Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 0025 Millham Court�; s COPY 11ovember 23, 1970 Mr. and Mrs. George Mathon 25 Milham Court South Burlington, Vermont 05401 Dear Mr. and Mrs. I'lathon: Confirming our telephone conversation, and in connection with your violation of the Zoning Ordinance, it will be necessary for you to return your present house to a two-family dwelling by December 18, 1970. By that date, all tenants must have vacated. However, if you wish a building permit to convert the breezeway, the zoning violation must first be cured. In other words, if you wish a permit, all tenants must have vacated the property prior to the issuance of the perrit. This does not apply to the apartment presently housing one family other than your own. Very truly yours, John T. Ewing JTE/p cc: Mr. Richard R. Ward LAW OFFICES OF JOHN T. EWING RICHARD A. SPOKES JOHN T- EWING 86 ST. PAUL STREET BURLINGTON, VERMONT 0540! November 23, 1970 Mr. Richard R. Ward South Burlington Town Offices 555 Dorset Street South Burlington, Vermont 05401 Dear Dick: Here is a copy of my letter to Mr. Mathon. In discussing this with him on the telephone, he indicates that he intends to comply. Would you please let me know if he does not do so. JTE/p Enc. Very truly yours, John T. Ewing AREA CODE 802 863-2877 Mr. John T. Pb St. I aul Burlington, Dear John: Ewing , ""sq . Street VT 051+01 November 19, 1970 Sometime ago (within two months) I informed you of a violation taking place in the Millham Court area. The people involved were Mr. & Ctrs. George Mathon. The Millham Court area is zoned Business District I' and is developed residential, being now a non -conforming use. In the early part of September, it was reported to this office that the '14athon's were renting out rooms, by the night, weak or month. Investigation by me revealed the house involved has ten (10) rooms, five (5) bedrooms and seven and one half (7-�) bathrooms. Four of the rooms were being used for renting purposes. On the subject of the bathrooms, these were not adequate by any standards. Dr. Charles Cluck conducted an inspection (a copy of his report is attached). At one point, the area residents attended one of the Selectmen meetings, requesting that something be done to correct this violation. After much discussion with the PIathon's the;; agreed to renting to only three (3) students, over a period of two weeks they did slow the operation down some. ith the violation still existing, the 'Mathons made application to the Zoning; Loard of Adjustment last evening (November 1P, 1970). The application was denied, the request was to convert the existing house into a boarding; house. Py order of the L'oard of Selectmen, they want you to take whatever action you deem necessary to correct the violation.' If you have any questions, please contact me. Very truly, Richard 1,,ard Zoning Administrator R tau/ j November 19, 1970 ',fr. &- 'ors. George i4athon 2.5 Millham Court South Burlington,VT 05401 Dear Mr. & Mrs. ?�,?athon: This letter is to notify you that the South Burlington Zoning Board of Adjustment did not approve your request for a variance from the south L'urlin�,ton Zoning; Ordinance. This office will refer this violation to the Town Attorney for any action he deems necessary. Very truly, Richard �,��lard Zoning Administrator R "ATI j Mathon Area zoned Business District B. House located on corner Clinton Street and Millham Court. Entire area is developed residential, being a non conforming use. Lot size 150' x 150' combined two lots. House size 10 rooms total, 5 bedrooms, and a one room efficiency apartment. Presently in violation: renting to three students. In September, Dr. Gluck conducted an inspection his findings were as follows: a) That no further bathrooms,facilities or apartments be allowed to be built within the dwellings. b) That you provide adequate enclosure and Ventilation for the bathrooms that have already been built in the existing bedrooms and apartments. c) That if the septic tank and leach field system should prove to be inadequate in the future that you provide appropriate addition to the septic tank system. !�r. & Mrs. George Mathon 25 Millham Court South Burlington, VT 05�+01 Dear Mr. & Mrs. Mathon: This is to notify you that the Board of Adjustment will hold South Burlington High School, November 18, 1970 at 7:30 P-IM. for a variance. Please plan to attend. RIIII/i November 13, 1970 South Plurlington Zoning a public hearing at the Cafeteria II, on VIednesday, t6 consider your request Very truly, Richard ",lard Zoning Administrator hearing Date Advt. Date '70 Advertise 6 days prior to meeting. South Purlington Zoning Boarc? of Adjustment South Purlinr,ton, Vermont Gentlemen: I hereby at)neal to the 'Zoning Foard of Adjustment for the following variance. I understand that regular meeting dates are the first and third '.lednesdays of the month at 7:30 P.111. at the South Purlington high School. The legal advertisement shall an>>ear as below, and I agree to pay, either noi.: or before the ad appears, a fee of �,30.00, which fee is to offset costs of holding said hearing. Sir,nat and Address Date SOUTH DURLINGTOPI ZONING '41(;TICU The South Purlington Zoning hoard of Adjustment will mold a public hearing at the :youth Durlington high School, Cafeteria II, Do, set .�treot, South Turlington, Vermont on �,,%,,� �,�., , �, r /P, /"70 day of reek month and date at to consider the following: time Appeal of_ ,� '/ �' ��- seeking name Section 0r �; r number i ktit-Le of ction South F'urlington Zoning Ordinance. nRequest is for permission to�J?*-rU-#Ae4t �i L+'2. i+ec.P� f /� �,.a..t�fGL'fl.. ,�,L,G �' ,c,4>..L..�.(�..1-tear-G-M..7,o "' [%,.,.., lJ�a .�t�►'L/ ��`�-G�...u�'.�' a variance from of the ZONIIItiG ..:iARD OF ADJUST 1,16 T a.P-r-rl- t 1 ' e--7 �� . ,',. T014N OF SOUTH FURLINGTON, V 14101"JT 555 DORSLT STREET SOUTh DMILINGTONI VLREONT Date Dear Citizen: Attached to this sheet is a copy of a legal notice that is to appear in the Purlington Free Press. The Foard of Selectmen has instructed that this form be sent to adjacent property ovmers as a method of advising them of a public hearing that could or could not affect their property. This is not intended to mean that they are either in favor of or against the request, but is merely furnished for your informational purposes. Very truly yours' Richard Ward Zoning Administrator RYJ/j September 160 1970 Mr. and Mrs. George Pathon 25 Milham Court South Burlington, Vermont Dear Mr, and 1drs. Iriathon: I visited your house the other day in the capacity of Town Health Officer at the request of Mr. Ward and the board of -5'e-1o,QU4-,en who were concerned about the question of health problems with the development of further apartments in your home. I find that the bathroom facilities overstress the single septic tank and leach fields that you have and that the problem you recently had with backup of the septic tank - would only be repeated in the near future despite taie extension of your leach fields recently because of the excessive load on the septic tank. In addition to too many bathrooms for the size of your dwelling, some of the bathrooms are poorly designed with inadequate ventilation and do not meet the health standards. I am recommending the following to Ar. Richard Ward and to Mr. hobert Janes, the town manager: 1. That no further bathrooms facilities or apartments be allowed to be built within your dwelling. 2. That you provide adequate enclosure and ventilation for the bathrooms that have already been built in the existing bedrooms and apartments, 3. That if the septic tank and leach field systems should prove to be inadequate in the future that you provide appropriate addition to the septic tank system, I Sincerely yours, CMG/l,g Charles 1A. Gluck, M.D. cc: 1dr. Richard Ward Mr. hobert Janes October 28, 1970 Mr. & Mrs. George Mathon 25 Milham Court South Burlington, VT 051+01 Dear Mr. & Mrs. Mathon: Early in September you were advised by the writer that you were violating the provisions of the South Burlington Zoning Ordinance by renting out rooms from your home. As a result of this a complaint was received by area residents and the Board of Selectmen were informed. You then proceeded to remodel a portion of the house without first obtaining a building permit. Since that time, a letter has been forwarded to this writer and your intentions were to rent to three students and also the efficiency apartment. It is the opinion of this writer that you are operating a boarding house and you are still violating the provisions of the Zoning Ordinance. If you wish to continue this operation, you must attempt to obtain a special exception from the provisions of the Zoning Ordinance. The alternative in this case will be for you to restore back to a residential use. This is to officially inform you that one of the above actions must be taken within two weeks, otherwise the Town will take whatever action it deems necessary to correct this violation. Very truly, :iichard ',°'ard Zoning Administrator RW/ j October 6, 1970 Mr. & Mrs. George Mathon 25 Millham Court South Burlington, VT 05401 Dear Mr. Mathon: In regard to a recent discussion with Mrs. Mary Mathon, she informed this writer that she would no longer be renting rooms. At this same time she was informed by this writer that it would be necessary to submit a letter to the Board of Selectmen stating your intensions for future operation. As of this date no action has been taken and this complaint to the Selectmen is still pending. I would appreciate it if you would give this matter your immediate attention, and forward a letter to me. Very truly, Richard Ward Zoning Administrator RW/ j George W. Mathon 25 Millham Court South Burlington, Vermont 05401 Zoning Administrator South Burlington Vermont, 05401 Sir: In connection with a request to enlarge our breezeway by including a section of my garage into the breezeway and conditions that were to be corrected prior to issuance of a building permit please be advised that: Its our intention to runt otib rooms only to 3 students that are presently renting rooms and to rent the effeciency apt to one person. To provide adequate parking space, paved or gravelled To replace our present septick tank iAth a 1500 gal size, Giroux Septick tank Co hatre been contacted and tre to do this. To provide adequate ventilation as required for all toilets. I beleive that the above will meet the requirements desired, and that it will be possi* now for you to issue the building permit requested. Since , Teor lathon September 3, 1970 Discussion with Mr. & Mrs. George Mathon: Mr. Ward explained. to Mr. Mathon that he has had complaints about the number of cars on the premises. Mr. Ward said that this was a Business District so that it was legal to have a business there as long as it conformed to the ordinance. Mr. Ward also explained to Mr. Mathon that he must furnish 11-parking spaces for each boarder, off the street with a properly paved or gravel area with proper drainage, each boarder with a private bathroom, and 40,000 square feet of land in order to run a boarding house. Mr. Mathon said he was not running a boarding house as such. Mr. Ward stated that if you advertise in the paper it is considered a boarding house. Mr. Mathon said that his wife was the one responsible for putting the ad in the. paper. Mr. Ward asked Mr. Mathon how many cars had been parked in the yard on a previous night. Mr. Mathon said that there were about 12 cars parked on the premises. Mr. Ward asked if they were all parked within the 12 or 15 feet that the Town owns. Mr. Mathon said that some of the cars were parked on the Towns property. Mr. Ward also informed Mr. Mathon that it was illegal to take in boarders by the night, or day, and that babysitting was alright. Mr. Ward. explained to Mr. Mathon that if he did not conform to the ordinance that he would have to turn the matter over to the Town Attorney. Mr. Mathon said that he would try to conform. Mr. Mathon said he did not understand why a paved parking lot was necessary. Mr. Ward told him that he had to have a parking area to keep the cars off the streest especially in the winter months when the snow is banked up and for proper drainage. The cars cannot be parked in the streets or they will be towed away. Mrs. Mathon then stated that she had not been renting by the night or day because there were too many people who wanted to rent rooms by the week. Mr. Ward asked Mrs. 1"lathon how many people she had staying there. Mrs. Mathon said that the had 3 students for the year and two men that were construction workers that were going to be leaving that week. y C1 - 2 - Mrs. Mathon said that she has not had many boarders in the summer months. She said that it has only been in the last 2 weeks that she has had people calling up to rent the rooms. She stated that she has 5 rooms to rent. Mr. Ward asked if that included renting their own room. Mrs. Mathon said that it didn't. Mrs. Mathon then stated that she has all 5 of her rooms rented at the present time with the 3 students and the 2 workers. Mrs. Mathon said that she saw no reason why the cars would not be parked in the back yard. Mr. Ward said that if they were parked in the back yard that it.might cave in the dry well or cause other problems. Mrs. Mathon said that she has received calls from people who would want the rooms for one or two days. She said that she had 6 people renting by the month. She stated that she has only had 2 people by the night --or day since she has been renting these rooms. Mrs. Mathon then informed Mr. Ward that she had never had more than 6 staying at the house at one time and that they have only been there is the last 2 weeks. Mr. Ward questioned the Mathons about the 12 cars parked on the premises and asked if they had all been roomers. Mrs. Mathon stated that some of them were their relatives and had left for` home. Mr. Ward urged Mi. & Mrs. Mathon to comply with the Zoning Ordinance if they were going to continue to run a boarding house. M E M O R A N D U M TO: Robert Janes, Town Manager FROM: Richard Ward Zoning Administrator SUBJECT: Zoning Viola?ion, 25 Millham Court DATE: October 30, 1970 On September 1, 1970 this office received complaints of this violation from Mr. Devlin and Mr. Hawley. Investigation conducted on September 2 & 39 1970, Warning issued September 3, 1970 by Zoning Administrator. Discussion with Town Attorney: Area zoned Fusiness District F. Residential use being non -conforming. Mathon's made aware of requirements of Zoning Ordinance. House being; used as a boarding house. Ads in local paper renting by day, night or week. As of October 28, 1970 violation still exists. Another warning issued by registered mail. If no correction has been made to this violation within two (2) weeks of the last warning, recommend court action be taken. Richard VTard Zoning Administrator RW/ j September 3, 1970 Mr. & Mrs. George Mathon 25 Milham Court South Purlington, VT 054m, Dear Mr. r'athon: This is a follow up in regard to our discussion of Thursday, September 3, 1970. It is my understanding; that you have advertised in the local paper, rooms for rent by the day, weak or month, this being the case you are definitely operating a guest house and or a motel, hotel. As you are well aware all the Clinton Street, Milham Court area is Pusiness District, therefore, the land use would allow this type of a business. If you wish to convert your residence into a business, you would have zoning requirements to conform to; such as, providing a lot containing 40,000 square feet, providing off-street parking, properly constructed and drained, etc. Presently it is my understanding that you are renting three rooms to local college students and two other rooms to out- of-state construction workers. Each room must comply to state regulations and all fire codes. Providing you meet all the necessary regulations of loth the local zoning laws and state laws, you would have a legal right to conduct a business. I must insist that if the above is violated I will definitely refer this matter to the Town :"tttorney for any action the Town may resort too. If you aren't aware of the state and local laws, I am willing to assist you in any way I can. Very truly, Richard ".ard Zoning Administrator Rw/j September 14, 1970 Mr. & Mrs. George Mathon 25 PIiilham Court South Furl.ington, VT 05+01 Dear Mr. Ma hon : This past week, the Chairman of the Poard of Selectmen received further complaints from area residents in regard to the activity at your residence. These people are con- cerned with the traffic around your house. On any }given evening as many as ten vehicles are parl,.-i all over the road and your lawn. They are concerned with the safety of the children, recently the Town ;police were called because of a fight, involving your tenants. As I explained to you some time ago, this is still developed as a residential zone and your neighbors wish to keep it that way. With your type of operation, you are running a hotel, by allowing people to rent rooms by the night or week. Recently the Chairman of the Foard of Selectmen instructed me to have the Town Health Officer investigate this matter and also informed rye that until such time as this natter is properly resolved, the Town will not issue a permit �'or any alterations to your house. As you are aware you are in violation of the South Turlin1ton Zoning Ordinance and the Town will take whatever remedies it deems necessary to correct these violations. Very truly, Richard vlard Zoning Administrator Rw/ j J Of d � S �,?eo /VA�� ",A -e , : -d -44--7, i i -- 0 a, / � o M hearing Dat &L-7, 'Advt. Dat &2Z /, /r7v Advertise 6 days prior to sleeting. South Flurlinnton Zoning Boarr3 of Adjustment South Purlin ;ton, Vermont Gentlemen: I hereby at)peal to the Zoning 1'oard of Adjustment for the following variance, I understand that regular �:ieeting dates are the first and third ..ednesdays of the month at 7:30 P..;. at the South Purlington high � cr�ool. The legal advertisement shall appear as below, and I agree to pay, either nog: or before the ad appears, a fee of "'30.00, which fee is to offset costs of holding said hearing. Si.gnatu e and Address Date SOUT11 BURLINGTON ZONIIIG 'NOTICE The South I'urlington Zoning I-oard of Adjustment will 1,old a public hearing at the ;.youth Burlington high ScY ool� Cafeteria II, 'iorset Street, South Iurlington, Vermont on , day of 7-ieek month and date at (time )— to consider the follow4k.ng: ` Appeal of, seeking a variance from t name ) Section e . Z/ -ALe �L' , z- of the number~ Ztit .e of se ion) — South T'urlington :toning Ordinance. Request is for permission to Zl.NIII G JAHD OF ADJUST i'1i�:.T TOWN OF SOUTH FURLINGTON, ULJI:iOIIT 555 DORSET STRi= SOUTH PUR LIIIGTOPI, V"RI ;OI--IT Date Dear Citizen: Attached to this sheet is a copy of a legal notice that is to appear in the J'urlington Free Press. Tie Board of Selectmen has instructed that this form be sent to adjacent property owners as a method of advising there of a public hearing that could or could not affect their property. This is not intended to mean that they are either in favor of or against the request, but is merely furnished for your informational purposes. Very truly yours, Richard Ward Zoning Administrator RAJ/j Z&'c. s cx-$� I 50 i