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Home My WebLink AboutBATCH - Supplemental - 0102 Ethan Allen DriveSTITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (JKLESCH@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-9119 WILLIAM E. FLENDER August 20, 2008 Jacalyn M. Fletcher, Court Manager Vermont Environmental Court 5418 Airport Road Barre, VT 05641-8701 Re: Appeal of John Belter and Joyce Belter NOV for Fill Placement Docket Nos. 154-7-08 Vtec and 155-7-08 Vtec Dear Jackie: OF COUNSEL JOHN H. KLESCH DINA L. ATWOOD Enclosed for filing please find a Notice of Appearance in connection with the above -referenced matters. Enclosure ncerely, Joh H. Ke"sch CC: David W. Rugh, Esq. Hobart F. Popick, Esq. Mark Sperry, Esq. Raymond Belair, Administrative Officer son08-098.cor STATE OF VERMONT ENVIRONMENTAL COURT IN RE: APPEAL OF JOHN BELTER and ) JOYCE BELTER OF NOTICE OF ) DOCKET NOS. 155-7-08 VTEC VIOLATION FOR FILL PLACEMENT ) 154-7-08 VTEC NOTICE OF APPEARANCE NOW COMES JOHN H. KLESCH, of the firm of Stitzel, Page & Fletcher, P.C., and hereby enters his appearance in the above - referenced matter by and on behalf of the City of South Burlington. DATED at Burlington, in the County of Chittenden and State of Vermont, this 20th day of August, 2008. I= STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO. BOX 1507 BURLINGTON, VERMONT 05402-1507 STIT/GA, PAGE & FLETCHER, P.C. John H.�'Kiesch, Esq. 171 Ba ery Street P. y 6x 1507 Bu 1;ngton, VT 05401-1507 r pWE !0 southburlington PLANNING & ZONING July 24, 2008 Hobart F. Popick, Esq. Langrock Sperry & Wool, LLP PO Box 721 Burlington, VT 05402-0721 Re; Joyce Belter NOV — Docket No. 155-7-08 Vtec Dear Mr. Popick: Pursuant to Rule 5(b)(4)(A) of the Vermont Rules of Environmental Court Proceedings (also see 24 V.S.A. §4471(c)), the following is a list of "interested persons" for the above referenced proceeding. You are instructed by that Rule to serve a copy of your client's notice of appeal upon all the people or entities listed below, by certified mail. Mark Sperry, Esq. Langrock Sperry & Wool, LLP PO Box 721 Burlington, VT 05402-0721 Jon Anderson, Esq. Burak Anderson & Melloni, PLC PO Box 787 Burlington, VT 05402-0787 When the DRB sent out its notice on the above referenced application, the following additional people or entities were provided a copy of the DRB notice (this list does not include the persons noted above who appeared at the DRB hearing): Terry & Bethany Lieberman 44 Country Club Drive South Burlington, VT 05403 James Kirchgassner 45 Country Club Drive South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www,sburi.com Neil & Patricia Zoller 46 Country Club Drive South Burlington, VT 05403 Lastly, I recommend that you consult the statutory definition for "interested persons" contained in 24 V.S.A. §4465(b). If you believe that our list is missing someone who has interested persons status in this proceeding, you should consider sending them a copy of the notice of appeal, so that you can be confident that all persons or entities who are entitled to notice have received it. If you have any questions, please feel free to contact me. jSincered J. Belair r"Administrative Officer cc: Vermont Environmental Court John Klesch, Esq. r ®A ► southburfington PLANNING & ZONING July 24, 2008 Hobart F. Popick, Esq. Langrock Sperry & Wool, LLP PO Box 721 Burlington, VT 05402-0721 Re; John Belter NOV — Docket No. 154-7-08 Vtec Dear Mr. Popick: Pursuant to Rule 5(b)(4)(A) of the Vermont Rules of Environmental Court Proceedings (also see 24 V.S.A. §4471(c)), the following is a list of "interested persons" for the above referenced proceeding. You are instructed by that Rule to serve a copy of your client's notice of appeal upon all the people or entities listed below, by certified mail. Mark Sperry, Esq. Langrock Sperry & Wool, LLP PO Box 721 Burlington, VT 05402-0721 Jon Anderson, Esq. Burak Anderson & Melloni, PLC PO Box 787 Burlington, VT 05402-0787 When the DRB sent out its notice on the above referenced application, the following additional people or entities were provided a copy of the DRB notice (this list does not include the persons noted above who appeared at the DRB hearing): Terry & Bethany Lieberman 44 Country Club Drive South Burlington, VT 05403 James Kirchgassner 45 Country Club Drive South Burlington, VT 05403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802,846.4101 www.sburl.com Neil & Patricia Zoller 46 Country Club Drive South Burlington, VT 05403 Lastly, I recommend that you consult the statutory definition for "interested persons" contained in 24 V.S.A. §4465(b). If you believe that our list is missing someone who has interested persons status in this proceeding, you should consider sending them a copy of the notice of appeal, so that you can be confident that all persons or entities who are entitled to notice have received it. If you have any questions, please feel free to contact me. Sincerely, Raymon Belair Administrative Officer cc: Vermont Environmental Court John Klesch, Esq. VERMONT ENVIRONMENTAL COURT City of South Burlington 575 Dorset Street South Burlington VT 05403 Joyce Belter NOV Docket No. 155-7-08 Vtec (802) 828-1660 2418 Airport Road, Ste.1 Barre, Vermont 05641 - 8701 July 22, 2008 The above -referenced appeal from a municipal panel, district commission, agency of natural resources or agency of agriculture was received at the Environmental Court on 07/18/2008. Environmental Court docket number 155-7-08 Vtec has been assigned to this appeal. Please use the Environmental Court docket number and the above case name when filing any documents or asking any questions concerning this case. Please note, this case name may not be final if we are missing necessary information from the appellant. All documents should be filed with the Environmental Court at the address at the top of this letter. Also, if you have not provided the Court with a telephone number where you can be reached during working hours for the purpose of telephone conferences, please do so as soon as possible. The Vermont Rules for Environmental Court Proceedings (V.R.E.C.P.) set out the procedures to follow for this appeal. Enclosed is a copy of those Rules, minus Rules 3 & 4 which are not applicable in this type of action. I have also omitted some of the Reporter's Notes. You may obtain a full copy of the Rules and Reporter's Notes at www.vermontjudiciary.org. 1. The person filing the appeal is called "the appellant." The appellant must take certain actions in order to assure that this appeal is not dismissed. Consult the Vermont Rules for Environmental Court Proceedings to see what those actions are. For requirements regarding the appellant's responsibility to notify interested parties, see V.R.E.C.P. 5(b)(4)(A); see also Form 900 available on the Court's web site at www.vermontjudiciary.org or by calling the Court at the above number and requesting that one be sent to you. 2. This case will be ready for hearing or other appropriate disposition when the time for filing the appellant's statement of questions has expired, or 20 days after the notice to interested parties has been sent, whichever occurs later. To complete service of appeals, the appellant must do as follows: From an Appropriate Municipal Panel, follow V.R.E.C.P. 5(b)(4)(A). The clerk of the appropriate municipal panel must provide the appellant with a list of interested persons within five working days of the municipality's receipt of a copy of the notice of appeal. July 22, 2008 -Page 2- 155-7-08 Vtec From .a District Commission, District Coordinator or the Secretary of the Agency of Natural Resource, follow V.R.E.C.P. 5(b)(4)(B): Take special notice that no list of interested parties will be provided by the tribunal, other than the service list on the decision appealed from. The Court may extend that time if a request is made by written motion filed with the Court before the deadline has expired. If this case is set for a hearing on the merits, the hearing will take place in or near the county in which the case originated. Please note that pursuant to V.R.E.C.P. 5 (b)(4) (g), these appeals are de novo, unless the municipality has adopted procedures to make certain appeals on the record. 3. Faxing a copy of a document is not sufficient to meet deadlines for filing documents with the Court. Faxed copies may be authorized by the Court in certain circumstances, but the Court will not accept Faxed documents unless the sender has first telephoned the Court and obtained permission to do so or and unless the judge has authorized it in a scheduling order. 4. The person filing any document (including letters) with the Court must also send a copy of that document to each of the other parties. The Clerk of the Environmental Court will contact the parties to arrange for a pre -hearing conference in person or by telephone with a judge or with a case manager. Before the initial conference, the Appellant is requested to provide the Court with a copy of the decision being appealed from. The Court finds it useful in preparing to discuss the appeal with the parties at the initial conference. Sincerely, Manager/designee CC: Municipality, City of South Burlington Hobart F. Popick, Attorney for Appellant, Joyce N. Belter Vermont Environmental Court 2418 Airport Road, Suite 1 Barre, VT 05641-8701 (802) 828-1660 July 23, 2008 ---------------------------------------- City of South Burlington 575 Dorset Street South Burlington VT 05403 ---------------------------------------- Joyce Belter NOV Docket No. 155-7-08 Vtec Please see the enclosed ENTRY ORDER issued by Judge Thomas S. Durkin on July 22, 2008. Also enclosed for the Appellant is Attorney Popick's check #11672 in the amount of $250. CC: Municipality, City of South Burlington Hobart F. Popick, Attorney for Appellant, Joyce N. Belter Environmental Court of Vermont FILED State of Vermont JUL 2 2 2008 - -------------------------------------------------------------------------- --------------------------------------------------------------------------- ENTRY REGARD I N G M0TI0NVERMONT Joyce Belter NOV Municipal DRB Notice of Violation Title: Motion To Waive the Filing Fee, No. 1 Filed: July 18, 2008 Filed By: Popick, Hobart F., Attorney for: Appellant Joyce N. Belter Response: NONE XGranted Denied Scheduled for hearing on: at RE: Docket Numbers 154-7-08 and 155-7-08. Docket No. 155-7-08 Vtec Other ; Time Allotted These related Notice of Violation appeals appear to arrise from identical violation allegations, separately issued to John & Joyce Belter, based upon the same activities occuring on a parcel of land co -owned by the Appellants. The matters are henceforth consolidated; Appellants' request that one of their two filing fees be fully refunded is hereby GRANTED. I �•�, h ►. q .',v.`u 2 2 2oa , . Judge Date Date copies sent to: 7 U �� Clerk's Initials - Copies sent to: Municipality City of South Burlington Attorney Hobart F. Popick for Appellant Joyce N. Belter sothbur11 i o CY PLANNING & ZONING July 23, 2008 David W. Rugh, Esq. Burak Anderson & Melloni, PLC PO Box 787 Burlington, VT 05402-0787 Re: Lieberman NOV — Docket No. 142-7-08 Dear Mr. Rugh: Pursuant to Rule 5(b)(4)(A) of the Vermont Rules of Environmental Court Proceedings, (also see 24 V.S.A. §4471(c)), the following is a list of "interested persons" for the above proceeding. You are instructed by that Rule to serve a copy of your client's notice of appeal upon all the people or entities listed below, by certified mail. Jon Anderson, Esq. Burak Anderson & Melloni, PLC PO Box 787 Burlington, VT 05402-0787 David W. Rugh, Esq. Burak Anderson & Melloni, PLC PO Box 787 Burlington, VT 05402-0787 When the DRB sent out it's notice on the above referenced application, the following additional people or entities were provided a copy of the DRB notice (this list does not include the persons noted above who appeared at the DRB hearing. John & Joyce Belter 2 Country Club Drive South Burlington, VT 05403 James Kirchgassner 45 Country Club Drive South Burlington, VT 057403 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com Neil & Patricia Zoller 46 Country Club Drive South Burlington, VT 05403 Lastly, I recommend that you consult the statutory definition for "interested persons" contained in 24 V.S.A. §4465(b). If you believe that our list is missing someone who has interested persons status in this proceeding, you should consider sending them a copy of the notice of appeal, so that you can be confident that all persons or entities who are entitled to notice have received it. If you have any questions, please feel free to contact me. ASinc t� t ay on J. Belair Administrative Officer cc: Vermont Environmental Court John Klesch, Esq. VERMONT ENVIRONMENTAL COURT ---------------------------------------- City of South Burlington 575 Dorset Street South Burlington VT 05403 ---------------------------------------- Lieberman NOV Docket No. 142-7-08 Vtec (802) 828-1660 2418 Airport Road, Ste.1 Barre, Vermont 05641 - 8701 July 15, 2008 The above -referenced appeal from a municipal panel, district commission, agency of natural resources or agency of agriculture was received at the Environmental Court on 07/14/2008. Environmental Court docket number 142-7-08 Vtec has been assigned to this appeal. Please use the Environmental Court docket number and the above case name when filing any documents or asking any questions concerning this case. Please note, this case name may not be final if we are missing necessary information from the appellant. All documents should be filed with the Environmental Court at the address at the top of this letter_ Also, if you have not provided the Court with a telephone number where you can be reached during working hours for the purpose of telephone conferences, please do so as soon as possible. The Vermont Rules for Environmental Court Proceedings (V.R.E.C.P.) set out the procedures to follow for this appeal. Enclosed is a copy of those Rules, minus Rules 3 & 4 which are not applicable in this type of action. I have also omitted some of the Reporter's Notes. You may obtain a full copy of the Rules and Reporter's Notes at www.vermontjudiciary.org. 1. The person filing the appeal is called "the appellant." The appellant must take certain actions in order to assure that this appeal is not dismissed. Consult the Vermont Rules for Environmental Court Proceedings to see what those actions are. For requirements regarding the appellant's responsibility to notify interested parties, see V.R.E.C.P. 5(b)(4)(A); see also Form 900 available on the Court's web site at www.vermontjudiciary.org or by calling the Court at the above number and requesting that one be sent to you. 2. This case will be ready for hearing or other appropriate disposition when the time for filing the appellant's statement of questions has expired, or 20 days after the notice to interested parties has been sent, whichever occurs later. To complete service of appeals, the appellant must do as follows: From an Appropriate Municipal Panel, follow V.R.E.C.P. 5(b)(4)(A). The clerk of the appropriate municipal panel must provide the appellant with a list of interested persons within five working days of the municipality's receipt of a copy of the notice of appeal. July 15, 2008 -Page 2- 142-7-08 Vtec From a District Commission, District Coordinator or the Secretary of the Agency of Natural Resource, follow V.R.E.C.P. 5(b)(4)(B): Take special notice that no list of interested parties will be provided by the tribunal, other than the service list on the decision appealed from. The Court may extend that time if a request is made by written motion filed with the Court before the deadline has expired. If this case is set for a hearing on the merits, the hearing will take place in or near the county in which the case originated. Please note that pursuant to V.R.E.C.P. 5 (b)(4) (g), these appeals are de novo, unless the municipality has adopted procedures to make certain appeals on the record. 3. Faxing a copy of a document is not sufficient to meet deadlines for filing documents with the Court. Faxed copies may be authorized by the Court in certain circumstances, but the Court will not accept Faxed documents unless the sender has first telephoned the Court and obtained permission to do so or and unless the judge has authorized it in a scheduling order. 4. The person filing any document (including letters) with the Court must also send a copy of that document to each of the other parties. The Clerk of the Environmental Court will contact the parties to arrange for a pre -hearing conference in person or by telephone with a judge or with a case manager. Before the initial conference, the Appellant is requested to provide the Court with a copy of the decision being appealed from. The Court finds it useful in preparing to discuss the appeal with the parties at the initial conference. Sincerely, alyn M. Fletcher, Court Manager/designee CC: Municipality, City of South Burlington Jon T. Anderson, Attorney for Appellant, Terry Lieberman Jon T. Anderson, Attorney for Appellant, Bethany Lieberman Co -Counsel for Appellant, David W. Rugh B►U ANDERSON MELLONI PLC Counsellors at Law J U L 1 4 2008 ' ST{TZEL PAGE & FLEl'ifkf_l�, PC Jacalyn Fletcher, Court Manager Vermont Environmental Court 2418 Airport Road, Suite 1 Barre, VT 05641-8701 Michael L. Burak` Jon Anderson Thomas R. WNW" Michael B. Rosenberg' Shane W. McCormack'$ NV Scott Fewell 11 Auja Freiburg David W. laugh"° Gateway Square • 30 Main Street Post Office Box 787 Burlington, Vermont 05402-0787 Phone: 802 862-0500 Fax: 802 862.8176 *Also admitted in New Yorlt "Also admitted in Maryland *Also admitted in the District of Columbia $Also admitted in Massachusetts "Also admitted in Connecticut & Pennsylvania July 11, 2008 www:vtlawl.com Re: Appeal of Lieberman Notice of Violation for Fill Placement Docket No. Dear Jackie: Enclosed for filing in the above -referenced matter please find a Notice of Appeal of the City of South Burlington's July 7, 2008 decision upholding a Notice of Violation for Fill Placement on the property adjacent to that of Respondents Terry and Bethany Lieberman, at.44 Country Club Drive in South Burlington. We intend that this appeal will be consolidated with Docket No. 100-5-08 Vtec, so a check for $100.00 is enclosed for a filing fee. Sincerely, avid W. Rugh, Esq. Enclosure cc: Mark Sperry, Esq. John H. Klesch, Esq. SACHMI Matters\80286\Letters\dwrfletch«4.doc BURAK,ANDERSON OL MELLONIPLc COUNSELLORS AT LAW CATEW" SQUARE 30 MMN STREET POST OFFICE BOX 787 BURUNMN, VERMONT 05402-0787 802 862-0500 STATE OF VERMONT ENVIRONMENTAL COURT -------------------------------X APPEAL OF LIEBERMAN NOTICE OF VIOLATION FOR FILL Docket No. PLACEMENT -------------------------- - - - - - X NOTICE OF APPEAL NOW COMES Respondents Terry and Bethany Lieberman (the "Liebermans"), by and through their attorneys, Burak Anderson & Melloni, PLC, and hereby appeals to the Environmental Court a July 7, 2008 decision of the City of South Burlington Development Review Board in Notice of Violation #NV-08-09, upholding a Notice of Violation for fill placement on a piece of land adjacent to the Liebermans' property at 44 Country Club Drive in South Burlington. The Liebermans are unable to apply for the placement of fill on the adjacent property because the property's owners, John and Joyce Belter refuse to sign a permit application for such fill placement. A copy of said decision is attached hereto. This appeal is also related to an existing Environmental Court appeal, entitled Lieberman PUD Preliminary Plat, Docket No. 100-5-08 Vtec. The Liebermans will request that this appeal - be consolidated with the existing appeal of the Leibermans' preliminary plat application. The property subject to this appeal is property owned by John and Joyce Belter adjacent to 44 Country Club Drive in South Burlington, Vermont. Appellant -Applicants claims party status pursuant to 24 V.S.A. § 4471, and their address is 44 Country Club Drive, So. Burlington, Vermont 05403. TO ALL INTERESTED PERSONS: In order to participate in this appeal, you must enter an appearance in the Vermont Environmental Court within twenty (20) days of receiving this Notice of Appeal. Notices of Appearance should be mailed to Jacalyn M. Fletcher, Court Manager, 2418 Airport Rd., Barre, VT 05641-8701. Dated: July 11, 2008 BURAK ANDERSON & MELLONI, PLC Burlington, Vermont. By. , %e�:Anderson, Esq. David W. Rugh, Esq. SAClient Mattm%80286U egallnoticc of appeal fill NOV.doc BI3It"ERsoN MELLONI PLc COUNSELLORS AT LAW GATEWAY SQUARE 30 MAIVSTREET YOSC OMCE BOX 787 BURLINGTON,VERMONT 05902-0787 802 862-0500 Attorneys for Terry and Bethany Lieberman 2 CITY OF SOUTH 13URLINGTON DEPARTMENT OF PLANNING AND ZONING TERRY & BETHANY LIE13ERMAN 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- #NV a 08-10, 102 Ethan Allen Drive. 09 and The Development Review Board held a public hearing on Tuesday, June 3, 2008. Rugh, Esq., represented the appellants. David Based on testimony provided at the above mentioned public hearing and the plans supporting materials' contained in the document file for this application, the Development Review Board finds, concludes, and decides the foil FINDINGS OF FACT 1, On April 23, 2008, the Administrative Officer Receipt, Notices of Violation dated April 16, 2008, to TerCertified &f B hany Lieberman for a zoning violation at 102 Ethan Allen Drive (#NV-08- EXHI09 & #NV-08-10 BITS 1&2). 2. The Notices of Violation described the violation as: "Altered the existinggrade [the] above referenced property in the vicinity of 44 Country Club Drive 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 j Development Review Board and a zonin I g Permit". 3. A Notice of Appeal (#AO-08-08) was filed on 5/1/08 by Terry & Bethany j Lieberman (EXHIBIT 3), hereinafter referred to as A Administrative Officer's determination in Notices of Violation appealing & # e 08-10. NV- 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 Lieberman.5 placed approximately 200 cubic yards Of fill, gravel, sand, loam, topsoil, or other similar material on the Betters' property. CONCLUSIONS OF LAW �. 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 similarmaterial 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 of . more than 20. cubic yards of fill, gravel, sand, loam, topsoil, or other similart material on Appellants 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). DEC-- ISSN motion by � �F f'1/1 secon�c ed. by uphold the decisions of the Admi istrati*/�vepfficeran Notices of Violation '# 0/ 0 #NV-08-10 to Terry & Bethany Lieberman. 09 and ,Mark Behre nay/abs in/not present Matthew Birmingh — ea nay/abstain/not present John Dinklage — e nay abstain/not present Roger Farley — ea ay/abstaln/notl resent Eric Knudsen — yea/nay/abstain not resen Peter Plumeau — yea/nay/abstai of presen i Gayle Quimby.— ea ay/abstain/not present Motion carried by a vote of 3 - C� _ 62 J 0 OG3 Signed this John Din,klage, Chair Please note: You have the right to appeal thiss decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, with`ift 3Q Mays of thh Y - to this decision is rssued. The fee is $225.00, If you faif, to appeal this decision, your right to You will be bound by the decisiore��rsa�ne�rr�i�xiti�r,�ay-'rse�iizisi�pecause you Waited too Ian , n, Pursuant -to 24 VSA 4472 (d) (exclusivityof r g emedY; finality). f ai t STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE WWW.FIRMSPF.COM ROBERT E. FLETCHER E-MAIL(FIRM2555(&,FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S E-MAIL (JKLESCH@FIRMSPF.COM) AMANDA S. E. LAFFERTY WRITER'S FAX (802) 660-9119 WILLIAM E. FLENDER July 22, 2008 Jacalyn M. Fletcher, Court Manager Vermont Environmental Court 2418 Airport Road Barre, VT 05641-8701 OF COUNSEL JOHN IL KLESCH DINA L. ATWOOD Re: Appeal of Lieberman Notice of Violation for Fill Placement Docket No.: Dear Jacalyn: Enclosed for filing with the Court is our Entry of Appearance in connection with the above -referenced matter. rely, Jotin IH. Klesch JHK/ j g Enclosure cc: Hobart F. Popick, Esq. David Rugh, Esq. Raymond Belair, Administrative Officer son08-087.cor STATE OF VERMONT ENVIRONMENTAL COURT IN RE: APPEAL OF LIEBERMAN NOTICE ) OF VIOLATION FOR FILL PLACEMENT ) DOCKET NO.: ENTRY OF APPEARANCE NOW COMES JOHN H. KLESCH, of the firm of Stitzel, Page & Fletcher, P.C., and hereby enters his appearance in the above - referenced matter by and on behalf of the City of South Burlington. DATED at Burlington, in the County of Chittenden and State of Vermont, this 22nc1 day of July, 2008. son08-036.1it STITZEL, PAGE & FLETCHER, P.C. A'I'TORNEYS ,Vr LAW 171 BATTERY STREF,T PO. BOX 1507 BL'RLINGTON, VERMONT 05402-1507 STITZEL, PAGE & FLETCHER, P.C. Johh . Klesch i 177 ttery Street, PO Box 1507 Bus ngton, VT 05402 (8 2) 660-2555 r ®1 ,% WE :a., �11 southburlington CY PLANNING & ZONING July 21, 2008 John Klesch, Esq. Stitzel Page & Fletcher PO Box 1507 Burlington, VT 05402-1507 Re: DRB Appeals — Wesco, Inc. — 1118 Williston Road John & Joyce Belter — 102 Ethan Allen Drive Kathleen Kelleher — 911 Dorset Street #35 Dear John: Enclosed, please find copies of Notices of Appeal for the above referenced appellants. Please enter an appearance on behalf of the City for each appeal. Thanks. ZSin�cerJ. Bel r Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com MIDDLEBURY LANGROCK SPERRY & WOOL, LLP BURLINGTON Peter F. Langrock Ellen Mercer Fallon William B. Miller, Jr. James W. Swift Emily J. Joselson Mitchell L. Pearl Kevin E. Brown Frank H. Langrock Beth Robinson F. Rendol Barlow Devin McLaughlin Wanda Otero -Ziegler Erin E. Ruble July 17, 2008 ATTORNEYS AT LAW A Limited Liability Partnership Including a Professional Corporation Jacalyn M. Fletcher, Court Manager Vermont Environmental Court 2418 Airport Road Barre, VT 05641-8701 Re: Appeal of John Belter of Notice of Violation for Fill Placement; and Appeal of Joyce Belter of Notice of Violation for Fill Placement Dear Jackie: Enclosed for filing please find the following: 1. Notice of Appeal of John Belter; 2. A check in the amount of $250 to cover the filing fee; 3. Notice of Appeal of Joyce Belter; and 4. A check in the amount of $250 to cover the filing fee. Michael W. Wool Mark L. Sperry Christopher L. Davis Thomas Z. Carlson Susan M. Murray Alison J. Bell Lisa B. Shelkrot Eric M. Knudsen David W. M. Conard Thomas J. Sherrer Sarah Gentry Tischler Erin Miller Heins Hobart F. Popick REPLY TO: Burlington Office In light of the fact that Mr. and Mrs. Belter own the property in question jointly, I would request that you give consideration to refunding one of the $250 checks, as this should be treated as one appeal. Very truly ours Hobart F. Popick HFP:mns Enclosures c: David Rugh, Esq. South Burlington DRB c/o Ray Belair 466085.1 MIDDLEBURY: 111 S. Pleasant Street • P.O. Drawer 351 • Middlebury, Vermont 05753-0351 (802) 388.6356 • Fax (802) 388-6149 • Email: attorneys @langrock.com • Website: www.langrock.com BURLINGTON: 210 College Street • P.O. Box 721 • Burlington, Vermont 05402.0721 (802) 864-0217 • Fax (802) 864-0137 • Email: attorneys @langrock.com • Website: www.langrock.com IN RE: Appeal John Belter of Notice of Violation Environmental Court for Fill Placement. Docket No. NOTICE OF APPEAL NOW COMES Respondent John Belter, by his attorneys, Langrock Sperry & Wool, LLP, and, pursuant to 24 V.S.A. § 4471, hereby appeals to the Environmental Court the July 7, 2008 decision of the City of South Burlington Development Review Board in Notice of Violation #NV-08-061 (the "July 7 Decision"), upholding a Notice of Violation for fill placement on property owned by John and Joyce Belter at 102 Ethan Allen Drive, South Burlington, Vermont. (Copy of July 7 Decision attached hereto.) John Belter's residence and mailing address is: 2 Country Club Drive, South Burlington, Vermont 05403.2 This appeal is related to the Appeal of Joyce Belter of Notice of Violation for Fill Placement, filed herewith, which arises out of identical facts and circumstances concerning the placement of fill on the 102 Ethan Allen Drive property and the adjacent 44 Country Club Drive property, owned by Terry and Bethany Lieberman. Accordingly, Appellant requests that the instant appeal be consolidated with the Appeal of Joyce Belter, and that the additional filing fee therefor be waived. TO ALL INTERESTED PERSONS: In order to participate in this appeal, you must enter an appearance in the Vermont Environmental Court within twenty (20) days of receiving 1 The first paragraph of the July 7 Decision refers to NV-08-06; however, the upper -right corner of the original Notice of Violation is marked "NV-08-07." '.ANGROCK SPt?RRY & we""_ r,r.Y 2 The property in issue, referred to in the July 7 Decision as 102 Ethan Allen Drive, is adjacent to the Belters' 2 Country Club Drive property, and is likewise adjacent to property owned by Terry & Bethany Lieberman, known and designated as 44 Country Club Drive. this Notice of Appeal. Notices of Appearance should be mailed to: Jacalyn Fletcher, Court Manager, Vermont Environmental Court, 2418 Airport Road, Barre, VT, 05641-8701. 466034.0 '-ANGROCK. SPLIII,,Y & WOOL Iff P DATED at Burlington, Vermont this 17th day of July, 2007. LANGROCK SPERRY & WOOL, L P Mark L. Sperry Hobart F. Popick 210 College Street — P.O. Box 721 Burlington, VT 05402 (802) 864-0217 Attorneys for John and Joyce Belter. 2 #AO-08-06 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOHN BELTER - 102 ETHAN ALLEN DRIVE APPEAL #AO-08-06 FINDINGS OF FACT AND DECISION John Belter, hereinafter referred to as the appellant, appeals the decisions of the Administrative Officer in Notice of Violation #NV-08-06, 102 Ethan Allen Drive. The Development Review Board held a public hearing on Tuesday, June 3, 2008. Mark Sperry, Esq. represented the appellant. 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, a Notice of Violation dated April 16, 2008, to John Belter for a zoning violation at 102 Ethan Allen Drive (#NV-08-06 — EXHIBIT 1). 2. The Notice of Violation described the violation as: "Altered the existing grade of your 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-08-06) was filed on 4/29/08 by John Belter (EXHIBIT 2), hereinafter referred to as "Appellant", appealing the Administrative Officer's determination in Notice of Violation #NV-08-06. 4. A public notice on the appeal was published in Seven Days on May 14, 2008 (EXHIBIT 3). 5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's 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 4). 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. -1 - #AO-08-06 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 "[tjhe 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 without a zoning permit, the Beard concludes that Appellant is 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 Appellant is in violation of the Land Development Regulations and 24 V.S.A. section, 4449(a)(1). DECISION Motion by seconded by/#I Y6W i✓%Ci�t 1N6�/U/ to uphold Belter, 102 Ethan Allen Drive. the decisions o the Administrat e Officer in Notice of Violation #NV-08-07 to John Mark Behr —"nay/abs in/not present Matthew Birmingham — knay/abstain/not present John Dinklage — bstain/not present Roger Farley — e �ay7a y/abstain/not r ent Eric Knudsen — yea/nay/abstain of resen Peter Plumeau — /nay/abstain of present Gayle Quimby ye ay/abstain/not present Motion carried by a vote of -2- #AO-08-06 Signed this 8, by 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). -3- IN RE: Appeal Joyce Belter of Notice of Environmental Court Violation for Fill Placement. Docket No. NOTICE OF APPEAL NOW COMES Respondent Joyce Belter, by her attorneys, Langrock Sperry & Wool, LLP, and, pursuant to 24 V.S.A. § 4471, hereby appeals to the Environmental Court the July 7, 2008 decision of the City of South Burlington Development Review Board in Notice of Violation #NV-08-08 (the "July 7 Decision"), upholding a Notice of Violation for fill placement on property owned by John and Joyce Belter at 102 Ethan Allen Drive, South Burlington, Vermont. (Copy of July 7 Decision attached hereto.) Joyce Belter's residence and mailing address is: 2 Country Club Drive, South Burlington, Vermont 05403.1 This appeal is related to the Appeal ofJohn Belter of Notice of Violation for Fill Placement, filed herewith, which arises out of identical facts and circumstances concerning the placement of fill on the 102 Ethan Allen Drive property and the adjacent 44 Country Club Drive property, owned by Terry and Bethany Lieberman. Accordingly, Appellant requests that the instant appeal be consolidated with the Appeal of John Belter, and that the additional filing fee therefor be waived. TO ALL INTERESTED PERSONS: In order to participate in this appeal, you must enter an appearance in the Vermont Environmental Court within twenty (20) days of receiving this Notice of Appeal. Notices of Appearance should be mailed to: Jacalyn Fletcher, Court Manager, Vermont Environmental Court, 2418 Airport Road, Barre, VT, 05641-8701. DATED at Burlington, Vermont this 17th day of July, 2007. RNGROCK SP1'.R1tY & W(Iov L.LP LANGROCK SPERRY & WOOL LLP LANGROCK SPERRY & WOOL, LLP All Mark L. Sperry Hobart F. Popick 210 College Street — P.O. Box 721 Burlington, VT 05402 (802) 864-0217 Attorneys for John and Joyce Belter. 466027M 1 The property in issue, referred to in the July 7 Decision as 102 Ethan Allen Drive, is adjacent to the Belters' 2 Country Club Drive property, and is likewise adjacent to property owned by Terry & Bethany Lieberman, known and designated as 44 Country Club Drive. 2 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING JOYCE BELTER - 102 ETHAN ALLEN DRIVE APPEAL #AO-08-07 FINDINGS OF FACT AND DECISION Joyce Belter, hereinafter referred to as the appellant, appeals the decisions of the Administrative Officer in Notice of Violation #NV-08-08, 102 Ethan Allen Drive. The Development Review Board he!d a public hearing on Tuesday, June 3, 2008. Mark Sperry, Esq. represented the appellant. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this annii(-of r, +k- -,_ Review Board finds, concludes, and decides the following: rr.. ,,�, "c `jCVelOpment FINDINGS OF FACT 1. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return Receipt, a Notice of Violation dated April 16, 2008, to Joyce Belter for a zoning violation at 102 Ethan Allen Drive (#NV-08-07 - EXHIBIT 1). 2. The Notice of Violation described the violation as: "Altered the existing grade of your 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-08-07) was filed on 4/29/08 by Joyce Belter (EXHIBIT 2), hereinafter referred to as "Appellant", appealing the Administrative Officer's determination in Notice of Violation #NV-08-08. 4. A public notice on the appeal was published in Seven Days on May 14, 2008 (EXHIBIT 3). 5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's 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 4). 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 "[tjhe 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 without a zoning permit, the Board concludes that the Appellant is 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 Appellant is in violation of the Land Development Regulations and 24 V.S.A. section 4449(a)(1). 9of DEC-- CISION thetdecbY « �� seconded by�� 111�19 %LNG to uphold p decisione Administrativ Officer to issue Notice of Violation #NV-08-08, 102 Ethan Allen Drive. Mark Behr - ye /nay/ab in/not present Matthew Birmingh — eWnay/abstain/not present John Dinklage /nay/abstain/not present Roger Farley — e nay/abstain/not resent Eric Knudsen — yea/nay/abstain not re Peter Plumeau — /nay/abstain not rese Gayle Quimby — 0eaay/abstain/not present Motion carried by a vote of Signed this -7- day of 2008, by John Dinklage )Chair 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). southbu!yngton July 8, 2008 David Rugh, Esq. Burak Anderson & Melloni PO Box 787 Burlington, VT 05402-0787 Re: Appeal #AO-08-06 & Appeal #AO-08-07 - Belter Dear Mr. Rugh: 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, 130N�w,L Betsy McDonough Brown Planning & Zoning Assistant 574cr Street S m u IN 1tv rl i n I gv-'N' Vr 50" 3 t t ii Ian: 861 04 .4'�'It r southburlington PLANNING & ZONING July 8, 2008 Mark Sperry, Esq. Langrock Sperry & Wool PO Box 721 Burlington, VT 05402-0721 Re: Appeal #AO-08-06 & Appeal #AO-08-07 Dear Mr. Sperry: ) 1�e1k'r -� U Enclosed, please find the Findings of Fact and Decisions regarding the above referenced appeals. Should you have any questions, please contact our office. Sincerely, Betsy Donough Brown Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7008 0150 0003 6150 5782 " 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com southb i aritington P L A N 'N U i —&j a # i ft, in July 8, 2008 Mark Sperry, Esq. Langrock Sperry & Wool PO Box 721 Burlington, VT 05402-0721 Re: Appeal #AO-08-08 Lieberman Dear Mr. Sperry: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, Betsy Mc onough Brown Planning & Zoning Assistant 7's Dai4et' Straot 05403 lei fax 042.0415A4AAi wvawzbuO—Com June 23, 2008 Mark Sperry, Esq. Langrock Sperry & Wool P.O. Box 721 Burlington, VT 05402-0721 Re: Minutes — 102 Ethan Allen Drive Dear Mr. Sperry: For your records, enclosed is a copy of the approved June 3 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 11 a sit S sr 0 e I Saual surlim qton, VT 05409 tad tax 802 fl"001 b c 0 M June 23, 2008 David Rugh, Esq. Burak Anderson & Melloni PO Box 787 Burlington, VT 05402-0787 Re: Minutes — 102 Ethan Allen Drive Dear Mr. Rugh: For your records, enclosed is a copy of the approved June 3, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 6 ? 5 Gray 's s, 1, S, f, r v o t 5,;"Du 0Rus I z�l g '- Gil, V7 10 �40-3 I&I U12,14SAA6 lax UIUA'44,410! ,Fa-Yo ,,s , t, b ij T � , c v T, DEVELOPMENT REVIEW BOARD 3 JUNE 2008 13. Appeal #AO-08-06 of John Belter, appealing decision of the Administrative Officer to issue Notice of Violation #NV-08-07 for alteration of existing grade without a zoning permit, 102 Ethan Allen Drive: and 14. Appeal #AO-08-07 of Joyce Belter, appealing decision of the Administrative Officer to issue Notice of Violation #NV-08-08 for alteration of existing grade without a zoning permit, 102 Ethan Allen Drive: Mr. Sperry, representing the Betters, said the next door neighbors placed more than 20 cubic yards of fill on the Better property without their knowledge or permission. The Betters have sued the Liebermans for this asking them to pay to have the Betters remove the fill. The Betters feel there should be an engineering study so they don't damage the Lieberman house. Mr. Sperry also noted that there is a city easement for a stormwater pipe and that fill was placed over that. The Betters don't want to damage that and want enough fill left to protect the pipe. Mr. Sperry felt the Betters should not be served with a Notice of Violation because of something they didn't do or approve. Mr. Belair said he placed the Betters in violation because their grade has been altered without DRB approval and without a zoning permit. He recognized that they didn't place the fill there, but it is on their land. Mr. Anderson, representing the Liebermans, said the city's pipe is not in the area of the fill. He noted that in order to remove the fill, there has to be a permit because the fill on the Better property supports fill on the Lieberman property. He said the Betters refuse to get any permit. Mr. Anderson said he felt Mr. Belair was right in issuing a violation against the Betters. Mr. Anderson agreed the situation is very complex and is further complicated by the fact that the Liebermans have brought action against the builder of their house for putting it in the wrong place. Members agreed to close the hearing and hold a deliberative session with input from the City Attorney. M DEVELOPMENT REVIEW BOARD 3 JUNE 2008 Ms. Quimby moved to close the hearing. Mr. Farley seconded. Motion passed unanimously. 15. Appeal #AO-08-08 of Terry & Bethany Lieberman, appealing decision of the Administrative Officer to issue Notices of Violation #NV-08-09 and NV-08-10 for alteration of existing grade without a zoning permit, 102 Ethan Alle Drive: Mr. Anderson said the Lieberman's house was built in the wrong place, so it results in setback encroachments. The Liebermans placed the fill where they thought it was legal. Mr. Dinklage said that if they were just filling to the property line, there shouldn't have been so many feet of fill. Mr. Rugh said the house was built far to the north from where it is shown on the plan. Mr. Anderson said they have been trying to find a solution. He noted there are 3 more zoning issues and several lawsuits involved, and they are pursuing all options. Mr. Belair said he issued the notices of violation for putting fill on the Belter property. Mr. Sperry said they need an engineering opinion of what the bank would look like if the fill is removed. Members agreed to close the hearing and deliberate with City Attorney input. Ms. Quimby moved to close the public hearing. Mr. Farley seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting was adjourned at 9:00 P.M. Aa 0 2 Clerk Date 7- I PLANNING & ZONING MEMORANDUM To: Development Review Board From: Raymond J. Belair, Administrative Officer Date: May 29, 2008 Re: Agenda Item # 15, Appeal #AO-08-08 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 your 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/l/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). The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's 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. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 6. 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). 7. 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. 8. 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 (emphasis added). 9. 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. EXHIBIT >9 southburhnaon PLANNING & ZONING April 23, 2008 Terry Lieberman c/o David Rugh, Esq. Burak Anderson & Melloni PO Box 787 Burlington, VT 05402-0787 Re: Zoning Violation — 102 Ethan Allen Drive Dear Mr. Rugh: Please be advised that based on information available to the City, you have commenced land development on property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above - described property. Altered the existing grade of the above referenced property in the vicinity of 44 Country Club Drive by placing 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. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Either obtain all necessary approvals and permits for the grade alteration or remove all fill material and return the site to it's original grade. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. g elair Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Return Receipt # 7008 0150 0003 6150 5560 r ►� ~ ' EXHIBIT southburlington PLANNING & ZONING April 23, 2008 Bethany Lieberman c/o David Rugh, Esq. Burak Anderson & Melloni PO Box 787 Burlington, VT 05402-0787 Re: Zoning Violation — 102 Ethan Allen Drive Dear Mr. Rugh: Please be advised that based on information available to the City, you have commenced land development on property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above - described property. Altered the existing grade of the above. referenced property in the vicinity of 44 Country Club Drive by placing 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. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Either obtain all necessary approvals and permits for the grade alteration or remove all fill material and return the site to it's original grade. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. In Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Return Receipt # 7008 0150 0003 6150 5997 EXHIBIT CITY OF SO UTH' BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Application #AO NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of our application and delay in the review of the appeal before the Development Review Board. understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear ppear a minimum of fifteen (15) days prior to the hearing on my appeal. • 1 agree to pay a fee of $111 Jo offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): ' Terry and Bet-hnni, Lieberman, c/o David W. Rugh, Esq., Burak Anderson & Melloni, PLC, P.O. Box 787, Burlington, VT 05402-0787 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: Property northerly of 44 Country Club'Drive, at what is known as 102 Ethan Allen Drive 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Zoning Violation letter, dated April 23, 2008 - 1 - 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Zoning Regulations section 3.12 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Grant a permit to leave fill or to remove 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? The Zoning Regulations require it. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). Janine Kirchgassner, 45 Country Club Drive John and Joyce Belter, 2 Country Club Drive Neil and Patricia Zoller, 46 Country Club Drive I hereby certify that all the information requested as part of this notice of appeal has been submitted and is curate to th st of my knowledge. SIGNATURE OF APPELLANT DATE -2- Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete--' incomplete J uuecior or running & Zoning or Designee Date -3- EXHIBIT �naa_ SVILCOM [clic (Dpen 24/7/365. Post& browse ads at your ;convenier;ice 2lication and proposed (?riot to convening a hearing, District #,4 Coordinator PUBLIC HEARING 3. Appeal #AO-08-07 of Joyce. may also be viewed on the the District Commission must . 11-1 West Street SOUTH BURLINGTON DEVELOP getter, appealing decision of the Resources Board's web determine that substantive is= Essex Junction, VT 05452 . MENT REVIEW BOARD Administrative Officer.to issue Nw.n.rb.state.vt.us/lup) by sues requiring a hearing have T/ 802-879.5658 Notice Administrative Violation er.t#NVo issue for I on "Act 250 Database," been raised. Findings .of Fact and ./ peter.keibel@state.vf.us 'The South Burlington Dev'elopmerii alteration of existing grade with- ig "Entire Database," and Conclusions of Law will not be Review Board will hold a public out a zoning permit, 102 Ethan g,.the "case number above. prepared unless the:Commission " Review Paring t the will hh.Burlpublic . Allen Drive. re will ,held unless; on holds a" public hearing. CHARLOTTE PLANNING - City Hall Conference Room, 575 re May 27; 2008 a party COMMISSION ` Dorset Street,: South Burlington, 4.'Appeal #AO -OS 08 of,Terry & the District Commission` Should a hearing behold on this NOTICE -,OF PUBLIC HEARING .: Vermont on Tuesday, June 3,, Bethany Lieberman, appealing de sue or issues: requiring project and you have a disability : 2008'at 7:30 P.M. to consider the, cision of the Administrative Off'ict ;entation of'evidenco at for which you are going to need Pursuant to Title 24 Chapter 117 following: to issue Notices of Violation # NV 1g or the commission sets accommodation, please notify us. V.S.A. 'and the_Chartotte Land 08-0g & N tires 0 for alteration ter for hearing on .its .: by May 27, 2008, Use, Regulation$,"the Charlotte 1. Condiiionalwse application of existing grade without a zonin ition."Any hearing ,request Planning.Commission will meet #CU 08 03 of South Burlington in writing to the address Parties• entitled to participate :are on Thursday June 5,.200.8at the . School District see9 permit, 102 Ethan.Allen Drive:. king. permission ;halGstate.the, criteria or � the Municipality, -the Municipal'. Town.Hill. to: hear the following. to install four (4) 80 foot high. • :• John Dinklage, Chairman tria'at issue' why a hearing Planning Commission,. the Re- application: , . pole lights,.550. Dorset Street. South Burlington :Development red and what additional gionaCPlanning Commission, Review Board e will be 'presented at adjoining property owners, 'other' 8:30 P.M.Final PLat.Hearing of 2.. Appeal. #AO-08-06 of John ring. Any hearing request interested persons granted party Clark Hinsdale III and Meg Berlin Belter, appealing decision of the Copies of -the applications are djoining property owner . status, pursuant to 10 V.S.A. § for a subdivision modification to Administrative Officer to issue available for, public inspection at interested. person must. 6085.(c). Non-party participants change. boundary lines'of adjacent . Notice of Violation#NV 08,07 for the South BurlingtonCity Hall: . a petition forparty,status. .. may also be allowed under 10 properties at 1251 Greenbush alteration of existing grade with - .submitting a :request for. V.S.A. §:6085(c)(5). Road out a zoning permit, 302 Ethan May 14, 2008 ig, please contact the.dis- Allen Drive. )rdinator at the telephone Dated in Essex Junction Vermont, Applicatibn maferiat can be STATE OF VERMONT Non. {fisted below forbore . this 2nd day of May 2008. viewed at the Planning and Zoning " :DISTRICT OF CHITTENDEN Office. Participation in the hearing PROBATE COURT /s/ Peter E:.keibel is a, prerequisite to the right to Peter E. Keibel .DOCKET N0. 32397. appeaCany decision related to. . Natural Resources Board these applications." IN RE THE FSTATE.OF Geraldine M. LaPlant LATE OF SO.. BURLINGTON, VT. l COMPREHENS.IVEOEVELOPME NT ORDINANCE - NOTICE T°CREDITORS To the creditors of the estate of Itlstlt. onal ZO.ning #ZA-08-01 - Geraldine M. LaPlant late of Soutl Burlington. That the Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and hereby is amended by arilending Sections 4,4.4, 4.5.2 and:Appendix B asset forth in the document attached hereto. I have been appointed as person representative .of.the above.name estate. All creditors having claim: ZONING AMEND.MENT• against the estate must present Burlington Comprehensive be Ordinance. ZA-08-01 re: Institutioncfl Zoning Districts their claims in writing .within fou ;ec. 4.4.4 Institutional District months of the first publication . of this notice. The claim must be a ebl 4 .4.4-1 Dimensional"Standards and Density,• listricts Max Intensity Max Lot Coverage' Building Se#backs' (feet) Max Front?.. Side2., Rears Height'," 1Stltutlonal; 20du/dc,. 40%. Minimum: IN oflotwidth.25%oflotdepth. 35' (24 du/acre with . (48% with 154eet . Miw-S-feet Min: zO feet . .inclusionary req) nc ilusonary req.) i- Max: 20 feet a -Max.Max75-feet . I —Measurement of and exceptions to coverage; setback and height standards are found in Art S. ! The calculation of the front yard 'ss. etback shall be a percentage of lot width and depth or as defined:and described in Art S. - Maximum allowable lot coverage, setbacks and buildfng'heightin portions of this district may be modified by the provisions of the lnstitutionaLCoreiampus Overlays in Sec:,4.6.2 presented to me at the address listed below with a copy filed wit the register of the Probate Court. The claim wilt be forever,barred if it is not presented as describec 'within the four - month deadline. Dated.: May.I., 2008 Signed: Robert J. Perry Address:. PO Box 238 . Burlington, VT 05402 802-658-2675 Name of Publications ' Seven Days .First Publication Date: 5/1/08 C 4 5 2 institutional Core Campus OV2rldy DlstrlCtS Second Publication Date: 5/14/0 Distort Speufiic Regulations: Fletcher Aflen Health Care Campus (ICC-FANG) and UVMMain fampus(ICC-UVM); Budding Height Address of Probate Court: ling hiighis6llbejiieiisured under the provisions of Art. 5 exceptthat.the-Measurement'nterval method specified in Sec 5.2.5(a)(3)shall not a I.Exce tforornamentaland Probate Court, District of.Chit- solic archite''d4Q features, additions and new construction may be built to a height that -does not exceed the lesser of. . PP y P tenden A Theadual heightofthe tallest existing structure as of January t, 2007 and located within the respective institutions core rani us PO Box 511 lay district or, P Burlington, VT 05402 - B. The elevation ofa. plane running parallel to sealevel from a point defined by the roof of the tallest structute at the highest elevation wtheparcel as depictedas of January 1, 2000. Density N3� s2ss E JOHN H. & JOYCE N. BEL TER, JR. 6, 00, \\ 311 z \\ Q I24rRE$ 51.4' 230. LOT 48A i C DAR \ \\ MLLIAM & MELINDA COOPER \---3s 1 DECK -- \�-240 # 42 20 I \ LOT 48 DECK o EXIS77NG HOUSE pal SETBACK AVC. ROOF HT.= 274' I LINES AVG.GRD.= 247' 1G kQ DIFT. -27' \W \ o_ APPLE l0" TREES O STEPS wrH Z GIs' OVERHANG \2 S5439'W s LEGEND IRON PIPE —ROD FOUND 1" IRON PIPE TO BE SET GAS LINE AS MARKED IN FIELD POWER LINE AS MARKED IN FIELD SEWER LINE WATER VA VE EXHIBIT LOT 47 NEIL & PATRICIA LOLLER VOL. 432 PG.431 1 4 122. 75 - w \ \ ID COUNTRY CLUB DRIVE s s s s s s s— SO 60 FT. RIGHT OF WAY 0 o REFER TO SURVEY PLAT ENTITLED BOUNDARY LINE ADJUSTMENT FOR JANE EVANS HARROCK" PREPARED BY VERMONT LAND SURVEYORS, INC. DATED 4121104 & 4126104 AND RECORDED ON SLIDE #436. SCALE : 1 INCH = 20 FEET 0 20 40 60 80 100 TOPOGRAPHIC SURVEY FOR TERRY & BETHANY LIEBERMAN 44 COUNTRY CLUB DRIVE SO. BURLINGTON, VERMONT VERMONT LAND SURVEYORS, INC. 4050 WILLISTON ROAD, SUITE 112 SOUTH BURLINGTON, VERMONT.. 05403-6063 (802) 862-5661 DATE AUG. 16, 2007, MARCH 14, 2008 SURVEYED M. W. & B.H. DRAWN MARK V. WARD PROJECT 2717A �CHIBIT ARTICLE GENERAL PROVISIONS 65 total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.12 Alteration of Existing Grade A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 13.16, Earth Products.) B. Standards and Conditions for Approval (i) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). and Section 3.07, Height of Structures of these regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. 3.13 General Performance and Maintenance Standards A. Purpose of Performance Standards Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. South Burlington Land Development Regulations Effective February 6, 2007 ARTICLE 17 ADMINISTRATION and ENFORCEMENT 17 ADMINISTRATION and ENFORCEMENT 17.01 General Provisions 17.02 Zoning Permits 17.03 Certificates of Occupancy 17.04 Expiration of Permits and Approvals 17.05 Revocation of Permits and Approvals 17.o6 Fees 17.07 Planning Commission 17.o8 Development Review Board 17.og Design Review Committee 17.10 Amendments to Regulations and Maps 17.11 Violations 17.12 Penalties 17.13 Appeals 17.oi General Provisions A. Applicability of Vermont Planning and Development Act 234 EXHIBIT Administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the appointment and powers of the Development Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. [reserved] 17.02 Zoning Permits A. Zoning Permit Required. No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and development Act. 17.03 Certificates of Occupancy A. Certificate of Occupancy Required It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer. South Burlington Land Development Regulations Effective February 6, 2007 soutk PLANNING & ZONING MEMORANDUM To: Development Review Board From: Raymond J. Belair, Administrative Officer br Date: May 29, 2008 Re: Agenda Item # 14, Appeal #AO-08-07 I. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return Receipt, a Notice of Violation dated April 16, 2008, to Joyce Belter for a zoning violation at 102 Ethan Allen Drive (#NV-08-08 — EXHIBIT 1). 2. The Notice of Violation described the violation as: "Altered the existing grade of your 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-08-07) was filed on 4/29/08 by Joyce Belter (EXHIBIT 2), hereinafter referred to as "Appellant", appealing the Administrative Officer's determination in Notice of Violation #NV-08-08. 4. A public notice on the appeal was published in Seven Days on May 14, 2008 (EXHIBIT 3). 5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's 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 4). 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. 6. 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 5). 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburi.com 7. 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. 8. 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 6). 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 (emphasis added). 9. 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. EXHIBIT April 16, 2008 Joyce Belter 2 Country Club Drive South Burlington, VT 05403 Re: Zoning Violations — 102 Ethan Allen Drive Dear Mrs. Belter: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. Altered the existing grade of your 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. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Either obtain all necessary approvals and permits for the grade alteration or remove all fill material and return the site to it's original grade. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violat in this letter. ion continues beyond the seven (7) day period provided If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of before the City pursueViolation from the City s further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Encl. CC: Amanda S. E. Lafferty, Esq. Mark Sperry, Esq. Certified Mail Return Receipt # 7008 0150 0003 6150 5553 04/24/08 16.26 FAX 802 864 013' � Langrock,Sperry&JVuo1 Bur EXHIBIT Application #AO - - NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. I understand-- * the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); that the Development Review Board holds regular meetings twice a month; that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. I agree to pay a fee of $110 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S)= Joyce Belter, 2 Country Club Dr., South Burlington 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: Country Club Drive, northeasterly of Lieberman property 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Notice of Violation dated April 16, 2008 -1- U 003 16: 26 FAX 802 864 0137 � Langrock, Sperry&1Vool Bur 1jfl i. 04 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Section 312(A), Section 17.02, 24 V.S.A. 4449(a)(1), 24 V.S.A. 4451(a) 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? RavarSe cif Zoning .Administra.tor as to violation. 8) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? Landowner did not place fill on property. Fill placed there by Liebermans without landOwneTgv consent or knowledge. This sloes not constitute a violation. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). Terry and Bethany Lieberman. 21 Johnson Circle North Andover MA 01845 I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. SIONATURE-OF APPELLANT Joyce Baiter DATE -2- Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Director of Planning & Zoning or Designee Date -3- EXHIBIT naaysvc.com [clic os open 24/7/365. Post & browse a 6 $.. ads at your ;convenience. �lication and proposed .. Prior to convening a",hearing, : District #,4 Coordinator. PUBLIC HEARING may also be viewed on the the District Commission must . 111 West Street 3• Appeat #AO-08-07 of Joyce. Resources Board's web determine that substantive is= Essex Junction, VT 05452 . SOUTH BURLINGTON DEVELOP- Better, appealing decision of the ww.nrb.state-vt.us lu b sues re urrin a hearin have T/ 802-879-5658 MENT REVIEW BOARD Administrative Officer.to issue / ,P) y i g g Notice of Violation #NV-08-08 for i on "Act 2 Databasen been raised. Findings .of Fact and E% peter.keibel@state.vt.us 'The South Burlin ton Dev"elo ment" alteration of existing ig."Entire Database,"and Conclusions of Law wit L not be g p g grade with g.the "case number above. prepared unless the:Commission Review Board will hold.a public out a zoning permit, 102 Ethan ing wilt be held unless; on holds a! public hearin . hearing at the South. Allen Drive. re May 27; 2008, a party . g _ CHARLOTTE PLANNING City Hall Conference Room, 575 " COMMISSION Dorset Street,: South Burlington, 4. "Appea( #AO-08-08,of.Terry & the Dtstrict Commission ` Should a hearing be held on this " NOTICE•,OF PUBLIC HEARING :sue or issues: requiring project and you have a disability Vermont on Tuesday, June 31Bethany Lieberman, appealing de' sentation of evidence at for which you are goingao need Pursuantto Title 24 Chapter 117, follow Wan 7:30 P.M. to consider the, cision of the Administrative Office 3g or the commission sets' accommodation, please notify. us.' V.S.A. 'and the_Charlotte Land g to issue'Notices of Violatio0 # NV _ter for"hearing on its by May 27, 2008. 08-04 & NV-08-10 for alteration ition.-Any hearing lequest Use ReguLations,ahe Charlotte 1. CondibonaLuse a lication of existing Planning .Commission will meet PP g grade'without a zonin; in writing tothe address Parties -entitled. to paficipate..are on Thursday June 5,. 2008 at the . School District seeking Burlington permit, 162 Ethan.ALlen Drive:. shall state. the. criteria or the Municipality, the Municipal. Town Hall to hear the following, . to instal( four (4) 80 foot high ��n" John Dinklage, Chairman !ria'at issue' why a. hearing Planning Commission,. the Re- application: , . red and what additional gionat Planning Commission, pole lights,.550,D.orset Street. South Burlington Development e will be presented at adjoining property'owners, other" 8:30 PM.Final Plat Hearing of 2. Appeal, #AO-08-06 of John Review Board ling. Any hearing request interested persons granted party Clark Hinsdale III and Meg Berlin Better, appealing" decision of the Copies of the applications are r inte es property owner . status, pursuant to 10 V.S.A. § for a subdivision modification to Administrative Officer to issue available for public inspection at r interested person must 6083.(c). Non-party participants change .boundarylines'of adjacent . Notice of Violation for the South. Burlington City Hall. a petition. for party.status may also be allowed under 10 properties at 1251 Greenbush alteration of existing grade with- , submitinga;requestfor. V.S.A.§:6085(c}(5). Road ig, please contact the.dis- out a zoning permit, 102 Ethan May 14, 2008 ' Drdinator at the telephone .. Dated in Essex Junction Vermont, -Application material can be Allen Drive.. listed below for more this 2nd day of -May 2008. viewed'at the Planning and Zoning STATE OF VERMONT tion. Office. Participation in the hearing DISTRICT OF CHITTENDEN /s/Peter E:•Keibel is a -prerequisite to the right to PROBATE COURT Peter E: Keibel appeal any decision related to . DOCKET N0. 32397. " NaturaL Resources Board these applications.. " IN RE THE ESTATE OF Geraldine`M. LaPlant LATE OF SO.. BURLINGTON, VT . COMPRE HENSIVE DEVELOPM.ENT:ORDIN "°TI`ET°`R°IT°RS A N CE To the creditors of the estate of instittatignai Zoning #ZA-O$701 Geraldine M. La.Plant late of Soutl That the Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and hereby is Burlington. amended by amending Sections,4,4,4, 4.5 2 and;Appendix B as set forth in the document attached hereto. I have been appointed as person representative.of.the ;above name ZONIN6 AMENDMENT. estate, ALL creditors having claim: Burlington Comprehensive Development Ordinance ZA-0.8-01 re: Institut►ondl Zoning Districts their claims ainst the entate must writing within fou >ec. 4.4.41nstitutional District months of the first publication . of this notice. The claim must be able 4 4.4 =1 Dimensional -Standards and Density , presented to me at the address listrids listed below with, a copy filed wit Max. Intensity Kok- LotCuverage' Building Setbacks' (feet) ' " Max the register of the Probate Court. Front? . Side' . �` ` Rear' Height' The claim. Witt be forever,barred nstitutlona13 . 20 du/dc if it is not presented as describec 40% Minimum: 10%oflotwidth . 25%of lot depth. 35� within the four month deadline. (24 du/acre with (48% with 154eet Min S-feet Min: 20-feei Inclusionary req.) inclusionary req.) Max•'20-feet Dated: MayI, 2008 Max:. Signed: RobertJ. Perry I -Measurement of and exceptions to coverage; setback and height standards are found in Art 5. Address: PO Box 238. -. The calculation of the front yard setback shall be a percentage of lot width and depth or as defined and described in Art S. Burlington, VT 05402 802-658-2675 I -Maximum allowable lot coverage, setbacks and building height in portions of this district may be modified by the provisions of lnstitutional.Core`Campus OveriaystnSec.4.5.2 Name of Publication: ' Seven Days First .Publication Date: 5/7/08 "" G 4 5;2 institutional Core Campus OVerlav Districts Second Publication .Date: 5/14/0; Drstnct specific Regulations: Fletcher Allen Health Care Campus (ICC FAHQ and UVM Main Campus.'(ICC-tJVM), Budding Height Address of Probate Court: ling heightshall bemeasured under the provisions of Art. 5 except thatthe.Measurement interval method specified in Sec 5.2.5(a)(3) shall not apply. Except for ornamental and Probate Court, District of Chit- bolic architeet i4i features, additions and new construction maybe built to a heightthatUoes not exceed the lesser of:. tenden . A The actual height of the tallest existing structure as of January 1, 2007 and located within the respective institutions corecani us PO Box 511 laydistrict;or, p Burlington, VT 05402 - 8. The elevation of a plane running parallel to sea levelfrom a,pointdefined by the roof of the tallest structure at the highest elevation withintheparcel as depicted as of January 1, 2000. Density ' 4 EXHIBIT JOHN H. & JOYCE N. BEL TER, JR. �P 00. \\ Z I've _ cn � z4o, \ \ 124TREE }--Q- 51.4' 230 20.0' Q \\\C DAR LOT 48A WILLIAM & MELINDA COOPER I 1 DECK \ \\ LOT 47 o� I � # 42 °p \ LOT 48 DECK \ 0 \ 14 EXIS77NG HOUSE 20 4 I ` 24'�\0� ' I SETBACK AVG.ROOF HT.= 274' \ R NEIL & PATRICIG. LOLLER I LINES A✓G.GRD.= 247' VOL. 432 PG.431 DIFF. —27' \� o APPLE J lollTREES6 / S7FPS wrH Fs OVERHANG 2 554 :39'W \ ¢ 122.76 ti COUNTRY CLUCK DRIVE -s s s s s s s s a 60 FT. RIGHT OF WAY o � 0 TOPOGRAPHIC SURVEY FOR REFER TO SURVEY PLAT ENTITLED BOUNDARY LINE ADJUSTMENT TERRY & BETIYANY LIEBER11dAN FOR JANE EVANS HARROCK" PREPARED BY VERMONT LAND SURVEYORS, INC. DATED 4121104 & 4126104 AND RECORDED 44 COUNTRY CLUB DRIVE ON SLIDE #436. S0. BURLINGTON, VERMONT LEGEND VERMONT LAND SURVEYORS, INC. IRON PIPE -ROD FOUND 0 SCALE i INCH = 20 FEET 4050 WILLISTON ROAD, SUITE 112 1" IRON PIPE TO BE SET • SOUTH BURLINGTON, VERMONT. 05403-6063 GAS LINE AS MARKED IN FIELD G (802) 862-5661 POWER LINE AS MARKED IN FIELD P SEWER LINE S 0 20 40 60 80 100 WATER VALVE wv DATE AUG. 16, 2007, MARCH 14, 2008 SURVEYED M.W. & B.N. DRAWN MARK V. WARD PROJECT 2717A I ARTICLE GENERAL PROVISIONS YHIBIT -S-00, 65 total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.12 Alteration of Existing Grade A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 13.16, Earth Products.) B. Standards and Conditions for Approval. (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). and Section 3.07, Height of Structures of these regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. 3.i3 General Performance and Maintenance Standards A. Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. South Burlington Land Development Regulations Effective February 6, 2007 234 ARTICLE 17 ADMINISTRATION and ENFORCEMENT EXHIBIT 17 ADMINISTRATION and ENFORCEMENT 17.o1 General Provisions 17.02 Zoning Permits 17.03 Certificates of Occupancy 17.04 Expiration of Permits and Approvals 17.05 Revocation of Permits and Approvals 17.o6 Fees 17.07 Planning Commission 17.o8 Development Review Board 17.og Design Review Committee 17.10 Amendments to Regulations and Maps 17.11 Violations 17.12 Penalties 17.13 Appeals 17.01 General Provisions A. Applicability of Vermont Planning and Development Act. Administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the appointment and powers of the Development Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. [reserved] 17.02 Zoning Permits A. Zoning Permit Required. No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and development Act. 17.03 Certificates of Occupancy A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer. South Burlington Land Development Regulations Effective February 6, 2007 MEMORANDUM To: Development Review Board From: Raymond J. Belair, Administrative Officer Date: May 29, 2008 Re: Agenda Item # 13, Appeal #AO-08-06 1. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return Receipt, a Notice of Violation dated April 16, 2008, to John Belter for a zoning violation at 102 Ethan Allen Drive (#NV-08-07 — EXHIBIT 1). 2. The Notice of Violation described the violation as: "Altered the existing grade of your 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-08-06) was filed on 4/29/08 by John Belter (EXHIBIT 2), hereinafter referred to as "Appellant", appealing the Administrative Officer's determination in Notice of Violation #NV-08-06. 4. A public notice on the appeal was published in Seven Days on May 14, 2008 (EXHIBIT 3). The fill, gravel, sand, loam, topsoil, or other similar material placed on the Appellant's 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 4). 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. 6. 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 5). 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 7. 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. 8. 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 6). 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 (emphasis added). 9. 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. EXHIBIT April 16, 2008 John Belter 2 Country Club Drive South Burlington, VT 05403 Re: Zoning Violations — 102 Ethan Allen Drive Dear Mr. Belter: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. Altered the existing grade of your 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. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Either obtain all necessary approvals and permits for the grade alteration or remove all fill material and return the site to it's original grade. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.shurt.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Mark Sperry, Esq. Certified Mail Return Receipt # 7008 0150 0003 6150 5546 ) 1 CITY OF SOUTH BURLINGTON EXHIBIT DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Application #AO - - NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. I understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. • 1 agree to pay a fee of $111 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): John Belter, 2 Country Club Drive, South Burlington, 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: Country Club Drive, northeasterly of Lieberman property 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Notice of Violation dated April 16, 2008 - 1 - 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Section 312(A), Section 17.02, 24 V.S.A. 4449(a)(1), 24 V.S.A. 4451(a) 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Reverse decision of Zoning Administrator as to violation. 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? Landowner did not place fill on property. Fill placed there by Liebermans without landowners' consent or knowledge. This does not constitute a violation. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). Terry and Bethany Lieberman 21 Johnson Cir.,6le North Andover, MA 01845 I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. Ld &JL�, 2 S v� SIGNATURE OF APPELLANT DATE -2- Do not write below this line DATE OF SUBMISSION: 7 �� REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Incomplete y/8`r/°�, Director of Planning & Zoning or Designee Date -3- 3iSV I.COM {C1iC "1 Show CEXHIBIT Open 24/7/365. _______ _____________ ___a_�Wno__m t^ View an Post& browse adc 6 photo at your convenience. Aication and proposed .. Prior to convening a"hearing, . '. District #,4 Coordinator. PUBLIC HEARING 3. Appeal #AO-08-07 of Joyce, may also be viewed on the the District Commission. must . 11-1 West Street SOUTH BURLINGTON DEVELOP: getter, appealing decision of the Resources Board's web determine that substantive is- Essex Junction, VT 05452 . MENT REVIEW BOARD Administrative Officer to issue Nw.nrb.state.vt.us/Lup)..by sues requiring a hearing have T/ 802-8Zg-5658 Notice of Violation #NV-08-08 for I on "Act 250 Database," been raised. Findings.of Fact and E/ peter.keibel@state.vi.us -The South Burlington Development, alteration of existing grade with- ig""Entire Database," and, " .Conclusions of Law will not be Review Board will hold a public out a zoning permit, 102 Ethan g.the-casenumberabove. prepared unless the Commission hearing `atthe •South. Burlington. Allen, Drive. ing will be field unless; on holds a public hearing. CHARLOTTE PLANNING - City Hall Conference Room, 575 r'e May 27; 2008, a party . COMMISSION Dorset Street,:South Burlington, 4. Appeal #AO-08-08.of.Terry & the District Commission' Should a hearing beheld on this NOTICE'.OF PUBLIC HEARING .: Vermont on Tuesday, June 3, Bethany Lieberman, appealing de sue or issues: requiring ..project and you have a,disability 2008'at 7:30 P.M. to consider the cision of the Administrative Offict ;entation of eJidence at '. for which you are going -to need Pursuant to Title 24 Chapter 117 following: to issue *Notices of Violation # NV tg or the commission sets accommodation, please notify, us. V.S.A.'and the..Charlotte Land 08-09 & NV-08-10 for alteration :ter for hearing on its by May 27, 2008. Use Regulation;,.the Charlotte 1. Conditional: use application of existing grade without a zonini lion. Any hearing fequest Planning.Commission will meet #CU708-03 of South Burlington permit, 162 Ethan.ALlen Drive: in writing to the address Parties-entitted. to participate.are on Thursday June 5,. 2008 at the . School District seeking permission ;haLL state, the. criteria or the Municipality, the Municipal Town .Hall to hear the following to install four (4) 80 foot high. John Dinklage, Chairman !' *a at issue', why a hearing Planning Commission,. the Re- application: , . pole lights,.550. Dorset Street. South $urlington :Development . red and what additional - gi,onaL Planning Commission, Review Board e will be presented at adjoining property owners, other 8:30 PM.FinaL Plat'Hearing of 2.. Appeat, #AO-08-06 of -John ring. Any hearing request interested persons granted party Clark Hinsdale III and Meg Berlin Better, appealing decision, of the Copies of.the applications are djoining property owner . status, pursuant to 10 V.S.A. §' for a subdivision modification to Administrative Officer to issue available for public inspection at, interested Person must 6085(c). Non-party participants change boundary lines'of adjacent . Notice of Violation#NV-08,07 for the South- Burlington City Hall: , a petition for party,status. .. may also be allowed under 10 properties at 1251 Greenbush alteration of existing grade with - submitting a :request for V.S.k §,6085(c)(5). Road out a zoning permit, 102 Ethan May 14, 2008 ig, please contact the.dis- Allen Drive.. )rdinator at the telephone .; Dated in Essex Junction, Vermont, Application material can be STATE OF VERMONT listed below for -more this 2nd day of May 2608. viewed at the Planning and Zoning DISTRICT OF CHITTENDEN lion. Office. Participation in the hearing PROBATE COURT /s/Peter E:•KeibeL is a- prerequisite to the right to DOCKET NO.32397. . 'Peter E. Keibe( appeal any decision related to. Natural Resources Board these applications. IN RE THE ESTATE.OF Geraldine`M. LaPLant _ LATE OF 50.. BURLINGTON, VT . COMPREHENSIVE DEVELOPMENT ORDINANCE - NOTICE TO CREDITORS creditors estate of To the of the InstitutionalZoning#ZA-0.8-01 Geraldine M. taPlant late. of Soutl Burlington. That the Comprehensive Development Ordinance of the Code'of.Ordinances of the City of Buriingtori be and hereby is - •. amended by amending Sections 4,4.4, 4.5.2 and Appendix B.as set forth in the document attached hereto. I have been appointed as person representative,of the above name ZONINGAMENDMENT. estate, All creditors Having claim: against the estate must present Burlington Comprehensive Development Ordinance. ZA-08-01 re: Institutional Zoning Districts their claims in writing within fou months of the first publication ;ec. 4.4.4 Institutional DistrIct ` of this notice. The claim must be able 4.4.4 =1 Dimensional -Standards and Density,. iistricts Max Intensity, Mox; Cot Coverage' Building Setbacks' (feet). ' Max Front?. : Side?., .. Rear' Height', . istitutional' . 2Odu/ae 40%j Minimum: 10%Oflotwidth. 2594of lot depth. 35; (24 du/acre With (480A With 154eet , Min:3-feet Min:204eet inclusionary retjJ inclusionary req.) - Max:20-feet Max:75-feet. I —Measurement of and exceptions to covqrage, setback and height standards are found in Art 5. t The calculation of the front yards, et.back shall be a percentage of lot width and depth .or as defined:and described in Art 5. 1= Maximum allowable dot coverage, setbacks and building height in portions of this district may be modified by the provisions of the Institutional. Core Campus Overlays in Sec.4.5.2 presented to meat the address listed below with a copy filed wit the register of the Probate Court. The claim. will be foreve.r,barred if it is not presented as describec ..within the four month deadline. Dated. May 1, 2008 Signed: Robert J. Perry Address:. PO Box 238 Burlington, VT 05402 802-658-2675 Name of Publication: Seven Days First Publication Date: 5%Z/08 C 4c5 2 Institutional.Core Campus Overlay Districts second Publication Date: 5/14/0; District Specific Regulations: Retch Health Care Campus (ICC-FAHC) and 0VM Main Campus (iCC-uVM); ..: Address of Probate Court: Building Height Probate Court; District ot-Chit- img height shall bemeasuredunderthe provisions of Art. 5 except that.the.Measurementfnterval method specified in Sec. 5.25(a)(3) shall not apply. Except for ornamental and tenden folic architettura4features, additions and new construction.may be built to a height that'does not exceed the lesser of: PO Box 511 A. The actuil.height of the tallest existing structure as of January 1, 2007 and located within the respective institutions corecampus Burlington, VT 05402 lay district or, _ B. The elevation of a plane running parallel to sea levelfrom a.point.defined by the roof of the tallest structure at the highest elevation w t I ..`the parcel as depicted as of January 1, 2000. SULU= Density ' LOT 48A WILLIAM & MELINDA COOPER s s a LEGEND IRON PIPE —ROD FOUND 0 1 " IRON PIPE TO BE SET GAS LINE AS MARKED IN FIELD POWER LINE AS MARKED IN FIELD p SEWER LINE s WA TER VAL VE D4 JOHN H. & JOYCE N. BEL TER, JR. COUNTRY CLUB DRIVE s s s s 60 FT. RIGHT OF WAY LOT 47 s s— sp cm REFER TO SURVEY PLAT ENTITLED BOUNDARY LINE ADJUSTMENT FOR JANE EVANS HARROCK" PREPARED BY VERMONT LAND SURVEYORS, INC. DATED 4121104 & 4126104 AND RECORDED ON SLIDE #436. SCALE : 1 INCH = 20 FEET O 20 40 60 80 100 TOPOGRAPHIC SURVEY FOR TERRY & BETHANY LIEBERMAN 44 COUNTRY CLUB DRIVE SO. BURLINGTON, VERMONT E`- ')BIT 65 ARTICLE 3 GENERAL PROVISIONS total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.12 Alteration of Existing Grade A. Permit Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 13.16, Earth Products.) B. Standards and Conditions for Approval. (1) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub -Section 3.12(B). and Section 3.07, Height of Structures of these regulations. An application under Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: (a) Duration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security adequate to assure compliance with the provisions of this Section. (d) Determination of what shall constitute pre -construction grade under Section 3.07, Height of Structures. 3.13 General Performance and Maintenance Standards A. Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. South Burlington Land Development Regulations Effective February 6, 2007 234 ARTICLE 17 ADMINISTRATION and ENFORCEMENT EXHIBIT 17 ADMINISTRATION and ENFORCEMENT 17.01 General Provisions 17.02 Zoning Permits 17.03 Certificates of Occupancy 17.04 Expiration of Permits and Approvals 17.05 Revocation of Permits and Approvals 17.o6 Fees 17.07 Planning Commission 17.o8 Development Review Board 17.og Design Review Committee 17.10 Amendments to Regulations and Maps 17.11 Violations 17.12 Penalties 17.13 Appeals 17.o1 General Provisions A. Applicability of Vermont Planning and Development Act. Administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the appointment and powers of the Development Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. [reserved] 17.02 Zoning Permits A. Zoning Permit Required. No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and development Act. 17.03 Certificates of Occupancy A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer. South Burlington Land Development Regulations Effective February 6, 2007 A 100, Or �® southburlinoon PLANNING & ZONING May 30, 2008 Mark Sperry Langrock Sperry & Wool PO Box 721 Burlington, VT 05402-0721 Re: 102 Ethan Allen Drive Dear Mr. Sperry: 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, June 3, 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 I A southburlintou PLANNING & ZONING May 30, 2008 David Rugh, Esq. Jon Anderson, Esq. Burak Anderson & Melloni PO Box 787 Burlington, VT 05402-0787 Re: 102 Ethan Allen Drive/44 Country Club Drive Dear Mr. Rugh & Mr. Anderson: 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, June 3, 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 c onough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Application #AO -Q - -0--F NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. I understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. • I agree to pay a fee of $111 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): John Belter, 2 Country Club Drive, South Burlington 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: Country Club Drive, northeasterly of Lieberman property 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Notice of Violation dated April 16, 2008 - 1 - 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Section 312(A), Section 17.02, 24 V.S.A. 4449(a)(1), 24 V.S.A. 4451(a) 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Reverse decision of Zoning Administrator as to violation. 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? Landowner did not place fill on property. Fill placed there by Liebermans without landowners' consent or knowledge. This does not constitute a violation. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). Terry and Bethany Lieberman 21 Johnson Circle North Andover, MA 01845 hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPELLANT DATE IIPM Do not write below this line DATE OF SUBMISSION: ! i REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date -3- 0 4 / 2 4./1") 8 16:26' FAX 8('.)2 864 0137 Langrock, S.perri-&-l"ool Bur Application #AO - 0 -0-01 ri de Ali infOTMattion requested below rnu$-1:10e cQmPISA-ad in full. Fa U & �l F, t 0 pr v! the requ8sted information on this notice will p�.,qult in rej.-c-flon of Your appllqc-rtion and delay in the nevi, w of the appeal before the Development RA -view Board. I understand-. the presentak-in procedures requked by State Law 4463 of the Planniing ,u Development Act); ice a th-a, the Devalopl-n I ei-ij Review Board holds regular M86thl,-Os UV, mQnth that a legal adverfiscoment mustaPP-38r a m1ninnum of fifteen (15) days prior to the hearing on my appeal. I agree to pay a fee of $110 to offs8t the cost of the hearing on my appeal. -I) NAME AND ADDRESS OF APPr-!!LLANT(S): jcy�p- Baiter, 2 CQuilt-ry Cizit, Dr, , . Scj�u-t-h Burlington 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISIME IN THIS APPEAL: Coi-intry Clixb Drivr�-) '3) WHAT AICT(ON' OF THE ADMINIIS'TRATIVE C)FIFICER ARE YOU APPEAL11,113 ? 110tiCe Of `,7jC�:LLjtj On d ated April 16, 2008 - 1 - 04/24/08 16 : 26 FA-K 802 864 0 i 3 7 LanFrocl-., Sperr;-&Wool Bur U004 4) VMAT PROVIS11,ONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL; IF 'ANY? Sectzoii 312(A)Section 1-,02, 24 V.Q.A. 4449(a)(1), 24 V.S.A, 44551(a) , 5) WLIAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO I GRANT? s ro violatim. Z� 6) WHY r-�O YOU BELIEVE THAT THE RELIEF REQUESTEO IN NUM -ER 5. ASOVE, IS PROPER UNDER THE CIPGUMSTANCES? on prope�rty., Fill placed there b,,� Landowzq�n-- did not Plar-e T.iebermanE wit'nout t or 1� owl.edge. This does -stitute. a violation, 7) LIST ABUTTERS (LIST ON SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). 'Terry and Bethany Li-eberman 21 Johnson Circle North Andover_ MA 01845 I hereby certiry ii4,st all the inforrnat;on ret*:stud as part of this nQficzof appeal ha-s been rubmittsd and is accurate to the best of my knowledge. .SIONATURRIC�--OP APPELLANT joyce Belter DATE - � - Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Incomplete Director of Planning & Zoning or Designee Date -3- J BURAK ANDERSON MELLONI Counsellors at La-,tir Mr. Raymond J. Belair Administrative Officer Department of Planning and Zoning City of South Burlington 575 Dorset Street South Burlington, VT 05403 Michael L. Burak" Jon Anderson Thomas R. Mellon" Michael B. Rosenberg' Shane W. McCormack"$ W. Scott liewell� Anja Freiburg David W. Rughl"I Gateway Square • 30 Main Street Post Office Box 787 Burlington, Vermont 05402.0787 Phone: 802 862-0500 Fax: 802 862-8176 www.vtlawl.com "Also admitted in New York "",Uso admitted in Mar�iand *AI so admitted in the District of Columbia #Also admitted in Massachusetts °Also admitted in Connecticut & Pennsylvania April 29, 2008 MAY 0 1 2008 City of So. Budington Re: Lieberman Alleged Zoning Violation, 44 Country Club Drive Dear Mr. Belair: Enclosed please find the Lieberman's notice of appeal for a zoning violation letter issued April 23, 2008. The Liebermans intend to file a zoning application for approval of the fill or its removal, as soon as the signatures of the landowners, John and Joyce Belter, and access rights to their land, have been obtained. Additionally, although we have enclosed a check in the amount of $111.00 for the appeal, the Liebermans are paying such amount under protest and expect that it will be returned to them in the future. It is not only inequitable, Jut also contrary to a party's rights in the justice systern that they must pay the party who commenced an action against them a fee to exercise their appeal rights to defend such action. Defendants in any judicial or quasi-judicial matter, like a zoning violation and enforcement action, cannot be held financially responsible to exercise their constitutional right to appeal. Sin cexe- A, W. Rugh, Esq. DWR/alb Enclosures S:\Client Matters\80286\Letters\dwr belair2.doc MIDDLEBURY LANGROCK SPERRY & WOOL, LLP Peter F. Langrock Ellen Mercer Fallon William B. Miller, Jr. James W. Swift Emily J. Joselson Mitchell L. Pearl Kevin E. Brown Frank H.Langrock Beth Robinson F. Rendol Barlow Devin McLaughlin Wanda Otero -Ziegler Erin E. Ruble April 29, 2008 VIA HAND DELIVERY Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 ATTORNEYS AT LAW A Limited Liability Partnership Including a Professional Corporation Re: Appeal of John and Joyce Belter Dear Ray: Enclosed are the following: Notice of Appeal of John Belter and our check for the filing fee of $111. 2 Notice of Appeal of Joyce Belter and our check for the filing fee of $111. BURLINGTON Michael W. Wool Mark L. Sperry Christopher L. Davis Thomas Z. Carlson Susan M. Murray Alison J. Bell Lisa B. Shelkrot Eric M. Knudsen David W. M. Conard Thomas J. Sherrer Sarah Gentry Tischler Erin Miller Heins Hobart F. Popick REPLY TO: Burlington Office In light of the fact that Mr. and Mrs. Belter own the property jointly, I would request that you give consideration to refunding one of the $111 checks, as this should be treated as one appeal. Sincerely yours, Mark L. Sperr MLS:mns Enclosures c: John and Joyce Belter Hobart F. Popick 456686.1 City of So. Burlington MIDDLEBURY: 111 S. Pleasant Street • P.O. Drawer 351 • Middlebury, Vermont 05753.0351 (802) 388-6356 • Fax (802) 388-6149 • Email: attorneys @langrock.com • Website: www.langrock.com BURLINGTON: 210 College Street • P.O. Box 721 • Burlington, Vermont 05402-0721 (802) 864.0217 • Fax (802) 864.0137 • Email: attorneys @langrock.com • Website: www.langrock.com MIDDLEBURY Peter F. Langrock Ellen Mercer Fallon William B. Miller, Jr. James W. Swift Emily J. Joselson Mitchell L. Pearl Kevin E. Brown Frank H.Langrock Beth Robinson F. Rendol Barlow Devir+ McLaughlin Wanda Otero -Ziegler Erin E. Ruble May 6, 2008 LANGROCK SPERRY & WOOL, LLP ATTORNEYS AT LAW A Limited Liability Partnership Including a Professional Corporation South Burlington Development Review Board c/o Ray Belair, Director of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 BURLINGTON Michael W. Wool Mark L. Sperry Christopher L. Davis Thomas Z. Carlson Susan M. Murray Alison J. Bell Lisa B. Shelkrot Eric M. Knudsen David W. M. Conard Thomas J. Sherrer Sarah Gentry Tischler Erin Miller Heins Hobart F. Popick REPLY TO: Burlington Office Re: Terry and Bethany Lieberman — Appeal of Notice of Violation dated April 23, 2008 Dear Ray: Enclosed please find my Notice of Appearance related to the above matter. Please let me know if you have any questions. Sincerely yours, Mark L. Sperry MLS:mns Enclosures c: David W. Rugh, Esq. (Attorney for Liebermans) John and Joyce Belter 457067.1 MIDDLEBURY: 111 S. Pleasant Street • P.O. Drawer 351 • Middlebury, Vermont 05753-0351 (802) 388-6356 • Fax (802) 388-6149 • Email: attorneys @langrock.com • Website: www.langrock.com BURLINGTON: 210 College Street • P.O. Box 721 • Burlington, Vermont 05402-0721 (802) 864.0217 • Fax (802) 864-0137 • Email: attorneys @langrock.com • Website: www.langrock.com STATE OF VERMONT SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD IN RE: Terry and Bethany Lieberman Appeal of Zoning Violation dated April 23, Application #AO-06-D 2008 NOTICE OF APPEARANCE Now comes Langrock Sperry & Wool, LLP and hereby enters its appearance in the above proceeding on behalf of John H. Belter, Jr. and Joyce N. Belter, adjoining property owners to the applicants. DATED at Burlington, Vermont this / day of May, 2008. LANGROCK SPERRY & WOOL, LLP Mark L. Sp rry PO Box 7 1, 210 College Street Burling n, VT 05402 (802)864-0217 457055A CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Application #AO NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. • 1 agree to pay a fee of $111 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): Terry and Bethany Lieberman, c/o David W. Rugh, Esq., Burak Anderson & Melloni, PLC, P.O. Box 787, Burlington, VT 05402-0787 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: Property northerly of 44 Country Club'Drive, at what is known as 102 Ethan Allen Drive 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? Zoning Violation letter, dated April 23, 2008 - 1 - 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Zoning Regulations section 3.12 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Grant a permit to leave fill or to remove 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? The Zoning Regulations require it. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). Janine Kirchgassner, 45 Country Club Drive John and Joyce Belter, 2 Country Club Drive Neil and Patricia Zoller, 46 Country Club Drive I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPELLANT DATE -2- Do not write below this line DATE OF SUBMISSION: REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Incomplete _ 6 L/ut'-c[or oT rianning & Zoning or Designee Date -3- .CrTY ERK'tiurri�� Rc ived`r A20at'1M Recorded in Vol. on parde,�, Of So. Surltngton Land Records Attest: WARRANTY DEED Donna S. Klnville, M Glerh KNOW ALL PERSONS BY THESE PRESENTS THAT, We, Rasim Redzic and Jasmina Redzic, of South Burlington, County of Chittenden and State of Vermont, Grantors, in the consideration ofTENAND MORE Dollars paid to our full satisfaction by Terry R. Lieberman and Beth any Lieberman, of., 9✓Lp s,i6y,J , County of 0"*7j7r✓s'5',J and State of Grantees, by these presents, do freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantees, Terry R. Lieberman and Bethany Lieberman, husband and wife, tenants by the entirety, their, heirs and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden, and State of Vermont, described as follows, viz: Being all and the same lands and premises conveyed to Rasim Redzic and Jasmina Redzic by Warranty Deed of Jane Evans Harrocks dated October 12, 2004, and recorded in Volume 685 at Pages 198-199 of the City of South Burlington Land Records. A parcel of land situated on the northwesterly side of Country Club Drive, being lot No.48, as shown on a plan entitled: `BoundaryLine Adjustment for Jane Evans Harrocks", prepared by Vermont Land Surveyors, Inc., dated April 21 and April 26, 2004, recorded at Map Slide 436 of the City of South Burlington Land Records, being more particularly described as follows: Commencing at an iron pipe set in the ground in the sideline of said Country Club Drive, which point marks the southeasterly corner of land conveyed by the Jane Evans Harrocks to William and Melinda Cooper by Warranty Deed dated July 23, 2004 and the southwesterly corner of the parcel herein described; thence proceeding N 38 17'49" W in and along the sideline of said Copper land a distance of 107.00 feet, more or less, to an iron pipe set in the ground; thence continuing N 49 43145" W a distance of 52.71 feet, more or less, to an iron pipe set in the ground; thence turning to the right and proceeding N 71 52' 55"E a distance of 36.00 feet, more or less, to an iron pipe set in the ground; thence turning to the right and continuing S 71 20' 31"E a distance of 182.02 feet, more or less, to an iron pipe set in the ground in the sideline of said Country Club Drive; thence turning to the right and proceeding S 54 39'29" W a distance of 122.76 feet, more or less, to the point or place of beginning. Said land and premises are subject to Building and Trade Covenants of the Country Club Estates, which are recorded in Volume 69 at Pages 331-332 of the City of South Burlington Land Records, as extended by documents recorded in Volume 394 at Page 240 of the City of South Burlington Land Records. The Building and Trade Covenants also include a reservation or exception of a right of way or easement to the herein Grantors, their heirs, executors, or assigns, to a five (5) foot right of way abutting the side and rear boundary lines of said lot and along Country Club Drive for the installation, maintenance and repair of public utilities and telephone transmission lines. Reference is hereby made to the above -referenced deeds and plans and the references contained therein, in further aid of the description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantees, Terry R, Lieberman and Bethany Lieberman, 74805 husband and wife, tenants by the entirety, their heirs and assigns, to their own use and behoof forever; and the said Grantors, Rasim Redzic and Jasmina Redzic, for themselves, their heirs and assigns and administrators, do covenant with the said Grantees, Terry R, Lieberman and Bethany Lieberman, their heirs and assigns 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 it is FREE FROM EVERY ENCUMBRANCE: except as aforesaid; and they, hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, Rasim Redzic and Jasmina Redzic, hereunto set their hands and seal this /6/1day of May, 2006. In the presence of: 1 a li.I1��, l7r; Rasim Redzic f j.��.) rJasmina Redzic STATE OF VERMONT COUNTY OF CHITTENDEN, ss. At'. - &('e rt -/&—VW , Vermont this �_ day of May, 2006, Rasim Redzic and Jasmina Redzic, personally appeared and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. VLnY rnnnt C'mpprty TrinefOr Tax 32 V.S.A. Chap 231 JECUMXI'A108 .W)(.5p'hl_ 1''; LG;P:iJ U51= 3 DLVE Lid f P%tldu rzC i. CI�'tL SCi;G ;i Return No. ;Clerk Date Before me Notary Public My Commission Expires: 02/10/07 - "- .ma.a aaNr--KIT ►►swenaaysvt.com [cli( Show and tell. Open 24/7/365. View and post up to Post & browse ads 6 photos per ad online. at your :convenience. pplication and proposed Prior to convenin4 a hearing, District #4 t may also be viewed on the the District Commission must 1111 West Streetdinator PUBLIC HEARING IAppeal #AO-08-07 of Joyce Essex Jun . al Resources Board's web determine that substantive is- SOUTH BURLINGTON DEVELOP- Better, appealing decision of the aww.nrb.state.vt.us/tup). by sues requiring a hearinghave ction, UT 05452 MENT REVIEW BOARD Administrative Officer to issue 19 on "Act 250 Database," been raised. FinT/ 802-879-5658 Notice of Violation #NV-08-08 for Findings of fact and E/ peter.keibel@state.vt.us The South Burlington Development alteration of existing grade with- ing "Entire Database," and Conclusions of Law will not be ng the case number above. prepared unless the Commission Review Board will hold a public out a zoning permit, 102 Ethan aring will be held unless, on holds a public hearing' hearing at the South Burlington Allen Drive. 'ore May 27, 2008, a party CHARLOTTE PLANNING City Hall Conference Room, 575 es the District Commission Should a hearing be held on this COMMISSION Dorset Street, South Burlington, 4. Appeal #AO-08-08 of Terry & issue or issues requiring project and you have a disability NOTICE OF PUBLIC HEARING Vermont on Tuesday, June 3, Bethany Lieberman, appealing de •esentation of evidence at for which you are goinq_to need 2008 at 7:30 P.M. to consider the cisionBethany of the Administrative Office ring or the commission sets accommodation, lease notify us Pursuant to Title 24 Chapter 117 following: to issue Notices i Violation # NV atter for hearingon its p, ty V.S.A. and the Charlotte Land by May 27, 2008. Use Regulation$, the Charlotte 1. Conditional use application of existing08-09 grade without aa notion. Any hearing request10 zonin, " be in writing to the address Parties�entitled to participate are Ptanning.Commission will meet #CU-08-03 of South Burlington shall state Ehe criteria or p p on ThursdayJune 5, 2008 at the School District seeking9 permit, 102 Ethan Allen Drive. the Municipality, the Municipal f permission p Town Hall to hear the following to install four (4) 80 foot high John Dinklage, Chairman iteria at issue; why a hearing Planning Commission, the Re- uired and what additional gional Planning Commission, application: pole lights, 550 Dorset Street. South Burlington Development rice will be presented at adjoining property p rty owners, other- 8:30 PM Final Plat Hearing of 2. Appeal #AO-08-06 of John Review Board taring. Any hearing request interested persons granted party Clark Hinsdale III and Meg Berlin Better, appealing decision of the Copies of the applications are adjoining property.owner status. pursuant to 10 V.S.A. § red interested person must stet c .Non- art for a subdivision modification to Administrative Officer to issue available for public inspection at O Non-party participants change boundary lines'of adjacent Notice of Violation #NV-08-07 for the South_ Burlington City Hall. le a petition for party status. may also be allowed under,10 to submitting a request for V.S.A. § 6085(c)(5). properties at 1251 Greenbush alteration of existing grade with - ring, please contact the dis Road out a zoning permit, 102 Ethan May 14, 2008 :oordinator at the telephone Dated in Essex Junction, Vermont, Application material can be Allen Drive. er listed below for more this 2nd day of May 2008. nation. viewed at the Planning and Zoning O STATE OF VERMNT Office. Participation in the hearing TENDEN DISTRICT OF M /s/ Peter Keibel is a prerequisite to the right to PROBATE COURT Peter E. Keibel appeal any decision related to DOCKET NO. 32397 Natural Resources Board these applications. IN RE THE ESTATE OF Geraldine M. La Plant LATE OF SO. BURLINGTON, VT COMPREHENSIVE DEVELOPMENT ORDINANCE NOTICE TO CREDITORS - Institutional Zoning #ZA-08-01 To the creditors of the estate of Geraldine M. LaPlant late of Soutl That the Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and hereby is Burlington. amended by amending Sections 4.4.4, 4.5.2 and Appendix B as set forth in the document attached hereto. I have been appointed as p ersom ZONING AMENDMENT. representative of the above name estate. All creditors havingclaim� Burlington Comprehensive Development Ordinance ZA-08-oIre. InstitUtiona/ZOninDistricts their claims in writing within fou against the estate must present 'Sec. 4.4.4lnstitutional District months of the first publication Table 4.4.4 -1 Dimensional Standards and Density . of this notice. The claim must be presented to meat the address Districts Max. lntensl r listed below with a copy filed wit ty, Max. lot Coverage Budfbkeet) Max the register of the Probate Court. Rears Height' The claim will be forever barred InstitUtionala 20 du/ac if it is not presented as describes 40%Minimiidth 35' within the four month deadline. (24 du/acre with is%dflot depth(48% with 15-feMin:10-feet indusionary req.) indusionary req.) t Max: 75-feet Dated: May 1, 2008 Signed: Robert J. Perry 1—Measurement of and exceptions to covefage, setback and height standards are found in Art 5. Address: PO Box 238 2 the calculation of the front yard setback shall be a percentage of lot width and depth or as defined and described in Art 5. Burlington, VT 05402 3 - Maximum allowable lot coverage, setbacks and building height in portions of this district may be modified by the provisions of the Institutional Campus 802-658-2675 Overlays in Set.4.5.2 Name of Publication: Seven Days Sec. 4.5.2 institutional Core Cam us Overla bistricts First Publication Date: 5/7/08 d DistridspecfficRegulations:FletcherAllenHealth (are Campus (ICC-FAHC) andUVMMainCampus(ICC-UVM); Second Publication Date: 5/14/0 Building Height Address of Probate Court: wilding height shall be measured underthe provisions of Art. 5 except that.the Measurement'Intervai method specified in Sec. 5.2.5(a)(3) shall not apply. Except for ornamental and Probate Court, District of. Chit- imbolic architectural features, additions and new construction may be built to a height that'does not exceed the lesser of: tenden A. The actual height of the tallest existing structure as of January 1, 2007 and located within the respective institutions core campus PO Box 511 uerlaydistrict,or, Burlington, VT 05402 B. The elevation ofa plane running parallel to sea level from a point defined by the roof of the tallest structure at the highest elevation within'the parcel as depicted as of January 1, 2000. Density the ICC-UVM/FAHC District density restrictions set forth in Article 4, Sec.4.4.4 shall not apply to dormitories and rooming houses as defined in Chapter 1E of the Burlington Code of ►►s*,%venaaysvt.com (cii( Show and tell. � Open 24/7 View and post u to /3 d 5 . Vi P Post & browse ads 6 photos per ad online. at your _convenience. pplication and proposed Prior to convening a hearing, District #4 Coordinator t may also be viewed on the the District Commission must 111 West Street PUBLIC HEARING 3. Appeal #AO-08-07 of Joyce it Resources Board's web determine that substantive is- Essex Junction, V7 05452 SOUTH BURLINGTON DEVELOP- Better, appealing decision of the ,vww.nrb.state.vt.us/lup)_by sues requiring a hearing have T/ 802-879-5658 MENT REVIEW BOARD Administrative Officer to issue ig on "Act 250 Database," been raised. Findings of fact and E/peterNotice of Violation #NV-08-08 for ing "Entire Database," and Conclusions of Law will not be .keibel@state.vt.us The South Burlington Development alteration of existing grade with- ng the case number above. prepared unless the Commission Review Board will hold a public out a zoning permit, 102 Ethan aring will be held unless, on holds a public hearing. CHARLOTTE PLANNING hearing at the South Burlington Allen Drive. ' City Hall Conference Room, 575 ore May 27, 2008, a party COMMISSION Dorset Street, South Burlington, 4. Appeal #AO-08-08 of Terry & es the District Commission Should a hearing be held on this NOTICE OF PUBLIC HEARING issue or issues requiring project and you have a disability Vermont on Tuesday, June 3, Bethany Lieberman, appealing de 'esentation of evidence at for which you are going to need 2008 at 7:30 P.M. to consider the. cision of the Administrative office Y 9 9- Pursuant to Title 24 Chapter 117 following: to issue Notices of Violation # NV ring or the commission sets accommodation, please notify us V.S.A. and the Charlotte Land otter for hearing on its by May 27, 2008. 08-09 & NV-08-10 for alteration notion.efor e hearing request Use Regulations,. the Charlotte 1. Conditional Use application of existing Plan ning".Commission wilt meet grade without r zonirn be in writing to the address Parties -entitled to participate are on Thursday June 5, 2008 at the Sc oo8District seeking permission permit, 102 Ethan Allen Drive. shall state the criteria or the Municipality, the Municipal Town Hall to hear the following to instal( four (4) 80 foot high John Dinklage, Chairman iteria at issue; why a hearing Planning Commission, the Re- a uired and what additional _ gionat Planning Commission, pphcation: pole lights, 550 Dorset Street. South Burlington Development ice will be presented at adjoining property owners, other 8:30 PM Final PlatHearing of 2. Appeal #AO-08-06 of John Review Board -aring. Any hearing request interested persons granted party Clark Hinsdale III and Meg Berlin Better, appealing decision of the Copies of the applications are adjoining property owner status. pursuant to 10 V.S.A. § ier interested person must for a subdivision modification to Administrative Officer to issue available for public inspection at 6085(c). Non-party participants change boundary lines of adjacent Notice of Violation #NV-08-07 for the South_ Burlington City Halt. le a petition for party status. may also be allowed under 10 to.submiging a request for V.S.A. § 6085(c)(5). Road propesties at 1251 Greenbush alteration of existing grade with - ring, please contact the dis out a zoning permit, 102 Ethan _May 14, 2008 :oordinator at the telephone Dated in Essex Junction, Vermont, Application material can be Allen Drive. er listed below for more this 2nd day of May 2008. viewed at the Planning and Zoning STATE OF VERMONT nation. Office. Participation in the hearing DISTRICT CHITiENDEN /s/ Peter E Keibel is a, prerequisite to the right to PROBATE COURT Peter E. Keibet appeal any decision related to DOCKET N0._ 32397. Natural Resources Board these applications. IN RE THE ESTATE OF Geraldine M. LaPtant LATE OF SO. BURLINGTON, VT . COMPREHENSIVE DEVELOPMENT ORDINANCE _ NOTICE TO CREDITORS To the creditors of the estate of Institutional Zoning #ZA-Q$-Q� Geraldine M. LaPtant late ofSoutl That the Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and hereby is Burlington. amended by amending Sections 4.4.4, 4.5.2 and Appendix B as set forth in the document attached hereto. I have been appointed as person ZONING AMENDMENT representative the above name estate. All creditors having claim Burlington Comprehensive Development Ordinance ZA-08-01 re: Institutional Zoning Districts against the their claims in writing ate mustwithinpresent fou 5ec. 4.4.4 Institutional District months of the first publication Table 4.4.4 -1 DimensionalStandards and Density, of this notice. The claim must be presented to me at the address listed below with a copy filed wit Districts Max. Intensity Max. Lot Coverage' Building Setbacks' (feet) Max the register of the Probate Court. Fronts Side Rear' , The claim will be forever barred Height if it is not presented as describec E—Measurement 20du/ac 40% Minimum: 10% of lot width " 35' within the four month deadline. (24 du/acre with Min:20 of depth (48% with 15-feet Min: Min:20-feet Dated: May 1, 2008 Indusionary req.) indusionaryreq.) Max:20-feet Max: 75-feet Signed: Robert J. Perry nt ofand exceptions to covgage, setback and height standards are found in Art S. Address: PO Box 238 . tion of thefrontyard setbackshall bea percentage of lotwidth and depth oras definedand described in Art5. Burlington, 5 05402 llowable lot coverage, setbacks and building heightin portionsofthis districtmay be modified bythe provisionsofthe Institutional Core Campus802-658 2675Sec.4.5.2 Name of Publication: Seven Days Sec. 4.5 2 InStitutional Core Campus OverlayDistricts First .Publication Date: e: / Second Publication Date: 5/14/0; (c) - District Specific Regulations Fletcher Allen Health Care Campus (ICC-FAHC) and UVM Main Campus ([CC-UVM); 5• Building Height Address of Probate Court: Building height shall bemeasured under the provisions of Art 5 except that the Measurementinterval method specified in Sec. 525(a)(3) shall not apply. Except for ornamental and Probate Court, District of.Chit- symbolic architectural features, additions and new construction may be built to a height thattioes not exceed the lesser of: tendon . A. The actual height of the tallest existing structure as of January 1, 2007 and located within the restive institutions core campus PO Box 511 respective Burlington, VT 05402 B. The elevation of a plane running parallel to sea level from a point defined by the roof of the tallest structure at the highest elevation within the parcel as depicted as of January 1, 2000. i. Density ' n the [CC -UVM/FAHC District, density restrictions set forth in Article 4, Sec. 4.4.4 shall not apply to dormitories and rooming houses as defined in Chapter 18 ofthe Burlinqton Code of w