr., Burlington, VT 05401 (15 Lyons Ave) Fire District #1, Sharon Behar, 108 Central Ave. Lee Atkins, Janet Et BilllBBi Judy Lian, 63 Central Ave. 15) PLANS AND FEE L-7 O `� \ (7 �� (.P r, Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (11 " x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the application (see Exhibit A). 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. F-11 6-1,91 EWE , I 9 FAINN'WE Do not write below this line DATE OF SUBMISSION: 1512-1 1 01 I have reviewed this preliminary plat application and find it to be: Complete ❑ Incomplete 15�6— j �") Director o Planning & Zoning Designee Date Permit Number CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Richard It Rebecca Cassidy, 5 Lyons Avenue, 864.8144, fax 860.1565 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) — Marcel Beaudin AIA, 1233 Shelburne Road, 862.9633, fax 862.0283 4) CONTACT PERSON (Person who will receive all correspondence from Staff. Include name, address phone& fax #) — Applicant 5) PROJECT STREET ADDRESS — 5 Lyons Avenue 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1080-00005 7) DETAILED PROJECT DESCRIPTION a) Existing uses on Property (including description and size of each separate use) Residence (see attached site plan) b) Proposed uses on property (include description and size of each new use and existing uses to remain) Residence (see attached site plan) c) Total building square footage on property (proposed buildings and existing buildings to remain) 1840 sf d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine 18 ft, 1 1/2 stories e) Number of residential units (if applicable, new units and existing units to remain) f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) h) List any changes to the subdivision, such as property lines, number of units, lot mergers, etc. 8) WETLAND INFORMATION a) Are there any wetlands (Class I,11, or III) on the subject property? None b) If yes, is the proposed development encroaching into any of these wetlands or their associated 50' buffers? c) If yes, this project MUST be reviewed by the Natural Resources Committee prior to review by the Development Review Board. Please submit the following with this application: 1. a site specific wetland delineation of the entire property or a written statement that the applicant is relying on the City's Wetlands Map. 2. response to the criteria outlined in Section 12.02(E) of the Land Development Regulations (applicant is strongly encouraged to have a wetland expert respond to these criteria). 9) LOT COVERAGE (ALL information MUST be provided here, even if no change is proposed) a) Size of Parcel: 10,730 sf (acres /sq. ft.) b) Building Coverage: Existing _ 1,657 _square feet — 15 % Proposed _ 1,840 _square feet _,17.4 -- % c) Overall Coverage (building, parking, outside storage, etc): Existing _ 3,112 —square feet _ 29.9 _ % 2 Proposed _ 3,305 — square feet _ 30_8 _ % d) Front Yard Coverage(s) (commercial projects only): Existing square feet % Proposed square feet % 10) AREA DISTURBED DURING CONSTRUCTION: — 4, 000 —sq. ft. '* *Projects disturbing more than on -half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 11) WAIVERS REQUESTED a) List any waivers from the strict standards in the Land Development Regulations (e.g., setbacks, height, parking, etc.) that the applicant is seeking 12) COST ESTIMATES a) Building (including interior renovations) $ — 300, 000.00 b) Landscaping (see Section 13.06(G) of the Land Development Regulations) $ _ Existing c) Other site improvements (please list with cost) Relocation of storm sewer (see site plan) $ 2,500 13) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out) b) A.M. Peak hour for entire property (in and out) c) P.M. Peak hour for entire property (In and out) 14) PEAK HOURS OF OPERATION 15) PEAK DAYS OF OPERATION 16) ESTIMATED PROJECT COMPLETION DATE 3 17) ABUTTING LANDOWNERS — please list abutting landowners, including those across any streets. You may attach a separate sheet. Mark Chaffee a Lori Hayes, 3 Lyons Avenue Gil McCann, 7 Beachcrest Dr., Burlington, VT 05401 (15 Lyons Ave) Fire District #1, Sharon Behar, 108 Central Ave. Lee Atkins, Janet bill Win, Judy Lian, 63 Central Ave. " Vb �51 1 � -0��C 16) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting the final plat application (see Exhibit A). 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. VNINI OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION. Z I.JT I have reviewed this preliminary plat application and find it to be: Complete Director of Plai ❑ Incomplete & Zoning or 4 S- Gil, GJ Date k TRANSMITTAL TO: Ray Belair Zoning Administrator Southy Burlington, Vermont FROM: BEAUDIN and ASSOCIATES, inc. Architects, Planners, Interior Design 1233 Shelburne Road, E1 South Burlington, VT 05403 802 862 9633, fax 802 862 0283 Beaudin C Comcast. Net # of pages (inc. this page): SUBJECT: Cassidy residence 5 Lyons Avenue South Burlington Attached are the following: 1) Application for Preliminary Subdivision Plat Review 2) Application for Final Subdivision Plat review 3) Checks (two for $510) for Application Fees 4) Five copies of Site Plan (Sheet S1, 11 May 2007, 36 x 24) 5) One copy of above (Item 4), 11 x17 6) Five Copies of Surveyors plat (two pages, 6 June 2003, 24 x18) 7) One copy of above (1 tem 6), 11 x 17 Marcel Beaudin AIA Applicant for Richard and Rebecca Cassidy Marcel Beaudin CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 14, 2007 Marcel Beaudin 1233 Shelburne Road. South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: 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 June 19, 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, 4AY pth Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: June 8, 2007 \drb\sub\beaudin\beaudin_prelim_final.doc Application received: May 21, 2007 PRELIMINARY PLAT APPLICATION #SD-07-33 FINAL PLAT APPLICATION #SD-07-34 5 LYONS AVENUE Meeting Date: June 19, 2007 Agenda # 5 Owner/Applicant Property Information Richard & Rebecca Cassidy Tax Parcel 1080-00005 5 Lyons Avenue Queen City Park Neighborhood South Burlington, VT 05403 Floodplain Overlay District Applicant Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. 1 PROJECT DESCRIPTION Marcel Beaudin, hereinafter referred to as the applicant, is seeking preliminary and final plat approval for a for a planned unit development consisting of constructing a new single family dwelling, 5 Lyons Ave. COMMENTS Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on May 21, 2007 and have the following comments. Table 1. Dimensional Requirements CP Zoning District Required Pro osed Min. Lot Size 7,500 SF 10,730SF Max. Building Coverage 20% 17.4% Max. Overall Coverage 40% 30.8% 4 Min. Front Setback 10 ft. 8 ft Min. Side Setback 5 ft. 5 ft. Min. Rear Setback 10 ft. >10 ft, zoning compliance + waiver required The applicant is requesting a front yard setback waiver of two (2) feet. Staff supports this request. 1. The Board grants a front yard setback waiver of two (2) feet. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. As the use will remain the same with a relatively minimal increase in size, staff does not find that the South Burlington Water Department need review the plans. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Again, staff does not find that this application warrants a review of this criterion. 2 Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted a sufficient grading and erosion control plan. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. There will be no increase in traffic as there is no change in use. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. This property is located along Lake Champlain and within the Queen City Park zoning district. Comments relating to this location are included below in other sections of this staff report. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. This project conforms to the planned development patterns in the area. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to this property. The Queen City Park district is noted for its small lots and dense use. Contiguous open space areas are not a primary concern in this area. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Staff does not find that this project warrants review by the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Staff does not find that this project need extend services or infrastructure to adjacent landowners. Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. I 3. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project is consistent with the South Burlington Comprehensive Plan for reasons already stated, including the planned use and density of the QCP zoning district. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Queen City Park Zoning District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods. " The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. 11 (d) Bylaws in effect. Staff has already noted its concerns about the dimensional standards of the zoning district. The appropriate setbacks have not been met. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front building. However, given that the nature of the project as a single- family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories and 18 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. Staff has already stated that all utility lines shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has submitted sufficient building elevations. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted sufficient building elevations. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. 6) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: 0 a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed structure is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan. The plans contain notes for erosion control measures on the adjoining properties. Given the dense nature of the area, this is not unusual. Furthermore, the applicant has submitted letters from the adjoining property owners establishing consent. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the Development Review Board approve Preliminary Plat application #SD-07-33 and Final Plat application #SD-07-34. Resiaectfully submitted, ',') Ad M. -P Cathya LaRose, Associate Planner Copy to: Marcel Beaudin, applicant Richard and Rebecca Cassidy, property owners 7 c . SITE ENGINEE 4\ C \ �. ` civil ENGINEERING ASSOCIA7E5. INC- P.O. BOr96 SHELELBURNE, V7 05M �y \ \ _ amreweT rocs - Au. moxts xeessveo Jso - \CRICKED LEGEND ELM b \ W n . \.� 1 ;" — — —336— — — EXISTING CONTOUR JLM z 336 PROPOSED CONTOUR �1 011NHR• ; -- _ McCANN - — APPROXIMATE PROPERTY UNE 71NCA SETBACK LINE BASINITO BE _ RICHARD T. & C RELOC�TED _ ® IRON PIN FOUND pC T. EXISTI G ORIVE - —_ - — -- - - REBECCA B. 1 TO B RELOCATED —"'EXISTING= -- y HOUSE • CAPPED REBAR FOUND INSTALL EROSION - — .. CASSIDI CONTROL MATTING ON _�_ .. ALL DISTURBED AREAS CONCRETE MONUMENT HAY BA INLET' �1NTH SLOPES >1:3 LL��"' {b PROJECT BENCHMARk (SEE NOTE 2) ,PROT�EECTI.ON "` �� SEE,'SHEET C3- " FOORR DE7TAIL - � PR07 r 'TRAVERSE POINT ECT /! ALL DISTURBED AREAS • . . / (SEE SHEET 03 FOR — —OE — — OVERHEAD ELECTRIC —`-- \\ -. ,`. �4 yI/ \.: H T t 3' •� ` , / , APPLICATION RATES) N. t✓ — -ST STORM DRAINAGE UNE PROPOSED \ / as?� ® PROPANE GAS TANK RESIDENCE aq me / rw u O ' INSTALL SILT FENCE �"�" �""'' � POWER POLE ' PRIOR TO CONSTRUGTON -r O AND MAINTAIN UNTIL SITC CATCH BASIN PUM P NSTATION - IS STABILIZED (SEE _` SHEET, C3 FOR DETAIL) \ ✓/ R _ l' I 1, , 7 /l - 'I LIGHT POLE LYONS / AVENUE EXISTING STE-PS TO \ Y.. � I l � 1 / / � ,1 / l a DECIDUOUS TREE SOUTH BURLINGTON BE REMOVED `:, e / l ,,¢ / l I l •'' VERMONT 1 t T / / 7 / 'l J CONIFEROUS TREE .LOAM. SEED k MULCH EXISTING— `\ : '/ $ / / +q or / SS & /. / / ALL DISNRBED AREAS „' ' ' � SF e ,�. I / , � � / / V HOUSE I t L,, ,.,,. r / , / EDGE OF BRUSH OODS . (SEE SHEET C3 FOR � - �, � • S • . � i / %' / APPUCA71ON RATES)"��.. t �'h- •' PORTION OF 1' 1/ /. / / '}r / —K K.. ''FE+E _ �....� _ I I ... r / I. I' I' I I I I f / .� DECK TO BE ' REMOVED f — i I I I I I / SILT FENCE LIMITS OF DISTURBANCE moron �la� WELLIAMS \\ \ �/ — / 1 1 / PROPOSED HOUSE1872 SF WDER- lot FFE-120.75 GARAGE FFE-1120.00 OUND PROPANE TANK / j p e ' I I 4 ,:;" __ .. / C vJ / / / /. EX. ABOVE GRWNO .. \ /. ✓� % /I f "' rY 'u '�`:s n �, wl.Ju�..'.._ _ .' I /' / / / , / / - PROPANE TANK PROJECT ,! 7 LOCATION. MAP MA I'-20W \, .�, �" \ \ .. \ I I , / !' / / s•)k« �/ r / %.O`,� �of S0.. J/2o/o'Y JSG REV. PROP. BLDG. & EC PLAN EXISTING' DECK \ ��, .+� // - / l 1 , / / .. urfina7t0%i REMAIN) / / / // / , / / / FIRE NOTES \ DISTRICT #1 /l ' \ \ \ GN \ / v I k' a / / / ./ 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. / Existing utility locations ore approximate only. The Contractor -A\ \\ \\ \ \� / P / I shall field verify ail utility conflicts. All discrepancies shall be • \ \B \ \ \ "�� I 1 1 > reported to the Engineer. The Contractor shall contact Dig Safe (866-344-7233) prior to any construction. SITE PLAN & 2. The benchmark of 127:85' Is located on the threshold of the . let floor of the front entronce subject building and Is based \\ �. a• _ upon a Lake Champlain water elevation o4 98.38' as reported EROSION , y " 3 by i the King Steet Ferry Doak on Jan. 12th, 2005. CONTROL \ \\ \ \ \ INSTALL SILT FENCE' The plan Is not a boundory survey and Is not Intended to LAKE \ \ \ /� PRIOR TO CONSTRUGTON - be used as one. CHAMPLAIN \ \ \ ) AND MAINTAIN UNTIL SITE - i, 4. Property line information to based on a plan entitled "Plat \ ` \ IS STABILIZED (SEE GRAPHIC SCALE Showing Survey and Boundary Cassidy*, prepared Between Button Use SHEET C3 FOR DETAIL) ,o � o e m ,o of Rictiard T. &Rebecca B. Cassidy", prepared by Button \ \ Professional Land Surveyors, P.C., dated 10-22-03. -AAT6 nRnlnnc MROER Monumentation found was consistent with the recorded plat. REVISED \\ -+ ATKINS ( IN FEET. ). _ 5. This property Iles in the Queen City Park Zoning District. 11 May 2007 \ \ I IDofi - 10 ft. 60AUS PROD. NO. \ 05104 DEVELOPMENT REVIEW BOARD 10 APRIL 2007 Ms. Quimby moved to approve the Consent Agenda as presented. Mr. Farley seconded. Motion passed unanimously. 4. Public Hearing: Final Plat Application #SD-07-16 of City of Burlington/Bur- lington International Airport for re -approval of a three -lot subdivision consisting of a 62,172 sq. ft. lot (lot A), a 3212 sq. ft. lot (lot B), and the remaining Airport property, Aviation Avenue: Mr. McEwing explained that the are leasing land to a Burlington Community group. This is a re -approval of a previously approved plan which they did not file in time. There are no changes from the original plan. Ms. Quimby moved to approve Final Plat Application #SD-07-16 of City of Burlington /Burlington International Airport subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5 Miscellaneous Application #MS-07-03 of Marcel Beaudin to raze a single family dwelling with a building footprint of 1625 sq. ft. and replace it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% footprint increase, 5 Lyons Avenue: Mr. Beaudin explained that they propose to reduce the building to a story -and -a half in order to respect the views of the neighbor. Mr. Behr noted that the sticking point is the front setback. Mr. Belair explained that the proposed retaining wall goes right to the property line, and it has to be 5 feet away. Part of the disagreement regards frontage. Staff feels that this lot has 1-1 /2 feet of frontage on Lyons Avenue, so they are treating it as having no frontage. The setback is therefore based on the right-of-way. Mr. Beaudin provided elevations for the Board showing what the house would look like from the lake. He said they would be a good 50 feet from the road and would actually be further from Lyons Avenue than they are presently. Mr. Cassidy, owner of the property, said he traded land with a neighbor who gave them a "use easement." He said they believe the lot has frontage, and that's how the deeds are drawn. Mr. Belair said that unless the City Attorney disagrees with staff and agrees with Mr. Cassidy, he could not issue a zoning permit. nor Cassidy said the neighbors have all signed letters that they have no issues with .�.. temporary use of the property for erosion control Mr. Behr asked if the building could be moved 2 feet further back in order to conform. Mr. Beaudin said it can't because the soil is not good enough. -2- DEVELOPMENT REVIEW BOARD 10 APRIL 2007 Mr. Belair suggested that Mr. Cassidy put his explanation in writing to the City Attorney. Ms. Qumby moved to continue Miscellaneous Application #MS-07-03 of Marcel Beaudin until 17 April 2007. Mr. Farley seconded. Motion passed unanimously. 6. Public Hearing: Conditional Use Application #CU-07-02 of Platt Realty, LLC, seeking approval for a 24-foot high telecommunications tower and antenna, 4049 Williston Road and 7. Site Plan Application #SP-07-11 of Platt Realty, LLC, to amend a previously approved 12,800 sq. ft. building consisting of multiple uses for a multiple number of tenants. The amendment consists of adding a 24-foot high telecommunications tower and antenna, 4049 Williston Road: Mr. Platt said there is a radio station in the building. They want to put an antenna on the tower. This won't be visible from Williston Rd. Mr. Belair said staff has no issues with the proposal. Ms. Quimby moved to approve Conditional Use Application 4CU-07-02 and Site Plan Application 4SP-07-11 of Platt Realty, LLC, subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 8. Public Hearing: Final Plat Application #SD-07-17 of Allen Road Land Company for re -approval to amend a previously approved 44-unit planned unit development. The amendment consists of: 1) enlarging the PUD by 5.5 acres, and 2) constructing tow 31-unit multi -family dwellings on the 5.5 acres, 150 Allen Road: Mr. Plumeau advised that his firm does business with Mr. Larkin's firm. He said he had no conflict on this project. Mr. Llewellyn said the plan was approved last September and no changes are proposed. They have gone through the Act 250 process. He showed the location of the proposed new buildings. They will utilize public water and sewer. Mr. Behr noted that regulations say the parking lots should be on the side or in the rear. The only exception would be if this is "not practical." Mr. Llewellyn said the project was approved this way. The front lot serves the front of Building "B." It was felt that this would result in less intrusion of car lights at night. Mr. Belair noted that the parking lot is closer to the road than the building would have to be under the setback requirements. He felt there can be mitigating devices for the -3- (:as!�( 6(4� DEVELOPMENT REVIEW BOARD 17 APRIL 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 17 April 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; P. Plumeau, E. Knudsen, G. Quimby, R. Farley, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; K. & G. O'Brien, J. Rowley, A. Blair, S. Dooley, R. Reichel, S. McClellan, E. Deslauriers, E. Lowder, C. Scott, P. & D. Allison, G. Milot, B. Grabowki, D. Healy, V. Bolduc, D. Marshall, M. Dufresne, B. Bal, J. Metosky, R. Larson, T. Dowhan, C. Ward, G. Rabideau, J. Jewitt, L. Llewellyn, S. Vock I. Other Business: No issues were raised. 2. Minutes of 6 March 2007: Ms. Quimby moved to approve the Minutes of 6 March 2007 as written. Mr. Farley seconded. Motion passed unanimously. 3. Continued Miscellaneous Application #MS-07-03 of Marcel Beaudin to raze a single family dwelling with a building footprint of 1625 sq. ft. and replacing it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% increase, 5 Lyons Avenue: Mr. Belair advised that this application was continued in order to get an opinion from the City Attorney. The City Attorney has not had enough time to do this, so the applicant has asked for a continuance. Ms. Quimby moved to continue Miscellaneous Application #MS-07-03 of Marcel Beaudin until 1 May 2007. Mr. Farley seconded. Motion passed unanimously. 4. Public Hearing: Final Plat Application #SD-07-19 of Lund Family Center for a re -approval to amend a planned unit development consisting of 210 residential units, a 61-room hotel, a 20,000 sq. ft. movie theater building (1000 seats), a 22,500 sq. ft. restaurant/medical office/personal instruction school, a 3500 sq. ft. restaurant with drive -through service, and a bank with drive through service. The amendment consists of: 1) establishing 2952 sq. ft. of day care facility use (28 children maximum) and 2) reducing the square footage of personal instruction use from 2150 to 1914 sq. ft., 7 Fayette Road: -1- I " SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (8o2)846-4io6 June 21, 2007 Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Re: Minutes - Cassidy Dear Marcel: For your records, enclosed is a copy of the approved May 1, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Bets Donough Planning & Zoning Assistant Encl. � 1 SOUTH BUlv_ANGTON DEVELOPMENT REVIEW BOARD 1 MAY 2007 The South Burlington Development Review Board held a regular meeting on Tuesday, 1 May 2007, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Dinklage, Chair; E. Knudsen, G. Quimby, R. Farley, M. Birmingham Also Present: R. Belair, Administrative Officer; C. LaRose, Associate Planner; S. McClellan, R.Cassidy, M. Beaudin, E. Deslauriers, M. Dufresne, T. Duff, N. Nowlan, J. Carroll, S. Vock, B. Lewis, D. Marshall, R. Schmucker, B. Simendinger, C. & J. Smullen, M. Wulfson, B. Dailey, E. D. Crane, J. Eustis, A. Shields, K. Spillane 1. Other Business: No issues were raised. 2. Continued Miscellaneous Application #MS-07-03 of Marcel Beaudin to raze a single family dwelling with a building footprint of 1625 sq. ft. and replace it with a new single family dwelling with a building footprint of 1872 sq. ft. representing a 15.2% footprint increase, 5 Lyons Avenue: Mr. Birmingham said that since he was not at the first meeting when this was heard, he could not vote. Mr. Belair said he had heard from the City Attorney who agrees with staff that the house does not meet the front setback requirement of 10 feet. Mr. Cassidy, owner of the property, said he was disappointed and puzzled. He said there is no requirement in the Ordinance that says any particular frontage is required, and the law says that anything that is not specifically prohibited is permitted. Mr. Cassidy added that there is another avenue of relief in Section 3, the Exception to Lot Coverage to Lots Existing Since 2/28/74. With respect to the front setback, this section says it can encroach into the front setback leaving no less than 5 feet. This would be 8 feet. Mr. Belair said this lot has been modified twice, so the lot is not the same as what existed on 2/28/74. That is the test staff uses. Mr. Belair said there is another issue in that the retaining wall does not meet the setback. Mr. Beaudin said he had revised drawings which address that issue. Mr. Dinklage asked whether the issue of the modified lot has been discussed with the City Attorney. Mr. Belair said it has not. Mr. Cassidy said that before the boundary line existed, they had a wider frontage on a SOUTH BUKiINGTON DEVELOPMENT REVIEW BOARD 1 MAY 2007 Public highway. They traded with a neighbor to create the lot seen on this plan. Mr. Cassidy stressed that they were aware of the frontage requirement, which is why they kept a small piece of it. Mr. Belair said that staff considers the "front" to be where the right-of-way abuts the property line. Mr. Cassidy said they would use that one foot of frontage as the edge of their driveway. Mr. Belair said the applicant would have to reapply under the "exception" cited by Mr. Cassidy. Members felt they would like to discuss this issue with the City Attorney and suggested a meeting with her on 8 May, 7:30 p.m. Ms. Quimby then moved to continue Miscellaneous Application #MS-07-03 until 15 May 2007. Mr. Farley seconded. Motion passed unanimously. 3. Public Hearing: Continued Final Plat Application #SD-07-18 of Cupola Golf Course, Inc., to amend a previously approved planned unit development consisting of three 32-unit multi -family dwellings. The amendment consists of developing QHC Lot 91 (4.53 acres) with: 1) two 32-unit multi -family dwellings, 2) a 40-unit congregate care housing facility, and 3) the existing indoor and outdoor recreational facility to be converted to a community building for the complex residents in the future, Quarry Hill Road: Mr. McClellan said the met with the Fire Chief and City Arborist and worked out the planting issue. Mr. Belair clarifies that the word "complex" means the entire PUD. Ms. Quimby moved to approve Final Plat Application #SD-07-18 of Cupola Golf Course, Inc., subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 4. Miscellaneous Application #MS-07-04 of Brian Lewis to allow a 12'x15' addition to a single family dwelling to exceed the height limit of the Spear Street -Ridge View Protections Zone by 1.85 feet, 15 Brownell Way: Mr. Belair noted the existing house is at 345.07. The maximum allowed is 343,22. The house with the addition will not get any higher than it is today. Ms. Quimby moved to approve Miscellaneous Application #MS-07-04 of Brian Lewis subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 5. Sketch Plan Application #SD-07-26 of 518 Corporation for a planned unit development to amend a previously approved plan for a 24,749 sq. ft. retail -2- .I I I i I 3 I I I �io 1.58' CALCULATED �( CORNER (IN PAVEMENT �I I I I I 1 i I Tat a l\ \\ STORM � DRAIN \s�� • "� �,� N76 55'50'E 17 McCANN 0l� Al 1 605, 5 1 112'I PIPE AT BAY OF BANK J s+� C \ h % 1 5 • / / BOORIGWLLKirc��olw SIOWWWANCE. o'A ,ram p WILLIAMS oo. V G 7 g� D� LEGEND WOODEN ♦ CALCULATED POINT DECK p IRON PIN OR PIPE FDLWO • IRDN PIN SET OR TO BE SET O CONCRETE BOUNDARY MARKER FOUND o UTILITY POLE uNW OVERHEAD WIRES ----- RIGHT OF WAY DR EASEMENT LINE -- -- x x - FENCE COMPILED AND PREPARED BY BUTTON PROFESSIONAL LAND SURVEYORS, P. C. LAND SURVEYORS - BOUNDARY CONSULTANTS 20 KIMBALL AVENUE SOUTH BURLINGTON, VERMONT D5403 (802) 863-1812 TOLL FREE (800) 570-0685 R GRAPHIC SCALE 10 0 10 20 30 40 s F E oo' oj5 j `'/" � 550 E "B'/4E% N 5N 6A y/ \ CASSID Y GRASS ((� , 5 5 /• �. O 10 A22B0VE &ZrStUVXNOMN / ob. ORION. vwNOWJ SIOW!/CANCE. / "A YY 7�SG� 2 cn o ar 6n (: �/ i vl \7 'A T� / 1'1 4 BURLINGTON SOUTH BURLINGT Z LYOVS ANC. t[M G7Y PART ,r 4 AppVyy[�5LMf p SITE W� Lo F� LOCUS NOTES 1. BEARINGS SHOW HERCON ARE ORIENTED TO A SINGLE MAGHERC OBSERVATION, MAROI 21. 2000 2. IRON PIN BOUNDARY YMKCRS SIOMN HEREON AS 'SET' OR "TO BE SET; ARE 5/1" DIAMETER R(#r0fOWG STEEL, 40" LOVO CROWKD WTH A YELLOW PLASTIC CAP. 3 THE CITY LY SOUTH BURLINGTON HAS FEf 7171E TO THE PROPERTY ENKLO^WG NPROWACN75 KNOW AS YYONS AKANIE EXTENSKN'. NO REPAESENIANON IS MADE RELATIVE TO ITS STATUS AS A PUBLIC NON7--W-444Y. 4. SLARVEY WEINODS fMPLOKD AND THE RESUCTWG ERROR 4, OOSIWE/PREOSDN RATIO MEET OR ENOEfO NBYYIULI PREOSO/ REOUREVOWS FOR WAN SURVEYS, AS OUllWD N -STANDARDS FOR THE PRACIILE Of LAND SLRWMC-. ADOPTED BY rW KRUOVT BOARD OF LAND SIAYKYORS EFFECTIVE 0C7OBER 11, IBDD. 5. REFERENCE IS MADE TO A PRENOUSGY RECORDED PLAT ENTITLED. PLAT SIOWNG SURVEY OF PROPERTY OF RICHARD T. AND REBECCA B. CASSIO'Y, HAROLD G MCCANN AND RONALD L. k JEAN PEPN. ff. 43 ! /5 1YO45 AKA" CXIENSCA4 QUEEN OTY PARK. SOUTH BLRUNCTON, VERMONT PREPARED BY BUTTON ASSOCIATES DATED 4-17-00, AND RECORDED AT THE OTY OF SOWTH BWRUNG100V LAND RECORDS 6. REFERENCE IS ALSO MADE TO SURVEYS BY ARTHUR N HO G, £NUILED WOPYNERN SEClIOV, QUEEN ON PARIP AND •CENMAL SECDW, "EN CITY PARK. DATED VNE 31 (SC), 1947 (SEC ENVELOPE, NS" BACK COVER OF NYUW 24) 7 ME PARCEL LABELED "WLLMMS. HEREON MAY HAVE BENEFIT Or A RIONT-DIY-WAY OVER INC 7' WOE $7RP OF LAND (PMCEI 6) L77NG BEYNCEN CASSIDY AND "VCCANN'. SEE OIEESEAMAN 70 OUWET (NOILAVE BB PAGE 105A B PARCELS LABELED 'CASSIDY I' AND 'WUMLMS" HEREON ARE SUBJECT TO A PERPETUAL EASEMENT TO W CITY OF SOUTH BURLINGTON FOR NSTALLATIOV AND MAWITNANCE Of DRANALE AND SEWR APES SEE ACPW TO CITY, IDLLAW 104, PAC{ 121 AND OCESEMAN TO CITY. K'AUVAE 102, PAGE 377. B. MUWCIPAL WATER SERIVE IS PROKPfD TO THESE PARCELS NA TOO PPELOIES ENTERING TIC CASSIDY PARCEL HEAR ITS EASTERLY fND AND PROCEEDWG ALONG OR NEAR THE 7' WDE S7RIP REFERENCED N NOTE 7. ' ICI CURRENT DEED REFERENCES TO THE SLWXCT PROPERTIES ARE: PEPN TO CASSIDY VOL" 46A PAGE 32B AL"Y MCCAAN TO HAROLD McCANN. VOLUME 179. PAGE 491, PEPIN TO KDA&IS VaUW 47S PACE 1S& OUEEN CITY PARK ASSOCIATION TO FNE DISTRICT /1, VOLUME 24,, PACE T63 11. BECAUSE THIS BOUNDARY LINE ADAISTUENT OOPS N07 CREATE ANY [NORCNCNM£NT or THE SETBAOYS IMPOSED BY THE CITY or SOUTH BLRLMG7OV'S EONNG ORDNANCE, AND DOES NOT RESULT N A NEI CHANCE IN AREA a- THE THREE (3) PARCELS INVOLVED, NO APPROVAL OF THE SOUTH BURLWCTW DEVELOPMENT REVIEW BOARD IS REOWRED. (TIES STAIEWNT PROW= BY CLIENT'S LEGAL COUNSEL) 12. THIS BOUNDARY LNE ADA/SIMENT HAS BEEN DETERMINED TO OUALFY FOR THE [XEMPTAU.' LOUDER R I-409,X12) OF INC ENWIPNMEN7AL PROIECTION RULES HELD EFTECnW AUGUST 141 2002. (INS STAI£M w PRONGED BY aAENTS LEGAL COUNSEL) / -2 AREA ADJUSTMENTS D D hQ�0 Al "A" - 168 S. F. CASSIDY TO FIRE DISTRICT #1 �A]1faR ,L10 0 "B" - 276 S.F. FIRE DISTRICT #1 TO CASSIDY "C" - 208. 5 S.F. McCANN TO CASSIDY R£CORD£D IN BOOK PAGE fs�pR - 2 ��a "D" - 208.5 S.F. CASSIDY TO McCANN AT{E- ns. "E" = 13 S F FIRE DISTRICT #1 O CASSIDY ,��---' "F" - 121 S.F. CASSIDY TO FIR 1 Y. Z HJ,qy Z � Orr BETWEEN PLAT SHOWING YPROPERTIESBOUNDARY OF City O f S li ADJUSTMENTS RICHARD & REBECCA B. �• Bllryin T. CASSID Y, 7- 1 4 gi ,. ,? 16" BEECH TREE AND AND , FIRE DISTRICT #1 HAROLD G. ` o.....rf�,, MC CANN V I AIFORMATI CW SHOWJ HEREON IS GENERAL Y CONS/ Sr£NT W TN `-' ABSTRACTED DEED, 1 NT£RVI f WS W TH ADJACENT LAND-0NNERS AND #3 & #5 L YONS AVENUE EX TENSION P£RTI NENT PHYSI CAL EVI DENCE. AND CONFORA45 W TH THE REOUI REMENTS "'QUEEN CITY PARK" s£cn oNs II01 rr1Ru 1404n n , of E 27 V. S. A. , TO THE BEST of SOUTH BURLINGTON, VERMONT MY KNONL EDGE AND BEL I £F. I� ZZ •03 SCALE: I" e 70' PROD. NO.: 037005 VAU N C. BUTTON, L. S. 415 DRAWN SY.,V.C.B. DATE: 6-23-03 / ouPOL O� . i \ G STORY Q� �p,� � CALCU.ATED J PAVEY/tNE / 11 cac a EDn I \3 p0 �ARA PAVEMENT f*lA Ti In 4" X 4' CONCRETE Erpao BOUNDARY MARKER WITH CENTER DIMPLE cNAx+-LPM v FENCE FOUND 2 A.G. 6' NORTHERLY CH��A�IIN ggO//F�� £VIvsro DENCECCALLSCFOR` 'EPON P/PE7 s i+' \ 6 Q O, p� 4� i 1112- 1 PIPE FOUND 2� FLUSH WITH GROUND s \ / O O J aNII WOODEN �j 0 o� 4- X 4' CONCRETE BOUNDARY MARKER MTH 3/8' REBAR CENTER, FOUND e' B.G. SEE s � D� NOTE go 6 4 14 0 00, J pie QUEEN CITY PARK ASSOCIATION 00 I L/2' = A r BASE OF RAW All 1B' ABOVE GRADE. LRX-NN G%GN. 14WNOWN SrAMANCE. •`* L 1/2' LPPE ON SLOPE .sue A)" ABOVE GRADE GROWWN ORtlM UNKNOWN SLGNFLCANCE. 7.00' S 47°44'00' E LsaE Nor a P .O O g�ti � � Gtiti� Av a AS$ I112'SOUARE AXLE ROD TEAR FENCE. U'S W. SOL*CE NO APPARENT S AFXANCE REaLAAY of Wo W4TAL POEM W IEECH MCE WJM WAW FENCE N AND W r BIOL% SEAWALL £ � A YA sJ LEGEND CALCULATED POINT IRON PIN OR PIPE FOUND 0 IRON PIN SET OR TO BE SET ■ CONCRETE BOUNDARY MARKER FOUND Ura ITY POLE t ONW OVERHEAD WIRES RIGHT OF WAY OR EASEMENT LINE -- x x- FENCE SET LPIN (SEE NOTE 2) AT DEEDED CORNER 1V 0 77 _" as -Locus I BEARINGS SHOWN HEREON ARE ORIENTED TO A SINGLE MAGNETIC OBSERVATION. MARCH 21 2000. 2. RON PIN BOUNDARY MARKERS SHOWN HEREON AS SET" OR 'TO BE SET'. ARE 518' DIAMETER REINFORCING STEEL. 40' LONG. CROWNED WITH A YELLOW PLASTIC CAP. J. THE CITY OF SOUTH BLRLNGTON HAS FEE TITLE TO THE PROPERTY ENVELOPING IMPROVEMENTS KNOWN AS IYONS AVENUE EXTENSION. NO REPRESENTATION IS MADE RELATIVE TO ITS STATUS AS A PUBLIC RIGHT-OF-WAY. 4. SURVEY METHODS EMPLOYED AND THE RESULTING ERROR OF CLOSURE/PRECISION RATIO. MEET OR EXCEED MINIMUM PRECISION REOUREMENTS FOR URBAN SURVEYS AS OUTLINED IN STANDARDS FOR THE PRACTICE OF LAND SURVEYNG. ADOPTED BY THE VERMONT BOARD OF LAND SURVEYORS. EFFECTIVE OCTOBER A 1999. 5, PREDECESSORS IN TITLE TO PEPkV. MAY HAVE ACQUIRED RIGHT OF ACCESS ACROSS ALL OR A PORTION OF THE 13' WIDE PARCEL LABELED 'CASSIDY 2. HEREON. (SEE QUEEN CITY PARK ASSOC/A TION TO SPAULDING VOLUME 24. PAGE 21 6. REFERENCE IS MADE TO SURVEYS BY ARTHUR M. HOAG ENTITLED 'NORTHERN SECTION. OUEEN CITY PARK' AND -CENTRAL SECTION. QUEEN CITY PARK. DATED JUNE 31 (SIC). 1947. (SEE ENVELOPE NSVE BACK COVER OF VOLUME 24) 7. THE PARCEL LABELED PEPIN: HEREON HAS BENEFIT OF A RIGHT-OF-WAY OVER THE 7' WINE STRIP OV LAND LYING BETWEEN 'CASSIDY F AND 7*CANN' SEE CHEESEMAN TO OUIMET (VOLUME BB. PAGE K)6). TITLE TO THIS STRIP APPEARS TO LE WITH QUEEN CITY PARK ASSOCIATION (NOW FIRE DISTRICT NUMBER ONE) 8. PARCELS LABELED 'CASSNY T AND CASSIDY 2' ARE CONNECTED VIA A RIGHT-OF-WAY ACROSS THE WESTERLY PORTION OF THE 7' WIDE STRIP REFERENCED IN NOTE 7. SEE QUEEN CITY PARK ASSOCIA THIN TO R. SHRANKLE VOLUME 24. PAGE 36. 9. PARCELS LABELED 'CASSIDY I' AND `PEPIN' HEREON ARE SUBJECT TO.A PERPETUAL EASEMENT TO THE CITY OF SOUTH BIIRLINGTON FOR INSTALLATION AND MAINTENANCE OF DRAINAGE AND SEWER PIPES SEE PEPIN TO CITY VOLUME 104. PAGE 123. 10. THE HOAG SURVEY REFERENCED N NOTE 6. CONTANS MATHEMATICAL ERRORS. THE PARCEL NOW OWNED BY MCCANN CONTAINS A DIVE DEGREE MISCLOSLRE, THE ERROR HAS BEEN ASSIGNED AT THE NORTHERLYMOST CORNER OF THE PARCEL. THIS SOLUTION CREATES THE LEAST DISTURBANCE AND MOST CLOSELY MATCHES FEATURES AND RECOVERED BOUNDARY MONUMENTATION. d THERE ARE DISCREPANCES BETWEEN RECOVERED MONUtENTATION PERTANNG TO NORTHERN SECTION' (SEE NOTE 6) AND THOSE RECOVERED PERTANNG TO THE "CENTRAL SECTION' THE MAGMTUDE OF THESE VARIANCES RANGE FROM 3 TO 5 FEET RESUL TWO IN SHORTAGES TO SOME. NEIGHBORHOOD PROPERTIES 12. MUNICIPAL WATER SERVICE 15 PROVIDED TO THESE PARCELS VIA TWO PIPELINES ENTERING THE CASSIDY PARCEL NEAR ITS EASTERLY END AND PROCEEDING ALONG OR NEAR THE 7' WINE STRIP REFERENCED IN NOTE 7. I3 ACCEPTED "MEAN LOW WATER* OF LAKE CHAMPLAN IS ELEVATION 95.25' ABOVE MEAN SEA LEVEL (NVD 1929). SEE STATE OF VERMONT V. CAN 126 VT. AT 467 (1967) 14. CURRENT DEED REFERENCES TO THE SUBJECT PROPERTIES ARE, PEPIN TO CASSIDY. VOLUME 468. PAGE 328, AUDREY MCCANN TO HAROLD MCCANN. VOLUME 179. PAGE 49I. OU/MFT TO PEPIN. VOLUME 2I. PAGE 379. PLAT SHOWING SURVEY OF PROPERTY OF RXCHARD T. & REBECCA B. cW -4 .g P .T .D Y , HAROLD G. m CW C .A N N RECEl VIED FOR RECORD RECEIVED AND A.D. RONALD L. & ATEAN M_ AT 'C -.� MIN,. __, M. RECO D , '` PAGE ' -T ivOF RECORDS: MAY 1 1 ArrE h41sF / #3 & #5 L YONS A VENUE EXTENS / ON CITY CLERK 2C87 `QUEEN Cl TY PARK" COMPILED AND PREPARED SOUTH BURL I NGTON. VERMONT BY City Of So, Burling BUTTON ASSOCIATES ton SCALE: l ' - 20 ' PROJ. NO.: 007001 LAND SURVEYORS - BOUNDARY CONSULTANTS DRAWN B Y: V . T 4 - 17- 00 SOUTH BURLINGTON - VERMONTj INFORMATION SHOWN HE 1 EN L SIST£NT WITH GRAPH/C SCALE ABSTRACTED DEED, INTERVIE 4( 'DJ CE L OWNERS AND PERTINENT PHYSICAL EVIDENCE. OF SECTIONS 1401 THRU AND CONFORMS T L WITH THE REQUIREMENTS 7 A 0 THE BEST OF 20 20� 6� --'IOO FEET MY KNOWLEDGE EDGE AND BEL T -Jim VAUGHN C. BUTTON. L.S. 415 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 10, 2007 \drb\misc\beaudin\beaudin_PUD.doc Application received: May 4, 2007 SKETCH PLAN APPLICATION #SD-07-31 5 LYONS AVENUE Meeting Date: May 15, 2007 Agenda # 4 Owner/Applicant Property Information Richard & Rebecca Cassidy Tax Parcel 1080-00005 5 Lyons Avenue Queen City Park Neighborhood South Burlington, VT 05403 Floodplain Overlav District Applicant Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. Marcel Beaudin, hereinafter referred to as the applicant, is seeking sketch plan review for a for a planned unit development consisting of constructing a new single family dwelling, 5 Lyons Ave. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on May 4, 2007 and have the following comments. Table 1. Dimensional Requirements CP Zoning District Required Pro osed Min. Lot Size 7,500 SF 10,730SF Max. Building Coverage 20% 17.4% Max. Overall Coverage 40% 30.8% + Min. Front Setback 10 ft. 8 ft Min. Side Setback 5 ft. 5 ft. Min. Rear Setback 10 ft. >10 ft. zoning compliance + waiver required The applicant is requesting a front yard setback waiver of two (2) feet. Staff supports this request. 1. The Board grants a front yard setback waiver of two (2) feet. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations PUDs shall comply with the following standards and conditions: Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B)(1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed additional dwelling units. As the use will remain the same with a relatively minimal increase in size, staff does not find that the South Burlington Water Department need review the plans. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. Again, staff does not find that this application warrants a review of this criterion. 2 Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant has submitted a sufficient grading and erosion control plan. 2. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. There will be no increase in traffic as there is no change in use. The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. This property is located along Lake Champlain and within the Queen City Park zoning district. Comments relating to this location are included below in other sections of this staff report. The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. This project conforms to the planned development patterns in the area. Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable to this property. The Queen City Park district is noted for its small lots and dense use. Contiguous open space areas are not a primary concern in this area. The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. Staff does not find that this project warrants review by the Fire Chief. Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Staff does not find that this project need extend services or infrastructure to adjacent landowners. 3 Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. 3. Pursuant to Section 15.13(E) of the South Burlington Land Development Regulations, any new utility lines shall be underground. The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). Staff feels the proposed project is consistent with the South Burlington Comprehensive Plan for reasons already stated, including the planned use and density of the QCP zoning district. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Queen City Park Zoning District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods. " The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. 9 It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. Staff has already noted its concerns about the dimensional standards of the zoning district. The appropriate setbacks have not been met. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front building. However, given that the nature of the project as a single- family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories and 18 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 5 Staff has already stated that all utility lines shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has submitted sufficient building elevations. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted sufficient building elevations. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. 6) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water 10 elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed structure is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to nmtect the assnciatPrl smrfarP water The applicant has submitted an erosion control plan. However, staff notes that the plans contain notes for erosion control measures on the adjoining properties. Given the dense nature of the area, this is not unusual. However, the applicant should provide evidence that the adjoining property owners have given consent. 4. The applicant should submit documentation demonstrating consent for erosion control measures to be placed on adjoining properties. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the applicant proceed to the next level of plan review. Respectfully submitted, Cathyann LaRose, Associate Planner Copy to: Marcel Beaudin, applicant 7 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 Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Re: Miscellaneous Application #MS-07-03 Dear Mr. Beaudin: 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, l Betsy McDonough Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7005 3110 0004 4484 7071 (iSS4y �'lc .._.__,_____-_C1TY_0F._.S0UTH 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. § 4471(c). HEARING DATE; MO-1 J! ��-- NAME MAILING ADDRESS - / e cv L //Y / 2 0 r,C,,;.,., ;2S �- 4wc"f Atd (S I )AvLs s© B'J'Z . PROJECT OF INTEREST VY '3p t �l/ E I�LeVO® �l::.W'0Pt 14A I-L- Q""V- 1JOVI CAT,e,n, CY/;W;Lriotic"—ETC bSyv--� 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 Marcel Beaudin 102 South Beach Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: 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, 4 U 4aw,)IL I Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: May 10, 2007 \drb\misc\beaudin\beaudin_conditional_use.doc Application received: March 22, 2007 MISCELLANEOUS APPLICATION #MS-07-03 5 LYONS AVENUE Meeting Date: May 15, 2007 Agenda # 3 Owner/Applicant Property Information Richard & Rebecca Cassidy Tax Parcel 1080-00005 5 Lyons Avenue Queen City Park Neighborhood South Burlington, VT 05403 Floodplain Overlav District Applicant Marcel Beaudin 1233 Shelburne Road South Burlington, VT 05403 Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous approval to raze a single family dwelling with a building footprint of 1625 sq. ft. and replacing it with a new single family dwelling with a building footprint of 1872 sq. ft., representing a 15.2% footprint increase, 5 Lyons Avenue. This application was originally heard on April 10, 2007 and continued so the City's attorney could provide comment. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on March 22, 2007 and have the following comments. Table 1. Dimensional Reanirementc QCP zoning District F Required Pro osed Min. Lot Size 7,500 SF 10,730SF Max. Building Coverage 20% 17.4% Max. Overall Coverage 40% 30.8% 4 Min. Front Setback 10 ft. 8 ft v Min. Side Setback 5 ft. 5 ft. 4- Min. Rear Setback 10 ft. 5 ft. zoning compliance zoning non-compliance 1. The plans shall be revised to respect the appropriate front and rear setback limitations. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the 2 Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road." The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. Staff has already noted its concerns about the dimensional standards of the zoning district. The appropriate setbacks have not been met. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. 3 The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front building. However, given that the nature of the project as a single- family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories and 18 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has submitted sufficient building elevations. (� Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has submitted sufficient building elevations. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. .19 (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. 6) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed structure is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the existing structure. 5 d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted an erosion control plan. However, staff notes that the plans contain notes for erosion control measures on the adjoining properties. Given the dense nature of the area, this is not unusual. However, the applicant should provide evidence that the adjoining property owners have given consent. 3. The applicant should submit documentation demonstrating consent for erosion control measures to be placed on adjoining properties. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the Development Review Board deny Miscellaneous Application #MS-07-03 as presented. Respectfully submitted, /a+thyaLalose, � - Planner Copy to: Marcel Beaudin, applicant Richard and Rebecca Cassidy, property owners 0 1\ McCANN I EXISTTTG CATC BASINI TO BE —�--.�-- —. RELOC TED ; '� ,�t�J °` �4 rr+• .Lw I EXISTING DRIVE —'-'--- -�- -•- _ • 1 TO Bp RELOCATED ♦ —EXISTING HOUSE _ yti/ 1� \ , roV INSTALL EROSION y \ CONTROL MATTMG ON — f HAY BALE INLET \\ ' ALL DISTURBED AREAS / *,WITH SLOPES >1:3 - PROl CTION - -, EET FO� SSDEETAIL C3LAM`V A & MULCH ALL DISTUERB D AREAS (SEE SHEET C3 FOR APPLICATION RATES) / t Ties INSTALL SILT FENCE \� ♦ r� `. ww PRIOR TO CONSTRUCITON TO 0 UNTIL SITE _- AND EXIST NSTATION IS STABILIZED (SEEPUMP SHEET C3 FOR DETAIL) EXISTING TESRIVE TO AND STEPS DR '\ BE REMOVED ,T LOAM, SEED &MULCH EXISTING— ALL DISTURBED AREAS (SEE SHEET C3 FOR HOUSE APPLICATIONPORTION ES) DECK TO BE REMOVED WILLIAMS JND LAW LAKE CHAMPLAIN sasses Mr .sx.w.a' snwcs 4 s S / I f / PROPOSED HOUSE 1872 SF • yy. / / f / let FFE-120.75 GARAGE FFE-120.00 /1' / / _— // EX ABOVE RWANE Tea 4\ LOAM, SEED & MULCH ALL DISTURBED AREAS /� (SEE SHEET C 3 FOR APPLICATON RATES) ' I ♦ i / / // // % // IhEXISTING I `\ DECK (TO REMAIN) \ / / / / / / % ee // / FIRE \ / 'WAPa' .\� \ \\\ \\\ \\\ \ V \\y \ 1 INSTALL SILT FENCE PRIOR TO CONSTRUCITON :., AND MAINTAIN UNTIL SITE \ IS STABILIZED ( SEE +5" SHEET C3 FOR DETAIL) c ATKINS DISTRICT #1 /l t l GRAPHIC SCALE s e iD ( IN FEET. ) I inch - IO IL LEGEND -- — -336- -- -- EXISTING CONTOUR 336 PROPOSED CONTOUR - - APPROXIMATE PROPERTY LINE - — — — - SETBACK LINE O IRON PIN FOUND • CAPPED REBAR FOUND 0 CONCRETE MONUMENT $ PROJECT BENCHMARK (SEE NOTE 2) A TRAVERSE POINT - — - OE - --- OVERHEAD ELECTRIC - — -ST - — - STORM DRAINAGE LINE ® PROPANE GAS TANK ro, POWER POLE ® CATCH BASIN i LIGHT POLE DECIDUOUS TREE CONIFEROUS TREE EDGE OF BRUSH/WOODS —x x . ,>•FEW�E — — — — — SILT FENCE LIMITS OF DISTURBANCE NOTES 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. The benchmark of 127.85' is located on the threshold of the 1st floor of the front entrance sub)ect building and Is based upon a Lake Champlain water elevation of 96.38' as reported by the King Steet Ferry Dock on Jon. 12th, 2005. 3. This plan is not a boundary survey and is not Intended to be used as one. 4. Property line information Is based on a plan entitled 'Plat Showing Survey and 'Boundary Ad)uetmente Between Properties of Richard T. & Rebecca B. Cassidy" prepared by Button Professional Land Surveyors, P.C., doted 10-22-03. Manumentation found was consistent with the recorded plot 5. This property lies in the Queen City Park Zoning District. SITE ENGINEER: r CIVIL INGINEIRING ASSOCIATES INC. G.O. BOX �86 W� IIRNNE• 060e2 COPYe1DeT Moe -ILL 14Osis eeesnvsn URA11N JSO csscm JLM .rrM- JLM 1-;"o OWNER RICHARD T. & REBECCA B. CASSIDY PROJECT: PROPOSED BUILDING ADDITION LYONS AVENUE SOUTH BURLINGTON VERMONT ISOUTABU1¢LING ON LOCATION MAP I,. 2ow DATe I csacsm peOON 3/20/07 JSO I REV. PROP. BLDG, & EC PLAN EROSION CONTROL SITE PLAN DATe DnInNG NDeeIR REVISED 17 April 07 emus C 2 1"=10' PROM. NO. 05104 CITY OF SOUTH BURLINGI�ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number SD- 0 l -31 APPLICATION FOR SUBDIVISION SKETCH PLAN REVIEW All infonmation requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board.. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Richard Et Rebecca Cassidy, 5 Lyons Avenue, 864.8144, fax 860.1565 2) LOCATION OF LAST RECORDED DEED (Book and page #) 3) APPLICANT (Name, mailing address, phone and fax #) Marcel Beaudin AIA, 1233 Shelburne Road, 862.9633, fax 862.0283 4) APPLICANT'S LEGAL INTEREST IN THE PROPERTY (fee simple, option, etc.) 5) CONTACT PERSON (Name, mailing address, phone and fax #) Applicant Contact email address____ beaudin@comcast.net—_ 6) PROJECT STREET ADDRESS: 5 Lyons Avenue 7) TAX, PARCEL ID # (can be obtained at Assessor's Office) 1080-00005 8) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Residence (see attached site plan) b) Proposed Uses on property (include description and size of each new use and existing uses to remain) I Residence (see attached site plan) c) Total building square footage on property (proposed buildings and existing buildings to remain) 1840 sf d) Proposed height of building (if applicable) 18 ft, 1 '/z stories e) Number of residential units (if applicable, new units and existing units to remain) f) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable) 9) LOT COVERAGE a) Building: Existing % Proposed_ 17.4 % b) Overall (building, parking, outside storage, etc) Existing _% Proposed 30.8 % c) Front yard (along each street) Existing _% Proposed % 10) TYPE OF EXISTING OR PROPOSED ENCUMBRANCES ON PROPERTY (easements, covenants, leases, rights of way, etc.) None 11) PROPOSED EXTENSION, RELOCATION, OR MODIFICATION OF MUNICIPAL FACILITIES (sanitary sewer, water supply, streets, storm drainage, etc.) Relocation of storm sewer (see site plan) 12) OWNERS OF RECORD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this may be provided on a separate attached sheet) 13) ESTIMATED PROJECT COMPLETION DATE 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I " x 17") of the plans must be submitted. A sketch subdivision application fee is $125. 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. GN OIC^ANT TUOS G P PERTY OWNER Do not write below this line DATE OF SUBMISSION: S , I have reviewed this sketch plan application and find it to be: Ff Complete /,,-? ❑ Incomplete 6�� S-IY16 of Planning & Zoning or Designee CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING &ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM To: Development Review Board Fr: Raymond J. Belair, Administrative Officer Date: April 27, 2007 Re: Agenda #3 Marcel Beaudin We are still awaiting word from our City Attorney regarding this project. We should have some information available at the meeting. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM To: Development Review Board From: Betsy McDonough Re: Agenda #3 Marcel Beaudi Date: April 13, 2007 Per discussion at the last meeting, the City Attorney is currently reviewing the applicant's legal position regarding the front yard setback issue. We have not received new information in time for your packets, but hope to have some at the meeting. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 12, 2007 Marcel Beaudin 102 South Beach Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: 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 April 17, 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, Betsy McDonough Planning & Zoning Assistant Encl. Cc: Richard & Rebecca Cassidy April 11, 2007 Amanda S. E. Lafferty Attorney -at -Law Sitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05401 Re: City of South Burlington Misc. Application # MS-07-03 5 Lyons Ave. Dear Amanda: Richard T. Cassidy + Julie A. Frame Robert W. Katims John L. Pacht + Michael T. Russell Thomas H. Somers *t Philip H. Hoff Nancy J. Waples + Gregory A. Weimer * t All attorneys admitted in VT Admitted in: NY + DC * ME t NH * A legal issue has been raised relating to the above referenced Zoning Application, which is a request for a Conditional Use Permit to allow my wife and me to raze our existing home and construct a new one. The South Burlington Administrative Officer, Ray Belair, indicated that the question would be referred to you for advice and invited me to put my legal argument in writing for your information. This letter is intended to serve that purpose. The issue arises from Table 1 of the staff report on our request (a copy of which is attached for your convenience as Exhibit A), which indicates that our proposal does not meet the10 foot minimum front setback requirement in the Queen City Park District. From conversations of our architect, Marcel Beaudin with the City Planner, Julie Beth Hinds, and with Mr. Belair, and from Mr. Belair's explanation to the Development Review Board at its hearing on April 10, I understand the staff's position to be that our frontage on Lyons Avenue is too small to be considered frontage on a public street. Ms. Hinds told Mr. Beaudin that our frontage on Lyons Avenue was "de minimis." Accordingly, the staff proposes to treat our lot as though we had no frontage on Lyons Ave. under § 3.05 of the Land Development Regulations of the City of South Burlington. In relevant part, the ordinance provides: , Curtis, Pacht, Cassid Somers & Katims, P.C. Attorneys 1100 Main Street - P.O. Box 1124, Burlington, Vermont 05402-1124 at Law Phone: 802/864-6400 Fax. 802/860-1565 E-mail: mail@hoffcurtis.com Website: www.hoffcurtis.com 75 Pearl Street, Suite 216 Portland, Maine 04101-4101 Phone:207/871-5750 Fax:207/874-0582 l Amanda S. E. Lafferty Attorney- at- Law g.o5 Lots April 11, 2007 Page 2 A. Reductioir of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district. B. Lots witli No Road Frontage. (1) No laid development may be permitted on lots which do not have either frontage on a public road or public waters, unless, ivith the approval of the Development Renew Board through a miscellaneous application, such lots have access to a public road or waters by a permanent easement or right-of- way at least twenty (20) feet in width. It is important to note that neither this section of the ordinance, nor any section that I could find, requires that frontage on a public road be of any particular or minimum length in order to be considered as "frontage." In fact, our lot does have frontage on Lyons Ave. I enclose a drawing from the Erosion Control Plan that was filed in connection with our application. (See Exhibit B). If you review it you will see that our lot comes close to point at its intersection with Lyons Avenue. I understand that at that intersection, the length of the line is some 1.58 feet. While we certainly acknowledge that the line at this point is very short, we do not believe that it can be ignored. As a practical matter, this short frontage is supplemented by an exclusive use easement granted to us by our neighbor, Mr. Harold (Gill) McCann, over his property located at 15 Lyons Ave. Together with the frontage that we own, this easement gives us access to Lyons Ave. with a width of at least 20 feet. This easement was granted to us as part of a three way boundary adjustment that we did in 2003 with Mr. McCann and with South Burlington Fire District No. 1, for the purpose of making it possible for us to build the garage component of our proposed new home. We were aware of the frontage requirement at that time' and could have structured our boundary adjustment differently in order to retain more frontage on Lyons Ave. We did not do so because we reviewed the ordinance and, as noted above, and found no provision requiring any particular length. ' In fact, the deeds reflect our intention: Meaning to convey 208.5 square feet, and being the second of two deeds meant to adjust the property lines of the Grantee's parcel so as to comply with setback requirements of the City of South Burlington Zoning Ordinance and to do so without changing the aggregate area of the parcel owned by Grantor or the parcels owned by Grantees. Deed of Harold G. McCann to Richard T. and Rebecca B. Cassidy dated November 10, 2003. Copies of these deeds are enclosed for your convenience as Exhibit C. Amanda S. E. Lafferty Attorney- at- Law April 11, 2007 Page 3 The suggestion that our frontage on Lyons Avenue can be ignored as "de minimis" Z is inconsistent with the general understanding that unless expressly prohibited by a valid land use regulation, the use and development of private property is permitted. It is well understood that: Since a zoning law or ordinance is in derogation of the owner's common law rights in the use of his land, most state courts hold that ordinance provisions will be construed in favor of the free use of land. Where doubt exists as to the meaning of zoning restrictions, courts hold that such restrictions will be strictly construed in favor of the landowner. E. Ziegler, Jr., A. Rathkopf, & D. Rathkopf, 1 Rathkopf's The Law of Zoning and Planning § 5:13 (4th ed.) This legal principle is applied by the Vermont Supreme Court. In re Willey, 120 Vt. 359, 365 (1958) ("The restrictions of zoning statutes and zoning ordinances authorized by statute are in derogation of the common law and should be strictly construed. When exemptions appear in favor of the property owner, the exemptions should be construed in favor of the owner. Ordinances cannot be enlarged by implication."). My research reveals no case law permitting a zoning authority to ignore the existence of any piece of real estate as de minimis. Since nothing in the ordinance expressly prevents our short frontage from being treated as the frontage of our lot, it should be so treated. This usage in consistent with the definition of frontage contained in the ordinance, which defines frontage as: Froittage. (A) Tl at boundary of a lot abutting a public street; (B) the front lot line. Article 2, Definitions at 17. It is also consistent with the definition of Lot Frontage: Lot frontage. The contuiuous length of the front lot line measured along the public street right-of-way line, or the length within a lot of a continuous line parallel iNith the street and measured along the minimum required front yard. Article 2, Definitions at 23. Our short line is the boundary line abutting the public street and is measurable along the public street right-of-way. The view that this line is our frontage is also consistent with the customary purpose of a front setback requirement: to keep structures from being built too close to the road. In the Queen City Park District, the requirement is that structures be at least 10 feet from the road. In fact, our house will be far beyond that distance as the house will be located more than 50 feet from the edge of Lyons Avenue. 2 De Minimis is defined in Black's Law Dictionary as: 1. Trifling; minimal. 2. (Of a fact or thing,) so insignificant that a court may overlook it in deciding an issue or case. Amanda S. E. Lafferty April 11, 2007 Attorney- at- Law Page 4 It is also consistent with the definition of a front lot line: Lot line, fiont. The lot line separating a lot from a street right-of-way. In the case of a through lot, the lot shall be deemed to have rivo front yards which shall each meet the required front yard setback and all other requirements of this ordinance to front yards, and shall be deemed to have two side yards and no rear yard. A corner lot shall be deeined to have two front yards and two side yards and no rear yard. Article 2, Definitions at 24. Our view treats the line that the staff apparently uses as frontage (the line between our lot and that of Mark Chaffee and Lori Hayes (shown on the drawing as "existing house")) as a side setback. This is consistent with the definition of a side line: Lot line, side. Any lot line other than a front or rear lot line. Id. As this is the line that separates our house from that of our neighbors, Mr. Chaffee and Ms. Hayes, our view is consistent with the idea that side line setbacks are what usually separates one house from another. In the circumstances we believe that it is very clear that our frontage is the short line at the end of our driveway. As this line is more than 50 feet from the line of our proposed house, we do not believe that our proposal violates the front setback requirement of the South Burlington Land Development Regulations. We understand that the Development Review Board intends to take this matter up again at its next meeting, now scheduled for Tuesday, April 17, 2007. In order to avoid further delay, we hope that you will be able to advise the Board on this point before that meeting. Thank you for considering my views in reviewing this matter. Please do not hesitate to be in touch with me if there is any further information that you require. Si ly, ichard T. C idy 9412.061.Lafferty.1tr.001.doc cc: Raymond J. Belair, (w/ attachments) e-=, Y**4. A-, CITY OF SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\beaudinlbeaudin_onditional_use.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: April 2, 2007 Application received: March 22, 2007 MISCELLANEOUS APPLICATION #MS-07-03 Agenda # 5 Owner Richard & Rebecca Cassidy 5 Lyons Avenue South Burlington VT 05403 Appl►cant Marcel Beaudin 102 South Beach Road South Burlington, VT 05403 5 LYONS AVENUE Meeting Date: April 10, 2007 Property Information Tax Parcel 1080-00005 Queen City Park Neighborhood Floodplain Overlay District Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous approval to raze a single family dwelling with a building footprint of 1625 sq. ft. and replacing it with a new single family dwelling with a building footprint of 1872 sq. ft., representing a 15.2% footprint increase, 5 Lyons Avenue. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on March 22, following comments. 2007 and have the Table 1. Dimensional Min. Lot Size Max. Building 7,500 SF 10,730SF Coyera e 20% 17.4% Max. Overall Coverage 40% 30.8% + Min. Front Setback loft. 8 ft 4 Min. Side Setback Min. Rear Setback 5 ft. 5 ft. 10 ft. 15 ft. zoning compliance 46 zoning non-compliance 9. The plan shall be revised to respect the appropriate front setback limitation. CONDITIONAL USE CRITERIA e following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the Proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. " 2 The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the Property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. Staff has already noted its concerns about the dimensional standards of the zonin district. The required front setback is not being met. g (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REtgEW STANDARDS -- ---• •• 11 .,, .JCUMJns "14.U6 and 14.07 of the Land Deg ro osed conditional use shall meet the followin standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe Pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from to site, from structure to structure, and to provide for adequate planting, safe pedestr am movement. 3 (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front building. However, given that the nature of the project as a single- family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories and 18 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has not submitted building elevations; plans should be provided at the meeting. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has not submitted building elevations; plans should be provided at the meeting. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining aboveground shall 0 be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. (j) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed structure is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the. existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. 5 The applicant has submitted an erosion control plan. However, staff notes that rt the plans contain notes for erosion control measures on the adjoining propeies. Given the dense nature of the area, this is not unusual. However, the applicant should provide evidence that the adjoining property owners have given consent. 3. The applicant should submit documentation demonstrating consent for erosion control measures to be placed on adjoining properties. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. OTHER The retaining wall is an accessory structure and cannot be located closer than 5 feet to a property line. 4. The retaining wall shall be removed or otherwise relocated to be in conformance with the SBLDRs. RECOMMENDATION Staff recommends that the Development Review Board deny Miscellaneous Application #MS-07-03 as presented. Jyd y submi . Belair,Administrative Officer Copy to: Marcel Beaudin, applicant Richard and Rebecca Cassidy, property owners no EXISTING CATC\ — BASM TO BE v RELOC TED •.;.: r;,,;,;' ' I;►' ., . 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NIXON 41 ,� k��✓�E� `�E��"IC(�D�a '� ' :41 It "1 v i '..: �'-k.,x��d:�>#� � � � � ��+s N �, ��./ ?tom 'E,w�SM' „ F ,.,, .s."��.x?�• ` / % / / _ / / / ,1 j� 1 / \ � 1•, I i \ EXISTING \ \ DECK \ \ \ \ (TO REMAIN) 32' onlc \ \ \ \\ HOFF ' CURTIS November 14, 2003 VIA HAND DELIVERY Donna Kinville, Clerk 575 Dorset Street South Burlington, VT 05403 Re: Lyons Ave. —Fire District No. 1 /McCann/Cassidy Dear Ms. Kinville: Richard T. Cassidy Julie A. Frame Robert W. Katims John L. Pacht' Thomas H. Somers *t Philip H. Hoff Jennifer E. Nelson Michael T Russell Gregory A. Weimer -i>t All attorneys admitted in VT Admitted in: NY ♦ DC * ME t Nn +. Enclosed please find a Mylar plat, four (4) Warranty Deeds with corresponding Vermont Property Transfer Tax Returns, and a letter from Ernest Christianson from the Vermont Agency of Natural Resources for recording in the Land Records of the City of South Burlington. I have enclosed a check in the amount of $116.00 to cover the recording fees, and an additional check in the amount of $243.75 to cover the transfer taxes for all of the properties. These documents are being hand delivered so that once the mylar is recorded, the slide and page number can be noted on the various Warranty Deeds. Thank you for your assistance in this matter. Please do not hesitate to contact my office should you have any questions. Sincerel Richard T. Ca dy Enclosures 9412\031\Queen City Park\Lyons Ave\clerk.001 Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims, P.C. Attorneys 100 Main Street • P.O. Box 1124, Burlington, Vermont 05402-1124 75 Pearl Street, Suite 216 at Law Phone: 802/864-6400 Fax 802/860-1565 Portland, Maine 04101-4101 E-mail: mail@hoffeurtis.com Website: www.hoffeurtis.com Phone: 207/871-5750 Fax: 207/874-0582 ) WARRANTY DEED KNOW ALL PEOPLE BY THESE PRESENTS, That, we, Richard T. and Rebecca B. Cassidy of South Burlington, County of Chittenden, State of Vermont Grantors, in the consideration of ten or more dollars, paid to our full satisfaction by Harold G. McCann of South Burlington, County of Chittenden, State of Vermont Grantee, by these presents do freely GIVE, GRANT, CONVEY, SELL & CONFIRM, unto the said Grantee Harold G. McCann and his heirs, successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden, State of Vermont, described as follows, viz: Being a portion of the land and premises conveyed to Richard T. and Rebecca B. Cassidy by Ronald L. and Jean M. Pepin dated January 3, 2000 and recorded January 5, 2000 at Volume 468, Page 328-330 of the City of South Burlington Land Records, depicted on a survey plat entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District Number One and Harold G. McCann" dated June 23, 2003 and recorded on , 2003 at Map Volume , Page of the City of South Burlington Land Records (hereinafter referred to as the "Plat"), and being more particularly described as follows: Parcel D as depicted on the Plat, a triangle bounded on the southwest by lands and premises of the Grantee and on the northwest by the sideline of Lyons Avenue Extension, and which is bounded by the lines described by the following metes and bounds: Beginning at a point in the sideline of Lyons Avenue Extension, which point is 1.58 feet from the northwest corner of lands now or formerly of Pepin, and which point is on a line having a bearing of N 49° 31' 00" E; thence proceeding N 49' 3 V 00" E a distance of 11.42; thence turning to the right and proceeding S 35°28'00" E a distance of 36.58 feet; thence turning to the right and proceeding N 53 ° 1 P 25" W a distance of 37.36 feet to the point and place of the beginning. Meaning to convey 208.5 square feet, and being the second of two deeds meant to adjust the property lines of the Grantors' parcel so as to comply with setback requirements of the City of South Burlington Zoning Ordinance and to do so without changing the aggregate area of the parcel owned by Grantee or the parcels owned by Grantors. Reference is made to a second set of deeds by and between Grantors and Fire District Number One of approximately even -date that also reference the Plat, and which deeds are made for similar purposes. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §§ 601-604). TO HAVE AND TO HOLD, said granted premises, with all the privileges and appurtenances thereof, to said Grantee Harold G. McCann, and his heirs, successors and assigns, to his own use and behoof forever; and, that said Grantors, Richard T. and Rebecca B. Cassidy for themselves and their heirs, executors and assigns, do covenant with the said Grantee Harold G. McCann that until the ensealing of these presents, they are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that the premises are FREE FROM EVERY ENCUMBRANCE; except as may be noted herein; and we, Richard T. and Rebecca B. Cassidy do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. IN WITNESS WHEREOF, we hereunto set our hands and seals this /U day of November, 2003. he presence b' STATE OF VERMONT CHITTENDEN COUNTY, SS. (chard T. "Cassidy J Rebecca B. Cassidy At _ in said county and state this day of 2003, personally appeared, Richard T. and Rebecca B. Cassidy and they acknowledged the signing of this instrument to be their free act and deed. Before me, An -A I Notary Public My Commission Expires: 2/10/07 \\Server2\Data\DOCS\RTC\Lyons ave\Cassidy to McCann Warrdeed.doc VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES (PLEASE TYPE OR PRINT CLEARLY) MONTPELIER, VERMONT 05609-1401 M SELLER'S(fRANSFEROR'S)NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT NO. Richard T. Cassidy _ 5 L ons Ave. 10 -00n Rebecca B. Cassidy South Burlington, VT 05403 p b- 7 34�b BUYER'S (TRANSFEREE'S) NAMES) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCAL SECURIIY NO.OR TAXPAYER IDENT. NO. Harold G. McCann _ 7 Beach Crest 2Zo Burlington, VT 05401 PROPERTY LOCATION (Address In full) 1 & 5 Lyons Ave., So. Burlington D4T� INTEREST IN PROPERTY 1. FEE SIMPLE 3. ❑ UNDIVIDED 112INTEREST 5. ❑ TIMESHARE 7. ❑ EASEMENT/Row 2. ❑ LIFE ESTATE 4. ❑ UNDIVIDED % INTEREST 6. ❑ LEASE 8. ❑ OTHER LAND SIZE (Acres orfractlon SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED _x NO YES thereof) 208 5 WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP FINANCING:❑CONVENTIONAUBANK-L3OWNERFINANCING [)THER__ BUILDINGS ON PROPERTYAT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): 1.�NONE 5. [:1 FARM BUILDINGS 9. ❑ STORE 2. FACTORY 6. ❑ MULTI -FAMILY WITH ( INSERT DWELLING UNITS 10.❑ OTHER_ _______ 3. ❑ SINGLE FAMILYDWELUNG 7. ❑ MOBILE HOME YEAR MAKER) TRANSFERRED NO DESCRIBE INSE 4. ❑ CAMPNACATION HOME 8. ❑ CONDOMINIUM WITH ( NUMBER) UNITS TRANSFERRED - NUMBE CHECKWHETHERTHE BUILDINGSWERE EVER ❑ OCCUPIED El RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPIVACATION 5. ❑ OPERATINGFARM 7. ❑ COMMERCIAUINDUSTRIAL DESCRIBE 2. OPENLAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. ❑ OTHER ` DESCRIBE PRIMARY USE OF PROPERTYAFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATINGFARM 7. ❑ COMMERCIALIINDUSTRIAL_ DESCRIBE 2. LUA;OPENLAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. ❑ OTHER__ _ T' DESCRIBE WAS PROPERTY PURCHASED BY TENANT NO --YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY NO __ YES CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO ALIEN OR OTHER R ESTgIr1TIONS UNDER THE AGRICUL- TURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. ❑ YES NO IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N, AND 0 BELOW. TOTAL 2,500.00 S00 PRICE PAID FOR PRICE PAID FOR 00 2,500.00 PRICEPAIDE ' PERSONAL PROPERTY$ REALPROPERTYE STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES TAX DUE: Enter amount from rate schedule on reverse side, COMPLETE RATE SCHEDULE FOR ALL TRANSFERS Fs 31.25 • DATE SELLER ACQUIRED 1 / 3/2000 3 IF VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET r CONTINUED ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWNICffY _ ACKNOVN_EDGMENT TOWN NUMBER DATEOF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER PAGE NO. ACT 250 DISCLOSURE STATEMENT) AND TAX PAID, LISTED VALUES GRAND LISTYEAR OF PARCEL ID NO. SIGNED CLERK GRAND LIST CATEGORY DATE 1-UKM PT-1 (6102) RATE SCHEDULE r — 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)................................................... b. Value of property enrolled in current use program.................................................................................................... c. Value of qualified working farm.............................................................................................................................. d. Add Lines Ila, b and c............................................................................................................................................ e. Tax rate............................................................................................................................................................... f. Tax due on Special Rate Property: Multiply Line 1d by Line le.................................................................................. 2. Tax on General Rate Property: a. Enter amount from Line O on front of return............................................................................................................ bEnter amount from Line 1d of Rate Schedule above................................................................................................... c. Subtract Line 2b from Line 2a................................................................................................................................. d. Tax Rate............................................................................................................................................................... e. Tax due on General Rate Property: Multiply Line 2c by Line 2d.................................................................................. 3. Total Tax Due: Add Lines 1f and 2e and enter here and on line P on front of return ............................................................................ 1. a.S 0.00 b. i 0 c. i 0_ d.: 0.00 0.005 f. $ _ —_ 0-- 2. a. $ _2,500.00 b. $ 0.00 _ c. $ _ 2,50 0.00 d. 0.0125 e. $ --_ 31.25 3. $ 31.25 LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or Is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. -------and Is In compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable waters ly r les because (see Instructions for exemptions): a. Parcel to be sold: Exemption Number— - C-i Z� b. Parcel retained: Exemption Number_______—_ Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon Is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. ------ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Line Din instructions) E. That this transferdeas/does not (strike one) result in a partition or subdivision of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E Instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ❑ 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. _____-___-__from the Commissioner of Taxes In advance of this sale. ❑ 3. Buyer(s) certifies that this Is a transfer without consideration. (See instructions for Form RW-171). ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. E HER BY WEg AND AFFIRM IWORPHIS RETURN, INCLUDING ALL CERTIFICATES, IS TR E, CORRECT ANP COARPLETE TO THE 13EST OF OUR KNOWLEDGE. ER G DATE BUY RJ SI U E DATE Ichard T. Cassid H rold G. McCann 0 0-f Ribbecca B. Cas$i y ,: Pre arer'sSi nature ' u P 9----- Preparer's Address _100 Main St., Burlington, VT 05401-----__—_—__ - -- Hoff Curtis Prepared by ---------------------- Buyer's Representative (Print or Type) --- —- Keep a copy of this return for your records. I WARRANTY DEED KNOW ALL PEOPLE BY THESE PRESENTS, That, we, Harold G. McCann and Jennifer Strickler of South Burlington, County of Chittenden, State of Vermont Grantors, in consideration of ten or more dollars, paid to our full satisfaction by Richard T. and Rebecca B. Cassidy, Grantees of South Burlington, County of Chittenden, State of Vermont, by these presents does freely GIVE, GRANT, CONVEY, SELL & CONFIRM, unto the said Grantees Richard T. and Rebecca B. Cassidy, husband and wife as tenants by the entirety, and their heirs, successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden, State of Vermont, described as follows, viz: A parcel of land being a portion of the land and premises conveyed to Harold G. and Audrey M. McCann by warranty deed of City Feed and Lumber Company, Inc. dated February 2, 1975 and recorded on February 24, 1975 at Volume 118, Pages 499-501 of the City of South Burlington Land Records, also being a portion of the land and premises conveyed by quit claim deed to Harold G. McCann by Audry M. McCann dated January 18, 1985 and recorded January 21, 1985 at Volume 129, Pages 491-492 of the City of South Burlington Land Records, and depicted on a survey plat entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District Number One and Harold G. McCann" dated June 23, 2003 and recorded on , 2003 at Map Volume _, Page — of the City of South Burlington Land Records (hereinafter referred to as the "Plat"), and being more particularly described as follows: Parcel C as depicted on the Plat, a polygon that is the southeastern corner of the land and premises of the Grantor and which is bounded on the south east by lands and premises now or formerly of Fire District Number One, on the south west by lands and premises of the Grantees, and which is bounded by the lines described by the following metes and bounds: Beginning at a point near the most southerly corner of the lands and premises of the Grantor, which point is in the boundary line between Grantor and Grantee which line has a bearing of S 35° 28' 00" E, and which point is 36.58 feet from the sideline of Lyons Avenue Extension; thence proceeding of S 35° 28' 00" E a distance of 2.66 feet to a point; thence proceeding N 64' 25' 50" E a distance of 26.28 feet to a point marked by an iron pin; thence turning left and proceeding N 57° 45' 05" W a distance of 14.29 feet to a point marked by an iron pin; thence turning left and proceeding S 76° 55' 50" W a distance of 3.38 feet to a point marked by an iron pin; thence turning left and proceeding S 31 ° 36' 45" W a distance of 18.83 feet to a point marked by an iron pin, being the point and place of beginning. Meaning to convey 208.5 square feet, and being the second of two deeds meant to adjust the property lines of the Grantees' parcel so as to comply with setback requirements of the City of South Burlington Zoning Ordinance and to do so without changing the aggregate area of the parcel owned by Grantor or the parcels owned by Grantees. Reference is made to a second set of deeds by and between Grantees and Fire District Number One of approximately even -date that also reference the Plat, and which deeds are made for similar purposes. Also included herein is an exclusive use easement over the hereinafter described land of the Grantor, giving Grantees, their heirs, successors and assigns the exclusive use of the land so described for any and all uses of the burdened area including but in no way limited to: use for ingress and egress; installation, maintenance and repair of utilities; removal and demolition of existing structures; modification and stabilization of the grade; installation, maintenance and repair of a retaining wall or similar or better structure; and any and all other uses in any way necessary to utilize the herein granted easement. If Grantees undertake a modification of the existing driveway that requires the existing retaining wall to be removed, then Grantees agree to replace the existing retaining wall with a new wall of similar quality and utility for subjacent or lateral support to Grantor's remaining property. The area burdened by this exclusive use easement is described as follows: Beginning at a point in the sideline of Lyons Avenue Extension, which point is 1.58 feet from the northwest corner of lands now or formerly of Pepin, and which point is on a line having a bearing of N 49° 3 F 00" E; thence proceeding N 49' 31' 00" E a distance of 11.42; thence continuing on a bearing of N 49' 31 ' 00" E a distance of 17.93 feet to a point; thence turning to the right and proceeding S 12' 1 F 00 W a distance of 12.73 feet; thence turning left and proceeding S 53' 11' 20" E a distance of 29.03 feet to a point; thence turning right and proceeding S 31 ° 36' 45" W a distance of 18.83 feet; thence turning to the right and proceeding N 35' 27' 30" W a distance of 5.41 to a point; thence turning to the left and proceeding N 53' 1 F 25" W a distance of 37.36 feet to the point and place of the beginning. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §§ 601-604). Jennifer Strickler joins in this conveyance of the property to release, remise and quit claim any interest in said property she may have by virtue of her marriage to Harold G. McCann. TO HAVE AND TO HOLD, said granted premises, with all the privileges and appurtenances thereof, to said Grantees, Richard T. and Rebecca B. Cassidy, husband and wife as tenants by the entirety, and their heirs, successors and assigns, to their own use and behoof forever; and, that said Grantor, Harold G. McCann for himself and his heirs, executors and assigns, does covenant with the said Grantees Richard T. and Rebecca B. Cassidy that until the ensealing of these presents, he is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that the premises are FREE FROM EVERY ENCUMBRANCE; except as may be noted herein; and I, Harold G. McCann do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. IN WITNESS WHEREOF, we hereunto set our hands and seals this /'o TH day of November, 2003. In re i arold G. McCann Jen#ifer Strickler STATE OF VERMONT CHITTENDEN COUNTY, SS. 7ki t U/ `rH �., in said county and state this /a day of NO Ji" hey- , 2003, personally appeared, Harold G. McCann and Jennifer Strickler and they acknowledged the signing of this instrument t , e eir free ct and deed. Before me, _ Notary Public �/�l fGGt �, Jf My Commission Expires: 2/ 0/07 \\Server2\Data\DOCS\RTC\Lyons ave\McCann to Cassidy Warrdeed.doc VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES (PLEASE TYPE OR PRINT CLEARLY) MONTPELIER, VERMONT 05609-1401 -NAME(S) MSELLER'S (TRANSFEROR'S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR - TAXPAYER (DENT. NO. Harold G. McCann 7 BLch Crest 4 3 �414 -- Burlinaton, VT 05401 BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER--- ----SOCIAL -SECURITY NO. OR -Richard T. Cassidy I -- TAXPAYER IDENT NO. 5 s Ave. 1 0 e ecca . ass) y South Burlington, VT 05403 --0-0�� �j5 PROPERTY PROPERTY LOCATION (Address in full) 1 & 5 Lyons Ave., So. Burlington Dw- INTEREST IN PROPERTY 1.0 FEE SIMPLE 3. E] UNDIVIDED 1/2 INTEREST 5. ❑ TIMESHARE 7. E] EASEMENT/ROW 12.[:] LIFEESTATE 4.[] UNDIVIDED_%INTEREST 6. ❑ LEASE 8. [:] OTHER D SIZE (ACT LAND SIZE (Acres or fraction thereof) SPECIAL FACTORS: SPECIALFACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED -x NO YES Sp C L C� - 208.5 WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP SS FINANCING: C -OWNER FINANCING 0)THER F NAN ILNG INANCING: OCONVENTIONALJBANK BUILDINGS ON PROPERTYAT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): ------- 11.��IE 5. [3 FARM BUILDINGS 9. 0 STORE 2. 'FACTORY 6. ❑ MULTI -FAMILY WITH - NUMBER' OTHER ------ - - INSERT I DWELLING UNITS 10. TRANSFERRED DESCRIBE0 3. [] SINGLE FAMILYDWELLING 7. ❑MOBILE HOME YEAR -__ MAKE SER. NO. 4. C] CAMP/VACATION HOME 8. ❑ CONDOMINIUM WITH UMRE INSERT N - R) UNITS TRANSFERRED CHECK WHETHERTHE BUILDINGS WERE EVER 13 OCCUPIED 0 RENTED ❑ WILL BE RENTED AFTER SALE PRIMARY USE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. 0 PRIMARY RESIDENCE 3. ❑ CAMPfVACATION S. 1:1 OPERATINGIFARM 7. ❑ COMMERCAUINDUSTRIAL DERIDE 2.% . OPEN LAND 4. ❑ TIMBERLAND 6.[:] GOVERNMENT USE 8. ❑ OTHER PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): I PRIMARY RESIDENCE 3. ❑ CAMPIVACATION 5.0 OPERAnNGFARM1 7. ❑ COMMERCLWNDUSTRIAL DESCRIBE 2 OPENLAND 4. ❑ TIMBERLAND 6.[j GOVERNMENTUSE 8. ❑ OTHER S PROPERTY PURCHASED BYTENANT NO I DESCRIBE -YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY NO YES ___ P I CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHERRESTRICTIONSUNDER THE AGRICUL- TURALAND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. OYES '1K NO RIS IFTRANSFE EXEMPT FROM PROPERTY TRANSFER TA)� CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETES C-Tl'---- F TRA S S X MPT OM Op T S X IT X MPTIO1 ONSM, N,ANDO BELOW. TDIAL 1 n n PRICE PAID FOR 70TAL PRICE PAID FOR n nn PRICE PAID FOR 1 0,000.00n PRICE PAID $ PERSONALPROPERTY$ REAL PROPERTY $ 10,000. 00 STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: MAKE CHECKS PAYABLETO: VERMONT DEPARTMENT OF TAXES TAX DUE: Enter amount from rate schedule on reverse side, COMPLETE RATE SCHEDULE FORALL TRANSFERS $ 125.00 DATE SELLER ACQUIRED 1/18/1985 IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET_ (CONTINUED ON REVERSE SIDE) THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY ACKNOWLEDGMENT DATEOFRECORD TOWN NUMBER RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOKNUMBERPAGE NO. ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. LISTED VALUE $ GRAND LISTYEAR OF PARCEL IDNO. SIGNED CLERK GRAND LIST CATEGORY DATE whilifibilihommANA" RATE SCHEDULE Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)................................................... b. Value of property enrolled in current use program.................................................................................................... c. Value of qualified working farm.............................................................................................................................. d. Add Lines la, b and c............................................................................................................................................ e. Tax rate ............................................................................................................................................................... f. Tax due on Special Rate Property: Multiply Line 1d by Line 1e.................................................................................. 2. Tax on General Rate Property: a. Enter amount from Line O on front of return............................................................................................................ b Enter amount from Line 1d of Rate Schedule above................................................................................................... c. Subtract Line 2b from Line 2a................................................................................................................................. d. Tax Rate............................................................................................................................................................... e. Tax due on General Rate Property: Multiply Line 2c by Line 2d.................................................................................. 3. Total Tax Due: Add Lines 1f and 2e and enter here and on line P on front of return............................................................................ 1. a. $0.00 b.i_ 0 c. $ 0 d. S 0.00 e. 0.005 f. $ _— - o_= -- 2. a. $ _10,000.00_ b.$— 0.00 — c. $ 10,000.00_— d. __0.0125 e. j--- _ 125.00-- 3. $ __ _ 125.00 LOCAL AND STATE PERMITSAND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyers) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer Is in compliance with or Is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. ----- and is In compliance with said permit, or 2. This property and any retained parcel Is exempt from the wastewater system and potable water u plly� les because (see instructions for exemptions): a. Parcel to be sold: Exemption Number _-9*404(a") _ — Y03 CSC _ (G ) b. Parcel retained: Exemption Number________--__—_ Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. ----- and is in compliance with said permit, or 2. This property Is exempt from Act 250 because: (list exemption number from Line Din instructions) E. That this transfer deesldoes not (strike one) result Ina partition or subdivision of land. Note: if it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ❑ 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. ____----__—__from the Commissioner of Taxes In advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form RW-171). ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. EBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATE CT AND PLE TO THE BEST OF OUR KNOWLEDGE. S L I ATU DATEY E S DAT r Par D3 G. Cann I Ridand T. Cassi ecca b. Uassidy Preparer'sSignature _,_--_—__—___---_--_— _ — Preparer'sAddress _100 Main St., Burlington, VT 05401__--_---__— -- Prepared by Hoff Curtis Buyer's Representative ------------------- (Print or Type) Keep a copy of this return for your records. WARRANTY DEED KNOW ALL PEOPLE BY THESE PRESENTS, That, Fire District Number One, a municipal corporation with principal offices in South Burlington, County of Chittenden, State of Vermont, in consideration of ten or more dollars, paid to our full satisfaction by Richard T. and Rebecca B. Cassidy, Grantees of South Burlington, County of Chittenden, State of Vermont, by these presents does freely GIVE, GRANT, CONVEY, SELL & CONFIRM, unto the said Grantees Richard T. and Rebecca B. Cassidy, husband and wife as tenants by the entirety, and their heirs, successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden, State of Vermont, described as follows, viz: Two parcels of land, each being a portion of the land and premises conveyed to Fire District Number One by quit claim deed of Queen City Park Association dated September 15, 1949 and recorded on May 3, 1950 at Volume 24, Page 163 and both depicted on a survey plat entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District Number One and Harold G. McCann" dated June 23, 2003 and recorded on , 2003 at Map Volume _, Page — of the City of South Burlington Land Records (hereinafter referred to as the "Plat"), and being more particularly described as follows: Parcel B as depicted on the Plat, a polygon that is bounded on the southeast by lands and premises of the Grantees, on the southwest by land and premises now or formerly of Williams, on the northwest partially by lands and premises of the Grantees and partially by lands and premises now or formerly of McCann, and which is bounded by lines described by the following metes and bounds: Beginning at the easterly corner of lands and premises now or formerly of Williams, which point is marked by an iron pin; thence proceeding N 64' 00' 40" E a distance of 42.36 feet to a point; thence turning left and proceeding N57' 45' 05" W a distance of 7.77 to a point marked by an iron pin; thence turning left and proceeding S 64' 25' 50" W a distance of 26.28 feet; thence turning to the right and proceeding, S 64' 26' 45" W, a distance of 13.15 feet to a point; thence turning to left and proceeding S 35' 28' 00" E a distance 7.00 feet to the point and place of the beginning. Parcel E as depicted on the Plat, a triangle bounded an two sides by land and premises now or formerly of the Grantor, and which is bounded by lines described by the following metes and bounds: Beginning at a point in the new boundary line between the Grantor and the Grantees which line has a bearing of S 6° 17' 45" E, and which point is also in the old boundary line between Grantor and Grantees which line has a bearing of N 11 ° 45' 00" E, and which point is 24.06 from the former northeasterly most point of the lands and premises of the Grantees; thence proceeding S 11 ° 45' 00" W a distance of 12.54 feet to a point; thence turning left and proceeding N 31 ° 28' 55" E a distance of 6.34 feet; thence turning left and proceeding N 6° 17' 45" W a distance of 6.91 feet to the point and place of the beginning. Meaning to convey 289 square feet, and being one of two deeds meant to adjust the property lines of the Grantees' parcel so as to comply with setback requirements of the City of South Burlington Zoning Ordinance and to do so without changing the aggregate area of the parcels owned by Grantor or the parcel owned by Grantee. Reference is made to a second set of deeds by and between Grantees and Harold G. McCann of approximately even -date that also references the Plat, and which deeds are made for similar purposes. Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §§ 601-604). TO HAVE AND TO HOLD, said granted premises, with all the privileges and appurtenances thereof, to said Grantees, Richard T. and Rebecca B. Cassidy, husband and wife as tenants by the entirety, and their heirs, successors and assigns, to their own use and behoof forever; and, that said Grantor Fire District Number One for itself and its successors and assigns, does covenant with the said Grantees Richard T. and Rebecca B. Cassidy that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid, that the premises are FREE FROM EVERY ENCUMBRANCE; except as may be noted herein; and Fire District Number One does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. IN WITNESS WHEREOF, I hereunto set my hand and seal this n1 �v er>n �.r' T day of e , 2003. In the presence of: STATE OF VERMONT CHITTENDEN COUNTY, SS. FIRE DISTRICT NUMB OE BY: Dul d representative in said county and state this ��day o17.9steber, 2003, personally appeared, lu E IEL.rj�Z� duly authorized representative of Fire District Number One and s/he acknowledged the signing of this instrument to be his/her free act and deed and the free act and deed of Fire District Number One. Before me, ary Public My Commission Expires: 2/10/07 \\Server2\Data\DOCS\RTC\Lyons ave\FDNO to Cassidy Warrdeed.doc VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES (PLEASE TYPE OR PRINT CLEARLY) MONTPELIER, VERMONT 05609-1401 • SELLER'S(TRANSFEROR'S)NAMIE(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR Fire District No. 1 _ 114 Central Ave. TAXPAYER (DENT. NO. 0 3 - os S South Burlington, VT 05403 = BUYER'S (TRANSFEREE'S) NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO.OR TAXPAYER IDENT.NO. 5 Lyons Ave. O C7�1 - 0 -600 � "ecatasslayssidy _ South Burlington, VT 05403 , PROPERTY LOCATION (Address in full) 5 Lyons Ave., South Burlington INTEREST IN PROPERTY 1i 1. Q FEE SIMPLE 3. ❑ UNDIVIDED 1/2INTEREST 5. ❑ TIME-SHARE 7. ❑ EASEMENTIROW 2. ❑ LIFE ESTATE 4. UNDIVIDED %INTEREST 6. ❑ LEASE 8. ❑ OTHER LAND SIZE (Acres or fraction "181�°�Z89 SPECIAL FACTORS: HAVE DMILYEVELOPMENT RIGHTS BEEN CONVEYED _x_ NO YES SCI. ft. FINANCNG:AS SALE E❑CONVENTIONAUBANK-tERFINANCINGEEN FAMILY MEMBERS X NOYES�STTHERELATIONSHIP BUILDINGS ON PROPERTYAT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): I. ® NONE S. ❑ FARM BUILDINGS 9 ❑ STORE 2. ❑ FACTORY 6.0 MULTI -FAMILY WITH INSERTDWELLING UNITS 10.❑ OTHER 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR MAKE_ TRANSFERRED DESCRIBE SER. NO. _ 4. ❑ CAMPNACATION HOME 8. ❑ CONDOMINIUM WITH ( NUSE T MBER) UNITS TRANSFERRED CHECK WHETHERTHE BUILDINGS WEREEVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE PRIMARYUSE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARYRESIDENCE 3. ❑ CAMPNACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIAL/INDUSTRIAL_ - DESCRIBE 2. 90 OPENLAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. ❑ OTHER PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): --- 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATINGFARM 7. ❑ COMMERCIALIINDUSTRIAL DESCRIBE 2. )EI OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. []OTHER-- _ DESCRIBE WAS PROPERTY PURCHASED BY TENANT _ NO YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY___ NO YES CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO ALIEN OR OTHER RESTRICTIONS UNDER THE AGRICUL- TURAL AND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. ❑ YES 51 NO �IFTRANSFERIS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTIONS M, N, AND O BELOW. TOTS PRICE PAID FOR PRICE PAID FOR 3, 500.00 PRICE PAID $ _ PERSONAL PROPERTY $ _ REAL PROPERTY $ 3,500.00 STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: Igaggim MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS rDATE $ 43.75 SELLER ACQUIRED 9 / 15 / 1949 VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET 1 CONTINUED ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CITY DATEOFRECORD ACKNOWLEDGMENT TOWNNUMBER BOOK NUMBER PAGE NO. RETURN RECEIVED (INCLUDING CERTIFICATES AND LISTED VALUE E GRAND LIST YEAR OF ACT 250 DISCLOSURE STATEMENT)AND TAX PAID. PARCEL ID NO. GRAND LIST CATEGORY SIGNED, CLERK DATE FORM PTA (9/021 _.. RATE SCHEDULE Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)................................................... 1. a. $ __0.00__ b. Value of property enrolled In current use program.................................................................................................... b. $ 0 c. Value of qualified working farm.............................................................................................................................. c. E _0 d. Add Lines la, b and c............................................................................................................................................ d.$0.00 e. Tax rate............................................................................................................................................................... e. 0.005 f. Tax due on Special Rate Property: Multiply Line Id by Line 1e.................................................................................. f. 2. Tax on General Rate Property: a. Enter amount from Line O on front of return............................................................................................................. 2. a. E ___3,500.00— b Enter amount from Line 1d of Rate Schedule above................................................................................................... b.5____ _0.00 — c. Subtract Line 2b from Line 2a................................................................................................................................. c. E _ 3,500.00— d. Tax Rate............................................................................................................................................................... d. 0.0125 e. Tax due on General Rate Property: Multiply Line 2c by Line 2d.................................................................................. e. E __ 43.75 3. Total Tax Due: Add Lines if and 2e and enter here and on line P on front of return ............................................................................. 3. $ ___--_ 43.75_—_ LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyers) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer Is In compliance with or is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources forthe following reasons: 1. This property is the subject of Permit No. ----------- and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number _—§4i9i(rtj §14403(a)(12) b. Parcel retained: Exemption Number_________—________ Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 250), for the following reason: 1. This property Is the subject of Act 250 Permit No. ----------- and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Line Din instructions) _____a, b, c, d_______ E. That this transfer ~does not (strike one) result in a partition or subdivision of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ® 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. _____________-__from the Commissioner of Taxes in advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form RW-171). ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFIcAVArmrn1W, COJRECTANgJDPMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLERS SIGNATURES DATE TURE S DATE /o Fir i stri cA o. hard T. Cass' // Rebe B. Cassidy r Preparer'sSignature --__ Preparer'sAddress _100 Main St., Burlington, VT 05401 red by _Hoff Curtis Buyer's Representative (Print or Type) - Keep a copy of this return for your records. WARRANTY DEED KNOW ALL PEOPLE BY THESE PRESENTS, That, we, Richard T. and Rebecca B. Cassidy of South Burlington, County of Chittenden, State of Vermont, Grantors, in consideration of ten or more dollars, paid to our full satisfaction by Fire District Number One, a municipal corporation with principal offices in South Burlington, County of Chittenden, State of Vermont, Grantee, by these presents do freely GIVE, GRANT, CONVEY, SELL & CONFIRM, unto the said Grantee, Fire District Number One and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden, State of Vermont, described as follows, viz: Two parcels of land, each being a portion of the land and premises conveyed to Richard T. and Rebecca B. Cassidy by Ronald L. and Jean M. Pepin dated January 3, 2000 and recorded January 5, 2000 at Volume 468, Page 328-330 of the City of South Burlington Land Records, and both depicted on a survey plat entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District Number One and Harold G. McCann" dated June 23, 2003 and recorded on , 2003 at Map Volume _, Page of the City of South Burlington Land Records (hereinafter referred to as the "Plat"), and being more particularly described as follows: Parcel A as depicted on the Plat, a polygon that is the northeastern tip of the land and premises of the Grantors and which is bounded on three sides by land now or formerly of the Grantee, and which is bounded by the lines described by the following metes and bounds: Beginning at the most westerly point of Parcel A, which is located on a line with a bearing of S 57' 45' 05" E a distance of 7.77 feet from a point marked by an iron pin in the boundary line between the property of the Grantee and land and premises now or formerly of McCann; thence proceeding S 57' 45' 05" E a distance of 12.71 feet to point marked by an iron pin; thence turning to the right and proceeding S 6° 17' 45" E a distance of 15.64 feet to a point that is 6.91 from a point marked by an iron pin; thence turning to the left and proceeding N 11 ° 45' 00" E a distance of 24.06 feet; thence turning to the left and proceeding N 47' 44' 00" W a distance of 7.00 feet, thence turning to the left and proceeding S 64' 00' 40" W a distance of 13.55 feet to the point and place of beginning. Parcel F as depicted on the Plat, a triangle that is part of the southeastern portion of the land and premises of the Grantors and which is bounded on two sides by land now or formerly of the Grantee, and which is bounded by the lines described by the following metes and bounds: Beginning at a point that is the common point among the land and premises of the Grantors, the Grantee and land now or formerly of Atkins, which point is marked by an iron pin; thence proceeding N 35' 21' 00" E a distance of 55.00 to a point; thence turning to the left and proceeding N 11' 45' 00" E a distance of 10.99 feet; thence turning to the left and proceeding S 31 ° 28' 55" W a distance of 65.22 feet to the point and place of the beginning. Meaning to convey 289 square feet, and being one of two deeds meant to adjust the property lines of the Grantors' parcel so as to comply with setback requirements of the City of South Burlington Zoning Ordinance and to do so without changing the aggregate area of the parcels owned by Grantor or the parcel owned by Grantee. Reference is made to a second set of deeds by and between Grantors and Harold G. McCann of approximately even -date that also reference the Plat, and which deeds are made for similar purposes Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. The Property is conveyed subject to the rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley to the extent not otherwise extinguished by the Vermont Marketable Record Title Act (27 V.S.A. §§ 601-604). , TO HAVE AND TO HOLD, said granted premises, with all the privileges and appurtenances thereof, to said Grantee Fire District Number One, and its successors and assigns, to its own use and behoof forever; and, that said Grantors, Richard T. and Rebecca B. Cassidy for themselves and their heirs, executors and assigns, do covenant with the said Grantee Fire District Number One that until the ensealing of these presents, they are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that the premises are FREE FROM EVERY ENCUMBRANCE; except as may be noted herein; and we, Richard T. and Rebecca B. Cassidy do hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever. �,to N WITNESS WHEREOF, we hereunto set our hands and seals this � day of 003. In the presence of: 1 STATE OF VERMONT CHITTENDEN COUNTY, SS. A-J ,cam- '9 • Rebecca B. Cassidy At in said county and state this Q — day of e►6e , �UO3, personally appeared, RAhard T. and Rebecca B. Cassidy and they acknowledged the signing of this instrument to be their free act and deed. Before me, \\Server2\Data\DOCS\RTC\Lyons ave\Cassidy to FDNO Warrdeed.doc 2 �, -1 A % . Notary ub is My Commission Expires: 2/10/07 VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES (PLEASE TYPE OR PRINT CLEARLY) MONTPELIER, VERMONT 05609-1401 'SELLER'S(TRANSFEROR'S)NAME(S) COMPLETE MAILING ADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. Richard T. Cassidy 5 Lvons-Ave._ Ci o Rebecca B. Cassidy _ South Burlington, VT 05403 13 BUYER'S (TRANSFEREE'S)NAME(S) COMPLETEMAIUNGADDRESS FOLLOWING TRANSFER SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. Fire District No. 1 114 Central Ave. South Burlington, VT_05403 PROPERTY LOCATION (Address in full) 5 Lyons Ave., South Burlington INTEREST IN PROPERTY 1. Z] FEE SIMPLE 3. ❑ UNDIVIDED 1/2INTEREST 5. ❑ TIME-SHARE 7. ❑ EASEMENT/ROW 2. ❑ LIFE ESTATE 4. ❑ UNDMDED_-_%INTEREST 6. ❑ LEASE 8. ❑ OTHER_ LAND SIZE (Acres or fraction SPECIAL FACTORS: HAVE DEVELOPMENT RIGHTS BEEN CONVEYED _z NO YES thereof) 289 S ft. q' ___ WAS SALE BETWEEN FAMILY MEMBERS X NO YES STATE RELATIONSHIP FINANCING: ❑ CONVENTIONAUBANK -LT-OWNER FINANCING �THER _ ------------- BUILDINGS ON PROPERTYAT THE TIME OF TRANSFER (CHECK ALL THAT APPLY): 1.RR NONE 5. ❑ FARM BUILDINGS 9. ❑ STORE 2. ❑ FACTORY 6. ❑ MULTI -FAMILY WITH ( I DWELLING UNITS 10.❑ OTHER __------- NUMBER' TRANSFERRED DESCRIBE 3. ❑ SINGLE FAMILY DWELLING 7. ❑ MOBILE HOME YEAR______ MAKE SER.NO.___ 4. ❑ CAMPIVACATION HOME 8. ❑ CONDOMINIUM WITH (INSERT ) UNITS TRANSFERRED - NUMBER CHECK WHETHER THE BUILDINGS WERE EVER ❑ OCCUPIED ❑ RENTED ❑ WILL BE RENTED AFTER SALE -- .. - RIMARYUSE OF PROPERTY BEFORE TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3. ❑ CAMP/VACATION 5. ❑ OPERATING FARM 7. ❑ COMMERCIALINDUSTRIAL DESCRIBE 2. J@ OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENTUSE 8. ❑ OTHER _ -- - DESGBIBE PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): 1. ❑ PRIMARY RESIDENCE 3.❑ CAMPNACATION 5.❑ OPERATING FARM 7. ❑COMMERCIAUINDUSTRIAL ____ DESCRIBE 2. JM OPEN LAND 4. ❑ TIMBERLAND 6. ❑ GOVERNMENT USE 8. ❑ OTHER _ DESCRIBE WAS PROPERTY PURCHASED BY TENANT NO ------ YES DOES BUYER HOLD TITLE TO ANY ADJOINING PROPERTY_ ---NO--_ YES CURRENT USE VALUE PROGRAM: IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO ALIEN OR OTHER RESTRICTIONS UNDER THEAGRICUL- TURALAND MANAGED FOREST LAND USE VALUE PROGRAM CHAPTER 124 OF 32 V.S.A. ❑ YES NO NO _ IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONSAND COMPLETE SECTIONS M, N, AND O BELOW. TOTAL PRICE PAID FOR • 3,500.00 3,500.00 PRICE PAID $ PERSONAL PROPERTY E _ REAL PROPERTY $ REALP PROPERTY STATE TYPE OF PERSONAL PROPERTY IF PRICE PAID FOR REAL PROPERTY IS LESS THAN FAIR MARKET VALUE, PLEASE DESCRIBE: MAKE CHECKS PAYABLE TO: VERMONT DEPARTMENT OF TAXES amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FORALL TRANSFERS rVERMONT $ 43.75 CQUIRED 1 / 3 / 2000 LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS ON PAGE 4 OF THIS BOOKLET 3 CONTINUED ON REVERSE SIDE THIS SECTION TO BE COMPLETED BY TOWN OR CITY CLERK TOWN/CRY ACKNOWLEDGMENT TOWN NUMBER DATE OF RECORD RETURN RECEIVED (INCLUDING CERTIFICATES AND BOOK NUMBER PAGE NO. ACT 250 DISCLOSURE STATEMENT) AND TAX PAID. LISTED VALUES GRAND LISTYEAR OF PARCEL ID NO. SIGNED_ CLERK GRAND UST CATEGORY DATE FLIKIIII Y 1.1 (e/O1) RATE SCHEDULE 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions)................................................... b. Value of property enrolled In current use program............................................................................................... c. Value of qualified working farm.............................................................................................................................. d. Add Lines la, b and c............................................................................................................................................ e. Tax rate............................................................................................................................ ................................... f. Tax due on Special Rate Property: Multiply Line Id by Line 1e.................................................................................. 2. Tax on General Rate Property: a. Enter amount from Line O on front of return............................................................................................................. b Enter amount from Line 1d of Rate Schedule above................................................................................................... c. Subtract Line 2b from Line 2a................................................................................................................................. d. Tax Rate............................................................................................................................................................... e. Tax due on General Rate Property: Multiply Line 2c by Line 2d.................................................................................. 3. Total Tax Due: Add Lines 1f and 2e and enter here and on line P on front of return ............................................................................. a. $ __0.00__ b. S 0 c. $ 0 d. $ 0.00_ e. ___ 0.005 - f. b _ __ 0.00_ 2. a. $_3,500.00___ b. $ 0.00 c.5 3,500.00 d. 0_0125 e.$— 43.75 3. $ __ 43.75___ LOCAL AND STATE PERMITS AND ACT 250 CERTIFICATES Buyer(s) and Seller(s) certify as follows: A. That they have Investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations and wastewater system and potable water supply rules under Chapter 64 of Title 10 pertaining to the property may limit significantly the use of the property. C. That this transfer is In compliance with or Is exempt from the wastewater system and potable water supply rules of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Permit No. ________ and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the wastewater system and potable water supply rules because (see instructions for exemptions): a. Parcel to be sold: Exemption Number __§4slift §1-403(a)(12) ___________ ___ b. Parcel retained: Exemption Number Seller(s) further certifies as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No.----_ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from Line D in instructions) E. That this transfer dseeidoes not (strike one) result Ina partition or subdivision of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the town clerk (see Line E instructions). WITHHOLDING CERTIFICATION ❑ Buyer(s) certifies that Vermont income tax has been withheld from the purchase price and will be remitted to the Commissioner of Taxes with Form RW-171 within 30 days from the transfer, OR that the transfer is exempt from income tax withholding for the following reason (check one): ® 1. Under penalties of perjury, seller(s) certifies that at the time of transfer, each seller was a resident of Vermont or an estate. ❑ 2. Buyer(s) certifies that the parties obtained withholding certificate no. ______________from the Commissioner of Taxes in advance of this sale. ❑ 3. Buyer(s) certifies that this is a transfer without consideration. (See instructions for Form RW-171). ❑ 4. Seller(s) is a mortgagor conveying the mortgaged property to a mortgagee in a foreclosure or transfer in lieu of foreclosure, with no additional consideration. Y SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SI URE S DATE BUYERS SIGNATURES DATE I/MAO) Richard T. Cassidy Fire Dis ict Q ' Rebecca B. Cassi y ` o l/ Preparer'sSig nature _ Preparer'sAddress _100 Main St., Burlington, VT 05401______ = Prepared by _Hoff Curtis ___ Buyer's Representative _ Tel. (Print or Type) --- --- Keep a copy of this return for your records. State of Vermont Department of Fish and Wildlife . Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist October 13, 2003 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Mike Russell, Esquire Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims, P.C. P.O. Box 1124 Burlington, Vermont 05402-1124 OCT 15 2003 10 Subject: Boundary Line Adjustment Pursuant to Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules Effective August 16, 2002, Subchapter 4, Section 1-403(a)(12). Cassidy, McCann, and Fire District Number One in the City of South Burlington, Vermont. Dear Mike: This office is in receipt of a request for a review of the proposed boundary line adjustment involving three pre-existing lots, each owned by Richard T. & Rebecca B. Cassidy, Harold G. McCann and Fire District Number One, located off Lyon Street in the City of South Burlington. It is my understanding that the each lot is a pre-existing exempt lot as defined by the Environmental Protection Rules, Chapter 1, Subchapter 2, Section 1-201(a)(23). Further, the Cassidy and McCann lots each contain one single family residence served by municipal sewer and water services and the lot of Fire District Number One is undeveloped. Your request is to convey 168 square feet from Cassidy to Fire District Number One, convey from Fire District Number One to Cassidy 276 square feet, convey from McCann to Cassidy 208.5 square feet, convey 208.5 square feet from Cassidy to McCann, convey 13 square feet from Fire District Number One to Cassidy and convey 121 square feet from Cassidy to Fire District Number One. The information provided me includes the plans Proj. No. 007001, "Plat Showing Survey of Property of Richard T. & Rebecca B. Cassidy, Harold G. McCann and Ronald L. & Jean M. Pepin" dated 4-17-00 and Proj. No. 037005, "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District #1 and Harold G. McCann" dated 6-23-03 prepared by Vaughn C. Button, Land Surveyor. I have determined that this proposed minor boundary line adjustment would result in a negligible effect on the potable water supplies and wastewater systems serving the residences on each of the Cassidy and McCann lots and the ability of the lot owned by Fire District Number One for the installation of a potable water supply and wastewater disposal system. Therefore the boundary line adjustment qualifies for the exemption under Section 1-403(a)(12) of the Environmental Protection Rules. Mike Russell, Esquire October 13, 2003 Page 2 A copy of the diagram showing the existing and proposed boundary lines and all affected potable water supplies and wastewater systems must be filed in the City of South Burlington land records along with a copy of this letter. Please note, this letter does not relieve the landowner(s) from obtaining all other applicable state or local approvals. Please contact me if you have any questions. Very truly yours, a me hristianson Regional Engineer c City of South Burlington Gerald Desautels, Esquire Fire District Number One It 11 Overlook Pk Burlington, VT 05401 Mr. and Mrs. Richard Cassidy 5 Lyons Ave. South Burlington, VT 05403 April 10, 2007 Re: Construction at 5 Lyons Ave. Dear Rich and Becky: This will confirm that we are the owners of the residence located at 3 Lyons Avenue in South Burlington, Vermont. We have reviewed the Erosion Control Site Plan prepared by Civil Engineering Associates, Inc. and dated January 2005, for use in connection with the construction of your new home at 5 Lyons Avenue in South Burlington, Vermont. We are familiar with the erosion control measures proposed in the plan, and we understand that some of these measures will need to constructed and maintained on our property at 3 Lyons Avenue. We agree that you may construct and maintain erosion control measures substantially in accordance with those shown on the plan on our property during the term of your construction project. erely, (,I, — Lori 9412.061.ChaffeeHayes.ltr.doc Sincerely, Mark Chaffee l 7 Beach Crest Burlington, VT 05401 Mr. and Mrs. Richard Cassidy 5 Lyons Ave. South Burlington, VT 05403 April 10, 2007 Re: Construction at 5 Lyons Ave. Dear Rich and Becky: This will confirm that I am the owner of the residence located at 15 Lyons Avenue in South Burlington, Vermont. I have reviewed the Erosion Control Site Plan prepared by Civil Engineering Associates, Inc. and dated January 2005, for use in connection with the construction of your new home at 5 Lyons Avenue in South Burlington, Vermont. I am familiar with the erosion control measures proposed in the plan, and I understand that some of these measures will need to be constructed and maintained on my property at 15 Lyons Avenue. I agree that you may construct and maintain erosion control measures substantially in accordance with those shown on the plan on my property during the term of your construction project. Sil c V I aro d (JV'. McCann 9412.061.McCann.ltr.doc CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 2, 2007 \drb\misc\beaudin\beaudin_onditional_use.doc Application received: March 22, 2007 MISCELLANEOUS APPLICATION #MS-07-03 5 LYONS AVENUE Meeting Date: April 10, 2007 Agenda # 5 Owner Property Information Richard & Rebecca Cassidy Tax Parcel 1080-00005 5 Lyons Avenue Queen City Park Neighborhood South Burlington, VT 05403 Floodr)lain Overlav District Applicant Marcel Beaudin 102 South Beach Road South Burlington, VT 05403 Property lines shown above are not accurate and are in the process of being updated. Please use them for reference only. Marcel Beaudin, hereinafter referred to as the applicant, is seeking miscellaneous approval to raze a single family dwelling with a building footprint of 1625 sq. ft. and replacing it with a new single family dwelling with a building footprint of 1872 sq. ft., representing a 15.2% footprint increase, 5 Lyons Avenue. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on March 22, 2007 and have the following comments. Table 1. Dimensional Requirements CP Zoning District Required Prop!! d Min. Lot Size 7,500 SF 10,730SF Max. Building Coverage 20% 17.4% Max. Overall Coverage 40% 30.8% + Min. Front Setback 10 ft. 8 ft � Min. Side Setback 5 ft. 5 ft. Min. Rear Setback 10 ft. 15 ft. zoning compliance zoning non-compliance 1. The plan shall be revised to respect the appropriate front setback limitation. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. " 2 The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. Staff has already noted its concerns about the dimensional standards of the zoning district. The required front setback is not being met. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations the proposed conditional use shall meet the following standards: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement. 3 (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. Parking is to the front building. However, given that the nature of the project as a single- family residential use, staff finds this layout acceptable and in harmony with the rest of the neighborhood. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The applicant has stated that the proposed structure will be two stories and 18 feet in height, which is in compliance with Section 4.07(E) and 4.08(F) of the Land Development Regulations. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant has not submitted building elevations; plans should be provided at the meeting. (t) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The applicant has not submitted building elevations; plans should be provided at the meeting. (g) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access easements as part of the proposed project. (h) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall CI be located so as to have a harmonious relation to neighboring properties and to the site. Staff has already stated that any new utility lines, services, and service modifications shall be underground. (i) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). As this is a single-family residential lot, it is unlikely that this criterion would apply. Q) Landscaping and Screening Requirements The proposed project does not require additional landscaping or screening under the SBLDR. Furthermore, no trees or shrubs are proposed to be removed in order to accommodate the dwelling and so none are required to be replaced. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed construction shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed structure is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 15.2% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. 5 The applicant has submitted an erosion control plan. However, staff notes that the plans contain notes for erosion control measures on the adjoining properties. Given the dense nature of the area, this is not unusual. However, the applicant should provide evidence that the adjoining property owners have given consent. 3. The applicant should submit documentation demonstrating consent for erosion control measures to be placed on adjoining properties. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan indicates that all trees will remain and meets this criterion. OTHER The retaining wall is an accessory structure and cannot be located closer than 5 feet to a property line. 4. The retaining wall shall be removed or otherwise relocated to be in conformance with the SBLDRs. RECOMMENDATION Staff recommends that the Development Review Board deny Miscellaneous Application #MS-07-03 as presented. Resp { Ily submit R y d J. Belair, Administrative Officer Copy to: Marcel Beaudin, applicant Richard and Rebecca Cassidy, property owners n. O EXISTING PUMP STATION - ` I 1 1 r \� 1 0 ' WALLNING (TYPICAL) — \ f TOM 1rFFE TRESHOLD — — : ELEVATION 127.e5' 1 / / / ! EXISTING -_ _ \ // 2 (SEE/NOTE 2) , / _HOUSE_I(/ WILLIAMS LAKE CHAMPLAIN «mms wr eau-wx aname \ \ \ \ I\ I EXISTING \ DECK \ ` \ (TO REMAIN) V. 4 \ r It EXISTING HOUSE ___.(TO BE REMOVED -- -- .--- /. /: / / / 1 / E%. ABOVE GROUND -- FOUNDATION TO --- - - / / / / / / / PROPANE TANK _. BE RE-UnLIZED) / ! i FIRE DISTRICT # 1 / v X y� / v `I I k r / GRAPHIC SCALE ATKINS ( IN FEET ) i inoh - 10 ft. LEGEND -- 33e--- -- EXISTING CONTOUR 336 PROPOSED CONTOUR — — APPROXIMATE PROPERTY LINE — — — — SETBACK LINE O IRON PIN FOUND • CAPPED REBAR FOUND O CONCRETE MONUMENT �} PROJECT BENCHMARK (SEE NOTE 2) 0 TRAVERSE POINT — — — OE — — — OVERHEAD ELECTRIC — — —ST— — — STORM DRAINAGE LINE ® PROPANE GAS TANK ¢ POWER POLE CATCH BASIN i LIGHT POLE DECIDUOUS TREE CONIFEROUS TREE EDGE OF BRUSH/WOODS —, FENS E RECEI\IE MAR 2?2„), �ui I CitY of So. Burlington NOTES 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the .surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. The benchmark of 127.85' Is located on the threshold of the -let floor of the front entrance subject building and Is based upon a Lake Champlain water elevation of 96.38' as reported. by the King. Steet Ferry Dock on Jan. 12th, 2005. 3. This plan Is not a boundary survey and Is not Intended to be used as one. 4. Property line Information is based on a plan entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, prepared by Button Professional Land Surveyors, P.C., dated 10-22-03. Monumentation found was consistent with the recorded plat. 5. This property lies in the Queen City Park Zoning District. SITE ENGINEER: ���' CIVIL ENGINEERING ASSOCIATES, INC. P.O. BOY 486 SHELBURNE, VT 06482 coPrnanr waa - Au, aaeTs ssacavao DSAm+ JSO cneCl[e0 v JLM JLMP11 / OWNER RICHARD T. & REBECCA B. CASSIDY PROJECT: PROPOSED BUILDING ADDITION LYONS AVENUE SOUTH BURLiNGTON VERMONT LMr CH —A]" ;OUT BULLING ON LOCATION MAP DAM[ I CNSCSBD RNISIUN EXISTING CONDITIONS SITE PLAN l—. 2005 u.—v NunDED = 10' ll iC1 " PDOI. — 05104 O EXISTING PUMP STATION �b z \ r McCANN EXIS7711��4lC CAT \ _ ST TO BE _ RELOCC�TED ._ .. \ P�\E I r.N EXISTI G DRIVE / ,y TO BJg RELOCATED—:--EXISTING----\n I `, roV INSTALL EROSION _ HOUSE CONTROL MATTING ON15 — SEE EET BALE INLET C3 ALL DISTURBED AREAS — HAY PROT5EHGON' FAITH SLOPES >1:3 .. FOR, DETAIL LOAM, SEED & MULCH ALL DISTURBED AREAS (SEE SHEET C3 FOR APPLICATION RATES) or D T` \ z INSTALL SILT FENCE PRIOR TO CONSTRUCITON AND MAINTAIN UNTIL SITE _ IS STABILIZED (SEE SHEET C3 FOR DETAIL) EXISTING DRIVE i AND STEPS TO --- — i (IU BE REMOVED) BE REMOVED .—_ - —teu d rrr E;+ .LOAM, SEED & MULCH EXISTING IsEE ALL DISTURBED AREAS HOUSE (SEE SHEET C3 FOR APPLICATION RATES) PORTION OF DECK TO BE REMOVED ------ WILLIAMS PROPOSED HOUSE CASSIDY ,///- / I 1872 SF %� u/ let FFE-120.75 usDERa+ouNo "/ l tt�� C / j / GARAGE FFE-120.00 PROPANE TANK % IY To HCJSE '''��� I REV ED E%. ABOVE GROUND PROPANE TANK J fIE.R -UTIU ED) ).v d . ,• // /' / // LOAM,, SEED & MULCH D AREAS - ALLISTURBE i/ / I (SEE SHEET C3 FOR APPLICATION RATES) NO DECK (TO REMAIN) -''..\ / C / FIRE \\ %r dK in' w / DISTRICT #1 a \ \�\j: \\ \\ \ \ INSTALL SILT FENCE LAKE \ \ �' PRIOR TO CONSTRUCITON CHAMPLAIN \'1� 4"� t� , / i 1z 41 t� \ \ AND MAINTAIN UNTIL SITE or.-...x iomrv» \ �� \ �� _ \ IS STABILIZED (SEE \ �-' SHEET C3 FOR DETAIL) ATKINS GRAPHIC SCALE MEN ( IN FEET. ). 1 inch . 10 tt LEGEND - EXISTING CONTOUR 336 PROPOSED CONTOUR — — APPROXIMATE PROPERTY LINE — — — — — SETBACK LINE 0 IRON PIN FOUND • CAPPED REBAR FOUND o CONCRETE MONUMENT PROJECT BENCHMARK (SEE NOTE 2) TRAVERSE POINT — — —DE— — — OVERHEAD ELECTRIC — — —ST — — — STORM DRAINAGE LINE © PROPANE GAS TANK 10, POWER POLE ® CATCH BASIN f LIGHT POLE DECIDUOUS TREE CONIFEROUS TREE EDGE OF BRUSH/WOODS —• FENCE — — — — — SILT FENCE LIMITS OF DISTURBANCE RECEIVEC MAR 2 2 2C"7 City of So. Budington NOTES 1. Utilities shown do not purport to constitute or represent all utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. The benchmark of 127.85' Is located on the threshold of the let floor of the front entrance subject building and Is based upon a Lake Champlain water elevation of 96.38' as reported by the King Stoat Ferry Dock on Jan. 12th, 2005. 3. This plan is not a boundary survey and is not intended to be used as one. 4. Property line Information Is based on a plan entitled 'Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, prepared by Button Professional Land Surveyors, P.C., dated 10-22-03. Monumentotion found was consletent with the recorded plat. 5. This property Iles in the Queen City Park Zoning District. SITE ENGINEER: 4rw"L CIVIL ENGINEERING ASSOCIATES. INC. P.O. BOX 485�SHEL URNNE�V06482 COPnaGRT RESERVx DRA1rN JSCI CBMxED N.M1,y " �(W 4D / JLM APPROVED JLM OWNER: RICHARD T. & REBECCA B. CASSIDY I UOJE( i PROPOSED BUILDING ADDITION LYONS AVENUE SOUTH BURLINGTON VERMONT eU 1 GrON t: sou au •r N ' PROJC ', •�� T LOW— uEE� c�Nw� iN SOUT BULLING ON LOCATION MAP DATE CBECIRD SIMON 3/20/07 JSO REV. PROP. BLDG. & EC PLAN EROSION CONTROL SITE PLAN UATE JAN.,2005 k�Fl�4' M1UNDk; P. seas 1 " = 10' C2 rea. Nu. 05104 EROSION CONTROL SPECIFICATIONS PART 1 - GENERAL 1.01 SUTAMARY A. Sao m Include, 1. 1..a.k under UN .Ilion haudee Out 1. n t United to p,OOMm' all had", •pulpm.l and mata,lal. tar he In.11- kn of all '.'1 et. related ...Ian sense maaearoe 1. It not be IN Strict mrpled m the plane. testae ,antra Mall b m atrkt eanrtment I e U. I.tal nN,bn I U. Veroanl Department H Edhoss. td C«.arwlbn Eroekn Cantrd Hmdboak. 1.02 GENERAL NOTES A. The dlecharge of .edNnenl laden wotw hum the pojpl We Is Wanaltso. All discharged wler from d•eate, 9 dl ..at-. shall phmg. Into a lam...... wdunselallon bash. B. Canb.clor shad be ..Pon... far ndppting antl aalntalnhg all aroson central memse" until proMct is ca.plated. C. CanV«lor Nail Ih It he ask d"Wrbanse and ase mg Poplkatkn dates to bl,sen Apra let and Wasx 150. If ach dtmome. occurs later in. Octaber, 15M and prim to Apra It, ..I. erasion cots mead le. sell b --I D. All .,..Pa. m.hard (tpsoA. Iprow, la.) will nor a bay ads f. ar Of herds Imad,dated mound the pay'm ter. Ssed and ukh et«kpled m.txal n. Sam a pwebia to pewnl sea araalan red eecilm , alon off ell. Local. el«plteS an the uphill aide of the disturbed ones 11 p«a1N. During alndy conmlbna, et«SNOW mal•Hal Nall be ce-ad ar watered opprprbtdy to present Mad eroakn. E. SIpw grwlr than 1:3 Shall raw ropim carrot. nt11 9 h+taled to e1N11ie the same and red«a me .renter patpllal. Mauch metim, ow mulated Mapes 11 that all Stan .1.0.conb3'o.. 1. fth the h na IN a--, plan Nn wR Ing Sarkis.. F. 1,,ldl hay bale, m praes-Ilned seal, 50 fast on center to wnebuclbn.fr Hay baldiag, each beenm d Caul, wgkallla, It established. G. Salt anal NNI be Irtall. sung the bass of all All Mpse. Thal, and r.mdn h piece data the 010j.ct all, has be..tabilied. N. Central dust grpgh the p0lwtkn of cacao World• or .our. An o,eroga applkotkn of ane pound al solckm chlorke Dar aquae yard of ergoeea area mould be ,onallke tar wee treatment The Bract number of "'Pe" time and "Wilt Of dust "It"' small be based s n mdmnx era ehor cmdI0am,. It Not be spread In ollohed awr lb mtk, a,,, ON ion It(amdsred"at h4ham r placed. le i. Ad dathli aed, •hall raw a mmlmum of 4 Inches of too, placed before being Saedad and mulch.. 1.03 CONSTRUCTION SEQUENCE A Prior to my ...-ton. the .It. of can.lr.aten Shdl b setaM W byY Me CanlreclIS bowl en Fall' grace etas. NO Ilmll. Ndl b confimed In in. Old by he Oser or his wass iw. S. Erosion. -thas,t and dtantlm men..... Nall be metalled prior . my e m moving peralkn Mat will hau.n.. C. Al pamada dltcneS, ales, and sed.ent bosnt ,hall be ,tab nl:.a prior to dwwtmg ruraff to them, 0. gram and dlpose of dlte,. 1. A-w tamp. la do appov. l«ohm. E. IN, emdAest penllace men of land .all be epl, od at my It, lima F. metal proposed ut1111e+ a, Shown an the plan,. C. Grose and growl raddOOrp d podlag hen, -all rood, and ".king OraaS Shall be alapplied Immedbldy PASS gmdhq. H. SIGN permanent and temporary -,In .d mdanmyy. AA cut d AN solle Shol be deal and mulch. Imm.lalsly INTO, the cmtrvction. I. Coneaucl WrO. ddlawelk and flush pow IN roadway, and "ng lot. J. Carnplele permm nt ,esdhg and lamd.cpmg. K. RrmOn, lrpP. Sediment, hem collector deNce, as pproprlale and then rase- temporary was. control PART 2 - PRODUCTS 2.01 EROSION CONTROL NETRNG A Jula 00d; .al metal of mdys0 and ..Maached yarn . Sun orb a .alf.m . plain wow m,h. a p 2.02 EROSION CONTROL MATTING A When rpulred on the plan, Or snare dhwted by We Erpinas, woaantra m ,bleakal. (mllny) .hcl be NaM American ai Weal C125 far des, and SCISO far spo stabNzallen, Or Psi pu1,a.L 2.03 CALCIUM CHLORIDE A. Cdckm chl,Hd, Nall conform it, the 4q,hemart, of AASHTO M 144. Either regular flake edakm cMorid. Type I Or "ancitan.tedl Asks, preset or oVar granular .1ckm chimba. TWO 2, may be used. 2.05 WATER A AS ater used and be own and hen of harmful ,noun of a. eat. eddl., east.. Sugar. argank matter and other b.l.c.. top".. to the mishad Prddual, plant Ilf. Or MS wtabliem.l of vspelatbn. PART 3 - EXECUTION 3.01 HAY BALE CHECK DAM AND INLET PROTECTION A. Sales shall be placed In a row with .dal tightly abutlrg the .jac.t bale.. Each bell Mall be Imaedd•d h the Sall pminknhm oI 4 hch... Seise Ndl NO,.sleety mahh. In ass by stakes P, rS ar ales, U,wgh the bales. The Mat 'lake In each bale SNA he driven lalord In, ,a ally lad had. Id race the base tpalher. 8. ad. moll as '.'eared ar rso .. ale need.. Once Ve t.ban I. astobianed Oad the base are no lmgW NSS.d or erasion control, in" Nap be removed. C. Sediment deposits that a,a Femowd or left h pow tie, the barrier hoe been damonlad el dl be graded to owfwm with the All tap.q,.phy .d v g't.td u.hg the pprdprld. vpelolhW bet manpampl a- UK.. 3.02 SILT FENCES A. Th. all Lose anal be .ensWclad thmoardanw MM it'. an.Mlction detaa. The tans. shal ganxaly be plaa,d 10 lest ham The 1w of the elape o, a. shown an the plant. Th. and. 01 the her. Nall be placed uphll to loan a bar.... +bps la trap all runoff. B. NO slit f.sae hall be Iassacl.d parbdicelly far damage Or build-up of ,adimer s. All damped leans Nall be npaNsa reploaed. Claimant dpoeib has be ramowd from the Iww ale they build up and be placed In an arse when. man. I. na danger of arlher erodm. 3.03 EROSION MATTING A. EroNan maltnq .al a. plac.d an all grail -lied dlich., with profs• Wad.. a .sohy 5.C% antl Slid be planed and maintained In «,-dons. with In, mmubalur.", 'eamn-mictioral. 3.04 RESTORATION A. As so as grading la completed In a glwn Brad. It Null be uShOtathI w lhh 12 had. vi compl.um by m• or The /alewhq main- t. Mans al in, project wee, hs not la be rpra4ed Or disbursed Null asseed. eS p«red m M. permanent aeedhg wolkn. 2. Araae of the hi m• to be Nall tmm 1, and .I. ONb regraded Orothxwlae dlalurbad late. during con -at an Noll be ot.11:ad a. peopled In Ine Temporary Ssedmq Secli«. 3.05 MASS -LINED DITCHES A. AN dltchee than de at ton.-Ilwd Non be 1plawd, Sell a.tlllzed and mulched An we, ahkh .hall air, of -1..01 be reN.ed same dItaly and malnlahad urll permanent vpet.kIm Is setshl"had. 3.06 OUTLET PROTECTION A. IN. Subgrade tar U. After mo1Hel. gsat•tb labrk IS HV .all be dedi and grabbed to ramose a1 oca. _I. Nan. and -He .1 hearad to the Anal and Weded Now an the plane. B. The rock used far rape NNI cadoml to the p.lAed Wad.11m In the malnag...It- C. Gaol..11ls latek, NNI be pnt.0.a from punolh. ar leolag during pl«eomt of the rdo, rips" by placmq a euNlon of land and grads ew th. taste "'Top.d a m U. lairs. anal be r.ppked ay pl.lnq a pleas I ads van he damaged area IS by canplel, rwiftla set of he Thick w . All olp"I".. rsauked tar ake a khInp lao plecee of bark shall be a ...am of 12 chw. D. $tm, for the ralp may be placed by equipment and Shull be wn.lrucl. la the NII lay.' 111c ned, 1 m pwallan and n ale era. to pnwnt dllpiocemanl of the undl,dyMq ummm.IMlo. on Hand placement may a :bbe r-Old to Pr,wnt Eamoge y permanent I E. Sump Ian Faro all be legal. or Oubangui 1. NO tow Nould be Shped + al the lst dlri of the tare Irogm- 1 .all be at Da Ianth an an dre-th"d of the grwlsel dhnanaten of the fragment. Flat rank' Mal not be a.. fen rlpep. F. Vold, ON the - rW p Should be Nled with all and anWXer «k-. 3.07 SOD A. Mew to be a.- .It he brought to Wade w11h 4' nah..m td ..R. B. Una. .4 WIN- Nall be .piled IS par file eeedhp secliane of the pealkotlers. 3.08 LEVEL SPREADER A. me level prouder Noll a. san.huct. h «cordance MV the der'Wclbn datca. B. Tb lard spaader Noub b chuhsd perbdkaly and otter lwy jor storm to determine, It US la he. b.se damaged and to dslarmh. Val One dl..t canditlon. new not charged. My .."Onsate a.hnanl «Wrnultbn Should b rernowd. It 'Wing has laic. view an m. I„, m. m• damage NWIo be , pan. and n-wgstolad. The p•lall1 No04 Na mo-d .casloaally to con0d seed, onI the lnoroeshment of windy wpat A" Clipping - mould be r send and dlpo,ed of .tads the spr..w and dedy from Nhe ptlet FWUlzatlon Mauls be done a. nwhes.1y to ksep AN, wgolalbn hedthy antl deal,. 3.09 MAINTENANCE A, AN waahm contra maaw,se NNI be mah 1. -sally and 'paved and/o .edheld as rased. S. All woMan contra m.OSu.w Nall arthspecled otter period. of h.vy roar. C. MI edimmt aantrol m r Noll b•, erlddkal: Nsanstl. Meth the In= n awd to a . I...Non o ss to invent .tatlm of nowra water rays. D. Nay or sands mulch I, .u?,t to wind ,Ilan. Mulch may W r•v, andlwlnq as he lath. th. cmdltl., warren t. 3.10 W WR CONSTRUCTION A. It. We to The I'd t schScala =a :Im during lb saler -Th. I n• :Y. lb Can I., I, and, lot.. earls, cm.truclkn p«soun, at a mmlmum but not linthl to the I.al., 1. MInimii. dllu,bmc. hastens. Octawr and Moy. 2. All xodNall 1*en central mso.ur.. Nah platy plan to On. '..ad O'•snq. J. Mulch Nall be applled to all dtetu ad a. at a at. of 90 pound, par 1.000 e'a- het Tha Conrad" Nall anhl,ln all arse. Inol me mulched unto parmmpk d,,dAdn arm be established. TEMPORARY SEEDING SPECIFICATIONS PART I - GENERAL 1.01 SUMMARY A. Sacth n Includes: 1. Furnahing al labor, mcards and ".1 menu to adanprotectiontagoln t adod-air.,scua, < temporary ,mica. 1.02 GENERAL NOTES A Adequate Cosa had preparation, use of Wally wad, and Unawy plmllnq he reacted to ochlew rally Blend at wg.tallan to aonbol -on. PART 2 - PRODUCTS 2.01 GENERAL A. At 0 mhkndm, all p.ute Nall meet the 1.0ramente of the Permanent Seeding SOON - PART 3 - EXECUTION 3.01 SEEDING CONDITIONS A. AN a,smilal Wading and al hmparmy structures, such as ilw.kn. den.. 411chw and ;Oh. needed to Drewnt gullying and reduce agiatlm. Should be cmnpletW prior to seed". S. Real alone$ and tram That all Interim. aIU Seeding the men. Wear. fsoable, till the log to a depth at about J nc Ihes to prepare a seed hama d and Iertiliier hto the eo1. The seed batl should be felt In a Arm and w. candltkn. The last lAlape apmalkn should be p.rr.m.d .rose a eI.,. Nerowr practice. 3.02 FER1IU2ERS A. Fast.- Sh.14 b uniform) wad, aw Ina men pIcr to sing ha=Prted hto Ina sal A minknum of 300 pound. Dr ems (T Ier pound. I,000 puma Iasi) a1 10-10- 10 Maim, Or AS eWlwlsel, shards b. ppged. 3.03 SEED AND SEEDING A. So" and leading rotes may be selected from the labs blow In eras of the gal coup• the esedaq shall anfman Sam the .al,tesle rpuke..at r The eNectbn AI be based on the Alma f year Th, dhg 1, to be made and the [login f lima the vp.lallan a to afford In. "rot.cllm. The ... NWIO be pnad uniformly Ow the Brae. After seeding, the SON mould INSArmedby rdlhq a p«khere mg. W ralIng Orpaekhg le rat led, ., the .and mows be co . lightly by rakhg, -Ing. Or a.gghg. S. Plant Sdwtim and Seeding Rotes: Par low Special Pm Acre S0. Ft. Ramarka Anneal SO lbs. 1 Iha, Orawe WIeMy, Wet Is of Ry,gral ehor,'""'Ions Vale where ppemarwe we Important. Sse4 Sony pring and/or bet-B, August 15 and CKAPOer 15, Cow 'he lead with no mans Than 0.25 InW of Sul. p•rannq 30 has. 0.7 Ibs. Go. cow which IS longer Pm.- lasting than mnud yegras.� l, Sead D.Sen b-Sen equal 15 and or October 15. Mulching IA allow wading m_,haut the grotng Seed to a depth al appa.knotaly .$ Inch. 3.04 MULCHING A. Where A I. Mp«lkaae to .-met. I -INS, and head his moat pee, the Seetlad hen .odd be mach. to 1-111 ate -motion. 3.05 MAINTENANCE A. It th, red fate to grow, It may ...d to be re astate sal to prMde odaouat• ...I. conmOl. S, If wad. b... me a problem, they may need to be $.trolled by mowing. SECTION 02936 - PERMANENT SEEDING PART 1 - GENERAL I.ol SIIMMARY A. Section hdud,,: 1. Furnishing all labor, material., .d d aam.t to omptele all .eeding work ON shown an the da.inye and .p.11lea harsh. 1. Eaept "we otherwil, In,-n w pecified, the Contractor Nal .end ON mandwhxa a- .mt-. dre Ma. an the amleg. and all Breas snare ..Ni ground cow has been oiehatend by he Conb«lor'e prallone. B. All work and material, of this Saction Moll conform to the aplkabie re, rem,,, of the VAOT Standard spealAmtion,. Dlwlon ... 1.02 SUBMITTALS A. P-4de the fall-ing far pProwl PH., to ddiwy to the .I. 1. Shall Cd,1A le at Compliance atisethg that time. fwtM:w and wad meet the r.oulremente pecNle4. 2. Th. Cant'«tor shall p.Ad. rapraaart.Ni ipeog amploe for testing and a e-' deliver samples to a public o.lenelm 'druid, o0..y testing laboratory. how tsellnp rporl sent dir.tly to An. Lgntlacope M.Ntect and pay all coat, ThAlaq shall -I an me.anksl and Namlad (Pee wubl. SuI Is) analyse. Report .all be eabmltlad at lent me month NOT- any looming At to be din. 1.0 SEEDING SEASONS A. Seenla anund hit" fertilizing mall be alma er p betNwn Aril I an4 Je 1, betas. August 15 antl Octob15, male permitted. Sewing mall not be done during windy w.ther ora an the ground a k zed, aw*w,b,Sly w.t or othar.h. unlMade, If antral a done during July or August, .ditbnd mulch mtarkl may be rewkso by Um Engines, PART 2 - PRODUCTS 2.01 UME A. Uns. ... a..-almd. W amd dot-11. anestma, ,Vlou,lurd groat, containing a minimum of 95X of adcium and momseam com.ndl,.. 1001E an." Idea Me 10 Ind. .Men: anhhoum 901E Nal Rota the 20 mesM1 .lava; minknum 10% moll pass the 100 me. slew. 2.02 FERTILIZER A. Ferinna, Shad b cchmeraa grade granular lard"' as rspulred Is, son -Nation. .1 spwlMd In Spllan 613 of the VAOT Standard Spwin«/kn, Thd lartalix -N be dallwad to the .Oct.pNO as, clean, -led aontohen Much bear a label fully describing the «ntenle he cnemical lydS of .aca. whlenl. the Ixllllicr trade, the at bulk the brand old Me name oral address of the anar«w of m.'. fxt.l.. and lade Ndl «nfam to aI ad.thg $tale and Fetlral ragulotl«4 and .N malt Un tandmd. of th. Aesocktkn of 01116a Agricultural Cnsm.k . 2.03. GRASS SEED A. ProvMl &,a , dean, Ise -mop alb of the Wass 1pecie,, .proportion, and minimum mmoantagee of pu,lly, germination and mo.lmum pxdantagi of wend Swtl as follow, 1. Pak sasol NII narmoXy be used an Ipm anal Thle wed ml.bure shah conform to U. IOXalh9 I.I. Mnhsun Minimum Kind of Seed Pury, Gar .at- Lb,/Acre FH,ati Rso Fescue 961E 851E 40 P.sen. R,PNp 905 908 SO Kee ucky Blawaw .1. .1. 25 Radial, 95% SOX 5 TOTAL 120 2. Slope wad .It normally as used far all Napa sink, pally 3:1 or stapx and Mau cannon, to the Idlwmg '- ...am klhl-an Kind of Send Purify Germination Lb/Ame Gaping Red Fescue wx 85X 35 Persenlal Ring,... 981E 901E 30 Rei 95% SO% 5 AI.k. Clow 079 wa, 5 Bvdefodl T,efdl 98R 801E 5 TOTAL w SO B. The Ssed no Star. shall as ddhwad In sew, Nem. wi cmtahen. Leech .4 «mart. Nat am,- to aN state and F.dled lapWatkns, seed ends be subject to the testing prou.kns of the Aes«blkn all 011kld Seed Analyst. C. Se. that hoe become wet, madly, cr olher.iw damaged will be rejected. 2.04 MULCH A. Mulch must be ..tolled on al waded hen.. The IdloaInq much.+ a .lade Ide uB I. Noy mach hen of weed. and coax,, matter ata rate of 90 ..ad. Per LOGO $Won fall. 2. Oboe As. PPINed m a d Y (1/6' or lw'w) at a cal, of . sand. par 1,000 -he fall 2.D5 WATER A, All water heed eholl be obtained hem awn water sources and .hall be ban from h4rku, shemke and other last eabtancse harmul to plant III. No anal. ON. Is track"' wed be permitted at my time. The Conti«tor Nall Ideal to U. Engineer al source. of .alx at least t. Sulk+ priceto use. INS Emgmser, at his dbmetkn, may lake samples of the sole, at the aawce IS from the lark at my Ian• and raw a bbaraln,y test the henplss for Wdnlcd and Islas content. The Contractor andl not don any ante, from any sere. which I. diesppmW by in. Engineer Iclbelng Such. testa, 2.08 HERSIODES A A pre-se+er9mcs h.'bkWe, .Idwan (lupx.an), ehalf be applied to the ..ad 1peai II seeding I. to «our Orin, to Juan I. MIS type of harbkM. 11 elfacllw againstgamma mg seade - IU MAIs the plant, before they emerge to 0. Sea Surface, MISS Impletmlly, It sow net htwfwo eith HIS garmhdllan of cool ",am gleamed "an ale Kentucky Shl Wass and C-26 Hord Foloue. e. Appll«lian: Contractor Nall use e,0, core In handing, Sldm., aomm.ly known as '!.mean . NNI be applied at US an-fact ... r', nechnmai rote. 2.07 FINAL FERTILIZER A. 'UnNmA,' Or'Nibelarm' cantamhg Was nIHa,dn In a Now ,a- form. PART 3 - EXECUTION 3.01 PREPARATION A E-In. Trial, curb.. and grades. Do net start tee4ing wmk until ua.tWI«Tory candillon. he cant.. "I - shading ark only after panting end other a- aWedmq ground duns.. hoe been completed. e. Notify LmdecaP, Architect at least wren (T) egkhq days par to etantiag seedng. C. Precors prove knmadktaly prior to seedling as f011owe: I. LOasm Boll of ,end moos to a mmlmum depth of 4'. 2. Fa mow .t.w over 1' In any diameter and stake. -is, rvbbl.h and kmuslu. matter. 3.. Rh­a.1. Ing aeeda ale 9..... by pulling or Ulling under 4. Grand dred. to he waded to a sin«U. has d.mmg awn Surf«. all a lease, moderately worse la.Nn. 5. Remow rwge. and a dap, .+sIsm. as reauked to bon. 6. ROdi prepared mesa If eradad IS die ed prim le as.mg. 3.02 SEEDING CONDITIONS A. Seeding anal not be done s m, the ground As k zw. snow overed. muddy, or In any oanx ua..U.N.lory aandltlm far Painting. No .-Nag operation. Null be conducted under .wee wsomer aO moon. m ..a .dA moiatm. cohdllbns ut0,IS Owstal. (too Suet to. dry) Men eind....W 5 MPH. B. Construction methods Nat be those aetebllNaa IS War -lath, «wptaN• and Iss.... The Canlwclar .0 keep aA aWlvmanl and whkulh and p.dail traffic oil nt erase that haw base seeded to pewnt ...SePhs carpdcllon and damage to young plant,. IIIch corny«Nth nos «Curt., the Contractor..A -ark the ... to make a SuNPIN, wad bad; than reseed and mach Such mass with the All --a. of the apwlfled metal. at no ..fro ..pane. to the owners C Surface and seepage at. .to be m.had IS dlwrl.d ham And die To prowl ma-lnq cr wlnlar Same a1 In. punts. D. .1 mew ulna parts of ... ash. fa. to Nm Naas a uallBr stand of Wwe Id, any ra.- what-- NNI he 'seeded. one Such arse. and part, of area. Nall be seed rp•ot"y until ail caw ar a me rad row with a Satisfactory growth of w gre, w E. Wolerhg 1, c.,Id,,d a miss pry element Ix setabllNmset and heA_. F. Wn- r,g,.. he. been planted fa, temporary .roe an cmtd and has not ban dlmhaled ii to the camplatiol of th a work, each IS., .as as diecad of least 3 holse deep and pad. to Permanent graaw sea to plaml The lysgrale ham reae.ding and becoming carnDelitlw I'm and ntardm9 dawlpm., al in. Dmmmant 3.02 SEEDING A. Lane and IerlNlw' .to be applied prior to Or at the tim, of seeding and Incorporated Into the Sol. KIn4, and Dart. al llm, and fWUlllier should be bawd an an ewluatlm of to tests. Wham a " lest I, not awll.Ie, U. lalloaog mmlmum gmgrt. Mould be applied: AWI<ullurd Ihnall 2 tans per der, IS 100 NO,, Per 1,000 pure (l,l. Nitropse (N), 50 AN.. par acre o, 1.1 Iha.. per 1,000 .,or. Iset. phopnal, (P205). 100 the per aa,. IS 2.2 INS. par 1,000 poor. fast Polcen (K20), 100 AN. par acre Or 2.2 Ise. Der L000 apme fast. (Not.: .1. 1. the adalwlsel t 500 A- per ocw el 10- 20-20 fwlillme Or LUDO Iha. Sur are 5-10-10). B. Seed Should be proud unNormly by the meth. most ...rd,,Kte far the eta. Ns,hada, Include b'eadoa lhg and hydroseedhg IS la a h 1. Bra.saaln, Sow also u..4 mechanlcol ..ad. at a rate of e Iha../1,000 sduaF. at. DI.Nsul, .lad reply - emir. men by wwm9.Wa1 W.Illy In tow direction, at right angles to soar omed. Rake .end lightly Into top 1/8' of topsail. roll lightly and Salr with . Me Si 2. Hyades dhy: Mi. speolaed Ssed. ferUll, and pa -be match In water, udng equlpmmt Specifically des" far hydroased oppliplion. Cmlhu, m"ing until uniformly blanded Into hhnaganWs Murry Suitable far hydraulic pppllectim. Apply slurry mlformly to all anal to be ....d. Pat. of aPpAc'II' as FeWked to dll.,a p,cllteo $Old .wing role. 3.03 MULCHING A. Mulch molxbl, Nan be precd anifarmly by nand de moadah, at a role of No 50 Is. saw per LOGO squm. aN. B. Organic Mulch Anchoring - Sheen ar hay mulch ,at be arch-. Immediately alter squadding to pr.wnl Shot NOMIq. 3.04 MAINTENANCE A. The momtsemc. period anal begin mmadistely Wes, l,aein g and Nal cm,Inh. dnM m.plmw. B. An mulches rut be Inp•clso DerlOdkally, Ia Political., otter roM.loum., to . k for 'B odor. Whre arwkn I, Ne•,nsa, addittenal -an be paced. Net mould be hep.l.d alter rainalormo far dblmallm or faun. If washout, Or br,akay, ocw', rah, all at as necessary after rp.mMg damaga to me Mow. Indicant me should take place at. q...,ee ... Mmiy .StIbllN.. Grans.. .all not b ccmdered wmblash d his aground ,.r I. ..awd .1.1, 1. m.t enough to canted ads w= and to Su sew, weather canditl... Wetly mulch 11 deed In conjunction SRN, crnamsetd plan". Nemec, prkdkdiy throughout in. year to delmmh. II mulch NO mahlanhq ,.wag. DI th. ,01 Surf- rapak as n.aded. C. Sainting eras Thal be protected and maintained by Setering, r esd1m, coaling. wed.,, -In,, insect ar 41 ..... control m.hur.e, re-fMllliinq and repair of waShoul, ahbh an neceasmy. C. The Curb«tor ,had mahlain aA waned amps dntl NII wgtatlen 1. setaNl..d. D. All slad.0 des. hot be kph frw from .... and dab.l., Such as •ton•$, cable$, baling Mr., and ell Sloped 4:1 or I... (Nall.) and levee tort ..It be mowed In the fididelnq "rh r 1. Wh. yrose ..he. a height OI 1-6': mow to a helyhl of 37. 2. At least lea oultmgs .ran be made pr. to And ocwplonc, E. Fell-Ing moldn9• aI permanent .ending We. OnSO, (m,I" and .,awed) NaII rood,. 0 unllom application of Nor rd... lar,iliier hydraulically Placed at An, rats .1 10 pound. par IGO spume last. J.OS ACCEPTANCE A. Inspection to determine accaptanw of .waled heos w11 be made by the Land.- Armltact upon Carbact«. alRlw request. 1. Pram. nolHkati. of lee$t Uan (to) sakMp dogs Wse a... reted hZZIm data. B. Seeded head all In, a«pteall poNded an m,lollotim and mohtanmw reWl-: is new been .-Red .Ilh and o healthy mllmm lawn I. Total Total- C. Upon acceptance, the Owner sell ....me malatmOn... 3.06 WARRANTY A. All •••dad ar•ale will be Sananled far a periodperiodof I.dw anln. Iramcar. of Owner'. «e•plonw. mould any .w0•d Sus IaN to maintain lull wptalbn. f-if orses CAI NO nbrDMed unU Ile. psahadlon Is «IuS_ at he east of tho Can bath. INLET GRATE 'I (P (I -' -) -- STRAW OR HAY BALES STAKED WITH TWO STAKES 11 ❑ 14 la a ©tn Na PER BALE ❑ 0 0 0 O 0 ©1JC3o❑Q 000uoa 0DO1]®III 090�69 p CATCH BASIN INLET PROTECTION N.T.S 8" . 8" 14.5 GA. WIRE MESH 30' HIGH AND BURIED 8' BELOW GRADE, HOOKED TO STEEL STAKES (WIRE MESH CAN BE ELIMINATED FOR FENCE 24' OR LOWER) FILTER FABRIC CLIPPED OR POST "RED TO MESH, TO BE MIRAFl 1OCIN1 OR APPROVED EQUAL FO10E XA1pli 24' 3G' 2 .2 woos s g.6• ME K Pos 1 ,o' 24' MIN a 4 WOOD .. ,D ,bur osr • SPADING FILTER FABRIC TO BE CUPPED. BACKFILLED AND TAMPED 8" BELOW GRADE 1 WSTA4 hall FENCES AT TOES of uN XCTE9 %OFFS ANN AS PARA- TO CON AS POSg6tE. CURW: THE ENDS OF THE PENCE UP .1. 111E ROPE. AEMOrE SEOIuINt WEN ACCIMIU . NALE THE NDMR OF THE FINCE OF ALL FINJIC OR UNPROTEED ROP ES CREATED CURING CONTTAUC ON,TOC NOT NEQySANAL' REFIX TO ON TIE FINAL PLANS SILT FENCES ARE TO BE MAINTAINED UNTIL ROPES ARE STA6l -. 2, ING WARE FENCE TO BE. FASTCNEO SEWRELY TO POSTS ANN TORE TES OR STAPLES. 3. FILTER GLOM Ti BE FASTENED -al M WOVEN WRE FENCE Wm TIES SPACED EVERY 24' AT Top, Pat SECTICIS AND SGTTCAI. 4. WEN TWO SECTIONS OF FATEB CUI N AIDON EACH ONES. NEY $HAUL BE OVERLAPPED BY FO DED AND STAAEO. RECEIVED SILT FENCE DETAIL N. -Ts MAR 21. City of SO_ Dt SITE ENGINEER: P F CIVIL ENGINEERING ASSOCIATES, IMC. P.O. BOX485RNE, VT 0602 DM1IN NAllrlp pp',i JSO CBBCIRD oP W 9 JLM This .V = APPMUD JLM OWNER RICHARD T. & REBECCA B. CASSIDY PROJECT: PROPOSED BUILDING ADDITION LYONS AVENUE SOUTH BURLINGTON VERMONT LOCATION MAP 1' x 2000' Itia1B10N EROSION CONTROL DETAILS and SPECS. 1101 1-HI; NUMBER JAN., 2005 AS SHOWN C3 pROJ. NO. 05104 CITY v' SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Richard Cassidy 5 Lyons Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the April 10, 2007 Development Review Board Meeting. 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 meeting 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." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. cc: Marcel Beaudin ' CITY OF SOUTH BURLI, - 'TON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Richard Cassidy 5 Lyons Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a draft agenda for the April 10, 2007 Development Review Board Meeting. 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 meeting 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." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. cc: Marcel Beaudin CITY u� SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Mark Chaffee Lori Hayes 3 Lyons Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the April 10, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, T& �(1 Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLIK.JTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Gil McCann 7 Beachcrest Drive Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the April 10, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, r1 Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Fire District #1 c/o Sharon Behar 108 Central Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the April 10, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLI,..'TON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 March 28, 2007 Lee Atkins Janet & Bill Birnn Judy Lian 63 Central Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda (please check our website www.sburl.com for the official agenda, posted the Friday before the meeting) for the April 10, 2007 Development Review Board meeting. It includes a proposal that abuts property you own. 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 scheduled public meeting. Sincerely, �-?* I �(r J� Betsy McDonough Planning & Zoning Assistant Encl. Permit # - - , APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation Request for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? 1) OWNER OF RECORD,(Name as shown on deed, mailing address, phone & fax #): 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APP I ANT nam mailing address, phone and fax #) ling address, , 17- -33 5,CL 6. CW'OEIfi �O,, 3�o 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): 5) PROJECT STREET ADDRESS: .5�4 yes/ '5 �r`G 6) TAX PARCEL ID #: 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): r9 dC4Ea:/- 12Lc? Gtz- \'B. Proposed Uses on Property (include description and size of each new use and existing u es to remain): � �t3/Ozer--�� C. Total building square footage on property (proposed buildings & existing building to remain): (5-72 Mblo%l) Fwt?XIAT s , D. Height of bui ding number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): E. Number of residential Units (if applicable, new units & existing units to remain): Cl!) Xj -E F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): 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. Total parcel size: 10 ( 73& Sq. Ft. B. Buildings: Existing % / Sq. Ft Proposed Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing % / Sq. Ft. Proposed 30 . Q % / ;5 , 3 j Z Sq. Ft. D. Total area to be disturbed during construction: Sq. Ft. * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ 310" B. Landscaping $ C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE WZ,� G 7' 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): /44RK -y� CaQ/ �64`f&--5 3 / Ya w f NIJ &rA Jt4 d� C -i ,.S% e;-r-o ,-, a tier l oe 6,, %ram/ (_'.e„ i?, 3 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 C' -� SIGNATURE OF OPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: Utre elopment Review Board ❑ Director, Planning & Zoning I have reviewe this application and find it to be: COMKEV ❑ Incomplete MA of Planning & Zoning or Designee I'd VIv Date V CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 6, 2007 Marcel Beaudin 102 South Beach Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: 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 April 10, 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, VV 9 Betsy McDonough Planning & Zoning Assistant Encl. Cc: Richard & Rebecca Cassidy TRANSMITTAL 26 February 2007 TO: Ray Belair Zoning Administrator South Burlington, VT 05403 FROM: Beaudin and Associates, Inc. 1233 Shelburne Road, 360 South Burlington, VT 05403 802.862.9633, fax 802.862.0283 beaudin @ comcast. Net SUBJECT: Zoning Permit application for Rich and Becky Cassidy at 5 Lyons Avenue to replace existing house with new home. Enclosed: 1) Application form (7 pages). 2) Site plan. 3) Surveyor's plan. 4) Surveyor's calculation for area of plot. 5) Check for Application Fee and recording (510 dollars). Marcel Beaudin AIA Agent for Cassidy's 44_ C , AV 9� ^ / O p\ STORM F\ \�F DRAIN F,y N 76 , 5 0 [� 211 064 0 S COMPILED AND PREPARED BY � \ (�, co • O�v� / 26 ] / J, rrA r, / S, 2.66'- 13N 6t.26 O BUTTON PROFESSIONAL LAj S UR VE'YORS, P. C. LAND SURVEYORS - BOUNDARY CONSULTANTS 20 KIMBALL AVENUE SOUTH BURLINGTON, VERMONT 05403 (802) 863- 7812 FREE (800) 570- 0685 /550 N 6q 2 , 40'' 6� 0% 9�50� ry o 0 CASSID Y GRAPHIC SCALE 1 0 10 20 30 40 76" BEECH TREE VAUGHN `: y C. _ BUTTON' No. 415., lilt_ P F Ty) irk rr � y r Fall AN ! e 4 beaudin and associates From: "Len Amblo" <lhamblo@bapls.com> To: "Marcel Beaudin" <beaudin@comcast.net> Cc: "Jocelyn Bolduc" <jbolduc@bapls.com> Sent: Thursday, December 28, 2006 3:41 PM Subject: Cassidy area calc Marcel, .1 calced the area to low water mark to be: The area = 10,730 sq.ft. 0.25 acres let me know if you have any questions. Thanks, Len Amblo 863-1812 l /l /2007 CITY OF SOUTH BURLINGTON' DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON-VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 5, 2005 Richard & Rebecca Cassidy 5 Lyons Avenue South Burlington, VT 05403 Re: Minutes Dear Mr. & Mrs. Cassidy: Enclosed, please find a copy of the minutes from the April 5, 2005 Development Review Board meeting. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Administrative Assistant Encl. DEVELOPMENT REVIEW BOARD 5 APRIL 2005 1) constructing four story west wing addition containing 64,025 sq. ft. of general office use at 40 IDX Dr., and 2) constructing a 565 space parking structure at 40 IDX Dr., to replace off -site parking at 35 Green Mountain Drive: Mr. Smichenko said this is a renewal of an existing permit. They have finished Phase I and with a few minor changes, want to begin Phase II. During construction of the parking garage, they will provide parking on a site they own on Green Mountain Drive. Mr. Belair noted the requested height waiver is a bit higher than originally approved to accommodate rooftop apparatus that won't be visible. The approval motion was amended to add Stipulation # 13 as follows: The Development Review Board approves 1273 parking spaces which represents a 73-space or 5.4% waiver. Mr. Boucher moved to approve Preliminary Plat Application #SD-05-19 of IDX Systems subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. Cirublic Hearing: Application #CU-05-05 of Richard T. & Rebecca B. Cassidy for n'ditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is to expand the building without increasing the building footprint, 5 Lyons Avenue: and ,'Public Hearing: Application #CU-05-04 of Richard T. & Rebecca B. Cassidy for conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for a 598 sq ft accessory residential unit, 5 Lyons Avenue: Mr. Cassidy explained that the exterior renovations include removing a shed on the east side of the house. The shed on the west side will be expanded to have an office area and laundry room. Mr. Cassidy said there have been no objections from neighbors, and Mr. Belair said he has heard none either. -3- DEVELOPMENT REVIEW BOARD 5 APRIL 2005 Mr. Dinklage asked about landscaping. Mr. Belair explained that in this case the land- scaping requirement does not apply. This is not a conditional use; it is allowed. The reason it is being reviewed as a conditional use is the proximity to the Lake. Mr. Dinklage reminded Mr. Cassidy that in order to make use of the accessory apartment, the owner must live in the house. The applicant also needs to show 3 parking spaces. The approval motion was amended to delete Condition #2. Mr. Boucher moved to approve Application #CU-05-05 and Application #CU-05-04 of Richard T. and Rebecca B. Cassidy subject to the stipulations in the draft motion as amended above. Ms. Quimby seconded. Motion passed unanimously. S. Site Plan Application #SP-05-10 of McDonald's Corp. To amend a plan for a 3481 sq ft short order restaurant. The amendment consists of re -approval for a parking lot expansion, 1225 Williston Road: Mr. Boyer showed the existing conditions. He said McDonald's is looking to purchase property they now lease. There was a condition in the original approval that if this property or the adjacent Citgo gas station property for re -approval for the parking lot expansion were to be sold, McDonald's would have to come back to the DRB. Mr. Boyer then showed an area originally designated as employee parking because the parking spaces are sub -standard. They asked for re -approval of the 1980 approval with no changes. Mr. Dinklage said the applicant will have to comply with the original requests of the Traffic Engineer, specifically: 1) installing "Do Not Enter" and "Employee Parking Only" signs; 2) restriping the 22' turn -around circle; and 3) addressing the non -complying entrance configuration. Mr. Belair noted the draft decision contains and Option 1 and Option 2. He said he had been told there is not enough room for Option #2, so they should go with # 1 which was what was originally approved. PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hatt Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 5, 2005, at 7:30 P.M. to consider the following: 1. Application #C 5-04 of Richard T. & Rebe ca B. Cassidy for conditional us approval under Section 14.10, ' a Use Review, of the South Burlington Land Development Regulations. Request is for a 598 sq ft accessory residential unit, 5 Lyons Avenue. 2. Application #CU-05-04 of Richard T. & Rebecca B. Cassidy for conditional use approval under Section 14.10, Conditional Use Review, or the South Burlington Land Development Regulations. Request is to expand the building without increasing the building foot- print, 5 Lyons Avenue. 3. Preliminary plat application #SD-05-19 of IDX Systems Corp. to amend a previously approved planned unit development con- sisting of a 233,133 sq ft general office building. The amendment consists of Phase I to include: 1) adding three (3) floors to the west wing building containing 87,234 sq ft of general office use, and constructing 179 net new surface parking spaces at 40 IDX Dr., and 2) demolishing an existing 14,389 sq ft building, off -site parking approval and constructing new 126 space parking Lot at 35 Green Mountain Dr. Phase III to include: 1) con- structing four (4) story west wing addition containing 64,025 sq ft of general office use at 40 IDX Dr, and 2) constructing a 565 space parking structure at 40 IDX Dr. to replace off -site parking at 35 Green Mountain Dr. John Dinklage, Chairman South Burlington Development Review Board March 16, 2005 PUBLIC HEARING SOUTH BURLINGTON DEVEL- OPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 5, 2005, at 7:30 P.M. to consider the following: 1. Application #CU-05-04 of Richard T. & Rebecca B. Cassidy for conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for a 598 sq ft accessory residential unit, 5 Lyons Avenue. 2. Application #CU-0 4 of Richard T. & Rebecc B. Cassidy for conditional use ap _3 under Section 14.10, Conditional Use Review, or the South Burlington Land Development Regulations. Request is to expand the building without increasing the building foot- print, 5 Lyons Avenue. 3. Preliminary plat application #SD-05-19 of IDX Systems Corp. to amend a previously approved planned unit development con- sisting of a 233,133 sq it general office building. The amendment consists of Phase I to include: 1) adding three (3) floors to the west wing building containing 87,234 sq ft of general office use, and constructing 179 net new surface parking spaces at 40 IDX Dr., and 2) demolishing an existing 14,389 sq ft building, off -site parking approval and constructing new 126 space parking lot at 35 Green Mountain Dr. Phase III to include: 1) con- structing four (4) story west wing addition containing 64,025 sq ft of general office use at 40 IDX Dr, and 2) constructing a 565 space parking structure at 40 IDX Dr. to replace off -site parking at 35 Green Mountain Dr. John Dinklage, Chairman South Burlington Development Review Board March 16, 2005 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNEIG & ZONtNG 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 8, 2005 Richard & Rebecca Cassidy 5 Lyons Avenue South Burlington, VT 05403 Re: Conditional Use Applications - #CU-05-04 & #CU-05-05 Dear Mr. & Mrs. Cassidy: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on 4/5/05 (effective 4/8/05). Please note the conditions of approval, including that the applicant shall obtain a zoning permit within six (6) months of this approval or this approval is null and void. In addition, the applicant shall obtain a Certificate of Occupancy prior to use of this structure. If you have any questions, please contact me. Sincerely, Betsy Mc onough, AdAiinistrative Assistant Encl. Certified Mail- Return Receipt Requested - #7003 3110 0001 3598 5190 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 1, 2005 Richard Cassidy 5 Lyons Avenue South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Cassidy: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, April 5, 2005 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Administrative Assistant Encl. CITY OF SOUTH B URLINGTON DEVELOPMENT REVIEW BOARD \drb\misc\cassidy\conditional use_exp.doc DEPARTMENT OF PLANNING & ZONING Report preparation date: March 31, 2005 Plans received: February 25, 2005 CONDITIONAL USE APPLICATION #CU-OS-OS S L YONS A VENUE Agenda #8 Meeting date: Aril 5, 2005 Owner/Applicant Property Information Richard and Rebecca Cassidy Tax Parcel 1080-00005-R 5 Lyons Avenue So. Burlington, VT 05403 Location Map QCP Zoning District CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use exp doc '.'I MUDAM11411 Richard and Rebecca Cassidy, hereafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to expand the existing building without increasing the building footprint, 5 Lyons Avenue. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as Staff, have reviewed the plans submitted on February 25, 2005 and have the following comments. SURFACE WATER PROTECTION REVIEW STANDARDS Pursuant to Section 3.11(D) of the Land Development Regulations the proposed conditional use shall meet the following standards: 1. Except as otherwise provided in sub -sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 12, Section 1201(D), 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 properties 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 with the provisions of these regulations (e g., setback requirements). The assessed value of the building and land at 5 Lyons Avenue is $246,100; however, the subject dwelling is subject to the exemption below. 2. The thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974. The structure on the subject lot was in existence prior to February 28, 1974 QUEEN CITY PARK REVIEW STANDARDS Pursuant to Section 4.08(D) of the Land Development Regulations the proposed conditional use shall meet the following standards: 1. The maximum height for all structures shall be no more than twenty-five (25) feet above the average pre -construction grade adjoining such structure. See Article 3, Section 3 07(B) for definition ofpre- construction grade. The proposed addition is 25' feet above the average pre -construction grade. 1. The height of the proposed addition shall not exceed 25' above the average pre -construction grade. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use exp.doc 2. The maximum height of a structure may be increased to thirty-five (35) feet if approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. In addition, the Development Review Board shall determine that the proposed increase in height will not affect adversely: This criterion is not applicable to the proposed project. (a) news of adjoining and/or nearby properties; This criterion is not applicable to the proposed project. (b) Access to sunlight of adjoining and/or nearby properties; and This criterion is not applicable to the proposed project. (c) Adequate on -site parking. This criterion is not applicable to the proposed project. 3. Rooftop apparatus, such as solar collectors, television antennas, and air conditioning equipment shall be included in the height measurement. Chimneys for residential structures shall be exempt from the height limitations. This has been acknowledged in the height calculations for the proposed project. 4 Television antennas and steeples for places of worship that are taller than normal height limitations may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Use Review. This criterion is not applicable to the proposed project. 5. The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint or square footage subject to the provisions of Article 14, Conditional Use Review. The provisions of Article 14, Conditional Use Review have been addressed below. 6. In addition to the provisions set forth above, the Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Hews of adjoining and/or nearby properties; The proposed project will adversely affect the views of adjoining or nearby properties. (b) Access to sunlight of adjoining and/or nearby properties; and The proposed project will not adversely affect the access to sunlight by adjoining or nearby properties. (e) Adequate on -site parking CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidy\conditional use exp.doc The proposed project will not alter or affect on -site parking. 7. Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District The subject property is not within 100 linear feet of the Potash Brook. 8. Multi family dwellings shall be subject to site plan review, as per Article 14. This criterion is not applicable to the proposed project. SITE PLAN REVIEW STANDARDS Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (a) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The site is not being altered in a way that will jeopardize a desirable transition from structure to site or from structure to structure. The site will still provide for adequate planting, safe pedestrian movement, and adequate parking. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. No additional parking is being proposed through this application. (c) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings The height of the proposed addition is 25', which is compatible with the existing buildings in the area. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground 2. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground (e) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The proposed project will not create buildings of different architectural styles. (f) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drblmiscicassidv\conditional use exp.doc The proposed addition relates harmoniously to the terrain and the existing buildings in the area. Site plan applications shall meet the followina specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (a) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Staff does not feel it is necessary to require any additional access to abutting properties. (b) Electric, telephone and other wire -served utility lines and service connections shall be underground Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site Staff has already stated that pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (c) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). No dumpsters exist on the subject property, nor are any dumpsters being proposed through this project. (d) Landscaping and Screening Requirements The application indicates that the proposed project is estimated to cost $200,000. Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $6,000 of landscaping. The plans do not depict any additional landscaping. While the site is heavily landscaped, staff feels the applicant should comply with the minimum landscaping requirement. 3. The plans shall be revised to depict a minimum of $6, 000 worth of landscaping, prior to issuance of 'a zoning permit. (e) Access/Circulation Access and circulation on the property will remain unchanged through the proposed project. (n Setbacks The building footprint already exists, so any noncompliances are grandfathered. (g) Traffic Traffic will remain unchanged through the proposed project. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use exp.doc (h) Lighting The proposed project is for a single-family home, which are exempt from the City's lighting standards. CONDITIONAL USE REVIEW STANDARDS Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the following standards: 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. The proposed addition to the existing single-family dwelling is in keeping with the planned character of the area as identified in the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed to encourage residential user at densities and setbacks that are compatible with the existing character of the QCP neighborhood. It is designed to promote smaller lots, and reduced setbacks. Staff feels that the proposed addition to the existing single-family dwelling is keeping in with the purpose of the QCP Zoning District. 3. The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Staff does not believe that the proposed addition will adversely affect municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. Staff believes that the proposed addition is in keeping with the character of surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The proposed addition will not affect traffic in the vicinity. (d) Bylaws in effect. The proposed addition will not affect bylaws in the vicinity. (e) Utilization of renewable energy resources. The proposed addition will not affect renewable energy resources. CITY OF SOUTH BURLINGTON 7 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use exp.doc 09 General public health and welfare. The proposed addition will not have an adverse affect on general public welfare. RECOMMENDATION Staff recommends that the Development Review Board approve Conditional Use application #CU-05-05, conditional upon the applicant addressing the numbered items in the "Comments" section of this document. Respectfully submitted, ov, /. rian Robertsofi ssociate Planner Copy to: Richard and Rebecca Cassidy, applicants 1 O EXISTING PUMP STATION \ o \ LAKE CHAMPLAIN SHELBURNE BAY EIEV-96.38' (1/12/05) 2 CRAB TREE ^(�, / �/ I rr? 14" MAPLE 1 \ EXISTING j HOUSE I 1 I 1!6 l/ \ 1 McCANN EXISTING/ I HOUSE / \ I \., CRAB TREE WILLIAMS VD tNK RETAINING I WALL (TYPICAL) l fl ro / 1 CASSIDY ABOVE GROUND EXISTING 11 !/ /! / / / PROPANE TANK HOUSE ',v \ 1 228" OAK J 1 / Falls ! 10; BIRCH ! /� / FIRE / l 77 DISTRICT #1 �Xxl \ I I kJ� / I 22" BEECH GRAPHIC SCALE t nr Jnarr 1 t inch = 10 fL SITE ENGINEER: C CIVIL ENGINUILl"G ASSOCIATES. INC. v.a sox 4es srfftalmrE�vr a6.eo JSO LEGEND JLM -- -336- — - EXISTING CONTOUR 1PPPOP® JLM - 336 PROPOSED CONTOUR OWNER: - - APPROXIMATE PROPERTY LINE - — — — - SETBACK LINE RICHARD T. & O IRON PIN FOUND REBECCA B.CASSIDY • CAPPED REBAR FOUND El CONCRETE MONUMENT 0 PROJECT BENCHMARK (SEE NOTE 2) A TRAVERSE POINT PROJECT: - — -OE - — - OVERHEAD ELECTRIC - — -ST - - STORM DRAINAGE LINE PROPOSED ® PROPANE GAS TANK BUILDING �Zlu POWER POLE ADDITION ® CATCH BASIN LIGHT POLE LYONS AVENUE DECIDUOUS TREE SOUTH BURLINGTON VERMONT . CONIFEROUS TREE EDGE OF BRUSH/WOODS —x x— FENCE a _ . Of,90 NOTES ti 1. Utilities shown do not purport to constitute or represent-oll.. utilities located upon or adjacent to the surveyed premises. Existing utility locations are approximate only. The Contractor shall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. 2. The benchmark of 127.85' Is located on the threshold of the let floor of the front entrance subject building and Is based upon a Lake Champlain water slevatlon of 96.38' as reported by the King Steet Ferry Dock on Jan. 12th, 2005. 3. This plan is not a boundary survey and Is not Intended to be used as one. 4. Property line Information is booed on a plan entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. h Rebecca B. Casslay. prepared by Button Professional Land Surveyors, P.C., dated 10-22-03. Monumentation found was consistent with the recorded plat. 5. This property lies in the Queen City Park Zoning District. �SOUT BU$LING ON LOCATION MAP ,•. aoao wn cfncro<o asvrmoa SITE AND GRADING PLAN wn awnac suss® JAN.,2005 1 10' C 1 Paa. ao. 05104 25' HT. LIMIT ❑ Uw I 1 11 Hill 1111111 1III1111H IIIIIH11,11,111, w. Q 12 126 126 .2 122 AVERAGE GRADE O 124 _ 122 _ 118 118 NORTH ELEVATION WEST ELEVATION C� 1�8��=1�_��� 1�8��=1�_0�� = U� H O CORNER CORNER AVERAGE U'") SOUTH 118 126 122 EAST 126 126 126 NORTH 126 118 122 WEST 1 118 1 118 1118 OVERALL MEAN GRADE 122 equal _ % _� 25' HT_LIMIT equal X III Hill Ij 51�11 5111 - 7-1 U � w ❑DO 125.5 - w 125.5 126 (� mm 124 _ _ AVERAGE GRADE w _ _ _ _ _ J172 0 WEST ELEVATION NORTH ELEVATION 1 / 8" = 1'-011 U� H CORNER CORNER AVERAGE O SOUTH 118 126 122 C� EAST 126 126 126 NORTH 126 118 122 WEST 1 118 r118 1118 OVERALL MEAN GRADE 122 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: March 31, 2005 \drb\misc\cassidy\conditional use_accres.doc Plans received: February 25, 2005 CONDITIONAL U.S'E APPLICATION #CU--05-04 A CCESSOR Y APAR TMENT —5LYONSAVENUE Agenda #9 Meeting date: Aril 5, 2005 Owner/Applicant Property Information Richard and Rebecca Cassidy Tax Parcel 1080-00005-R 5 Lyons Avenue QCP Zoning District So. Burlinaton, VT 05403 Location Map CITY OF SOUTH BURLINGTON 2 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING 1drblmis6cassidy\conditional use accres doc Richard and Rebecca Cassidy, hereafter referred to as the applicants, are seeking Conditional Use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to construct a 598 square -foot accessory residential unit, 5 Lyons Avenue. Associate Planner Brian Robertson and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plan submitted on February 25, 2005, and have the following comments. ACCESSORY RESIDENTIAL. UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half (112) acre or greater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. 1. The applicant shall target a person who meets one of the above -mentioned requirements. (b) On lots that are one-half (1/2) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The existing single-family dwelling unit is 3,168 square feet, 30% of which would be 950 square feet. However, pursuant to Section 3.10(E)(3) of the Land Development Regulations, the maximum area that may be permitted as an accessory residential unit is 600 square feet. The applicant is proposing to dedicate 598 square feet to this use. (d) Maximum occupancy of the accessory residential unit shall be two persons. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drbtmisc\cassidv\conditional use accres doc 2. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied 3. The principal dwelling shall remain owner -occupied. (f) No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling The subject application does not include any proposed exterior alterations. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot. The existing dwelling unit is currently served by municipal sewer and water. (i) No home occupation shall be conducted in an occupied accessory apartment. 4. No home occupation shall be conducted in an occupied accessory apartment. 6) One additional off-street parking space shall be provided on the same lot The existing layout of the driveway appears adequate to accommodate an additional vehicle. However, the applicant shall designate an additional parking space to be associated with the proposed accessory residential unit. 5. The applicant shall designate an additional parking space to be associated with the proposed accessory residential unit, prior to approval. (k) A zoning permit shall be required for each accessory apartment Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the - Administrative Officer. CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use accres doc CONDITIONAL USE CRITERIA L The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located According to Section 4.08(A) of the Land Development Regulations, the QCP Zoning District is formed to encourage residential uses at densities and setbacks that are compatible with the existing character of the QCP neighborhood. It is designed to promote smaller lots, and reduced setbacks. Staff feels the proposed accessory residential unit conforms to the stated purpose of the QCP District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, staff does not believe that the accessory apartment will adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent propertyfor appropriate uses. Staff believes that the proposal is in keeping with residential uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with regulations, provided the applicant obtains water and sewer allocation. CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING \drb\misc\cassidv\conditional use accres.doc (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (f) General public health and welfare Staff does not believe that the proposed accessory apartment will have an adverse affect on general public welfare. Staff recommends that the Development Review Board approve Conditional Use application #CU- 05-04, subject to the applicant addressing the numbered items in the "comments" section of this document. Respectfully submitted, i" rian Robert , ssociate Planner Copy to: Richard and Rebecca Cassidy, applicants Planning J 5 Lyons Ave. Ground Floor 1 Friday, February 25, 2005 0 i C C ,r \ EXISTING/ HO4USE/ i. CD \ / CRAB TREE 0 2 CRAB TREE 'Q' d //N , , q 14" MAPLE EXISTING - 1\ \ ! / N / PUMP STATION \ .. e � \ ! RETAINING WALL (TYPICAL) I % 1 EXISTING WILLLAMS j HOUSE i Q LAKE CHAMPLAIN SHELBURNE BAY ELEV-96.38' (1/12/05) CASSIDY ABOVE GROUND EXISTING I' // / / / /✓ / PROPANE TANK ` HOUSE it t -,</ \ l 28" OAK / 1B` FIRE i DISTRICT #1 \ I 1 i Y 22" BEECH GRAPHIC SCALE I 1 ; h = la fL SITE ENGINEER: P p Yv CIVIL 2"Gl"EIDANG ASSOCMIL INC P.O. BOX496 SNfLBUgNE, Vf Q59as oRaaN JSO LEGEND JLM — — —336— — — EXISTING CONTOUR APPl10 PRD 1, 336 PROPOSED CONTOUR OWNER: — — APPROXIMATE PROPERTY LINE — — — - — - — SETBACK LINE RICHARD T. & O IRON PIN FOUND REBECC.A B•CASSIDY ® CAPPED REBAR FOUND ID CONCRETE MONUMENT { PROJECT BENCHMARK (SEE NOTE 2) TRAVERSE POINT PROJECT: — — —OE — — — OVERHEAD ELECTRIC — -- —ST — — — STORM DRAINAGE LINE PROPOSED ® PROPANE GAS TANK BUILDING, n POWER POLE ADDITION ® CATCH BASIN �F UGHT POLE LYONS ,AVENUE DECIDUOUS TREE SOUTH BURLINGTON VERMONT CONIFEROUS TREE �wwvvwv� EDGE OF BRUSH/WOODS —x FENCE _ - w SOUTA BURLIN LOCATION MAP / .. sore cesccr�o Rsvraaor NOTES 1. Utilities shown do not purport to constitute or represent all tties located upon or adjacent to the surveyed premises. --- Existing utility locations are approximate only. The Contractor .hall field verify all utility conflicts. All discrepancies shall be reported to the Engineer. The Contractor shall contact Dig Safe (888-344-7233) prior to any construction. '� SITE AND 2. The benchmark of 127.8W Is located on the threshold of the 1st floor of the front entrance subject building and is based upon a Lake Champlain water elevation of 96.38 as reported GRADING by the King Stset Ferry Dock on Jan. 12th, 2005. N p PLAN 3. This plan is not a boundary survey and Is not Intendedto be used as one. 4. Property line Information is based on a plan entitled "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy' prepared by Button Professional Land Surveyors, P.C. dated 10-22-03. Dare neaRwc xaamm Monumentation found was consistent with the recorded plot. JAN., 2005 S. This property lies in the Queen City Park Zoning District. 11.=10' I PR- No. 05104 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Permit Number _ APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) VXRequest for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) queen City Park District• ; Art. 3 Section 3.10 E, Accessory Uses. WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? NONE 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Richard T. & Rebecca B. Cassidy, 5 Lyons Ave. South Burlington, VT 05403, 802-3 - 144 802-860-4565 (fax) 2) LOCATION OF LAST RECORDED DEED (Book and page #) - P. 139-41; P. 137-8�ee Plan at Slide No. 420, P.2. 3) APPLICANT (Name, mailing address, phone and fax #) Richard T. & Rebecca B. Cassidy, 5 Lyons Ave,:.South Burlington, VT 05403, 802-864— 1 fax — — 4) CONTACT PERSON (Name, mailing address, phone and fax #) Richard Cassidy, 5 Lyons Ave. South Burlington, 802-864-6400, cell 802-238-2809, fax 802-860-1565 5) PROJECT STREET ADDRESS: 5 Lyons Ave. South Burlington, VT 6) TAX PARCEL ID 9 (can be obtained at Assessor's Office) 10 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Single Family Residence. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Same c) Total building square footage on property (proposed buildings and existing buildings to remain) 3168 sq. feet d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 25' to midpoint of slope of roof. Basement and 2 stories, existing and proposed. e) Number of residential unigs (if applicable, new unit and existing units to remain) Existing single family residence to remain; a d accessory residential unit. f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) None. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable)This is an application to construct an accessory apartment on the ground floor of an existing single family residence. An app ication to renovate the residence is submitted herewith, but seperat y., 8) LOT COVERAGE a) Building: Existing 19.1 � _P/q Proposed 19.0% b) Overall (building, parking, outside storage, etc) Existing 19.6% Proposed 19.5% % c) Front yard (along each street) Existing % Proposed (does not apply to residential uses) 9) COST ESTIMATES a) Building (including interior renovations): $ b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 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 r, C'-"�� SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: 4evelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: [ Complete ❑ Incomplete of Planning & Zoning or Designee Wi 11-2 �- Date d EXHIBIT A SITE PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (11" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 135.00* ❑ Miscellaneous $ 85.00* ❑ Variance $ 135.00* *includes $10.00 recording fee List of Abutters: Mark Chaffee & Lori Hayes 11 Overlake Park Burlington, VT 05401 Mr. Harold G. McCann & Ms. Jennifer Strickler 7 Beach Crest Burlington, VT 05401 Chris Atkin Unit # 1 63 Central Ave. South Burlington, VT 05403 Judy Lian Unit #2 63 Central Ave. South Burlington, VT 05403 Mr. & Mrs. William Birnn P.O. Box 158 Jericho, VT 05465 -- - SITE ENGINEER: /�\SEE 15'tCIVIL ENGINEERING ASSOCIATES INC.JSO LEGEND JLM —336— — — EXISTING CONTOUR JLM OWNER: 336 PROPOSED CONTOURMCCANN -- APPROXIMATE PROPERTY UNE /SETBACK LINE RICHARD T. & O IRON PIN FOUND r..;� \ r. I EXISTING/ / HOUSE / • CAPPED REBAR FOUND REBECCA B. ti .� CASSIDY \5 \ � \ j 0\ \ \��\ \ ' O CONCRETE MONUMENT \ N PROJECT BENCHMARK (SEE NOTE 2) 9LT IflIE! - on LOAM. SEED MULCH TRAVERSE POINT PROJECT \ /, ./ ..� ../ . \( \ / OWp Fpt / ALL DtSTUFOM AREAS SEE SHEET C3 FOR — — \\ APPLICATION RATES —OE — — — OVERHEAD ELECTRIC —ST — — — STORM DRAINAGE LINE PROPOSED PROPANE GAS TANK �✓ , s„�,� BUILDING O 2" CRAB TREE \'\I 1� //' N 6" CRAB TREE If 14" MAPLE r� POWER POLE ADDITION PUIMP STATION STING\\ /�(� ® CATCH BASIN LYONS RETAINING J J 11 a LIGHT POLE AVENUE \ WALL (TYPIC4L) I DECIDUOUS TREE SOUTH BURLINGTON / J `\ I / I o� lry/ l l/ VERMONT EXISTING \ / d CONIFEROUS TREE WILLIAMS HOUSE it \ /'�~ I i if ,9� j`" / /vwv-v-vvm EDGE OF BRUSH/WOODS FENCE I III I l l UNDERGROUND \\ \\) / CASSIDY / //' / J /I ` l I (ADDI2*0 TIONAL LOT tCOVF)LAGO ADDI110N PROPANE TANK /� / , , , / / , I r ABOVE GROUND T EXISTING / , / / /' / PROPANE TANK 0 . •� HOUSE // i / / / / 41) aw.,.w '• / / / j / / LOAM, SEED k MULCH '� •�••`•• I / / / , ALL asn�D AREAS �.. " SOUT BUIRLIN N SEE SHEET C3 FOR APPLICATION RATES LOCATION MAP SHED TO 13E REMOVED \ \ \ \ \\ \ \\ I\ I I I 28" O K I / / / / / /�' / NEW 4' x 4' OUTDOOR SHOVER \ \ \ \ \ 18, BIRCH / / 32" OAK % V FIRE NOTES / iP r � ! / a / a / 0/ - � ti � DISTRICT #I \\ 1. Utilities shown do not purport to constitute or represent / oil ------- utilities located upon orve adjacent to the surveyed promises. \ \\ 3-�" RI AP \\ \ \\ ` \ / ' / k / I / ! % // / Existing utility locations are approximate only. The Contractor -- \ \ \ @ANK \ \ \ ! \ / X / / / / shot field verify all utility conflicts. All discrepancies Mall be \ 9 \ \ \ NN \ �I I / reported to the Engineer. The Contractor Mall contact Dig "r i / I Safe (888-344-7233) prior to any construction. EROSION LOAM. SEED h MULCH ALL DSTURBED AREAS 2. The benchmark of 127.85' Is located on the threshold of the CONTROL \ \ \ \ \ \ \ 1 1 SEE BEET C3 FOR let floor of the front entrance subject building and Is based \\ \\ ,\\. \ \ \y.. 22" BEECH APPLICATION RATES by King SteeLake at Ferry Dock ooln water f Jan. oh9 .38' as reported LAKE \ `. ` ,' \ \ \\/' SILT FENCE -SEE FLAN CHAMPLAIN `� ` `\ \\ 1 3. This plan Is not a boundary survey and is not Intended to SHEET CJ FOR DETAIL. be used as one. I SHELBURNE BAY \ \\ \\ \ ^ 4. Property line information Is based on a plan entitled "Plat \ GRAPHIC SCALE Showing Survey and Boundary Adjustments Between Properties ELEV­98.38' (1/12/05) \ \ \ \ AT1111`! S Prof iessiioonaTLand SSuumyors, P C., dyaiepdr 10-222-red 03.Button ,rr ax..aa sos.rx Monumentation found was consistent with the recorded plat. JAN., 2005 \ \\ ( IN Fear) 5. This property Iles in the Oueen City Park Zoning District. \ 1 ia.h = 10 ft. —1 \ 05104 EROSION CONTROL SPECIFICATIONS PART I - aNEnAL 1.01 SUWARv A Swt. YMuw' i. 111. Abrk Ode, UN het. Ftluw put he nAl IMllnd Fedleta- ea :mot and m . tlu n ma,Yw Ile reeve Own f e. n ra m.mp.r. ICI r lei bowl» e.alw - u. w-e. «wen mow thn he k Avkl wfaml,y .ran UA IalA.t ode. N UA Ve,mn1 De,wrtmnl of EnNremnwl l.�eAIW [reWn Cmw HAndbeeY. 1.02 GENERAL NOTES A, The althmge, of Aeamnt HIM— ale h«n Ue Pn)c1 .I1. Le prAnpllea MI dMl.". al. hem , in berotWA ndl aeenarq. Mw a le,npmmy wklAnl.a- B. Canvpclw ehel the repmAMe hr =tkp and mAlntahMg a1 .elan cmvtl mawhh. pn)ot H vanpHee. C. COh_IA, nn IMII1 U. - the.... and A•wl tepplketla der I* b•tA•n And Im and whine, iSlh. it ll dlewrb- pall. le. Ifan atebm I01n and prkr 1. Apr. let elnle, .tittin _O bt mrwrw AD be n•Arwy. 0. M1 ewlAll. m.e,lbl Lvil, bane.....) wI now. in.Y be. del. e, tht (a cmerA wand UA p.Ime. SW ad mull .taWPAw melsla a..an be .1.. mAee m 'he�I nee .1 .1 th ail i�rb.eXA�e. ehen he Ded> e-e1 dk dedlpeaqhp�,Melely he pr•.maett e .reeled. E Rp» plate, U- 1:3 thn new w»:n aenw ne,IFp kHnw to .aWlr its dace .e r.wr Ue ww- pee-,u. hhe n M .1 e.. mu.AAwA eA,Aapee teW I dl p Lt m.MlalrtY e.. wtmm�n MI b-dFp MU nA1 F9 mrfar F. Ile. M1ey be- N Par -IKON A.ar a0 -1 en cote, le pnynt WI hen _Mg Nle be _...__ WM, c-Hruelm. May bar nen A. rwnowe thn Y•ate. l rwblWw. G. .1 tam thn be Ne.l. an0 the ilea hby n1 he. b a lter Nell rwnaN 1n alma unle te pra}ct An IaAlw. M. Chew duet Ihr-qn Ihe pppllmll- el waum n1ak. er .thA1raAe,.b,A .Weal. el n u�AaAor maw« • pre a Agpw w em.la.w rs •on VpMnl The noel wmbr~d appkpt.n -a emwnt el dart -..I. nn be erred upon Ined ail wUe, coat.. 11 At M grad M hen -nr and by wtA eeAm the ulnae,, dInt,li 1. etldez baa the .1 . ma . th. It se are.w paWe. I. M e rat,- - Mal new b Ylt.- el A knr t Iwo liken bill«. MNp eneeen and Paned 1.03 CONSTRUCTION SEQUENCE A Prbr w any cm.nct., th. I.Re of rxnevue. Man be rwNlnw by Be C-lwctm be- -MITI area tow. Toe I.M. Ann a Mel IT Me MId by U. Oahe m he rAranw_ B. Er.Aln, noel! -d dewnl. nlAawrr Nall be MAwI1w .. l any e«U moll. -them the, .n 1, u . cereal, G MI pwmnnt alna gala the -.-1 baAF. -1 r enelt.d pie to thA lln° runeX to UAn, D. Oar -d 11q el ondaA .Anew tumpA 1 arpwd 1wU-. E. Thep Anneel p eclla ar .l 1-e that u .paw al Y lya F. I. -I ppeew uUll. oA Ane- en the yl-e. e De nithAv rooeen and paeNp ma. - al rood. pareMp mhee Mal w Immwlatey OR. gnats... H. Bepin Permennl -d Iwnpmmy erdM, end mulnkq. A pl and ntl eepee nth be anted led mu Ad -All ely pne UAY cmeWCIW. I. Cntru.t Orb Aki lY brad 11n. paw n 1-dap -d 1 Coe ll m t awing -d 1 tAtAph,O. K. flat. vapped ..anntA ham mllwlal nil.- a mppr�r� -d thn rAnew tAncerery wee« AnVa PART 2 - P11001,ICTS Lot EROSION CONTROL NETTING A et. t. , tHg na Ben lle of tended ailne,, NIA a unNarm pal aew men. 202 EADS. CONTROL RARING A Wh reeubw n the 11­ a n • arwlw b lh EaaN... .nl- cn kill.me,rN) msa �a.�Na+n Am.lean O.n Cl. I- I d emW Halve., e, p ._ quhalnL 103 CALO AN CHLORIDE A Comte nlalb ran c-Imm w the rAprY.n.1l . AASMTO M 1M ETU. hello« Rey .,n,m Wind. Type I or AGA Nnbelw 11" punt . OUP 9rafel.dldum e nlerM4 Type L may M aew. 20S WATER A. M ate ew ran be des and hr Af he Amaee of n, ant ale. -I- a.m. AwMe mete, me - NAHA— Nyrlw• to U• INYld Probst pat Its . U. _--t ei v Atel.. PART 3 - ENECUTION 3.01 MAY BALE CHEN DAN AND INLET PROTECTION A. a.. Mal b. e- In A re, .Inn An. INe.y -It.. the edjue l wla E.n has Mal be bnbedeed In UA hen mNMum of A Inns B. Mal he eanew In,pew by .tee «rebore 61 -,h thbda M. (tit Bey k r_; aae .. tie .run I- UA INA-ey Lek bee le heu the baa UN ene. 6. Be- ran be rpabw m ,,laud IN, Idea Ohm eaH.l. I. rledlnw aW th. Ada m rap 1". nwa b ... epnw, It, Alen u r.neyw. G She -t den -A Inet a -- . left Npee - Ue 0--.a. be- dlanmbw ran be «e 1. cnnfsm .Nth the plHln.'beG-1y one wgeew u.Mq U. pprgnav wrtehe, Art mpnage,nnl A—- 101 n,' FENCES A Z. nl tome thn b. e-.vuctw F eccaeanee .I,h U. rmevuel. been. The fAw ran q._Y be Plow 1. hee Fen the tee of Ue a tie m U• amt The tiA,aceIP pAu mn Iv he,eeetM eenheet ef,Ae to UApdi r tff, 9. Th. w1 Ile» na1 be .-I" p ally b bma. m p d , ewkn-l. All anb9w hAnAxa ran be w rA'acw. ew.nn admAYe. ce hvm UA .m r they wed ALP prabn°� Mon mm the Um l rap Onq. I nMn. 103 LAOWOM 4Al.. A Ero m -, Mee b pI- - d1 per-1Fw d-lie • to pooh erode aw 1 s.ON end man be peed the maMUMnd M am nee AIU U. m-Mature,'• rsam-deelna« S.O. RESTORATON A. 4 Arc. ce prwMq le c In plwn Iy raAnn a wg.wlw auN ` T2 h., et amp.,.- by m. IM1A .aeNg mend. I. Ara. of the Pnlevt eh. m not w be 1Anand e, dllurpw Nall be red. m epedRw M U. p Ahnhl meek. wtlm. 2. Mae er U. prophet MIN «. le bn Inn I.A.MIy Ane thin .N In r.pww a emmM alI.- let. s... weWc1. Ann be ewllvw AA ne-1. N U. T.Ma.y Seeelnq Sat.. a.Os gVAss-LINED OIra1F5 A M .1.. the m not Awn. -now then L Ipa.w. In At- At weaaMthln nmiAnd.endYnmakleY end moFlo�nwe b. RIM p.mbnnl-illel- 1. rleNlthw. I. OIIRET PRDIECROH A The -.g- fe, the Nte, mAlAdtl, pr1.dWA lak a rbHeb Mal be, awe and VU w rwww n ra14 wthpeA,�. -epen ethM and p.pats to UA Ikr and °ran . B. ThA rwW uw e, w. All eel to .. prllld G,bde Ice In UA -Inege het.. C. ­11. 1.dm ran be p Wheel Aa A.-d e, IwNg eudnq An— a! UA - Apra by 11-1 a -IA, of wind .M grOYel Aks the febHc Ga ,NM1 aw In a1 ALIAAr.p.Yw by pmYy b pNm of IebH: fhhMl e n AA-1 p. ITAed yrn r pro r. 1-o te, 4.. eNreprk than b. Illy f 1] F)vlla° O. St-. lend to u In low IN.- bit ..*­1 - Ah Q e. hen a prwell alAa.nnl Beef the°n Ie i y'N, mw tiUrld•. H-a nher mar be r kAd Ib peenI dmneq to my pace-nl Hwcwra E. steer her rpnp Al. L-GA ...bap -, The ter need be new a that the tat bona- eI the•Ibn• hdpnrt thn On Mel IAne th. -•-thy of the "t I --- or the, hw e, not flan Mal oat M F. yawn 1n the rbOb lVap Omle M New eon Al me A. - 107 SOD A. -be le be .wand nth be 1,1 a 11 la 1- Ath .• minlmum LcpwR. B. L -w .n ce aeplw A. ally Nn »wkg Allen- a Ua msmmH-. 3.Oe LEVEL SPREADER A The I- Aprbaae, .Mal be un.Wc,w M -mnfhem .dA the anevucl. elm. & The I- pnale, nwld An lane pe kdhtly and the, aA.y to In 0e e- Lhtthe ewe tcendlt- IN. t n ,MW ono bvyntel eed-t re, .tiel An -Id the removed. mm t pbm - th Ip, Un Its damp ­d oil e rA-vpe.w. The wpele- thald a more Acca.i 11y 1. oavtl ... _d Ue nc i1mn1 .1 .pw ewpttl-, alppkg. eAlnd be r.no ea -a dlppbM or wted. proe. mu ds -d ow hole the tlae m . F-11m11- n be d-e y Kea al wgetbtl- A y d d.- IN MAINTENANCE A NI we,- mn mown he be Inpwted ewey ntl ,Aare end/m f.,- be nAA_ 6. MI .a. cenvtl Y.= .nb11 be Ngptw pow pwlede of ^Navy rots. G t chew m be U pwbekAS;Ad.-tell. .irbn-U. -1 r.n 1. anal, allot. a1 nbwrd ate, as D. weld le .Nil wl.. w,1n may .a . aaarmNa o tee .aew ena,.. amen!. 3.10 WNTER CONSTRUCTION A. If, dull le the pe t __M, pneWrl. durNy U. .Ntw menu. l n.r�ary. UA Cenlnala Awl raw eklw c.nem.l- pr eWt.» al . mNknum het net umltw ill u a:. A Idurohem .teen ars e, and N.I. i. An .oA- chew mmw.w Mal L 1n plm wla en . m heeI 3. ,°pne am°W le al a.e.ew > el e a, a pw 1,OOD sum l..l. M�°C-vvicem maklaN ran « . NMI p mwnw hem pnim-rat w ,.nth hen he rN;lAHHAOL TEMPORARY SEEDING SPECIFICATIONS PART I - GENERAL 1.01 SLMYARY A snob. Nauda 1. Fumlh.g all Ibi me.W. and equip-T IA camp.. a1 yell. r_Il ne pNW. I.n-, pet•ethe NnIhO eI,d m ate, e,nNun. 1,02 GENERAL NOTES A A.-.t. and the .bpe,al., ter of whey era Al Vitly pants. m nqub•d be early. a gee .ena .1 w ,Aeelen to a1w vim. U. PAY -a, SAINN, $ail.. PART 3 - E1EWTION I., S Ghhhn CONDITIONS A MI Nee.ntla Weding end al tempereryy.� emturee, w- eA awn,-1 dam4. Alton, -tl dreln. neww le Pnwnt gullpyN»Ap Nµ late; Agwt., nwid be canpintw pea B. R•mow •emu -d t.. Nat .1 Nwrt.A .1. AANI UA Ola Mm laeee4 III Un we w b bath of on., 3 NtAr to pram. o eel pad and Yb f.Bv. Mw th. nel The led b. Ala d be Tel F P Nee end .ent, caWti-. Toe led tlyr «rot. e.pWd tie p.fam a ever ..pe .- prbeka. 102 FERTIUMS A. FA MIL. nwb be -Ife-ly All e1. the«w pl« I. beblg Memppoted Mt. the •n. A thed,huY of 300 pounde Ps eve (7 IN.- On, 1.000 eqp.• fat) Of 10-10- 10 fi 1.. « M AquhAl nbuld M pa1Md. l.03 SEED AND SEEDING A. Sod and Been., r.I- may be wale hem the lode bA-.-M. w. a the p.f awree the •eed «nlln9 that 1 aU en T1�.fww,. ell M Ore - the t". of ye, .gthe 'WIng1 k I. -dmpe. I di.eutipn„°m. w.e Ah-d u Ab_ unNermly owr Ua «a. After wain,, Me wl need L Mnnd by r MG er P k.,p. Mm rning m PAIAFg Y net ,p.11e. U. Bad Anwla b .bww holy by rrinq, dlr.N, m dnppMq. B. P.t Stlwl. -d LAN° Rohe Spam Pw b. PL. F1 FC Re,n.Yn Mnuel AO IL 1 Ib. be,• qulnly, .ut 1. Of R-- noH -.11m. une eh•n S.w eMgl11�� WNInO mdce%d t ree.An Iu.m, 10 It. slaw IS Cove, Ue w .IU nil men men 0.25 MAn el an. 0.2 Ioa Cow raw .1. An Imgw RpPnbw ding I iumSeel MlIana.- ndd/n .tt1A5. q»NW1n3 .a,nA . eeo;0.w . eFthen. H,llly s 104 -CHAD A Men It la I he Ancbl a eaeweEr°.«tee l aew Mto moll Bog, re, nwldbe mulnw to IwPllaw psmMati-. 3.00 el-TENANCE A If he bending lee• to ,re,, It may new t. be re- rlpolAnnd .prole. bbpu.E. e,o.1- a-lra. te r r m p. <ntrdlw by -All,, SECTION 02936 - PERMANENT SEEDING PART t - GENERAL G1 -A., A. Let. Mauer: 1. u hg en Ina, e­b. -a eµlmnt le eempll. ^ e_g ark AA lea m the a p• -d pwbd 2. Ewae then, N .-Ile Horn « npwNlbd, ON, Cnval- .. aew al meee Me• ran Aontwn m non - M. mo.kpe -a dl me, An.e A.l•M° Pala a w nee Inn aeurew b, IN Datred e. q.el.. 9. AY e.k ant meewW e1 the. -1. Mal .anfenn w the .plod• ­--te pf U. VAOT Se-ema 10--tbn, ONem a.. 1.02 S19WTTAlS A. Im.. the ,Ile-, f.r pprewl pH« b wlrY to be, '114L,pIW. Ce,linmw of Cbmp.m eteetkg that IYne. Mlll. ene wd me, the rpuFAnnl. MAan.d a, The C,h`-.1 ran aroAaA rAreente. !when ampin ley trthg and aprowl, wlwr ample. w b pllk .Wet- M. e,n trOng lap« lain° _A »rat _h, I. the L _,M, eNnllwt and be, An cmt. Tel An. rAp- m men-ka and aIAlrlkd (pH a n,bi Ole.) .,,Wpl. Reyarl Allen be -It- et last the month bAbn any I-b, k be tie aan.. Loa SEEDING SEASONS A Seel b,Na MRW le,tnxNq Ann be dale Ltew APO I end dm. 1. be. A WM 10 and GbteN 1% « e, p.rYlltw. Sewing nbn nbt be aan. -1, .Mdy .wb A, « 0. tin pbund l fro1An, eee..lwy We, . eUwrlr A lglm. 11 eendpg he brae eudng ANIy « Mgue, ewNl-a mu. Yarnell may eh, r-I- b, 1M Fng.-. PART 2 - PRODUCTS am U. A. U11 ram b. A—. Pwnd dna Item... pg,wi. l Awe. cmttiMMg b YNlmum t OX bf cplWY pin Yelnwum carbenelee. 1DOX ran been, the 10 Yen Nos YMMwY BGi Ann pew tin 20 min MINA . m .- 401n .AW ew the IM men Hew. 2.02 FE. nu R A . that m canmwaa pw gronWar M•1x. ee rube, fb, w ae .shed 1, See. 6A3 of . v Stawe,d Speeinmllma Th• Aetllx. Alen be One w u. prole 1. Ine. seen, w1..an then bee a Ieba Mly drmLMe U. aentple. the wnlml -ay.e . ems lent its I.l.k. 9re0e. eM net bW the brand -d U. non -e wary el the a.bet- The -1- ant Lae. ran wham ll "IN Ste, and Feeertl n,ulat.n, -d Anal meebbt the .lend«de .1 U. AeeeNalim t OMaAI APkullura Ch.mll.. 2.03 CRASS SEED A. Pro ft An. den, raw p need of the grw pecla ,,­t- nd mFlmum we -I.- of purteY. germkt. -a mwmum p.eneam er ...e ...e » tab.. i. PONY rw Mn nbrmanly be Ina m loam «w. Then rw mbwn ntl, utuml to UA IWtieMq lade wnlmum NMI- KFd of seed Pudty G•nnhol. ILA/A. ON.p.1g A. Frru. 95. M. 10 K.pmla Plun BOx 50 .nWny BWpraee B1.]i e6i 20 wwA 95x e9x s TOTAL - 110 H. S.. And Anb. -I, be uad ter a1 •eb..Ark ..thy 11 - AleePw -e nee .-lam to u. fe-G led. YNmum Nke et Seed Plurlly um Ge-1 all- ../Aa. C_., Rw Faroe gex es; ab P_Ikn 11- .d. Rate gSS e0i 3 . BJi a5 ebaelol T.I. .a; emox TOTAL - O S. Th. seed ml.ture ndl be b-ed 1n h.., aw, -11, cmle- Labe. and <-Inv Mall conlmrrl [b al Slel pw Feek- rpwati.. Sege Mal L wbjM In the trek. praNa el the Armb11- OI .-1. -1 Map,. C. Sea the n bran. het YNdy, e, elnmW ame•el .k be lJ.- 2.0A MULCH A. A. ^wet be I e.h. n .11 ....... The in..mq multln. e,. axptav fee u 1. MAY mule nW of ew. end c » mete, e1 brill. e1 W pwnb pr 1.000 pool I»L 2 Wow flbar poll. N p Burry (1/.• a Imp.) e e rat. Af 10 Pwna. Pr 1.000 au«. I ., 2.DO WATER A. A aW uw th doe -heel hA- ad nth ee L Nham Inp-, de, 1 md eher I- whenM ­1 ell plant Ill.. ".Anw th. l bye ein the IN, pwmittw At her Um. TM CAnlrate, Mn Ibn1" to U. E.,.- al __ .1 ate, el -1 to .inn pen w .a The EngNw. At nine dlwell-. Y., wkA .«epee .1 tee av At In. ee hem the 1-k fly tie. and he. laberp,bry I-, U. wrap. fe, Anktl -d Ne.. m L Its C-,rode, nth Mel ter Any ew hall eny worm th. l dlaprowd by the En01nw falwNg hen teen. 206 NERBOOES A. A l eYergenm h-tid, adore (tu w). doll be Apples w U. MI.. teen h Need,, I. lb wwf pkf to MM 1. Thin toe of heel- N •fie lM tigaMel ,«mkethg .•Aar - It ne. U• pne yl.e they Ame,g. In U. all wrtem, - nnp« ty, It diNA oat Mte,1m tU U. ge,mket. of c »Aeon Paw wan e. ene-y Bugeen and C-26 H ,1 Fra. B. Aplkelim: Cenvectm ram ter nvv mn N hanaing. Sldunn, cane-ly ywn r •luparwn : thdi M libelee At Ue Y-ulOWM• r.wmm�bd raw. 2.07 RNAL FERTNRFA A. 'U-hil el, `N­tb m' anlaNirN 3e; nitm9 In o aw rdAw tam. PART 3 - MCUTON 3.01 MEPARAYON A. EwmNA Mtn wffocee and ,edee. Dp not e.t .wdNg eAr, AYJ u AeIA «y emdlt.• «e -e- Perf«m ,-d wow.. .«. ear pn -d erne, .Ark bHa1Fg grwna ram e.n amp.ta B. NO My L-aw.» Ar-It et lwrt won (7) e g bye pin le .1-ho eeedl," C. Prpan aaa -.1b.y 1- w -In. IN, .1- 1. Labor all e1 Awe «m. te a minl 611E of A'. L R.no'W tens - I' M my didm•t« And eth*o, ante. -Ice nd --A «aew. 1 Rembw ..'Me .ewe -d pray» OY punkn w lW1Nq Mae,. .. Orb Arw tM weed tp . ti .nhelh, he, erpinMg Awn wrle..nn b l.b.e. mmmwy .wee t» s. R.new 'I"Ne - Ni dpreen- A. r. - . el.., e. RA em -,At! meoe If e,ww w dlntuMd alp w redly" 1.2 SLEOING CWOI11005 A Sa.eMpgp nl nA O,eppq A! I. 0p nee wKa I./oelmY anal. le, :­N.NO -IrG A.all-• Anall M aneuelw uw. « . e..ee .maw aenemn« th.An mwwn and.. I -ea• (lee ..l ,» rl w thn .na .hew s NPM-1 B. C.nI—- m.lhw Nall be he. r tell -Ad e. bP-emIney aheplal. end IwWe. tin. LmvaeW ndl keee d wlpmnl me MkWw en -MT. All . Inv. new been eeww top tt eeam,wti- -e etimtipe to poop p-l. YA_ .Nth vamp.,. he. ArcuYw. theOn e Ct-tee Mall re- Its en to may a wllnl. ew pee: Inn reAA.e and mull Au. era. eft, the, Its -I. mpterkle, el the »,ra glee he G SuMw aW wage ate Aiwa L aeFed e, d-NI Iran M al. le ­1 b, .Ntr k g e1 the Plnl D. An:-.., and pert. of wall thlcM1 f.n to thoe a unlle,m .t gror rr nr rm.bn thel.A.s thaI L r....ew, and .ten «Abe ma cert. pf arobe ntl, b< eewAa ypwtwY unlll al eraA ar. whew ellM1 a mllelalory proelM1 al Pee.. 1. Newts a nwrnry awn-t lr AAwalm­ -d a MM F. m ryar.ee he. ben pence la IAnpmry .roam .ova AW nee opt ben dinnNetee pHm Ie the -e- .1 its eae, wN «w doe be elw a IAne ] Mnr by - wbe in p.m- end to proem It. I-w Iran raAAeNg -d bwwnlnq cet1Uw .1. .1 rdkg beepmnt el UA h.mennt roll.. l.01 SEEONG A. LFnA nil fe,tNIAr nnwd be ApI1w prior to . at the ten. er e. 9 and hIl p eew We the ail. KFb -d . er nee -a Mdula. nwla b. be.w n an awluplln of em tr.a A all tot l nut pwllpble. W rdleane minimum amwnV nwle A. epllw: APkWtwtl I.nwl-A, 2 toll P• om a 1. 1. be, ,pOD eeuaA l.t. Nltro,n (N). SO le., per and er 1.1 1— p. 1,000 eµ.n rr1. AaAum ft«; P2.). 1. el. Aw w. a ] 2 be Aw 1.- Pecan (N20), 100 I.A. per acre « 12 IN. pe, 1,000 Aquae !»I. (New: Thee l U. aµlWWt of 500 1. be, w. Af 10- 2D-20 Iertnl. « 1,000 1. per hen e-10-10). B. Seed -Id be spread hill by the methw moat __.t. U. AM. YHneb kaud. dwbeelbg -1 nyae. . m len..n I. 9r ..lk9: L. - u.k, m•U-k. ,rw.e, e a raw of b Ibt/1,10DD auar. Mt Olnvpul• end b• Arw by aeng eeua eu.tMy F tee 1.- w-ly1e-ut ne Pr AAn a a Rbb. Al e li,i .1. lA 1/6' Of tpmn, rat Ilghtly -a .al. .Nth a M. pro, 2. 11.DA.wk1: pee wMed. Iertele, -d y Nq eeulpmnt pawwly wGiNe . nprm»A gbhp aN.. Cnthw• elan. tell. -N-ly anew .1. hmegnw. W.- wH.. a hy-ill, eb,ne el-. Apply Many u.Nermly In tp . AA- Re. bf pplme. be nwbnd la eblbN Aminee eend .vamp rat.. 3.0 en-ING A N- male,ki. Mai b. Ap uniformly by one a moral• .1 a 'e. .1 tee w In. beee - A,ODG Hoar. yet. B. bg-k Nut. AMImM, - Sv a MY mule muse be w knmwll.Iy Ally eb.eeFg I. pent .Ile w-g. 1GA I NNTE1NARCl A The Yalnt•rw111 Pw. 041 be,ln a 11tey alto e.edlnq and .61 ants.. -In pccpmnce. B. An men« moat be H.p.lw be, coy, N pot cola ene, re 0H 1e raw lb, On Aw.. Mre mom N abeArvee, ­­d m All be ppnw. N w e y ..-led e1 lam. lr dwemu- m .r . athwl. a le-eq. a:w be ­AAAA, till. rpbe.g dmbpA 1e we ep.e N.ppt.. An... - pee• u 11 grAree An nmiy M..- P- Mal n.1 be omAN.w A eobi.w until A pound owr b onlwa Ahkh IA «Awn nw91, lti emw ail .eel,e, and wMw A.wre wNw mndn.a M mull H one hen ly b,l .nU manmle pnde N paHedlraly O,,eenh, the De, lA deeet 'Ap If tmuln 1. mo,telnNq .ovea0• e! lM W eNnea rapt r nAAe.E. C. S 9 Arw ran be prelwlw end Y Ihtnteee by .e lnq, rnnehq, mwlnq. Aewing. ro q, h-t a deepen -br., Yen.- rtfertlllpp and rpelr At Ate-te all a. -eeary, C, The CO,v t« Mal m Itldh .I awed am. -tin lull -eel- i. rtebllnw. 1 . m. then be _tIr pm e..b aW -,.. ee, md.e. b - ... (neelr) the I- hen Anal . «aew M H. MIA.Np m-le, Won glee ran» b ndPl of a-e•. me. tb a noel el 2. A nt tee wtthg. hen be mob Wlm le float nep.ene•. E Fang me.lnq, d1 p.mhen, Neel Per se, (meets e.w) ndl mew b unl pplkel. of A. rdmr le,t.lxw hyd-11 ly hit en et the of 10 pwnb her 1. Ahem Ire, ].OS ACCIDTAM. A. pal. le bl.mMA eccpinm of weed awe .111 be mob by the Lwd•mpe AMltect, team Cmvmlbie aMn 1.r.a w PreAdA notlllwt. of 1- W (10) .aYln, bye beron -.tee Mgat. eel. e. sA.aw A. .»lthl -Ad. a1 Nemtl. aMinmm a wbAYn b n - emote .Ito -d a Melthy uhf- Ia.n 1. Ae sell... c. teem emm,-a u. A-w .it Aram. m.Fl-hem. 106 WARRANTY Ah A m •Ran bl. el Onm'.e neccgUnc.�AwW tnt •rand afwM1ten in m .- lull wgrt . he mall An be rill....in Ill. 1pmlllmlW he valewd At Ile cat .r the e-veewr. INLET GRATE TIT, III I I I (TTTITTTTrTrT STRAW T HAY - I I BALES STAKED - WITH TWO STAKES - PER BALE CATCH BASIN INLET PROTECTION N.7. S. 6• . 6' 14.5 GA. WIRE YES, 30' HIGH AND BURIED 6' BELOW GRADE. HOOKED TO STEEL STAKES (WIRE MESH FOR FENCE 24-EAlm OR LOWER) FILTER FABRIC CUPPED OR POST "RED TO MEW. TO BE MIRAF IOONS OR APPROVED EQUAL FENCE -T 2A' W 2 n 2j I16' ILVI 2•' NIN PETA POeT a 0' • •roar . ty9aD la la ' PAONO 24• FILTER FABRIC TO BE CLIPPED. RACKRILLED AND TAMPED 6• BELOW GRADE STEEL OR WOOD STAKES SEE CHART AT RIGIIT 1 STALL SILT !FENCES AI TOES 'UNPROTECTED SLOPES AND An PARNiFi TO mNTaIWs ee POS%E Ol THE FY03 OF THE -CE W Ym - SOE. RQOYE �IYENT WEN ACQaAAIFD TO - THE IOW, . p< ICQ 001TRACTOR .- 1.I- e.T -1 AT THE TGE OF ALL - OR LNFAORlCTE11 RDIECI[D TO ON THE FINAL RAH6m RLT FENCES ME �RF YAHTAINEp NOT LY LW1E YDEf ARE srMwOD. 1 'eDYON 'Ail[ PENCE . a FA6IENUI I O-Y TO POsn WTH WR' TO Ot . APIs I RLTGA CLOTH TO RE FAS ED WEOp1E1Y TO eOVTN WRE TNfl WM lEl DALEED EVERY w AT LOP MO STOnGI ANG Bond. ♦ WREN TWO SCnMW . - CLOTH AO.Ml1 f OTEIt TIN Awl . oAVEMpm er r. FQOED AND - SILT FENCE DETAIL N . T ti SITE ENGINEER: _11i A CIVIL ENGINEERING ASSOCIATES. INC. P.O. BON IBS SNEIbUNNE. VI MdBt DRAIN, JSO J MD APPROYWO JLM OWNER RICHARD T. & REBECCA B. CASSIDY BIE4/lEl�f PROPOSED BUILDING ADDITION LYONS AVENUE SOUTH BURLINGTON VERMONT A SOlaI BULLING ON LOCATION MAP T• . Z000 ben t'oc® esvmoN EROSION CONTROL DETAILS AND NOTES JAN_ 2005 all NONE C3 IN'. H0. 05104 -J w� Uw = Q~ �w - cn �D Li --- ---- E--� 0 Second Level Plan 1 / 8" = 1'-0" I� O w Uw w olu I w � I I N IV F� Main Level Plan UP 1/8 — 1-0 Entry Level Plan 1/811 = 11-011 O CIa CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 1 Permit Number_- APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of hearing. Type of application check one: ( ) Appeal from decision of Administrator Officer (includes appeals from Notice of Violation) XRXRequest. for a conditional use ( ) Request for a variance ( ) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY) Queen City Park District WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? NONE 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Richard T. & Rebecca B. Cassidy, 5 Lyons Ave. South Burlington, VT 05403, 802-3 — 144 802-860-+565 (fax) 2) LOCATION OF LAST RECORDED DEED (Book and page #) - 139-41; P. 137-8�ee Plan at Slide No. 420, P.2. 3) APPLICANT (Name, mailing address, phone and fax #) Richard T. & Rebecca B. Cassidy, 5 Lyons Ave,..South Burlington, VT 05403, 802-864— fax — — 4) CONTACT PERSON (Name, mailing address, phone and fax #) Richard Cassidy, 5 Lyons Ave. South Burlington, 802-864-6400, cell 802-238-2809, fax 802-860-1565 5) PROJECT STREET ADDRESS: 5 Lyons Ave. South Burlington, VT - 'A6) TAX PARCEL 113 9 (can be obtained at Assessor's Office) u.0 — C,'�- 6 6 S — 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Single Family Residence. b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Same c) Total building square footage on property (proposed buildings and existing buildings to remain) 3168 sq. feet d) Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement and mezzanine) 25' to midpoint of slope of roof. Basement and 2 stories, existing and proposed. e) Number of residential unigs (if applicable, new unit and existing units to remain) Existing single family residence to remain; a d accessory residential unit. f) Number of employees & company vehicles (existing and proposed, note office versus non -office employees) None. g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): This is an application to renovate an existing single-family residence. Submitted at the same time is a seperate application to establish an accessory apartm®nt on t e groupfloor. 8) LOT COVERAGE a) Building: Existing 19 . r P/fi Proposed 19 • 01 b) Overall (building, parking, outside storage, etc) Existing 19.6% Proposed 19.5% % c) Front yard (along each street) Existing _% Proposed % (does not apply to residential uses) 9 9) COST ESTIMATES a) Building (including interior renovations): $ 200,000 b) Landscaping: $ c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) LIST ABUTTERS ( List names and addresses of all abutting property owners on a separate sheet of paper). 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. SI�TTI-lGNATPLICANT OF PROP TY OWNER Do not write below this line DATE OF SUBMISSION: (/ D REVIEW AUTHORITY: KDevelopment Review Board ❑ Director, Planning & Zoning I have reviewed this site plan application and find it to be: ? Complete -) ❑ Incomplete C of Planning & Zoning or Designee Date d EXHIBIT A SITE PLAN The following information must be shown on the plans. Please submit five (5) copies and one reduced copy (I I" x 17") of the plan. Failure to provide the following information will result in your application being rejected and a delay in the review before the Development Review Board. o Lot drawn to scale (20 feet scale if possible). o Survey data (distance and acreage). o Contours (existing and finished). o Proposed landscaping schedule (number, variety, and size) as required in Section 13.06(G) of the Land Development Regulations. o Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. o Existing and proposed curb cuts, pavement, walkways. o Zoning boundaries. o Number and location of parking spaces (as required under Section 13.01(b) of the Land Development Regulations). o Number and location of handicapped spaces (as required under Section 13.01(I) of the Land Development Regulations). o Location of septic tanks (if applicable). o Location of any easements. o Lot coverage information: Building footprint, total lot, and front yard. o North arrow. o Name of person or firm preparing site plan and date. o Exterior lighting details (cut sheets). All lights should be down casting and shielded. o Dumpster locations (dumpsters must be screened). o Bicycle rack as required under Section 13.01(G)(5) of the Land Development Regulations. o If restaurant is proposed, provide number of seats and square footage of floor area provided for patron use but not containing fixed seats. APPLICATION FEE ❑ Appeal of Administrative Officer $ 110.00* ❑ Conditional Use $ 135.00* ❑ Miscellaneous $ 85.00* ❑ Variance $ 135.00* *includes $10.00 recording fee List of Abutters: Mark Chaffee & Lori Hayes 11 Overlake Park Burlington, VT 05401 Mr. Harold G. McCann & Ms. Jennifer Strickler 7 Beach Crest Burlington, VT 05401 Chris Atkin Unit # 1 63 Central Ave. South Burlington, VT 05403 Judy Lian Unit #2 63 Central Ave. South Burlington, VT 05403 Mr. & Mrs. William Birnn P.O. Box 158 Jericho, VT 05465 Cassidy Residence 5 Lyons Avenue The project proposed is a renovation of an existing single-family residence. The renovation will include a small addition to the north side of the structure, removal of existing exterior stairs, removal of the majority of an existing shed on the east side of the structure and refraining of the roof per plans. In addition, the Owners are applying for a separate permit to establish an accessory apartment on the ground floor. The residence is currently a non -complying structure in relation to the front and rear yard setbacks for the Queen City Park District. The proposed project will not increase this non-compliance and, in fact, will bring the structure more in compliance by removing most of a shed that is currently within the rear yard setback. Under the regulations, the cost of altering a non -complying structure cannot exceed 35% of the fair market value of the existing property, which according to the attached is $540,000.00. Based on the following schedule of costs based on the definition of alterations per the regulations, the total cost will be well below the 35% limit, which is $189,000.00. Demolition $8000.00 Excavation 1000.00 Concrete 4500.00 Framing 33,000.00 Ext. Trim and Siding 17,000.00 Ext. Doors and Windows 9000.00 Roofing 7500.00 Total $80,000.00 Planning f5 Lyons Ave. Ground Floor Friday, February 25, 2005 Planning t 5 Lyons Ave. Ground Floor Friday, February 25, 2005 Planning 5 Lyons Ave. Ground Floor Friday, February 25, 2005 CITY OF SOUTH BURLINGTON 11DEPAWIrMI NT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2005 Mark Chaffee Lori Hayes 11 Overlake Park Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Administrative Assistant Encl. :CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNE;G & ZONING 575 SORBET STREET SOUTH B RLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2005 Harold G. McCann Jennifer Strickler 7 Beach Crest Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy NIc onough Administrative Assistant Encl. CITY OF SOUTH BURLING ON DEPAI3T1bIENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VEWAONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2005 Chris Atkin Unit # 1 63 Central Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, 1�i i sy c onough Administrative Assistant Encl. CITY OF SOUTH TH BUR AINGTON DEPARTMENT OF PLANNING & ZONING 575 EORSET STREET S01-j7TI-I EURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2005 Judy Lian Unit # 2 63 Central Avenue South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy M ough Administrative Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONE14G 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, ` 005 Mr. & Mrs. William Birnn PO Box 158 Jericho, VT 05465 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on property located near your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. If you would like to know more about the proposed development, you may call this office at 846-41o6, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy onough Administrative Assistant Encl. State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist October 13, 2003 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, VT 05452 Mike Russell, Esquire Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims, P.C. P.O. Box 1124 Burlington, Vermont 05402-1124 Subject: Boundary Line Adjustment Pursuant to Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules Effective August 16, 2002, Subchapter 4, Section 1-403(a)(12). Cassidy, McCann, and Fire District Number One in the City of South Burlington, Vermont. Dear Mike: This office is in receipt of a request for a review of the proposed boundary line adjustment involving three pre-existing lots, each owned by Richard T. & Rebecca B. Cassidy, Harold G. McCann and Fire District Number One, located off Lyon Street in the City of South Burlington. It is my understanding that the each lot is a pre-existing exempt lot as defined by the Environmental Protection Rules, Chapter 1, Subchapter 2, Section 1-201(a)(23). Further, the Cassidy and McCann lots each contain one single family residence served by municipal sewer and water services and the lot of Fire District Number One is undeveloped. Your request is to convey 168 square feet from Cassidy to Fire District Number One, convey from Fire District Number One to Cassidy 276 square feet, convey from McCann to Cassidy 208.5 square feet, convey 208.5 square feet from Cassidy to McCann, convey 13 square feet from Fire District Number One to Cassidy and convey 121 square feet from Cassidy to Fire District Number One. The information provided me includes the plans Proj. No. 007001, "Plat Showing Survey of Property of Richard T. & Rebecca B. Cassidy, Harold G. McCann and Ronald L. & Jean M. Pepin" dated 4-17-00 and Proj. No. 037005, "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District #1 and Harold G. McCann" dated 6-23-03 prepared by Vaughn C. Button, Land Surveyor. I have determined that this proposed minor boundary line adjustment would result in a negligible effect on the potable water supplies and wastewater systems serving the residences on each of the Cassidy and McCann lots and the ability of the lot owned by Fire District Number One for the installation of a potable water supply and wastewater disposal system. Therefore the boundary line adjustment qualifies for the exemption under Section 1-403(a)(12) of the Environmental Protection Rules. Mike Russell, Esquire October 13, 2003 Page 2 A copy of the diagram showing the existing and proposed boundary lines and all affected potable water supplies and wastewater systems must be filed in the City of South Burlington land records along with a copy of this letter. Please note, this letter does not relieve the landowner(s) from obtaining all other applicable state or local approvals. Please contact me if you have any questions. Very truly yours, Prm� e7Chnstianson Regional Engineer c City of South Burlington Gerald Desautels, Esquire Fire District Number One 41, State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist October 13, 2003 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, VT 05452 Mike Russell, Esquire Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims, P.C. P.O. Box 1124 Burlington, Vermont 05402-1124 Subject: Boundary Line Adjustment Pursuant to Environmental Protection Rules, Chapter 1, Wastewater System and Potable Water Supply Rules Effective August 16, 2002, Subchapter 4, Section 1-403(a)(12). Cassidy, McCann, and Fire District Number One in the City of South Burlington, Vermont. Dear Mike: This office is in receipt of a request for a review of the proposed boundary line adjustment involving three pre-existing lots, each owned by Richard T. & Rebecca B. Cassidy, Harold G. McCann and Fire District Number One, located off Lyon Street in the City of South Burlington. It is my understanding that the each lot is a pre-existing exempt lot as defined by the Environmental Protection Rules, Chapter 1, Subchapter 2, Section 1-201(a)(23). Further, the Cassidy and McCann lots each contain one single family residence served by municipal sewer and water services and the lot of Fire District Number One is undeveloped. Your request is to convey 168 square feet from Cassidy to Fire District Number One, convey from Fire District Number One to Cassidy 276 square feet, convey from McCann to Cassidy 208.5 square feet, convey 208.5 square feet from Cassidy to McCann, convey 13 square feet from Fire District Number One to Cassidy and convey 121 square feet from Cassidy to Fire District Number One. The information provided me includes the plans Proj. No. 007001, "Plat Showing Survey of Property of Richard T. & Rebecca B. Cassidy, Harold G. McCann and Ronald L. & Jean M. Pepin" dated 4-17-00 and Proj. No. 037005, "Plat Showing Survey and Boundary Adjustments Between Properties of Richard T. & Rebecca B. Cassidy, and Fire District #1 and Harold G. McCann" dated 6-23-03 prepared by Vaughn C. Button, Land Surveyor. I have determined that this proposed minor boundary line adjustment would result in a negligible effect on the potable water supplies and wastewater systems serving the residences on each of the Cassidy and McCann lots and the ability of the lot owned by Fire District Number One for the installation of a potable water supply and wastewater disposal system. Therefore the boundary line adjustment qualifies for the exemption under Section 1-403(a)(12) of the Environmental Protection Rules. Mike Russell, Esquire October 13, 2003 Page 2 A copy of the diagram showing the existing and proposed boundary lines and all affected potable water supplies and wastewater systems must be filed in the City of South Burlington land records along with a copy of this letter. Please note, this letter does not relieve the landowner(s) from obtaining all other applicable state or local approvals. Please contact me if you have any questions. Very truly yours, 061 s�rh�rstianson Regional Engineer c City of South Burlington Gerald Desautels, Esquire Fire District Number One DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 November 21, 200I Mr. Richard Cassidy 5 Lyons Avenue South Burlington, Vermont 05403 Re: Six (6) Month Extension, Conditional Use Permit #CU-or-03 Dear Mr. Cassidy: Please be advised that the South Burlington Development Review Board at their meeting of H/zo/oi granted your request for a six (6) month extension to the expiration date of your conditional use permit. You now have until 5/15/02 to obtain a zoning permit for the proposed seawall and stairs. If you have any questions, please feel free to contact me. Sincerer, Raymond J. Belair Administrative Officer Td Richard T. Cassidy 5 Lyons Avenue South Burlington, VT 05403 November 5, 2001 Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Cassidy Conditional Use Application No. CU-01-03 Dear Ray: Sometime in May of 2000, the Development Review Board approved the Conditional Use Application relating to a seawall and stairs for our residence at 5 Lyons Avenue. We have not yet been able to build the improvements, primarily because of delay in getting a completed plan, and then subsequent delay in getting a contractor in to do the work. The purpose of this letter is to ask that this Conditional Use Application be extended for an additional six months. I am not sure whether we can get this project done before the snow flies, but if we don't, we hope to do it in the spring. VVe are actively looking for a contractor to do 'Lhe work at this'Lime. Becky and I appreciate your consideration and that of the Development Review Board. Please don't hesitate to be in touch if you need further information. Thank you RTC/gmf 9412.000. ray.001 11%15%01 17,13 F.Cl 802 380 1565Hoff Curti_. zoo2 Richard T. Cassidy 5 Lyons Avenue South Burlington, VT 05403 November 5, 2001 Ray Belalr Zoning Administrator City of South Burlington 575 Dorset Ste eet South Burlington, VT 05403 RE: Cassidy Conditional Use A plicatio NNo. CU-01-03 Dear Ray: Sometime in %Jay of 2000, the Development Review Board approved the Conditional Use Application relating to a seawall and stairs for our residence at 5 Lyons Avenue. We have not yet been able to build the improvements, primarily because of delay in getting a compisted plan, and then subsequent delay 111 �eltii•�g a eantrootor in to do the work The purpose of this letter is to ask that this Conditional Use Application be extended for an additional six months. I am not sure whether we can get this project done before the snow flies, but if we don't, we hope to do it in the spring. We are actively, looking for a contractor to do the work at this tin-ie. Becky and I appreciate your consideration and that of the Development Review Board. Please don't hesitate to be in touch if you need further information. Thank you. ' cerely, ichard T Cassidy RTC/gmi 8412.000.rdY.001 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 18, 2001 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Application #CU-0I-10 Dear Mr. Beaudin: Enclosed is a copy of the Development Review Board minutes of May 1, 2001. Please call if you have any questions. Sincerely, t, Raymond J. Belair, Administrative Officer RJB/mcp 1 Encl CITY OF SOUTH BI.JRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 17, 2001 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Conditional Use, 5 Lyons Avenue Dear Mr. Beaudin: Enclosed please find a copy of the Finding of Facts of the Development Review Board meeting on May 1, 2001 (effective date May 15, 2001). 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 questions, please give me a call. Sincerely, Sarah MacCallum Associate Planner Enclosure CITY OF SOUTH BLJRLINGTON (DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 27, 2001 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Conditional Use Application, 5 Lyons Avenue Dear Mr. Beaudin: Enclosed is the agenda for the next Tuesday's Development Review Board meeting and my comments. Please be sure someone is at the meeting on Tuesday, May 1, 2001 at 7:30 P.M. at the City Hall Conference Room, 575 Dorset Street. Sincerejy, �ay and 1. Belair, Administrative Officer RJB/mcp Encls 511101 MOTION OF APPROVAL CASSIDY— CONDITIONAL USE APPLICATION 5 LYONS AVENUE I move the South Burlington Development Review Board approve conditional use application #CU-01-03 of Richard Cassidy under Section 3.506 and Section 26.05 of the South Burlington Zoning Regulations to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue, as depicted on a plan entitled "Cassidy", with a stamped received date of 2/26/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The seawall shall be=cerl-i/-sts to enhance its aesthetic impact on the lakeshore and to provide the appearance of natural materials. 3) 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. 4) Any change to the site plan or appearance of the sea wall or steps shall require approval by the South Burlington Development Review Board. DEVELOPMENT REVIEW BOARD 20 MARCH 2O01 Mr. Dinklage asked if the item could be tabled. Mr. Belair said it can be tabled indefinitely, but there is a $100/day fine. Ms. Westlake noted thev could not remove the trailer until the snow is gonc. Cameron suggested tabling. Mr. Cameron moved to table the public hearing until the first meeting in June. Mr. Chamberland seconded. Motion passed unanimously. 4. Public Hearing: Preliminary plat application #SD-01-10 of White Rock Development, LLC to amend a previously approved 36 lot single family subdivision on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Country Club Drive: Mr. Burke said they are making the change to allow for larger lots. The applicant had not issue with staff notes, but did note that the Fire Chief wants to connect the cul-de-sacs. The applicant does not want to do this. They have agreed to extend the rec path/sidewalk and to add a "T" for the cul-de-sac. This would be wide enough for emergency access. Mr. Dinklage said he would comfortable with an 8-foot rec path with the stipulation that if it becomes a cut -through, the Board would recommend a bollard. Mr. Belair suggested getting me Fire Chief's approval for that. Mr. Zaetz suggested also contacting the Airport Fire people as they are the first responders to the neighborhood. . Mr. Hansen asked why there is a rec path there as he did not particularly want it. Mr. Belair said they are connecting the neighborhoods. In reviewing the draft motion, members changed the words 'access drive" in stipulation #7 to "connection". Ms. Quimby moved to approve the Preliminary plat application #SD-01-10 of White Rock Development, LLC, with stipulations as outlined in the draft motion of approval dated 3/20/01. Mr. Cameron seconded. Motion passed unanimously. 5. Public Hearing: Application #CU-01-03 of Marcel Beaudin, AIA seeking conditional use approval under Section 26.05, Conditional Uses, and Section 3.506(d) of the South Burlington Zoning Regulations. Request is for permission to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3'x28' from an existing deck to the proposed sea wall, 5 Lyons Avenue: Mr. Cassidy said he and his wife nlAin the property, which they bought in January,2000. They had it inspected and found it needed considerable repair/improvement. There is a 3 DEVELOPMENT REVIEW BOARD 20 MARCH 2O01 lot of erosion, especially in one particular area. Mr. Cassidy circulated photos which indicated where the wall would be built. Mr. Cassidy noted that in doing work nearby, neighbors had discovered a layer of silt, which concerns him even more. Mr. Dinklage raised the question of a stone facade. Mr. Cassidy said it would be much more expensive as it would involve having to pump out silty water. He said they may want a stone facade in the future. Mr. Belair stressed that the Planning Commission specifically wanted natural materials to be used. Concrete blocks do not meet this criteria. This is a new requirement. If the Board approves a non -natural material, it would be hard to require natural materials for others in the future. Mr. Belair added that staff iJ concerned with erosion on other properties because of this proposed seawall. An engineer should be asked to evaluate this concern. Mr. Cameron said there should be something better than concrete blocks, but he was uncomfortable with the potential cost. He felt there may be products that will meet the aesthetic issues. He suggested a motion asking the applicant to come back with a more aesthetically pleasing plan. Mr. Cassidy said they want to do the work before the ground thaws. Mr. Belair said he would call to get more information. Ms. Quimby noted the end of the seawall is shown over the sewer easement. She asked if this is advisable. Mr. Belair will look into this as well. Mr. Quimby moved to continue the hearing until 1 May 2001. Mr. Farley seconded. Motion passed unanimously. 6. Public Hearing: Application #CU-01-04 of Sarah Chausse seeking conditional use approval under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to c-aate a 552-sq. ft. accessory residential unit within the existing single family dwelling at 6 Iby Street: Ms. Chausse said they want the addition as a residence for her mother who needs someone to look after her. She noted that people on either side of her house have no problem with this. Mr. Dinklage explained the regulation that this will be only for a person related by blood and that the principal owners of the home must live there. 4 DEVELOPMENT REVIEW BOARD MEMO MARCH 20, 2001 MEETING Impact Fees: The road impact fee will be $3,267. The school impact fee will not apply to permits issued before 1/9/05. The recreation impact fee will be $200 per lot. 5) CASSIDY— SEAWALL, RECONSTRUCTION UNDER SECTION 3.506 (D) - CONDITIONAI.. USE APPLICATION, 5 L YONS AVENUE The applicants are seeking conditional use approval under Section 26.05, Conditional Uses, and Section 3.506(d) of the South Burlington Zoning Regulations. Request is for permission to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue. This property is located within the Conservation and Open Space District. It is bounded on the north by single family residence, on the west by Lake Champlain, on the south and east by vacant land. Criteria of 3.506 (for water oriented structures,) d) The proposed seawall will: 1) to the greatest extent possible use natural materials. Staff recommends that a stone wall facade be built to hide the unnatural concrete block wall proposed. 2) not increase the potential for erosion. The applicant should be prepared to address this criteria at the meeting. Often when a seawall is constructed it minimizes erosion on the property and increases erosion elsewhere. 3) not have undue adverse impact on the aesthetic integrity of the lakeshore. While there is a concrete block wall adjacent to the property, staff recommends that the new seawall be covered in stone to enhance its aesthetic impact on the lakeshore. 4) result in minimal removal of trees, shrubs, and ground cover. The applicant should be prepared to address this criteria at the meeting. e) Existing trees and ground cover shall be preserved and maintained to enhance the aesthetic integrity of the lake shore, provide a visual buffer form the lake, and an absorption area for erosion prevention. Conditional Use Criteria: The proposed use complies with the stated purpose of the Conservation and Open Space District to "maintain and improve the quality of natural resources such as soil, air, and water and the natural process by which they are related, and to ensure a safe healthful, and aesthetically -pleasing community." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. The applicant should address the aesthetic criteria above and be prepared to address these concerns at the meeting. c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic. 3 DEVELOPMENT REVIEW BARD MEMO MARCH 20, 2001 MEETING d) bylaws in effect. The proposal is in conformance with the zoning regulations (see above). e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f) general public health and welfare. No adverse affect is expected. 6) CHAUSSE—ACCESSORY APARTMENT - CONDITIONAi. USE APPLICATION, 6 IBY STREET The applicant is seeking conditional use approval under Section 26.05, Conditional Uses, and Section 26.75, Accessory Residential Units, of the South Burlington Zoning Regulations. Request is for permission to create a 552 square foot accessory residential unit within the existing single family dwelling at 6 Iby Street. The property at 6 Iby Street is located in the Residential Four District. It is bounded on the east by a single family residence, on the north by a single family residence, on the west by a single family residence, and on the south by Iby Street. The proposed use complies with the stated purpose of the Residential Four District to "encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods." The proposed use will not adversely affect: a) the capacity of existing or planned community facilities. No affect expected. b) the character of the area affected. No adverse affect is expected. c) traffic on roads or highways in the vicinity. The proposed use is not expected to impact traffic. d) bylaws in effect. The proposal is in conformance with the zoning regulations. e) utilization of renewable resources. There is no utilization of renewable energy resources to be affected. f j general public health and welfare. No adverse affect is expected. Section 26.75 of the Zoning Regulations: The occupancy of this accessory unit will be limited to the conditions of Section 26.75 of the Zoning Regulations including: a) Occupancy of the accessory residential unit is restricted to not more than two (2) persons, one of whom is related by blood or marriage to the owner of the primary single-family residence, or is disabled as defined in subdivision 252(2) of Title 18, or is at least 55 years of age. b) Floor space of the accessory residential unit shall not exceed 30% of the floor space of the existing living area of the primary single-family residence or 400 square feet, whichever is greater. c) The primary single-family residence is occupied by the owner. The applicant has been made aware of these conditions and does not have a problem with them. 4 DEVELOPMENT REVIEW BOARD MEMO MAY 1, 2001 MEETING Impact Fees: The road impact fee will be $3,267. The school impact fee will not apply to permits issued before 1/9/05. The recreation impact fee will be $200 per lot. 5) CASSIDY— SEAWALL RECONSTRUCTION UNDER SECTION 3.506 (D) - CONDITIONAL USE APPLICATION, 5 LYONS AVENUE This project was continued from the March 20, 2001 meeting (minutes and memo enclosed) to provide the applicant time to meet with the City Engineer. The applicant has since met with the City Engineer and has his approval to construct the proposed sea wall within the sewer easement. The applicant has also proposed sandblasting the proposed concrete blocks to expose the aggregate thereby creating a more natural look. Staff has concerns that the use of concrete will set a precedent for other sea walls. Section 3.506 (d) of the Zoning Regulations states that water oriented structures should "to the greatest extent possible use natural materials." The use of concrete would set a precedent for the use of unnatural materials within the Conservation and Open Space District and thereby go against the intention of the Ordinance. 6) RIGGS — SITE PLAN — OUTSIDE STORAGE,16 LIME ROCK ROAD This project was continued from the April 3r meeting (minutes enclosed) to provide staff an opportunity to look into removing the island on Lime Rock Road. This island provided the applicant with an access problem that would require the applicant to exceed front yard coverage in order to provide adequate turning movement for trucks. The City has no problem with the applicant removing the island or a portion of the island. 7 & 8) DESARNO — SITE PLAN & CONDITIONAL USE - 2,100 SO FT BLDG FOR MIXED USE,1944 WILLISTON ROAD This application consists of: 1) removal of a single family residence, and 2) constructing a 2,100 square foot building for a mixed use consisting of 450 square feet for automotive rental use, and 1650 square feet of general office use, 1944 Williston Road. This property is located within the Mixed Industrial and Commercial Districts. It is bounded on the south by Williston Road, on the west by a private right-of-way, on the north by a commercial property, and on the east by two residences and a commercial property. Site Plan Criteria: Access/Circulation: Access will be provided via a private right-of-way known as Aviation Avenue. The plans illustrate this no.w. as Customs Drive. The plans should be revised to note the correct name of this r.o.w. A 23 foot access drive off of Aviation Avenue will provide access to the property. Circulation on the site is adequate. Coverage/Setbacks: The building coverage will be 5.2% (30% max) and the total coverage will be 50.16 (70% max). The front yard coverage along Williston Road will be 0% (30% l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April a, 2001 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: 5 Lyons Avenue Dear Mr. Beaudin: Enclosed is a copy of the March 20, 2001 Development Review Board meeting minutes. If you have any questions, please call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl 04?05/2001 14:59 602-852-0283 SEAUDIN AND ASSOC PACE 01 TO: TRANSMITTAL RAY BELAIR. South Burlington Zoning and Planing FROM: BEAUDIN and ASSOCIATES inc 1233 Shelburne Road, E1 South Burlington, VT 05403 802 862 %33 fax 802 862 0283 beaudhog ogethermet RE: Sea wall application: Richard Cassidy residence 5 Lyons Avenue Date: 5 April 2001. # of pages 3 Herewith is a recent survey of the Cassidy property showing sewer easement, adjacent properties and their respective sea wall& formally no construction is allowed witbin a sewer or utility easement. However, I suspect that the construction of the sewer line would not of involved the undermining of the then existing sea walls on the adjacent properties or for that muter the Cassidy bank. My hunch is that the easement is a surveyors alignment and may not. actually indicate the locationn of the sewer line. To build a sea wall on the Cassidy property off the sewer easement will require digging into a virgin bank and result in a 6 to 8 foot high wall W lieu of 4 feet, the height of the adjacent walls that are now well over the surveyors easement alignment. I suggest that we get DigSa,fe to ;flag the location of the line to test my contention. What say? Marcel C: Cassidy wZ4 4E �LAGSTQ,+yE PA r/O o � LAJ MASONRY SEA MALL 7- 3 0 ._ ��wFR �•:as�ur (SEE vo N49, �q It 77E- Lam' - 2 8 S'' p�E E ---- - -- — - D1 S �4•� YO BEA C "6Dr 3 21-ao EDGE. vx y'qT 3•2.-0 0�-~-- v i -7_`- I--- 04/05/2M 14:59 892-652-0283 BEAIJDTN AND ASSCK. FACE 02 a �lm V1,3 1 �Pol* N T rT.Vr7 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNdNG & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 27, 2001 Marcel Beaudin Beaudin & Associates 1233 Shelburne Road South Burlington, VT 05403 Re: Application #CU-01-01 Dear Mr. Beaudin: (Enclosed is a copy of the February 0, 2001 Development Review Board meeting minutes. If you have any questions. olease call. Sincerely, RJaymond I. Belair, Administrative Officer RIB/mcp 1 Fncl w 1 iiltu O 1 C LV, (cc) c Cyr o o -- a p� C3L CLAct,cn ?! .. rAyNG p 0 „ �o A ' E� VE Ca -� CIQ u u W -sift Q 98 25" DEED) p C) c� O Lo o o 1p 41 L A cS TONE Pa Tio `� �� �• X r - l �j - w 1- O .-_ ✓E AIA SOLAR Y SEA WALL .._.-. SE-�yF_ �r `-' DECK '`"-_ f A `- r (SEE VOTE �k. vt N0 ,r 9J t t- � �- f I C C.� � ----_ Ae TIC L a✓E - - - BEA CH ED(3E OF ,y/ 1 '5- j oo-'----- . r. z .�i/ ,._ ., ..,,,, .m �r �.�a,_ .,...�..: ,,,�, �, "�� 3/20/01 1 MOTION OF APPROVAL CASSIDY— CONDITIONAL USE APPLICATION 5 LYONS AVENUE I move the South Burlington Development Review Board approve conditional use application #CU-01-03 of Richard Cassidy under Section 3.506 and Section 26.05 of the South Burlington Zoning Regulations to construct: 1) a sea wall to elevation 103 for approximately 50 feet, and 2) construct a set of stairs 3' x 28' from an existing deck to the proposed sea wall, 5 Lyons Avenue, as depicted on a plan entitled "Cassidy", with a stamped received date of 2/26/01, with the following stipulations: 1) All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2) The seawall shall be covered in stone to enhance its aesthetic impact on the lakeshore and to provide the appearance of natural materials. 3) 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 4) Any change to the site plan or appearance of the sea wall or steps shall require approval by the South Burlington Development Review Board. CITY OF SOUGH BURLI GTON DEPARTMENT OF PLANNE14G & ZON�NO 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 16, 2001 Scott Gardner Northeast Construction Company 1570 Brownell Road Williston, VT 05495 Re: Conditional Use Application, 5 Lyon Avenue Dear Mr. Gardner: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments to the Board. Please be sure someone is present on Tuesday, March 20, 2001 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Administrative Officer RIB/mcp Encls CITY OF SOUTH BURLINGTON DEPARTMENT OF PIANNING & ZONING 575 EORSET STREET SOUTH BURLINGTON, VEILMO1NT 05403 (802) 846-4106 FAX (802) 846-4101 January 26, 2001 Scott Gardner Northeast Construction Co. 1570 Brownell Road Williston, VT 05495 Re: Conditional Use Application, 5 Lyon Avenue Dear Mr. Gardner: Please find enclosed preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on March 20, 2001. If you wish to respond to these comments or submit additional information, please do so no later than March 14, 2001. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, Sarah MacCallum Associate Planner Enclosure DEVELOPMENT REVIEW BOARD 6 FEBRUARY 2001 It was noted that the City Engineer recommends extending the sidewalk across lot #17 to tie into the easement. Mr. Zaetz noted there is a bad "S" turn that should be considered. He also noted that there are 7 homes that have sustained damage as a result of the blasting going on. Mr. Loller asked how close the first house is to his property line. Mr. Burke said the requirement is 10 ft. The house would be about 85 ft. from Mr. Loller's house. Mr. Loller asked if the contractor would take care of repairing all the street damage. Mr. Burke said he would. Mr. Loller noted that his house shakes for 2 hours a time because of the blasting. Mr. Paige asked how far the gully would be filled. Mr. Burke said the finished road would be 10-12 ft. below the elevation at the back line. It is now about 30 ft. A resident noted that they are paying taxes on the new sewers, etc. and they are concerned that the blasting and construction work will have a negative impact on this. Mr. Dinklage suggested take their concerns to the City Council. Mr. Zaetz said the developer should be using the haul -road as required by Act 250. Mr. Dinklage said if residents see that being violated, they should contact the City. There is a requirement for a stop sign on each side of the "S" curve unless this is not allowed by law. That will have to be looked into. No other issues were raised. S. Public Hearing: Application #CU-01-01 of Mark Chaffee and Lori Hayes seeking conditional use approval from Section 26.05, Conditional Uses, and approval from Section 3.506 of the South Burlington Zoning Regulations. Request is to increase the allowable height of a single family dwelling from 25 feet to 27 feet, 3 Lyons Avenue: Mr. Beaudin said they have approval to build the home. During excavation, they found a bed of silt. The engineer felt they should not go into that stuff, so they want to raise the house 2 feet. 25 ft. is the allowable height with 35 ft. as a conditional use. Mr. Belair said staff has no issues with the request. Mr. Cameron moved to approve Application #CU-01-01 of Mark Chaffee and Lori Hayes subject to the stipulations in the draft motion dated 6 February 2001. Mr. Boucher seconded. Motion passed unanimously. City of South Burlington Application to Development Review Board Official Use APPLICATION # DARING DATE FILING DATE FEE AMOUNT Name of applicant(s) _zAn VCtcy— j��i Address I Z33 S u EZ aQQ0J r KfQ - Telephone # G `Z Represented by c M 1Q Ct<Zi 96Ci-01,9,,I A 14 Landowner R (C( A rQ O CA 'zs l P y Type of application check one: ( ) request for a variance I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing and I agree to pay a hearing fee which is to off -set the cost of hearing. Describe request: - -k-f z h L LE74 W 4t,,L (4 [rq 74 A 60y F A7 tE�fW! CPJ Other documentation: `J f -C-E- [}} IV S EAZ w f A) 6 C `' V I W Q--t L 23 P Date SOUTH BURLINGTON ZONING NOTICE 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 TRANSMITTAL TO: Ray Belair South Burlington Department of Planning and Zoning FROM: BEAUDIN and ASSOCIATES inc 1233 Shelburne Road, El South Burlington, VT 05403 802 862 9633 fax 802 862 0283 beaudin@together.net RE: Richard Cassidy residence 5 Lyon Avenue Date: 27 February 2001 # of pages 2 Enclosed is a check for 5 dollars to supplement the 80 dollars I gave you for the 85 dollar fee required for a Conditional Use Permit application. Also enclosed is a photograph for the proposed area for a pre -cast concrete sea-wall for the Cassidy's lakefront. To the right of the area indicated is the existing seawall of the condominium that we propose to match. To the left of the area indicated is the existing stone sea-wall on the Chaffee/Hayes's Lakefront to remain. The concrete blocks in the foreground were retrieved from the temporary retaining wall during the construction of the Chaffee/Hayes's foundation and will be used has the base course for the Cassidy's sea-wall. Marcel Beaudin AIA C: Cassidy To. Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: March 8, 2001 CHIT-01-03 Cassidy — Conditional Use Application — Sea Wall Construction, 5 Lyons Avenue Previous Action: None Overview: The applicant has proposed to reconstruct a seawall within the Conservation and Open Space District. Issues: ® The applicant should prepare a short report addressing Section 3.506(d) of the Zoning Regulations. The proposed seawall does not appear to use natural materials and may result in erosion. The applicant should note if vegetation will be removed to construct the wall. Completeness o, f Plan: The applicant has submitted sufficient information for Development Review Board to consider the conditional use application at the March 20, 2001 meeting with the exceptions noted above. Additional information should be submitted no later than March 14, 2001. Recommendation: Staff recommends that this application be authorized to proceed for conditional use review. "'atge I•aid' axFS •.wh TAG SALE 'Jt5 " �' cr ausly a FOUN� >5 ,t Paul �tr.:eT 9u aid. n legato• noton Moncla,f )Pfui 1g the i of taxes CAMERA tbund I ' P1v1 Pto O.J. and band due may , e ab+ter^ed 24 parking garage pq speakers, amps ! rrcu h Vincent A: Para. ,arch St. call 802- i q's, turntables, pro ! Is, sourre. Attcrnev for Lighting USS, Par cans i the Tax Collector. Fred — I fog, cases, strobes, Pf Fletcher, at j8021 879- CAT female fects, controllers and, h304, Dated at Fletcher, an Plains Rd. Age C More. Hemp and Office ! JermOnt, tt is day 20th its. Brownshort I supply Carosene heater. 'day of February, 2001 tiger. 802-899- 'fireplace insert, book FRED FL ETCHER TAX i case. oak kitchen cab- COLLECTOR FOP THE DOO Female Be i nets A,, C, iigInting f TOWN ,CFFLETCHER Burling8 mton On 2' carpet, mirrors and PUBLIC HEARING 385-224ore. Business supplies I SOUTH BURLINGTON trade snow booth. theft ; DEVELOPMENT system, overhead projet- I REVIEW BOARD v tor, computers and print. DOG Female ers, desks, file cabinets =ar UVM on 2/28, and tons of software. 985-2248. DOG medium PERSONALS hale. Black Labi i t in ADOPT Abundant love 3/2 a bright warm future 1 a newborn. Loving, ct in couple with a wo oot derful dog seek to cot ne, ,plate our Tamil. of Medical/legal expensi to paid. Please call us tc en- free at1-866-229.1390 3 . ADOPT All things bright beautiful for your bat with happily married, fit Ire ancially secure coupe Id. Expenses aid. Wendy Ire Stan [8001257-4544 to Christian busines, 3. man in Vermont look .E Ing for an Angel in vestor or active inves id tor/partner fe id business o l It- pportunit 2. in the Naples Floridi area.coll Phil — 802-985-5417 DIANE & DAISY had great time in Placid in Ended 2 soon, if in NYC n call 516-925-7859, Pete. it I am the widow of Robert H. Plouffe as of February 28, 2001-and not respon- sible for any of his bills. TICKETS Available for all events. Your ticket source to all concerts/ Sports events in Boston, Montreal, New York. To- ronto'... And for other major national events. 514-878-1331. 9-6 Mon -Sat TICKETS NHL, E. John/ B. Joel, BN Ladies, WWF, U2, B. Jovi, F1. Clyde at 514-488-0260 ext18 LEGAL NOTICES NOTICE OF TAX SALE The resident and non- resident owners, lien holders and mortgagees of land in the Town of Fletcher, County of Franklin and State of Vermont, are hereby no. tified that the taxes as. sessed by such Town for the years 1999 and 2000 remain, either in whole or in part, unpaid on the fol- lowing described lands in such town to wit: PARCEL 1: Being a parcel of land lo. cated on the westerly side of Route 108 in the Town of Fletcher, and being all and the same lands and premises con. The South Burlington Development Review Board will hold a public hearing at the Sck0WBur- iington City I•]aR"Confer- a Bites- Roam;' 575 Dorse Dr Street, South Burlington r- Vermont on Tuesdayy March 20, 2001 at TT( t PM to consider the fol lowing: S ll 11 Application #Cu.ol. 04 of Sarah Chausse g seeking conditional use y approval under Section 2%15, Conditional Uses, and Section 26.75, Ac- j cessory Residential Units, of the South Bur- ongton Zoning Regula. r tions. Request is for per. mission to create a 552 square foot accessory residential unit within the existing single family dwelling at 6 Iby Street. 21 Application #CU.01- 03 of Marcel Beaudin, AIA seeking condit!onai use approval under Sec. tion 26.05, Conditional Uses, and Section 3.506[d] of the South Burlington Zoning R11 lations. Request is for permission to construct: 1] a sea wall to elevation 103 for approximately 50 feet, and 2] construct a set of stairs 3' x 28' from an existing deck to the Proposed sea wall, 5 Lyons Avenue. 31 Preliminary pplat appli- cation #SD-01.10 of White Rock Develop. ment, LLC to amend a previously approved 36 lot single family subdivi- sion on 14.68 acres. The amendment consists of reducing the number of lots from 36 to 30, Coun- try Club Drive. John Dinklage, Chairman South Burlington Development Review Board March 3, 2001 REQUEST FOR BIDS The Center for Technol- Dgy, Essex [CTE] is seeking bids for labor and materials to reno- vate the Discovery Mu- seum property at 45 Park Sreet, Essex Junction, IT for use as educa. ional tabs, classrooms. nd,'dr office space. veyed to Mark Cour- chaine by Warranty Deetl Renovations at the Dis- of the Green Mountain y Museum property wiilcoverconsist of, but not be Club Inc dated Deoem- rr,lt�d I _i,w of ,e- rot 1 at Vciwne t8; Page --instarinq secono Stary fire escin rear build ape 356, of the Town of Fletcher LandRecordS. I ing PARCEL 2:Belny a par- - instruction of firs) I and second floor renova- acres more 1p5s ° dwe , q the pan situ dLc,alional a,d avd5ttt7 ij JI 'out„ �rw •irh lareme,*^ I or rront buildinef. A.S.E. AUTO TECHS MIDAS AUTO SERVICE We do it all-- our ASE Techs earn ?,'?2.50 . to S'30.00 per fiat rate hour. with high guaranteed rates Call Bill Black 802. 864-7703 or apply in shoo. T� RESPOND P TO A FREE PRESS BOX NUMBER ,;t: Ftr 1'4, tr i vi.�,: \ Sr lu,rnr p00 i ferxtsburg rA,, Milton Exxon Milton Midtown Mobil Just call I 1-800-527-0116 Ask for Shannon for immediate interview stop by any store. CENTURY ARMS A ioc firearms manufacturer now accepting appltc tons for the follovwin deists: packing, Ship ping, Assembling, Me ufacturing We are look ing to fill these position On both first and secon shift. Starting payy range from $7 50 $8.50 pe hour. Wages depend o Position and shift. Candi dates must clear a crimi nal background investi gation. Benefits include paid holidays, vacation personal time, 401k, medical/dental insur. ance, and life insurance. Interested applicants should apply to: Arrowhead Industrial Park 2.36 Bryce Boulevard Fairfax, VT 05454 No Phone Calls Please! FAR s Excellent opportuni. ties available for any- one looking for an ex- citing career In our Convenience Stores. Wa Pay competItive Wages and Benefits depending on experi- ence iond position. Currently hiring for: Store Managers/ Asst. Managers/ Deli Man - agora/ PT/FT Clerks [Some experience needed but will' trainl,Pl®ase tail BOP• 999.3726 ext. 351 or send resume for P.O. Box 2287, S. Burfing- ton, VT 05407 CHILD CARE PROVIDER 2 FT posi- tions to work w/ 4 & 5 yyr I olds; 8:30-5:30 or 9-6; $8- 9lhr depending on educa- tion & exper Carousel Child Care, 1600 Williston Rd. Call 863.2331. CIVIL ENGINEERING TECHNICIAN Immediate opening. Year-round outdoor work as well as computer drafting and design. Four-year degree preferred. Construction experience a plus. Krebs & Lansing 802.878-0375. CLASS A DRIVERS fully integrated solid waste management company _ looking for Class A driv- E ers w/ clean driving re- ' cords. Excellent benefits, competitive wages, bon- : uses. Apply in person. 73 Ethan Alien Dr. South Burlington. 1-800-981. ertiltcation,Training 5213. Job Assistance Need' to sell your 1-888-4DRINKS house? Give us a call www.bartendingschooi.com at 658-3321. 108 Church St., Burlington CLEANtHo PROF Eve CAREGIVER Good na shifts & also PT day shift. tured 40yr. old Essex man Transportation needed, needs live-in & PT atten- Excel wages. Permanent I dant. Duties: household & FT/PT. 863-30_63. cl p COMMUNITY may apply, apply. 3C 3 0 886d CAREGIVER Live !n, SUPPORT exper . needed to assist, WORKER woman wi limited mobility. ( _Recovery oriented men- nt« Excel. aia� y,-:vorn- lyramrr fin b e seam J _ I inn cond , &-ttmP off P 1 player to nn- irle hirjhtr, n- f erst Home 865-4153, 1 dividuautea services for I _ Send to: Burlington Free Pres P.O. Box 10 Burlington, VT 0540: Att: Free Press Bc Merchandise Thrifl ads: quick, easy, an they work great: Ca 658-3321. ARCHITECT or DRAFTSMAN With Cad design experience. High -end residential projects in Vermont and Nantucket. Excellent opportunity for advancement and growth. Mail resume to: J. Graham Goldsmith, Architects P.C. 7 Kilburn St.. Burlington, VT 05401. AUTOMOTIVE SALES Sales Associates Needed immediately Lewis Motors has an immediate opening for in- dividual to Join our sales team. Candidates must have a professional ap- pearance, excellent com- munication skills, and be willing to work in a dy. namic team environment. Past automotive sales ex- perience not necessary. Valid VT driver's license required. Very lucrative Pay plan. Great company benefit plan includingg life, disability & 401[k]. Excel- lent sales support. Submit a resume or call for an in- terview. Come join a com- pany that's on the move! Contact Paul Morgan or Mark Benoit at: Lewis Motors, Inc. Volkswagen, Audi, Acura 1325 Shelburne Road So Burlington, VT 05403 Days 802-658-1130 Fax 802-862-0544 LVON! AVON! AVON! To Buy or Sell 800-258-1815 BAR EN© BARIDING SCHOOL of NEW ENGLAND C 1 to more into. ers: Hell5er5 for Ipcaf CUSTOMER SERVICE piiance deliveries. H. i REP A national leader In ! ,,,anrodriving a ord Rrwlding Occupational able rellent wages & benefii health services seeks a (800 80B-1626 ext. 9 rogh!y motivated service- ] oriented individuaf to join I DRIVERS our raoidly growing Owner Operators ! team. Outstanding- cus- Rapidly gro+ving, he 'Omer service, computer delivery co: is seek & telephone skills are re- f self -motivated owner i ai i quired for this key posi- i erator s w/24 ft box to Is f tion. Candidate must to make local appltat a- I have the proven ability to deliveries for a natio g successfully handle a va-d retailer Good custor - nety of duties with inter- I service skills a must. n- ruptions, We offer com- dustry leading pa . petitive salaries and a I msg at 1-800-B(ti-tE s progressive corporate ext.99. d culture. Mail resume & DRIVERS WANTED s salary requirements to: PIZZA HUT r OPS Director Occupa- n tional Health -Rehab, Excellent starti: 620 Hinesburg Road, S. wages, benefits start i Burlington, VT 05403 mediately Day & Even' or email to: shifts available. Apply efredriksen�lo.ohplus com person at 471 Riversi, / DELIVERY DRIVER im- Ave, Burlington. EOE. mediate opening for a ELECTRONICS/Cut full time CDL class A or TOMER SERVICE Inc B driver. A good driving vidual with sound knov record a plus. We otter edge of electronics or competitive wages and a customer service. Job i comprehensive benefits cludes final test of pro: package that includes: ucts, assisting custon medical, dental, life in- ers on the phony surance and a 401k plan. packing orders, troubli CoialV 146peHerculesC Dra, ot mor, We are asmall and a lelect of Colchester, Mon. - Fri. ics manufacturer and o Sam - 4:30 pm. EOE. far an excellent workin DENTAL ASSISTANT environment, competitiv wages & benefits. Pleas OPPORTUNITY, send resume to: Centrc CHALLENGE, and dyne, 34#8 Kellogi FULFILLMENT! road, Essex Jct, V' If this sounds like what 05452. Fax: 802.878 you want from a career, 0409. Email: bcorcoran we invite yotl to apply, tslcentrodyne.com Experience in dentistry Is Watch your businest very helpful, but we will grow. Advertise in oui consider training some- daily "Services" Di one who has excellent rectory. Cali 658-3321 communication skills and or 1-800-427.3126. s eager to learn. Excel. ELECTRONIC lent benefits and very TECHNICIANS pleasant work environ- Join our growing manu- ment. Please send re- facturing team building sume to and testing wind sensors Pam Martin and microprocessor Timberfane Dental Group based wind data loggers. 6 Timber Lane Must be proficient with So. Burlin on. VT 05403 test equipment and PC's. OE Candidates must also )ETECTIVE WORK have soldering skills. Learn while you earn. Not Hands-on experience or dangerous, any age. Flex- ET degree required. Ex. ible schedule. 879.0333 cellent benefits include DRIVER/WAREHOUSE 401[k]' health, dental, opportunity disability, cash profit Time limited o PP ty sharing and more. for hard working individ. Please send cover letter ual 6-9 months. We have and resume to: sxcellent pay and imme- NRG Systems, Inc. hate no wait benefits, no P.O. Box 509 iveekends or holidays. Hinesburg, VT 05461 i'ou have valid drivers fi- Email: ;en se, truck driving ex. HR@d nrgsystems.com rerience and strong cus- www.nrgsystems.com other focus. Apply in lerson: Norandex 78 Environmental Jobs! Wants Dr. [off Williston VYCC seeks outdoor td.] EOE leaders. Manage Parks, Restore Trails/Wa- L E C T R I C I A N S tersheds. Lead Young WANTED Licensed and Adults. Change Lives. pprenticeships avail- $320-$400/wk & Ameri- ble. Must be willing to Corps Ed. Award. ,ork. [8021 893-1817. 800-639-VYCC Ha" ■ lIIIi!lillil Need Fair Ha E.e�enenced _ i' ed Immediately Union High School work with intensive -need students. roperlicense required. Foranplicadon till n au o its vnla• D 4,� P z 0LLJ Ov�t�_ LLJ L( I� 00- �A i1 ,O DEED) ° DRIVE .2 s ' DEED) 5` 98, 25 " DEED) V � Lu a w 'h oy Elm w 9�--Patc-CASE (q 0LOCA,15 CID(,Cpj c -'Q uj C CIO C�l ui C` L A CiS FoNE ?A r1O *41 `1 ___ t N_ � I" Ile AA k Its a � VE AIA SONR Y SEA Wq L.L DECK�� oo� h�v ~ • _ - T (SEE NOTE � tj THI 0 F'CH _ - TIE L aVE BEACH j ��� r1 EDGE OF �� ��:lr-� 00 "--