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HomeMy WebLinkAboutBATCH - Supplemental - 0060 0062 Bartlett Bay RoadFLANDERS, Dana DORMAN, Dorothy 60-62 Bartlett Bay Road easterly side Area R-1 District Section 18.00 Dimensional requirements Hinimum front yard SO feet Proposed front yard 36 feet Section k8.110 applies - two 7S' x 100' iots combined Proposed single-family dwelling 32' x 62' SO 1-7, o o NOTICE OF APPEAL I SOUTH BURLINGTON ZONING B(XkRD OF ADJUSTMENT Name, address and telephone # of applicant ,N\1c:�, L,4 C 'V71 CL yk \J ev-, _5 Name, address of property owner ��A yl A V a- AJ Z C- b- Property location and description 0 \� "� �- ri \j,-, I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. r"�o Hearing Date Signature �f Appellant ---------------------- Do B21_yrite below this line --- ------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on (day of week5 tm—onth and date) at time to consider the following: -1 Appeal of 1��r_2-0 6W '005�� -4 seeking a 61 f r om S e c t i o n of the South Burlington Regulations. Request is for permission to IL"Z'a -A-- "A D -3- No.4 Appeal of Wesco, Inc., David Simindinger, agent Appeal of Wesco, Inc., David Simindinger agent, seeking a variance from Section 18.00 Dimensional requirements, request is for permission to construct a 28' x 50' gasoline island canopy to within five (5) feet of the required front yard at 1118 Williston Road. Mr. Ward said that this is zoned C-1 District and that the minimum set back is 50' from the planned right of way. A 5 ft. set back is proposed. Mr. Simindinger said that this canopy would be built to give their customers a way to keep out of the nasty weather when pumping gas. There are six (6) other canopies on Williston Road and this canopy will be just like the one at the BP Station - the same height, size and the same distance from the street. Mr. Blais asked how sound these canopies were with the wind and Mr. Simindinger replied that they are six feet down in the ground and are no longer attached to the buildings. The appeal was granted unanimously. No. 5 Appeal of Dorothy Doman and W. Dona Flanders Appeal of Dorothy Doman and W. Dona Flanders seeking a variance from Section 18.00 Dimensional requirements, request is for permission to construct a 32' x 62' single-family dwelling on two combined existing 75' x 100' lots to within thirty six (36) feet of the required front yard, located on the easterly side of 60 - 62 Bartlett Bay Road. Mr. Ward said that this area is zone R-1 District. Mr. Ward said that last fall we had two applications to develop on the easterly side of Bartlett Road and there was some possibility of these being one lot. After being reviewed by the City Attorney these are considered separate building lots. This district has been changed to R-1 instead of R-4 and the lots become one acre lots now. T�p area is grandfathered but subject to the R-1 dimension requirements. The issue here is that the lot at 60 Bartlett is 75' x 100' and the lot at 62 Bartlett is the same size. They will be combined and a single family building will be built on them. Proposed front yard is 36 feet, minimum requirement is 50 feet. Mrs. Doman said that the lots will be combined as one lot and when asked if she had purchased adjoining lot she replied she has the option to buy it. Mrs. Tromblay spoke in favor of this building because this neighborhood is unique with families - parents, daughters and sons having built homes there. Mr. Dinklage asked if Mrs. Tromblay was a property owner and if she was in favor of the change from R-4 to R-1. Mrs. Tromblay replied that her position was in favor of keeping down the density directly behind her in the field. Mrs. MacKay said she had no position on this change because at the time she was using her property as a summer home only and living in Burlington. She has now moved to Bartlett Bay permanently and is in favor of this building. C, 11 -4- M� V�---- ­4A +-11n+- fln �hn_ - f- P-1 1­0 hn-n 4" nff—f f^� fw^ _n�� -^- 5 J and if we permit variances like this it will change the character of the whole neighborhood and he is opposed to this. Mr. Shearer said that he was concerned that if you let one go through with a variance where does it all stop. He said he is worried about the neighborhood with the narrow road and no sidewalks. He is worried about the children. Mrs. Doman said she wants to build a Cape Cod style which would be good for the neighborhood. Mr. Ted Irish said that the people on the east side of the road built their homes on large lots to have space, some security and protection. "I reduced the value of my property by making a motion to change the zoning from R-4 to R-1 to keep density down. Something should be done now to stop these requests for building." Mrs. Stead said that as far as variance is concerned it's only 12 feet. There was never any question as to what it was to be used for. Mr. Reed said that he is against the variance because he feels it will change the character of the neighborhood and because of the narrow road. Bob Irish said his concern is with the density. Individually we have always supported lower density and I don't think the area can support that higher density. Mr. Dinklage said that from everything we have heard tonight and on other occasions having to do with Bartlett Bay, I'm convinced that this is the true story and the intent as to how these lots were acquired. I am opposed to doing anything to increase the housing density down there. I would move that the appeal be rejected. Mrs. Stead said she couldn't see that it would increase the density and this house would still be set back further than the other houses and garages there. The appeal was denied 5-1. No. 6 Appeal of Burlington International Airport Appeal of Burlington International Airport seeking approval from Section 3.30 Use limitation within Conservation -Open Space and Section 19.35 Filling with earth products, request is for permission to construct a 20' x 1150' access road from the National Guard Road to the alert and Brockway hangars, located within the Airport complex. Mr. Ward said that this area is subject to Conservation Limitations and the other part of the area is subject to conditions under section 19.35 filling with earth products. Mr. Dinklage had a question about the service road and there was a discussion about filling road according to the map. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 June 23, 1986 Mrs. Dorothy Doman 2 Sheridan Court Shelburne, Vermont 05820 Re: Zoning hearing Dear Mrs. Doman: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjust- ment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street, on Monday, July 7, 1986 at 5:00 P.M. to consider your request for a zoning appeal. Please plan to attend this meeting. RW/mcp Very truly, Richard Ward, Zoning Administrative Officer lu C7 rp 0 J�. e- 1. 0 N 4r V6. Al 4P cl 1 0 4i -4 IZ 0 NZ ZAP 4* 0 A., jo -0 .0 Mop e , �f -,� � 40 0 ? a - -4- %- 4i 4'- PT. 'Rv 'P. Az- V* - oqp��O.,r d 4C;�, 7 do. �� If'- 0 4 w d m ibo t FLANDERS, Dana W. III STEAD, Alice 62 Bartlett Bav Road Area zoned R-1 District Section 22.102 Conservation - Open space (b)-strip 150 feet on depth along Lake Champlain, elevation 102.5 Section 18.105 C.O. District set -back 150 feet from high water level - proposed set -back 58 feet Section 18.00 Dimensional requirements: minimum 50 feet front yard and 25 feet side yard - proposed (east side) 30 feet front yard and 16 and 23 feet side yard - (west.side) 32 feet front yard and 20 and 23 feet side yard Lots (east side) 751x100' proposed for 26x36' single-family dwelling (west side) 75'x2OO' proposed irregular shape 1280 square feet single-family dwelling, demolish existing Section 19.65 Multiple uses Section 19.05 Conditional use - lots are combined as one by deed - two structures on one lot STEAD, Alice/Flanders, Dana W. 62 Bartlett Bav Road Area zoned R-1 District Section 18.00 Dimensional requirement - sub-sQction 18.105 setback from high water level of Lake Champlain (1) Minimum setback 50 feet (2) Minimum sideyard 25 feet (3) Setback from highwater level 150 feet Proposed removal of summer cottage - construction 26' x 34' dwelling unit with attached 14' x 26' garage to within 58 feet of high water level and 12 feet of northerly side yard , '1,5, feet of southerly side yard and 25 feet of front yard Plan of existing cottage is attached SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL SUSAN L. BOYLE October 18, 1985 Zoning Board of Adjustment City of South Burlington c/o Mr. Richard Ward 575 Dorset Street South Burlington, VT 05401 Re: Existing Small Lots Gentlemen: (802) 862-645 1 (802) 863-2857 ISAAC N. P. STOKES COUNSEL You asked me to memorialize in writing my legal opinion relating to the Bartletts Bay Road lots. A plan of the so-called Collins Subdivision was recorded on January 18, 1951 in Volume 28 at Page 24 of the City's Land Records. This plan shows thirteen (13) lots on the westerly side of Bartletts Bay Road and thirteen (13) on the easterly side. Each lot is separately numbered, and the easterly lots are separated from the wester- ly lots by the Bartletts Bay Road private right-of-way. I believe the plan was recorded some ten years prior to the Town of South Burlington enacting its first subdivision regulations. We feel the lots on the easterly side of the roadway should be viewed as separate and distinct from the lots on the westerly side even though the lots directly across the road from each other are held in common owner- ship. Bartletts Bay Road should be deemed an intervening landowner, and thus the lots on the easterly side of the roadway are held in individual, separate and non-affiliated ownership from the lots on the lakeshore side of the road. Assuming no one person or entity owns contiguous lots each is subject to the provisions of 24 V.S.A. §4406(l). This statutory pro- vision is also embodied in the City's Zoning Regulations. As you know, both the statute and zoning provision allow pre-existing small lots to be developed for the purposes permitted in the zoning district, provided the lot is not less than one -eighth (1/8th) of an acre and has a minimum width or depth dimension of forty feet (401). If a lot owner proposes to develop a substandard lot for one of the purposes allowed in the district, but cannot comply with our zoning ordinance's dimensional requirements, he must seek a variance. This gives you some control over the siting of a structure on an undersized lot. I must offer Zoning Board of Adjustment October 9, 1985 Page 2 a caution, however, that you cannot deny the owner the right to develop the lot for allowed uses, but you can restrict the development to a minimal variance which would permit the desired allowed use of the lot owner. I hope this has clarified my reasoning but if not, please let me know. Very truly yours, Richard A. Spokes RAS:mil September 9, 1985 Mrs. Alice Stead 46 Edgewood Lane Burlington, Vermont 05401 Dear Mrs. Stead: Be advised that the Zoning Board of Adjustment will hold a public hearing at the municipal Offices, Conference Room, 575 Dorset Street on Monday, September 23, 1985 at 5:00 P.M. to consider your application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg m n( h Eal . ll%� 11 11 1..0 2oeG-R"rY air moo_ r O 0 C4 «e,pDS6p CFO A a 6- Rs IM- JA- cr 1%0 .CSC-r's &y -is, Z1,O"• Ems• � �•o,. 0 A --- zoo No Text &IC-44 IZ, 1 'ILI C. NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant G C. �� , ;� r �C�. 4\ i.� \ Y r 1 �.rt k( �1 �. ti 1L' 'v 7 1 �' �'vL�C,�- L,�, • i` r to �. -� -. Name, address of property owner A_ { . --4 Property location and description I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the/hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant Do not write below this line ---------------------------=----------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Cnfersznce"Room, 575 Dorset Street, South Burlington, Vermont on %774� .�� ,'"�� :, {,,,. { rr�., ., at (day of w k) (month and date) time to consider the following: Appeal of XJ r /'(r2.-�� e? ..f, ,7 ,°%� ♦ r . - f' ;`'f r,r {" ,. seeking a l dr from Section / DAf r/d S;1 r r 1 t' Ie �"f +►� M %f ��,. �%%.l�, ,tt« •�� of the South Burlington Regulations. Request is for permission to !r4 s',rAr a,_. [/�` ^—,. , / . �+ `-`..may ��� ✓� y ' "'�.,..y�4+ j�,�d,^ , t � t. -♦,,, .,r �C,. �,-��.•. t��*�� ram, 4y�;'�r...r�-x,..r-.•.-� SOUTH MOLMIO?TON ZONING NOTICB In accordance with tha South Zptkn� Mal• 117,Title 4 VS.A. the South SuAngton Zoning Board of Adjushnent will hold a at the South Sur- lin�OnMu�ipal Offices, Con- forenco room, 575 Dorset Sheet, South Burlington, Vermont on Monday, September 23, 1945 at SOO p.m. to consider tin follow-, ing: M 1 Ap of W. Dona Flanders III aniko Stead seek' q a variance from Saction 18.00/18.105 Dimensional n- quiromemts and vd from Section 19.bS uses al the -South BntrRngton Request is for permission to can- struct a single-family dwelling containing 9 feet on a lot conMimng 7500 feet Jac on tin ewtno We of Bartlett Bay Road and to demol- ish an existing dweMMg and re- place with a 1280 square foot single-family dw*11 on a lot containing 15,000 square feet located on the western side of Bartlett Bay Road. structure io be located to within (56I feet of Lake ^ water level, both structures ro- quiring a variance from the mini- mum setback and side yyaard requirements located at 62 ` loft Bay Road. 02 Appeal of Vito and Michael Franco seeking a variance, from Section 16.110, Minimum area requirement of tin SouM Bnxfing ton Rogulations. Request is for permission to construct a single- family dwelling 125' x 581 on a lot contain' 1.7 acres with twemy 0194128/ foot frontage, bcated of 120 Abport Parkway. M3 Appeal of Roger Olson and Kit Zolrowaki seekmmgg a variance from Section Ia. 113, Minimum dwelling standards of the Soutr Burlington Roguktbns. Request is for Permission to convort an existing garage Into a shrdlo opoterlhy. nt csognulaorme�n(gee approxi- a att 206 AZ.Iark t loca►.d M4 Appeal of Alexander S. Lewis and City of South Burling- ton seeking a variance, from Section 18.00, Dimensional n- gwremnents an approval from Section 12.20.Conditional uses of the South Burlington Rogula- tions. Request is far permission to set-off a 22,000 square foot lot from a 2.6 acre parcel and con- struct a 3,500 squam re foot unk- ipd facility (fin sub -station) located off Holmes Road to the rear of Chittanden County Volks- wagon. Richard Word Zoning Administrative Officer' September 7, 1985 November 4, 1985 Mrs. Alice Stead 46 Edgewood Lane Burlington, Vermont 05401 Re: Zoning appeal Dear Mrs. Stead: Be advised that the South Burlington Zoning Board of Adjust- ment will hold a public hearing at the City Offices Conference Room, 575 Dorset Street on Monday, November 18, 1985 at 5:00 P.M. to consider your zoning applic,ation. Please plan to attend this meeting. very truly, Richard Ward, Zoning Administrative Officer RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlinggton Zoning Regulations and Chopter 1 17, Title 24 V 5 A the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Bun lington Municipal Offices, Con- ference Room, 575 Dorset Street, South Burlington, Vermont on Monday, November 18, 1985, at 5 00 P M to consider the following -I Appeal of Alex Rose and Eugene Beaudry seekingg appro- val from Section 13 20, Conditio- nal use of the South Burlington Regulations Request is for per. mission to convert an ...sting auto parts sales business and a residential unit into a recre- ational vehicle sales and service business, in conjunction with a kennel and other light manufac- turing business, located at 3060 Williston Road 02 Appeal of Alice C Stead and W Dona Flanders seeking a va- riance from Section 18.00118 105, Dimensional re. quirements of the South Burling. ton Regulations Request is for permission to demolish on exist- ing cottage and replace with a single-family dwelling on a lot containing 15,000 square feet, said Structure to be located to within fifty-eight (58) feet of the lake Champlain high water level and within twelve (1 2) feet of the northerly side yard and eight 18) feet of the southerly side yard at 62 Bartlett Bay Road 43 Appeal of Franklin D Bes- sette seeking a variance from Section 9 10, Permitted uses and Section 19.65 Multiple Use of the South Burlington Regulations. Re. quest is for permission to oper. ate a small engine repay shop and the sales and service of lawn mowers and snow blowers in conjunction with a single-fomr ly dwelling on a lot containing approximately 12,862 square feet, located at 10 Maplewood Drive *4 Appeal of Champlain Oil I Company, C A Corms seeking approvol from Section 12 20 Conditional uses, Section 1965 Multiple use and Section 18 00 Dimensional requirements of the South Burlington Regulations Re- quest is for permission to can. struct a convenience store with gasoline pumps, on a lot 100' x 175', a 44' x 52' canopy to within thirty five 135) feet al the required front yard Request on additional building 64' x 70' to be occupied as a professional office complex on a lot con. taining 1 9 acres presently occu- pied with a storoge-distribution facility, propos*d being a mull tiple use on two parcels of land located at 354-356 Dorset Street Richard Ward Zoning Administrative Officer November 2, 1985 WILLISTON ZONING BOARO Of NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant AMI�F o ay pCF�,C1 r�N 2 ` C)y . Name, address of property owner W ' •��9 ���-.vQ'e.r s ��' < < - Property location and description ea 4'11-7-1-1e-741 ��`y `9 �, I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant Do not write below this line ---------------------------=----------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on , , at (day of week) (month and date) time to consider the following: Appeal of seeking a (J -c,,t from Section �8,00 of the South Burlington Regulations. Request is for permission to 161--70 —/ a l�p-T/tif{ �(7i ¢� �L:.� /it'- ;�Q ��P_.�- (�:. GtJ C • K�'�.� (.,L_.,.. , Ea....� .., ,r' �" i _ _ . �' , � , �� p .a -e'i r /` -d a! Z X 0, �✓ /f'�� r LISMAN & LISMAN ATTORNEYS AT LAW -- -- - P O BOX 726 BURLINGTON. VERMONT 05402 BERNARD LISMAN CARL H LISMAN ALLEN D WEBSTER MARY G KIRKPATRICK THOMAS D ROBERTS E WILLIAM LECKERLING. III' *AOMITTED ONLY IN NEW YORK 602-664-5756 October 25, 1985 Mr. Richard Ward South Burlington Zoning Administrator South Burlington City Offices 575 Dorset Street South Burlington, Vermont 05401 Appeal of Alice Stead Dear Dick: OFFICES IN FINANCIAL PLAZA AT 64 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN COUNSEL As we discussed by telephone on October 25, 1985, please consider this letter the formal notice that Mrs. Stead is withdrawing her prior appeal to the South Burlington Zoning Board of Adjustment with respect to her lots on the east and west side of Bartlett's Bay Road. Based upon our conversation, I understand that she has filed a new appeal which will be heard on Monday, November 18, 1985 at 5:00 p.m. I plan to attend the hearing and will be present at that time. If you have any questions, please feel free to call me. Yours very truly, Allen D. Webster v ADW/vcc cc: Mrs. Henry Stead September 24, 1985 Attorney Richard Spokes Spokes, Foley & Stitzel P.O. Box 986 Burlington, Vermont 05401 Dear Dick: Be advised that this matter is before the Board of Adjustment. The issue being the consolidation of lots under a single deed. Example, 62 Bartlett Bay, lot on the west side purchased Dec- ember 18, 1945, recorded volume 20, page 170, lot on the east side purchased, August 25, 1950 recorded volume 22, page 331. In June, 1971 both lots purchased under one deed, enclosed is deed.with the exception of 55 Bartlett Bay Road all other lots located on the east side are used for accessory uses, shed, garages, etc. The area is zoned Residential 1, minimum lot one (1) acre with one hundred twenty (120) feet frontage. Water and sewer is available within the past few#years. Now people want to develop the lots on the east side, most lots are less than a quarter of an acre. Question being are they grandfathered and do we consider them as separate lots? Next Zoning Board meeting is October 7, 1985, at which time we will continue the appeal for 62 Bartlett Bay Road. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp September 25, 1985 Mrs. Alice Stead 46 Fdgewood Lane Burlington, Vermont 05401 Dear Mrs. Stead: The matter before the Zoning Board of Adjustment has to deal with whether the property on Bartlett Bay Road is considered as a single lot or two separate lots. It appears that you purchased the property as two lots in December 1945 and August 1950, the problem is in June 1971, the property was consolidated as one and deeded to Mr. Flanders. The question has been turned over to the City Attorney for re- view. I expect to have his opinion before the next meeting which is October 7, 1985. Should you have any further input into this matter please don't hesitate to call me. Your appeal will be continued at the October 7, 1985 meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp No Text ZE? t3 VDRool%A SCA C `(�' 614 W. WtN A F I,Nrl D ERs,131: o, n 4 (;?. BAR-r I, 61r('S gA`( �ROA p SC4 ' As< S►o(..