HomeMy WebLinkAboutAO-08-08 - Decision - 0102 Ethan Allen DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TERRY & BETHANY LIEBERMAN
APPEAL #AO-08-08
FINDINGS OF FACT AND DECISION
Terry & Bethany Lieberman, hereinafter referred to as the appellants, appeal the
decisions of the Administrative Officer contained in Notices of Violation #NV-08-09 and
#NV-08-10, 102 Ethan Allen Drive.
The Development Review Board held a public hearing on Tuesday, June 3, 2008. David
Rugh, Esq., represented the appellants.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return
Receipt, Notices of Violation dated April 16, 2008, to Terry & Bethany Lieberman
for a zoning violation at 102 Ethan Allen Drive (#NV-08-09 & #NV-08-10 —
EXHIBITS 1&2).
2. The Notices of Violation described the violation as: "Altered the existing grade of
[the] above referenced property in the vicinity of 44 Country Club Drive by placing
or allowing to be placed fill, gravel, sand, loam, topsoil or other similar material in
an amount equal to or greater than 20 cubic yards without approval of the
Development Review Board and a zoning permit".
3. A Notice of Appeal (#AO-08-08) was filed on 5/1/08 by Terry & Bethany
Lieberman (EXHIBIT 3), hereinafter referred to as "Appellants", appealing the
Administrative Officer's determination in Notices of Violation #NV-08-09 & #NV-
08-10.
4. A public notice on the appeal was published in Seven Days on May 14, 2008
(EXHIBIT 4).
5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the
Belters' property by Terry & Bethany Lieberman is depicted on a plan entitled,
"Topographic Survey for Terry & Bethany Lieberman 44 Country Club Drive So.
Burlington, Vermont", prepared by Vermont Land Surveyors, Inc., last revised on
March 14, 2008 (EXHIBIT 5). The Liebermans' agent informed the
Administrative Officer that the Liebermans placed approximately 200 cubic yards
of fill, gravel, sand, loam, topsoil, or other similar material on the Belters'
property.
CONCLUSIONS OF LAW
1. Section 3.12 of the Land Development Regulations requires approval of the
Development Review Board for the placement of fill, gravel, sand, loam, topsoil,
or other similar material equal to or greater than 20 cubic yards (EXHIBIT 6).
2. No one has obtained approval from the Development Review Board for the
placement of more than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other
similar material on Appellant's property.
3. Section 17.02 of the Land Development Regulations states, in relevant part, that
"no land development may be commenced within the area affected by these
regulations without a zoning permit issued by the Administrative Officer"
(EXHIBIT 7). The definition of "land development" includes "[t]he construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any
building or other structure, or of any mining, excavation or landfill ..." See
Article 2 of the Land Development Regulations. Since land development has
taken place on the 102 Ethan Allen Drive property by action of the appellants, the
Board concludes that the appellants are in violation of the Land Development
Regulations and 24 V.S.A. section 4449(a)(1).
4. No one has applied for or obtained a zoning permit for the placement of more
than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other similar material on
Appellant's property. Since no zoning permit has been issued for placement of
fill by the appellants on the 102 Ethan Allen Drive property, the Board concludes
that the appellants are in violation of the Land Development Regulations and 24
V.S.A. section 4449(a)(1).
DECISION
Motion by 6A 0'- Q10M 6 seconded by w`I W holoo#to
uphold the decisions of the Admi istrative Officer in Notices of Violation #NV-08-09 and
#NV-08-10 to Terry & Bethany Lieberman.
Mark Behr —nay/abs in/not present
Matthew Birmingh m — ea nay/abstain/not present
John Dinklage — e nay/abstain/not present
Roger Farley — ea ay/abstain/not resent
Eric Knudsen — yea/nay/abstain not resen
Peter Plumeau — yea/nay/abstai of presen
Gayle Quimby — ea ay/abstain/not present
Motion carried by a vote of
•7 re
Signed this
i
John Dinklage, Chair or
ya0
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).