HomeMy WebLinkAboutBATCH - Supplemental - 0027 Meadow RoadState of Vermont'
Department of Fish and Wildlife
Department of Forests, Parks and Recreation
Department of Environmental Conservation
December 30, 1997
Katherine Barnes
27 Meadow Road
South Burlington VT 05403
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Wastewater Management Division
Essex Junction Regional Office
111 West Street
Essex Junction, VT 05452
(802) 879-5656
Subject: EC-4-0630 -- single lot subdivision located on Orchard Road in South Burlington, Vermont
Dear Applicant:
In reviewing our records, we find that we have not approved the above referenced application as being in compliance with the
Environmental Protection Rules.
On 12/9/80 a deferral permit DE-4-0563 was issued for this lot. No response to the review letter dated 12/24/80 has been
received for this project.
The last activity noted in the file is a letter to you requesting additional information. Since we have not received the requested
information we are denying your application because the information submitted is not sufficient to make a determination that
the proposed prcjcct can be developed in accord with the rules.
If you wish to pursue the project, you will need to submit a new application form, fee and complete engineering plans. The
project will need to meet the minimum requirements of the Environmental Protection Rules in effect at the time the application
is submitted.
Sincerely,
William E. Zabiloski
Assistant Regional Engineer
c City of South Burlington Planning Commission
Robert Krebs
Lawrence H. Press
Mark Roberts
State of Vermont
Department of Fish and Wildlife
Department of Forests, Parks and Recreation
Department of Environmental Conservation
State Geologist
Natural Resources Conservation Council
RELAY SERVICE FOR THE HEARING IMPAIRED
1-800-253-0191 TDD>Voice
1-8W-253-0195 Voioe>TDD
November 13, 1995
Ms. Katherine Barnes
27 Meadow Road
South Burlington, VT 05401
Bear Ms. Barnes:
Subject: EC-4-0630
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Wastewater Management Division
111 West Street
Essex Junction, Vermont 05.452
Telephone #(802) 879-6563
On December 4, 1980 we received an application from you for a Subdivision permit. Our last
correspondence dated December 24, 19 90 (copy enclosed), included one or more items that was needed
to be submitted before we could complete our review. As of this date, we have not received the
information. Unless you contact us by November 27, 1995, we will assume that you no longer ivish to
pursue your application, and we will deny your application.
If you wish to pursue your application in the future, you will need to submit a new application, fee and
complete engineering plans. Your project will need to meet the regulations in effect at the tine the
application is submitted. V
Sincerely,
Illiam Zabiloski
Assistant Regional Engineer
Enclosure
c City of south Burlington
Nlichael Dressell
Chlorine Free 100 % Recyded Paper
Regional Office - Barre/Essex Jct /Pittsford/N. Springfield/St. Johnsbury
1
A State of Vermont
Subdivision Permit
CASE NO. EC-4-1014-1
APPLICANT Charles A. Barnes
ADDRESS 73 West Street
Winooski, VT 05404
LAWS/REGULATIONS INVOLVED
Chapter 3, Subdivisions
This project, consisting of revisions to the previous one lot
subdivision parcel 1 (0.308 acres with an existing single family
residence exempt per section 3-04); Parcel 2 (0.23 acres) for a
single family residence with municipal water and sewer services
located at 27 Meadow Road in the City of South Burlington,
Vermont is hereby approved under the requirements of the
regulations named above, subject to the following conditions.
GENERAL
(1) The subdivision must be completed as shown on the plans
Project 86106 Barnes Subdivision, Sheet 1 "Site Plan" dated
June 1986 revised September, 1986; Sheet 3 "Typical Details
Site Facilities" dated July 1986 last revised May 1986; and
Sheet 4 "Typical Details Site Facilities" dated July 1986
last revised May 1986 prepared by Lance Llewellyn and which
have been stamped APPROVED by the Division of Protection.
No changes shall be made to the approved plan without prior
written approval from the Agency of Environmental Conservation.
(2) This project has been reviewed and is approved for the
construction of one single family residence on the approved
lot No. 2. Construction of other type dwellings, including
public buildings, duplexes, and condominium units, is not
allowed without prior review and approval by the Agency, and
such approval will not be granted unless the proposal
conforms to the applicable laws and regulations.
(3) The conditions of this Permit shall run with the land and
will be binding upon and enforceable against the permittee
and all assigns and successors in interest. The permittee
shall be responsible for recording this permit and the
NOTICE OF PERMIT RECORDING in the South Burlington Land
Records within thirty (30) days of receipt of this permit
and prior to the conveyance of any lot subject to the
jurisdiction of this permit.
(4) This Permit shall supercede Permit number EC-4-1014, dated
August 12, 1986.
WATER
(5) The lot is approved for connection to a municipal type water
system approved by the Department of Health provided that
all construction is in accordance with the approved plans
and the Environmental Protection Rules, Effective September
10, 1982.
SEWAGE
(6) The lot is approved for connection to a municipal
sewage collection system. The work shall be done in
accordance with the Environmental Protection Rules,
Effective September 10, 1982.
Subdivision Permit
EC-4-1014-1
Page 2
Dated in the Village of Essex Junction, Vermont on this 30th day
of October, 1986.
FOR THE DIVISION OF PROTECTION
Mary KI Clark
Assistant Regional Engineer
cc Donald Robisky
City of South Burlington L-'�'
City of Burlington
FitzPatrick-Llewellyn
s
r State of Vermont
A,- � a �c s `. o9
LAND USE PERMIT
CASE No. EC-4-1014
APPLICANT Charles A. Barnes
ADDRESS 73 West Street
Winooski, VT 05404
LAWS/REGULATIONS INVOLVED
Environmental Protection Rules:
Chapter 3 - Subdivisions
Chapter 4 - Public Buildings
Chapter 7 - Sewage Disposal
Chapter 8 - Water Supply
This project consisting of a one lot subdivision, Parcel 2 (0.275
acres) with Parcel 1 (0.262 acres) being exempt subject to
Section 3-04, Parcel 2 being approved for a future 6 bedroom
duplex with municipal water and sewer servic.5 locateda27
Meadow Road in the City of South Burlington, Vermont,
is hereby approved under the requirements of the
regulations named above, subject to the following conditions:
GENERAL
(1) The subdivision must be completed as shown on the plans
Project 86106 Sheet 1, "Site Plan" dated June 1986; Sheet 3
& 4, "Typical Details Site Facilities" dated July 1986,
prepared by FitzPatrick-Llewellyn and which have been
stamped APPROVED by the Division of Protection. No changes
shall be made to the approved plan without prior written
approval from the Agency of Environmental Conservation.
(2) Each prospective purchaser of the lot of the subdivision
shall be shown a copy of the approved plot plan, the
engineer's site report and the Land Use Permit prior to
conveyance.
(3) The conditions of this permit shall run with the land and
will be binding upon and enforceable against the permittee
and all assigns and successors in interest. The permittee
shall be responsible for recording this permit and the
NOTICE OF PERMIT RECORDING in the South Burlington Land
Records within thirty (30) days of receipt of this permit
and prior to the conveyance of any lot subject to the
jurisdiction of this permit.
(4) In accordance with the Environmental Protection Rules,
Chapter 4 - Public Buildings, Section 4-03(2), authorization
is hereby granted by the Protection Division for
commencement of construction with the following condition:
A. Construction of the actual structure is limited, at
this time, to foundation work only and does not include
nor is permission granted for the installation of
interior plumbing either above or below grade. (Please
note, interior plumbing is defined to include waste and
water piping beginning 3 feet outside of the foundation
wall and extending into the building).
WATER SUPPLY
(6) The lot is approved for connection to a municipal
type water system approved by the Department of Health
provided that all construction is in accordance with the
approved plans and the Environmental Protection Rules,
Effective September 10, 1982.
III
Land Use Permit
#EC-4-1014
Page 2
SEWAGE DISPOSAL
(6) The lot is approved for connection to a municipal
sewage collection system. The work shall be done in
accordance with the Environmental Protection Rules,
Effective September 10, 1982.
PLUMBING
(7) No construction of the building beyond the foundation as
authorized by condition #4 above is permitted until
complete and satisfactory plans for the interior plumbing
and ventilation have been submitted to and approved by the
Protection Division.
Dated in the Village of Essex Junction, Vermont, this 12th day of
August, 1986.
FOR THE DIVISION OF PROTECTION
r C
Mary K./Clark
Assistant Regional Engineer
CC: Donald Robisky
Department of Health
Department of Labor & Indu§-try
City Planning Commission t-'
City of Burlington
FitzPatrick-Llewellyn
Homer Construction
Norm Bourgault
PLANNING COMMISSION
5 AUGUST 1986
PAGE 3
of the yellow signal for turning. He said they are prepared
to pay for signal modification and to contribute to future
improvements. He felt that signal modification money should
be credited to future improvements. Mrs. Lafleur will
prepare figures for improvement funds. She added that the be
consisted with what was done at Lakewood, this developer
would pay for the signal and also would contribute to future
improvements.
On other issues, the pedestrian trail has been removed from
the parking lot and some trees have been moved. The question
of the sidewalk was considered. Mr. Szymanski wants a side-
walk on Kennedy Drive to the end of the length of the bank
building. Mrs. Maher said she felt the developer should put
in a full sidewalk. Mrs. Lafleur will check with Mr. Szyman-
ski as to why he made his recommendation and also on the
question of filling to be done in the CO zone. Mr. Woods
said they have agreed to fill and put in a culvert and mow to
the curb on Kennedy Drive.
With regard to drainage, Water Resources won't accept holding
ponds, so they want to drain through the grassed area.
On the subject of building height, the Kimball Avenue side of
the building is 36 ft. They are requesting 45 ft. in the
back (basement + 3 floors). Mr. Woods noted the Palmer
Building is 41 ft. on one side including the air conditioning
unit. Mrs. Lafleur noted that setbacks have been increased
proportionally. Mr. Woods noted that lot coverage is 65% but
could be as much as 70%. A poll of members showed that the
majority did not object to the 45 ft. height. Mrs. Maher
felt their arguments were very poor as far as criteria, and
Mr. Dooley and Mrs. Hurd felt they would like to see more
green space. Mr. Dooley felt that the 4 stories resulted in
less green space because of the additional parking required.
Mrs. Lafleur will look at parking to see if it can be reduced
in favor of more green space. Mrs. Maher felt there should
be some evergreen trees which minimize visual impace.
Regarding the future access question, Mrs. Lafleur didn't
like it as it will bring more traffic out onto Williston Rd.
and also goes through the middle of a very dense CO Zone
which she felt should not be disturbed.
Mr. Dooley then moved to continue the hearing for one week.
Mr. Belter seconded, and the motion passed unanimously.
6. Continue PUBLIC HEARING for a 2-lot subdivision.of a .537
acre parcel into .26 and .27 acres at 27 Meadow Rd.
PLANNING COMMISSION
5 AUGUST 1986
PAGE 4
Mrs. Lafleur referred to a memo from the City Attorney who
felt that density could be reduced by removing the right-of-
way from the acreage. This would allo"'for 2 single family
homes but not for a duplex. Mr. Meyers, attorney for the
applicant, did not agree this could be done as it is not done
with driveways on house lots. He said the right-of-way is an
integral piece of property, and if you subtract it from the
front lot it becomes part of the back lot. A neighbor noted
that the Fire Chief raised several questions including the
fact that the minimum requirement is for an 18 ft. right-of-
way. This allows only for 2 ft. to put plowed snow as the
plan stands. Mrs. Lafleur noted there is a snow storage area
at the end of the driveway.
A polling of members felt that the majority would approve a
single family house on the rear lot.
Mr. Dooley moved that the Planning Commission approve the
Final Plat application of Charles A. Barnes for the
subdivision of a .54 acre parcel into an 11,402 sq.. ft. lot
with an existing house and a .275 acre lot at 27 Meadow Rd.
as depicted on plans prepared by Fitzpatrick -Llewellyn
entitled "Plat of Subdivision of lands of Charles and Cecile
Barnes, 27 Meadow Road" dated July 1986 and 4-page set en-
titled "Barnes Subdivision: Site Plan" dated June 1986, and
"Landscaping Plan parcel #2" prepared �2y Michael Dugan, dated
7/18/86 with the following stipulations:
1. A drop inlet shall be placed in the existing drain line
and the site shall be graded toward this inlet.
2. An easement to maintain the drain line shall be deeded to
the City and shown on the plans. Legal documents shall be
submitted to the City Attorney within 90 days.
3. The 20 foot road easement to parcel #2 shall be recorded
in the deed to lot #1_ This shall be submitted to the City
Attorney for approval within 90 days. It shall be shown as 5
feet from the southern property line. Fifteen feet in width
shall be gravelled and three feet shall be built with a suit-
able base for fire equipment. The gravelled area shall be 5
feet from the southern boundary of the easement.
4. A bond of $2,000 shall be posted prior to permit for land-
scaping and buffer.
5. As a condition of approval of Parcel #2 with no road
frontage, the rear lot shall be approved for a single-family
home only. The plans shall note the lot size of the acreage
for the rear lot as less than12900 square feet after the
PLANNING COMMISSION
5 AUGUST 1986
PAGE 5
right-of-way is removed. The restriction on use of the rear
lot shall be recorded as a deed restriction as approved by
the City Attorney.
6. It is the applicant's responsibility to record the final
Plat with the City Clerk within 90 days or this approval is
null and void. The plat must be approved by the City Planner
and signed 12y the Chairman or Clerk of the Commission prior
to recording.
Ms. Peacock seconded, and the motion passed 5-1 with Mrs.
Hurd voting against.
Mr. Dooley then moved to amend the motion to removed the
wording in the opening paragraph from "and 4 page set..." to
"dated June 1986". Ms. Peacock seconded, and the motion
passed 5-1, Mrs. Hurd opposing.
7. Continue site plan application of John Larkin for
construction of a 20,000 sq. ft. office building on lot 09 of
Bartlett Subdivision, Harbor View Rd. (review of erosion
control report)
The Wagner, Heindel & Noyes report indicates no retention
necessary but they recommended some serious erosion control
methods such a haybales, fencing, swales, etc. Mrs. Maher
felt that there should be some evergreens and that crabapple
trees should be removed. Mr. Blanchard agreed to this. Mr.
Larkin agreed to contribute to the intersection improvement
fund.
Mr. Dooley moved that the Planning Commission approve the
site plan application of R.G. Blanchard, agent for John
Larkin, for construction of a 20,000 sq. ft. 2-1/2 story
office building on lot #9Harbor View Rd, as depicted on a
plan entitled "Site Plan and Profile _ Proposed Office
Building for Larkin Real Estate," prepared by R.G. Blanchard,
Design Associates, revised on September 17, 1984 with the
following stipulations:
1. An $11,000 bond for landscaping and a $20,000 bond for
sewer water and storm drain improvements shall be posted
prior to issuance of a building permit.
2. The Planning Commission approves 62 parking spaces; of
these, 13 are compact car size. The area designated for 18
future spaces shall be left undisturbed and subject to the
right of the Planning Commission to require that this area be
paved or gravelled and used for parking. A bond shall be
posted in an amount determined by the City Engineer, for con-
r
Planning File Data for Computer Input
1 . Original Property Owner LCxv� es A% •,tarnes
*i3 W 6-r S•t• , VXA0Q ::,�
2. Developer's Name CVVLv� Pk. �oLrre.s
0
4.
5.
Name of Development
Address of Development or Project c•.
Type of Project � Z
Minor Subdivision (MI)
Major Subdivision (MS)
Site Plan (SP)
6. Zoning District 1 Lk
7. Zoning District 2
8. Zoning Board Approval date if Required
9. Date of Planning Commission Hearings/Meetings
Site Plan Date ptv�, lCL$!o
or
Sketch Plan Date
10. Preliminary Plat date
11. Final Plat Date
12. Revised Final Plat Date 1 (if applicable)
13. Revised Final Plat Date 2 (if applicable)
14. Acreage of Total Project CA-oo
15. Use of Land 1n�,o�' .
16. Use of Land 2
17. Use of Land 3
18. Use of Land 4
19. Number of Lots oZ
20. Number of Single Family Units o� C �K�on� eroe c-,-ocg�
21. Number of Multi -family Units
22. Construction Cost of Building
3
23.
Size of Building (Square footage)
24.
Streets r? S
( ea-9:uxxw2 ,
City Street
CS
Private Street
PS
25.
Date of Acceptance
of streets by City _
26.
Bond -Landscaping
a000.
27.
Bond -Streets
28.
Bond -Sewer
29.
Bond -Water
30.
Bond -Other
31.
Date Mylar Due (90
days after approval)
32.
Date Recorded -
33.
Expiration date of
Approval
34.
Date of First Building
Permit
34.
Tax Map Number 3
36.
Map File Location 1
11- (- A
37.
Map File Location 2
38.
Map File Location 3
Other fees (Type and amount)
Preparers Name: �.J�� ' LW
Date: a l lg 9
Posted in Computer (Name, Date):__
0q. 15, 1111 0
4
April 28, 1987
Mr. Charles H. Barnes
73 West Street
Winooski, Vermont 05404
Re: Rear lot, 27 Meadow Road
Dear Charlie:
Enclosed is a copy of the minutes from the August 5, 1986
Planning Commission approval of your two lot subdivision of
27 Meadow Road.
As of Friday, April 24, 1987 you have yet to comply with the
first condition of approval dealing with the installation of
a drop inlet. A site inspection also revealed that no grading
has been completed providing for the drainage. Before much
more site work is done you must install the drop inlet in the
north-east corner of the lot. If you have any questions
please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcp
1 Encl
JANUARY 28, 1987
JANE B. LAFLEUR
CITY PLANNER
575 DORSET ST.
SO. BURLINGTON,
JANE LAFLEUR:
IN REPLY TO YOUR LETTER TO ME, DATED JANUARY 20, 1987.
I DID AGREE TO YOUR DOCUMENTING OUR PHONE CONVERSATION OF
JANUARY 19, 1987 AS TO PROPER SCREENING AND GRADING OF MY
BUILDING SITE.
I DID
NOT INTEND TO
MISLEAD YOU DURING OUR CONVERSATION BUT
THERE
ARE A FEW ISSUES
THAT I FEEL NEED TO BE CLARIFIED NOW !
I WILL
ADDRESS EACH
CONCERN SEPARATELY FOR CLARITY.
1- THE CEDARS I
PLANT WILL BE 3 TO 5 FEET TALL DEPENDING
ON AVAILABILITY
AND NOT 5 TO 6 FEET TALL AS YOU
STATED. I RETAIN
THE RIGHT TO PURCHASE THESE CEDARS
WHERE AND WHEN
I WANT TO AT A COST I`AM WILLING TO
PAY.
2- THESE CEDARS
WILL BE PLANTED APPROXIMATELY TWO TREES
EVERY THREE
FEET, THIS IS NOT A GUARANTEE. I STATED
THAT I WOULD
PLANT ACCORDING TO DIRECTIONS FROM A
NURSERY, FOR
WHAT -EVER QUANTITY VS. DISTANCE THAT MAY
BE ?
3- I PLAN ON PLANTING
THESE CEDARS ON THE SOUTHERN
BOUNDARY FROM
THE END OF THE WEINER WOODEN FENCE TO
APPROXIMATELY
30 FEET FROM THE MEADOW ROAD BLACK -TOP.
THIS IS TO ALLOW
FOR A CLEAR VIEW UPON ENTERING OR
EXITING THE
ROAD WAY AND ALSO FOR CLEAR ACCESS TO THE
FIRE HYDRANT
LOCATED AT THE SOUTHERN JUNCTION OF
MEADOW ROAD
AND MY NEW ROAD WAY.
I ALSO INTEND
TO PLANT CEDARS ALONG THE EASTERN
BOUNDARY AS
THAT IS THE ONLY BOUNDARY VISIBILITY
UNMARKED.
THERE IS A FOUR
FOOT WIRE FENCE WITH CEDAR POST ON
THE WESTERN
AND NORTHERN BOUNDARY TO THE BASILIERE
WOODEN FENCE.
I SEE NO REASON TO PLANT CEDARS ALONG
THESE BOUNDARIES.
THIS FENCE WAS BUILT BY ME TO KEEP
THESE SAME NEIGHBORS
DOGS IN THEIR RESPECTIVE YARDS
AND NOT MESSING
UP MINE. THIS SAME WIRE FENCE WAS
ACCEPTABLE TO
THESE NEIGHBORS WHEN INSTALLED SO WHY
THE COMPLAINTS
NOW ?
THESE NEIGHBORS WANTED OPEN LAND AS YOU HEARD THEM
TALK ABOUT IT AT THE PLANNING COMMISSION MEETINGS AND
NOW THEY WANT IT ALL BOXED IN. IF THIS WERE DONE IT
WOULD MAKE THIS PROPERTY MOST UNDESIRABLE TO SELL.I
CANNOT RESPOND TO EVERY WHIM THAT IS GENERATED JUST
TO CAUSE ME HARASSMENT AND MY MONEY.
4- AS TO THE GRADING. THIS BANK IS HIGH PRESENTLY AS IT
IS AT ROUGH GRADE FOR BUILDING ENTRANCE. IT WIL BE
C�T DOWN TO ALLOW FOR TOP SOIL AND SEEDING WHEN
APPROPRIATE. YOU MUST KEEP IN MIND THAT T3E
ELEVATION OF THE BUILDING WAS ESTABLISHED BY THE
HEIGHT OF MEADOW ROAD AND THE DEPTH OF THE STORM
DRAIN AND SEWER SYSTEM WE HAD TO CONNECT TO IN ORDER
TO HAVE PROPER PITCH AND FLOW. THESE ELEMENTS WERE
DICTATED TO US AND WE HAD NO CONTROL OVER THEM. THE
ONLY NEIGHBOR THAT MAY HAVE ANY DRAINAGE PROBLEM
WOULD BE THE WESTERLY ONE. HE WAS ALLOWED TO BUILD
HIS SLAB SOLAR HOME BELOW THE ORCHARD ROAD GRADE
LEVEL. WHY, I DON`T KNOW. HIS PROPERTY WAS NEVER
CONNECTED TO THE STORM DRAIN THAT I KNOW OF, WHY ?
5- I DID STATE THAT FOUR JUNIPERS AND SIX YEWS WOULD BE
PLANTED IN THE FRONT OF THE HOUSE AS SHOWN IN MY
PICTURE.
IF THE BUYER, CONTRACTOR AND I AGREE ON MORE OR
DIFFERENT PLANTING WHICH ALSO COMPLIES WITH YOUR
SCREENING I WILL BE THE FIRST TO NOTIFY YOU.
IN CLOSING I HOPE THIS IS THE END OF THE SQUABBLING
AND HARASSMENT ON THIS PROJECT AND THAT WE CAN
COMPLETE IT IN A TIMELY AND BUSINESS LIKE ATTITUDE AS
THE ALTERNATIVE IS NOT A PLEASANT ONE.
S NC
CHARLES A. BAR|�ES
JANUARY 28, 1987
C
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05401
PLANNER
658-7955
January 20, 1987
Charles Barnes
73 West Street
Winooski, Vermont 05404
Dear �1r. Barnes:
ZONING ADMINISTRATOR
658-7958
Thank ,you again for your cooperation on revising ,your landscaping
plan at the 27 Meadow Road. I understand that you are willing to
plant 5 - 6 foot cedar trees in place of the fence along the
perimeter of the new lot and along the driveway out to Meadow
Road. These will be staggared plantings with 2 planted every 3
feet. Given this planting scheme, I expect approximately 140
cedars will be planted for the 240 feet along the southern
boundary, the 90 feet along the western boundary and at least for
90 feet along the northern boundary.
In addition, ,junipers and yews will be planted around the new
single-family home as approved on your plan.
Finally, I understand you are already aware of the steep bank
along the new home and the drainage problem this could create for
neighboring properties. Thank you for agreeing to cut this bank
back to a slope that creates little or no impact for neighboring
properties.
Thank you again for ,your cooperation in these matters.
Sincerely,
Jane 13. Lafleur,
City Planner
JBL./mcp
I
PLANNING COMMISSi0N
22 JULY 19ow
The South Burlington Planning Commission held a meeting on
Tuesday, 22 July 1986, at 7:30 pm, in the Conference Room,
City Hall, 575 Dorset Street.
Members Present
William Burgess, Acting Chairman; Mary -Barbara Maher, John Belter,
Catherine Peacock, Judith Hurd. Messrs. Peter Jacob (Chairman) and
Dooley arrived during the meeting.
Also Present
Jane Lafleur, City Planner; Sidney Poger, The Other Paper; Lowell
Kressner, Natural Resources Committee; Charles Barnes, Ed Homer,
Gilbert Myers, Peter Allison, David Raphael, David Shiman, Elise
Guyette, Greg Brand, Karen Yacos, Jeanne Shea, Brian Shea, Pat
Booska, Karen Perz, Rob Perz, Cedric Demeritt, Alice Boyd, Ken
Boyd, Marc Wiener, W. Booska, D. Marek,,Arnold Marek, Nat Lash,
David Spitz, Gordon Woods, Thomas Havers
1. Minutes of July 8, 1986
Mrs. Maher noted that on P. 4, the name "Morrow" should be spelled
"Moreau."
Mrs. Maher moved that the Minutes of July 8th be approved as
amended. Mr. Belter seconded, and the motion passed unanimously.
2. Continue site plan application of Nathaniel & Millicent Lash
or construction oa s t. addition to Town & Country
Furniture. 1515 Shelburne Road
Mrs. Lafleur advised she had not received the plans requested by
the Commission, and therefore the item should be tabled until
August 5th. She added that August 5th is the last day to hear
the item before the 60 days runs out.
Mrs. Maher moved to table the application until August 5th 1986.
Mr. Belter seconded, and the motion passed unanimously.
3. PUBLIC HEARING: Final Plat application of Charles Barnes for
two lot subdivision of a acre parcel into an acres
at 27 Meadow Road
Gilbert Myers, attorney, spoke for Mr. Barnes. They propose to
put a 2-unit apartment on the rear lot with access through a
proposed 20-foot right-of-way on the southerly side of the lot.
An easement will not be necessary as Mr. Barnes will own the
property entirely. Mr. Myers did, however, recommend a provision
that if the rear lot were ever sold, a right-of-way should be
provided for. The fire chief has requested an 18-foot right -of
way for fire vehicles. Mr. Myers said this would not allow for
the 5-foot snow storage area also requested and suggested a partial
firm surface to allow for fire engines.
r
PLANNING COfOUSS_iN
22 JULY 1986
Page„
Mrs. Maher said she did not feel it fair to have the right-of-way
adjacent to the property line. Ms. Peacock suggested pushing it
over closer to the garage. Mr. Belter said the same area can't fi
be used for snow storage and fire access or it would defeat the
purpose.
Mrs. Maher said she walked the property and didn't believe it was
ever the intention to allow for this type of development. She
noted that Section 19.20 uses the words "may allow" and she would
use that to vote against the proposal. She felt it to be a highly
undesirable place for a duplex.
Mr. Burgess questioned how 3 residences could be placed on half
an acre. Mrs. Lafleur said this can happen if, after subdivision, 14
they meet the minimum requirements. Mrs. Hurd said she is con-
cerned that putting duplexes in people's backyards alters the
character of the neighborhood. Mr. Myers said this would not be
the only such case in the neighborhood.
Regarding drainage, Mr. Myers said they will meet the City Engineer's
requirements for a drop inlet and will grant an easement to the
city to maintain the drainline.';
Greg
Brown, property owner, spoke for other neighbors
and asked
'
the
Commission to deny the request. He quoted the City
Planner
who
said it would change the area from "suburban" to
"urban,"
'.
and
noted that Section 19.052 provides for denial if
a plan
adversely
affects the character of a neighborhood.
Ken
Boyd, property owner, said he had heard another owner in the
area
is planning the same type of development if this
one passes
and
felt such development will devalue other adjacent
properties.'
.!
Marc Wiener, adjacent property owner, said that they now have open,
backyards where neighbors meet. The proposed plan will intrude
on this and will invade their privacy and serenity.
Ed Homer, contractor, explained the proposed landscaping. They
will try to create a buffer. There is a hedgerow existing on
one boundary and they will put in a fence or cedar hedge on the
other side. The large blue spruce in the middle of the roadway
will have to be cut down, but they will try to replant some of
the trees in back and also some of the lilacs. `x
Mr. Dooley said the basic question is whether the Commission can *Y
limit the number of units. Mrs. Hurd said she sees this as
sneaking in the back door. She felt there is flexibility in the
ordinance that says the application can be denied if it is not.
good for the neighborhood. a
Mr. Dooley said he would like a clarification from the City
Attorney on this issue and on what grounds can be used for ap-
proval or denial. Me then moved to continue the hearing for
two weeks. Mrs. M er seconded, and the mo on passe unanimousll•,'
4/8/86
JBL
MOTION OF DENIAL
That the South Burlington Planning Commission deny the final plat
application of Charles A. Barnes for the subdivision of a .54
acre parcel into an 11,402 square foot lot with an existing house
and a .275 acre lot at 27 Meadow Road as depicted on plans
prepared by Fitzpatrick -Llewellyn entitled "Plat of Subdivision
of Lands of Charles and Cecile Barnes, 27 Meadow Road" dated July
1986 and a 4 page set of plans entitled "Barnes Subdivision:
Site Plan" dated June 1986, and "Landscaping Plan Parcel #2"
prepared by Michael Dugan, dated 7/18/86 because of the following
reasons:
1) The Planning Commission finds that approval of lot #2 in the
rear of the building at 27 Meadow Road will adversely affect the
character of the area by not being aesthetically compatible with
the existing buildings and site characteristics including the
size and location of other lots in the neighborhood.
2) The safety of inhabitants will be jeopardized due to the
likelihood of blocking the driveway to emergency vehicles with
the vehicles of the two families in the proposed duplex. Traffic
on the gravelled driveway is likely to create dust and noise in
the backyards of the existing homes which is an excessive request
of neighbors.
1
8/4/86
JBL
MOTION OF APPROVAL
That the South Burlington Planning Commission approve the Final
Plat application of Charles A. Barnes for the subdivision of
a .54 acre parcel into an 11,402 square foot lot with an
existing house and a .275 acre lot at 27 Meadow Road as depicted
on plans prepared by Fitzpatrick -Llewellyn entitled "Plat of
Subdivision of lands of Charles and Cecile Barnes, 27 Meadow
Road" dated July 1986 and 4 page set entitled "Barnes
Subdivision: Site Plan" dated June 1986, and "Landscaping Plan
parcel #2" prepared by Michael Dugan, dated 7/18/86 with the
following stipulations:
1) A drop inlet shall be placed in the existing drain line and
the site shall be graded toward this inlet.
2) An easement to maintain the drain line shall be deeded to the
City and shown on the plans. Legal documents shall be submitted
to the City Attorney within 90 days.
3) The 20 foot road easement to parcel #2 shall be recorded in
the deed to lot #1. This shall be submitted to the City Attorney
for approval within 90 days. It shall be shown as 5 feet from
the southern property line. Fifteen feet in width shall be
gravelled and three feet shall be built with a suitable base for
fire equipment. The gravelled area shall be 5 feet from the
southern boundary of the easement.
4) A bond of $2000
shall be posted prior to permit for
landscaping and buffer.
5) The rear lot shall b
approved for a single-family home only.
The plans shall note
the lot size of the rear lot
square feet
the acreage after the right-of-way is
removed.
6) It is the applicants
responsibility to record the final plat
with the City Clerk within
90 days or this approval is null and
void. The plat must be
approved by the City Planner and signed
by the Chairman or Clerk
of the Commission prior to recording.
1
. . . . . . . . - - • , . -7 , . ]r - . , . 7 q W - - - - - 3 -
PUl3I, i C HEAPING
Si)U'1'H BURLING`I'ON III,ANN I i�G CONIM1 SS I ()N
The South Burlington Planning Commission will hol(I a hula li_c
1icaring at the South Burlington City Hall, Conference Room, 571
Dorset Street, South Burlington, Vermont on Tuesday, July 22_
1986, at 7:30 P.M. to consider the following:
1) Final plat application of Charles A. Barnes for the two lot
subdivision of a .537 acre parcel of land into a .262 and a .275
acre parcel at 27 Meadow Road. Property is bounded on the south
_by Boyd and Wiener, on the west by Brand, on the north by Shiman
and Baisler, et al and on the east by Meadow Road.
2) Final plat application of M. and M.Partnership (D. and A. Marek)
for a two lot subdivision of a two acre parcel into .97 and 1.07
acres located at 59 Swift Street. Property is bounded on the east
Grimley and Savage, R. Couillard, and Vermont Gas,, on the south
R.Aruzza, Chittenden Bank - Trustee for H. Sanderson, P. Booski,
LeBouef, E. Leblanc, and on the west by New England Telephone
M. Stephens and on the south by Swift Street.
Copies of the applinatK]ns are available for public inspection
at the South Burlington City Hall.
Peter L. Jacob
Chairman,
South Burlington
Planning Commission
July 5, 1986
M E M O R A N D U M
To: South Burlington Planning Commission ^'
From: Jane B. Lafleur, City Planner
Re: July 22, 1986 Agenda items
Date: July 18, 1986
2) LASH, 1515 SHELBURNE ROAD
I have not received new plans from Mr. Lash that reflect the
changes required by the Planning Commission. These include 1)
moving the building outside of the waterline easement; 2) amend-
ing the landscaping plan; and 3) closing the southern curb cut.
3) BARNES, 27 MEADOW ROAD
Mr. Barnes proposes to subdivide the .537 acre parcel into two
lots measuring .275 and .262 acres. The front parcel has an
existing house and garage. The rear parcel is adequate for a
duplex. The property is zoned Residential 4.
Access: Access is proposed from a 20 foot right of way through
the southern side of the front parcel. Under section 19.20 the
Planning Commission may approve a lot with no road frontage
provided the 20 foot easement is secured by a permanent legal
easement or right of way.
Utility Easements: There is a 9 foot water, electric and gas
easement south of the Barnes property. See Bill Szymanski's
comments regarding the easement and drainage.
Lot size: The front lot with the existing house is 11,402 square
feet which meets the 9,500 square feet required for a single-
family lot. The rear lot is 12,007 square feet which is adequate
for a duplex.
Landscaping: Evidently Mr. Barnes has not been able to work out
a landscaping plan with the neighbors to buffer the proposed
house lot. A landscaping plan must be submitted to me prior to
the meeting.
Other: See Bill Szymanski's and Jim Goddette's comments. The
subdivision regulations state that the Commission shall use the
enclosed criteria for reviewing major subdivisions. It is not
clear that these apply to minor subdivisions.
1
Cf�.���d �o� ��►SoR svQ,`��� .� ► o N ;
PLANNED UNIT DEVELOPMENT CRITERIA
The Planning Commission shall evaluate any proposed Planned Unit Development
according to the following standards and conditions:
a. Will not result in undue water or air pollution. In making this determination
the Planning Commission shall at least consider (1) the availability and capa-
city of municipal sewer facilities or the nature of soils and subsoils and their
ability -to support waste disposal adequately, (2) the elevation of land above sea
level and in relation to the flood plains, (3) protection of ground and surface
waters, and (4) all applicable regulations of the health department and other
State agencies.
b. Does have sufficient water available for the reasonably foreseeable needs of
the development.
c. Will not cause unreasonable soil erosion or reduction in the capacity of the
land to hold water so that a dangerous or unhealthy condition may result.
d. Will not cause unreasonable highway congestion or unsafe conditions with re-
spect to use of the highways, existing or proposed.
e. Will not cause an unreasonable burden on the ability of the City to provide
educational services and facilities.
f. Will not cause an unreasonable burden on the ability of the City to provide
municipal or governmental services and facilities.
q. Will not have an undue adverse effect on the scenic or natural beauty of the
area, is aesthetically compatible with existing buildings and site character-
istics, and will protect rare and irreplaceable natural areas and historic
sites.
h. Will provide housing types, cost, and characteristics appropriate to the
housing needs of various social and economic groups.
i. Will provide convenient allocation and distribution of common open space in
relation to proposed development and will conform with the City's recreation
plan.
j. Will provide efficient layout and high -quality installation, construction,
and maintenance of streets and public facilities and will conform with the
City's utilities plan.
k. Will provide for cooperation with adjoining properties in the extension of
roadways, drainage facilities, and utility lines.
1. Will maximize potential for energy conservation and solar energy use via
appropriate site layout and use of building materials.
m. Will conform with the City'"s comprehensive plan.
5
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49
Mr. Charles A. Barnes
73 West Street
Winooski, Vermont 05404
Dear Mr. Barnes:
I am writing to request that you amend your plan to extend
the proposed six foot cedar fence along your property line to
:Meadow Road. Your plan presently shows the fence sixty feet
in length from the southwest corner of your property. I do
not believe this is adequately screening your proposed dwelling
from the abutting southerly properties.
As you may remember, the Planning Commission required you to
work out an acceptable landscaping and screening plan with the
neighbors. Mrs. Boyd, to the south would prefer a fence as I
described. Mr. Shiman to the north prefers landscaping. I
regret that little effort was made to work this out in advance.
Please call me or stop in if you have any questions.
Sincerely,
Jane B. Lafleur,
City Planner
JBL/mcp
S�vrvbor q,�¢Q n a�
cc: Richard Ward U
CITY OF SOUTH BURLINGTON
T1tvR\,—
Subdivision Application - sR rihi+ . ftY PLAT
1) Name of Applicant CHARLES A. BARNES - 73 WEST ST. - WINOOSKI,VT.
2) Name of Subdivision C.A.BARNES SUBDIVISION
3) Describe Subdivision (i.e. total acreage, number of lots or
units, type of land use, include gross floor area if comm-
ercial. ) LO AT ON : 27 MEADOW ROAD SO . BURLT_NGTON . VT . TOTAL LAND AREA
EQUALS 24,000 SQ. FT. - THIS APPLICATION WILL SUBDIVIDE THIS LOT INTO TWO
(2) EQUAL 12,000 SO FT, LOTS. - FRONT LOT BORDERING MEADOW ROAD IS OCCUPIED.
BACK LOT IS TO BE DEVELOPED PER THIS APPLICATION CONTAINING ONE DUPLEX UNIT,
36 ft WIDE BY 60 FT LONG (INCLUDING 20 FT. GARAGES). - EACH UNIT WILL BE
18 FT. WIDE BY 60 FT. LONG WITH GARAGE. - LAND USE DESIGNATED R4 RESIDENTIAL.
4) Indicate any changes to name, address, or phone number of
owner of record,applicant, or contact person since sketch
( plan application: NONE
5. Namp, address, and phone number of:
a. Fncineer ETTZPATFTQY, L�,Fn[jF�LLYN INC:_____
15 BRICKYARD ROAD
ESSEX JUNCTION, VT. L78-3000)
b . Surveyor FIT_ZPA_T_RICK LLEWELLYN INC:
15 BRICKYARD ROAD
ESSEX JUNCTION, VT. (878-3000)
C. Attornev GIL MYERS
26 RAILROAD AVE.
_-------ESSEX JUNCTION, VT. (879-0407)
�. P11t Designer FITZPA_T_RICK__L_LEWELLYN INC:
15 BRICKYARD ROAD
ESSEX JUNCTION, VT. (878-3000)
6) Indicate any changes to the subdivision such as number of lots
or units, property lines, applicant's legal interest in the
property, etc., sinct, this proposal was last before the
Commission: NONE
7) List names and mailing addresses of owners of record of all coat
8)
igous properties:
DAVID A. SHIMAN -
22
ORCHARD
ROAD
- SO.
BURLINGTON,
VT.
- 658-1209
GREGORY BRAND -
24
ORCHARD
ROAD
- SO.
BURLINGTON,
VT.
- 862-9475
MARC WIENER -
28
ORCHARD
ROAD
- SO.
BURLINGTON,
VT.
- 658-3360
JAS. BASILIERE -
23
MEADOW
ROAD
- SO.
BURLINGTON,
VT.
- 862-6386 _
KENNETH BOYD -
39
MEADOW ROAD
- SO.
BURLINGTON,
VT.
- 864-5455
State title, drawing number, date of origi�i-1 plus any revisions,
and designer(s) of the preliminary maps) accompanying this appli-
cation: SEE ATTACHED SURVEY AND SITE PLAN.
a) attach a preliminary .,z2p showing the followino information:
1) Proposed subdivision name or identifying title and the name
of the city.
2') Name and address of owner of record, subdivider and 6esigner
of Preliminary Plat. OWNER: CHARLES A. BARNES
3) Number of acres within the proposed subdivision, location
of property lines, structures, watercourses, wooded areas,
an6 other essential existing, physical. _-eatures.
4) The names of all subdivisions i.-rnediately adjacent ane the
names of owners of record of adjacent acreage. NONE
5) The location and size of any existing sewers and v7ater
/ mains, culverts and r�7ins on the property or serving the
property to be subdivided. SEE ATTACHED SURVEY AND SITE PLAN
6) Location, names and widths of existing, and proposed streets,
private ,aays, sidewalks, curb cuts, paths, easements, parks
N/A - TWENTY FT.(20) ROADWAY EASEMENT TO SUBDIVIDED SITE OF PROPOSED BLDG.
-3-
and other public or privately maintained open spaces as
well as similar facts regarding adjacent property.
7) Contour lines at intervals of five feet, based on United
States Geological Survey datum of existing grades and also
of proposed finished grades where change of existing ground
elevation will be :five feet or more.
8) Complete survey of subdivision trE.ct by a licensed land
surveyor.
9) Numerical and graphic scale, crate and true north arrow.
10) Details of proposed connection with existing water supply
or alternative means of providing water supply to the
proposed subdivision.
11) Details of proposed connection with the existing sanitary
sewage disposal system or adequate provision for on -site
disposal of septic wastes.
12) If on -site sewage disposal system is proposedl- location
and results of tests to ascertain subsurface Yioil, rock i
and ground water conditions, depth to ground water unless
pits are dry at depth of five feet; location and results
of percolation tests.
13) Provisions for collecting and discharging storm drainage
in the form of drainage plan.
14) Preliminary designs of any bridges or culverts which riav
be required.
15) The location of temporary markers adequate to enable the
Commission to locate readily and appraise the basic lay-
out in the field. Unless an existing street intersection
is shown, the distance along a strut from one corner of
the property to the nearest existing street intersection
shall be shown.
16) All parcels of land proposed to be dedicated or reserved
for public use and the conditions of such dedication or
reservation.
10) Developmental timetable (including number of phases, and start
anG Cord"l'tion dates) THERE_- � `
- ___BUI1QTN(-, PHASES_
THE START DATE IS SCHEDULED FOR JULY 23,1986 WITH A COMPLETION DATE
OF OCTOBER 31,1986.
11) List the waivers applicant desires from the requirements
of these regulations: NONE _
12) Att6ch a vicinity map showing the following:
1) All existing subdivisions, approximate tract lines and
acreage of adjacent parcels, together with the names of
the record owners of all adjacent parcels of land, namely,
those directly abutting or directly across any street ad-
joining the proposed subdivision.
2) Locations, widths and names of existing filed or proposed
streets, curb cuts, easements, building lines and alleys
pertaining to the proposed subdivision and to the adjacent
properties as designated in paragraph 1 aoove.
3) An outline of the platted area together with its street
system --nd an indication of the future probable street
system of the remaining portion of the tract, if the
Preliminary Plat su'rxnitted covers only part of the sub -
divider's entire holding.
(signature) applicant or contact person ate