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HomeMy WebLinkAboutBATCH - Supplemental - 0066 Barrett StreetCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: August 26, 2008 \drb\misc\Ke11ey\misc2.doc Application received: August 21, 2008 MISCELLANEOUS APPLICATION #MS-08-08 66 BARTLETT BAY ROAD Meeting Date: September 2, 2008 A enda # 5 Owner/Applicant Property Information Mark & Lisa Kelley Tax Parcel 0130-00068 1 Pinnacle Drive Lakeshore Neighborhood South Burlington, VT 05403 Flood lain Overlay District Subject Property t Mark Kelley, hereinafter referred to as the applicant, is seeking miscellaneous approval to reconstruct a 2-story single family dwelling with an 876 sq. ft. footprint and construct a 437 sq. ft. footprint, 2-story addition (not to exceed 25' in height). 66 Bartlett Bay Road. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on August 21, 2008 and have the following comments. Table 1. Dimensional Requirements LN Zoning District Required Proposed 4 Min. Lot Size 12,000 SF 9,400 SF Max. Building Coverage 20% 12.3% Max. Overall Coverage 40% 17% Min. Front Setback 20 ft. 20 ft Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 fl. zoning compliance pre-existing non-compliance The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The applicant has stated a proposed a height of 25 feet in the application. The applicant has submitted an elevation of the proposed structure. Though the standard for measuring pitched roofs is to the midpoint between the eave and the highest point of the structure, staff remains concerned that the presence of two very large dormers on each side of the house compromises this and thus leaves the bulk of the roof above 25 feet. The highest point of the roof is 31'6". 1. The board should discuss the building elevations of the proposed building and addition where were submitted and determine if this is in compliance with the stated regulations and goals of the SBLDR. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. FA Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. According to Section 4.08(A) of the Land Development Regulations, the Lakeshore Neighborhood Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Lakeshore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year round residences. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. The proposed project meets all of the dimensional standards of the zoning district, with the exception of height which may be waived as stated above. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. 3 (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. Pursuant to Section 3.06(J)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from Staff's site visit to the property, it does not appear that this addition would impact those views. The Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. Again, the Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (c) adequate on -site parking; and Adequate on -site parking exists and the proposed addition will not have an undue adverse affect on adequate on -site parking. (d) safety of adjoining and/or nearby property. The proposed addition will not have an undue adverse affect on the safety of adjoining properties. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. 0 b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed rebuild and expansion is no closer to the lake than the existing structure. c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed rebuild and expansion meets this criterion: the expansion is 49.9% of the footprint of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted a sufficient and well -planned erosion control plan. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. The plan does not indicate any landscaping on the existing property. The plan shall be revised to include all existing landscaping. No landscaping shall be removed or relocated without express permission from the Development Review Board. 2. The plans shall be revised to include all existing landscaping on the property. No trees or shrubs shall be removed or relocated without permission from the Development Review Board. RECOMMENDATION Staff recommends that the Development Review Board approve Miscellaneous Application #MS-08-08, subject to the applicant addressing the numbered conditional items in the comments section of this report. Respectfully submitted, V 4athy LaRose, Associate Planner Copy to: Mark Kelley, applicant 5 ME TT FLOOR Ell[ IIII II� Illd��lll mI 'I I �II IC Rug PRo V�M�NrR"fit"U EAST ELEVATION D N MID-POINT CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING DEVELOPMENT REVIEW BOARD Report preparation date: April 22, 2008 \drb\misc\Kelley\misc.doc Application received: April 4, 2008 MISCELLANEOUS APPLICATION #MS-08-02 66 BARTLETT BAY ROAD Meeting Date: May 6, 2008 A ends # 8 Owner/Applicant Property Information Mark & Lisa Kelley Tax Parcel 0130-00068 1 Pinnacle Drive Lakeshore Neighborhood South Burlington, VT 05403 Floodplain Overlay District Subject Property a k1 it i Mark Kelley, hereinafter referred to as the applicant, is seeking miscellaneous approval to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. Associate Planner Cathyann LaRose and Administrative Officer Ray Belair, referred to herein as staff, have reviewed the plans submitted on April 4, 2008 and have the following comments. Table 1. Dimensional Requirements LN Zoning District Required Proposed A Min. Lot Size 12,000 SF 9,400 SF Max. Building Coverage 20% 12.3% Max. Overall Coverage 40% 17% Min. Front Setback 20 ft. 20 ft Min. Side Setback 10 ft. 10 ft. Min. Rear Setback 30 ft. >30 ft. 4 zoning compliance A pre-existing non-compliance The maximum height for all structures shall be no more than twenty-five feet above the average pre -construction grade adjoining such structure. The applicant has proposed a height of 35 feet and thus is not in compliance with this criterion. However, Section 4.08 (F)(2) of the South Burlington Land Development Regulations allows that the maximum height of a structure may be increased to thirty five (35) feet if approved by the Development Review Board subject to Article 14, Conditional Use Review. The standards for this review are outlined below. CONDITIONAL USE CRITERIA Pursuant to Section 12.01(D) of the South Burlington Land Development Regulations, the proposed structure shall be reviewed as a conditional use and shall meet the following standards: The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. Staff feels that the proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. According to Section 4.08(A) of the Land Development Regulations, the Lakeshore Neighborhood Zoning District is formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Lakeshore neighborhoods located in the vicinity of Bartlett Bay K C LI Road and Holmes Road. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year round residences. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Staff feels that the proposed project is consistent with the stated purpose of the Lakeshore Neighborhood District, which is "to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Homes Road." The Development Review Board must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. The proposed project will not adversely affect municipal services. This addition will have no impact on educational facilities. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. It is extremely unlikely that this proposed addition will generate any additional traffic. Any traffic that is generated by this addition will be negligible in its effect on the neighborhood. (d) Bylaws in effect. The proposed project meets all of the dimensional standards of the zoning district, with the exception of height which may be waived as stated above. (e) Utilization of renewable energy resources. The proposed project will not likely affect renewable energy resources. (0 General public health and welfare. The proposed project will not likely have an adverse affect on general public welfare. 3 C Pursuant to Section 3.06(J)(3) of the Land Development Regulations, the proposed building expansion shall meet the following standards: (a) views of adjoining and/or nearby properties; It is difficult to assess how this proposal will affect the views of adjoining and/or nearby properties. This neighborhood is located very close to Lake Champlain and so it is somewhat possible that some favorable views exist. However, from Staff's site visit to the property, it does not appear that this addition would impact those views. The Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (b) access to sunlight of adjoining and/or nearby properties; It is also difficult to assess this criterion. This neighborhood is very dense and homes are very close together. However, from Staff's site visit to the property, it does not appear that this addition would deny neighboring property owners' access to sunlight. Again, the Board should carefully consider any testimony on this matter presented from neighboring property owners who may present a clearer picture. (c) adequate on -site parking; and Adequate on -site parking exists and the proposed addition will not have an undue adverse affect on adequate on -site parking. (d) safety of adjoining and/or nearby property. The proposed addition will not have an undue adverse affect on the safety of adjoining properties. Pre -Existing Structures along Lake Champlain and within Queen City Park This proposed expansion shall be reviewed under Section 12.01(D) of the SBLDR which includes all lands within one hundred fifty feet horizontal distance of the high water elevation of Lake Champlain. The expansion and reconstruction of pre-existing structures on these lands may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. The existing structure meets this criterion. b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. The proposed expansion is no closer to the lake than the existing structure. rd c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent larger than the footprint of the structure lawfully existing on April 24, 2000. The proposed expansion meets this criterion: the expansion is 49.9% of the existing structure. d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. The applicant has submitted a sufficient and well -planned erosion control plan. e) A landscaping plan showing plans to preserve maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake andlor stream. The plan indicates that all trees will remain and meets this criterion. RECOMMENDATION Staff recommends that the Development Review Board approve Miscellaneous Application #MS-08-02, subject to the applicant addressing the numbered conditional items in the comments section of this report. AResfully submitted,ssoCathyaciaFLaRose, Associate Planner Copy to: Mark Kelley, applicant 61 ASPHALT ROOF XTEND EXISTING CHIM. SHINGLES AS REQUIRED FOR DRAFT ALL LOCATIONS, --- --------- --------------------------- W1#D- OINT F ROOF IIN I Will 11111 ,hBER-CEMENT Ill Now Th - - - - - - - - - - - - - - - - - - - - - fYWQ-U - - - - - - 3r-a" ird Floor o b, 10 01 b ITE TRIM 21 Extati-8ng 50cmd Floor — — — -- — — — — — — — — — — — — — — — - - IIPi IIIIII II loll 1 10,11,10, 1!1. 111,1111 11 FRANCIS SULLIVAN_ wvr,-T-- CHITECT 3t:- W- Vr 05M M. 002 238- EAST ELEVATION \-�Scole: 1/8' — 1 '-0'- 111111- 4. 2008 elley Residence So. Burlington, VT F, i iI I IP OF BANK APPROX. I 'EROSION CONTROL: i STAKED SILT FENCE WITH STAKED HAYBALE BARRIE 0 I i N II o N m �i im I I EXISTING DECK i I 24'-0" I I I EXISTING SINGLE i FAMILY DWELLING I i � M � I I I I I 29'- ' 1 Landin I o DRIVEWAY N I I R—FL_ETT BAY F?OAED EXISTING BUILDING = 24' x 36.5' = 876 s. f. ADDITION = 437 s. f. TOTAL = 1313 s. f. SITE PLAN Scale: 1 " = 20 — 0 Kelley Residence Barlett Bay Road So. Burlington, VT DATE: APRIL 4, 2008 FRANCIS SULLIVAN ARCHITECT 7580 DORSET ST. SHELBURNE. VT 05482 ph. 802 238-0498 COPYRIGHT 2008 - ALL RIGHTS RESERVED I' l bake Ch raplai'n. (Shelburne Boy) Lave of Lake CM Y0f29j04 929 1� It 5 10tdd that na site, assessm—t of he:aroaus ur nfIler writs mcle,'Ms i,as been mode and Summit Engmeenng, Yrc, takes no r-ponsrb,trty fw any matar,alo or caalitwns thot may exist on site. the bearing shown on the property or fie I;nec nr rhis pl:m ere magnetic and fe+oted to an October, 2004 obserwtron and sub A-t fn nvtdroi change w,'Mout notie'e, the hearings a- only shown as on / oid in det*r ,`ping angular relatinnshlp between varlaus Imes and shoula no+ ae used as fhe sae RgfwkdGC a 'SubdhOsion of Conies Property at I no of Bcrt+etf Rood" doter/ ,:ornery 7951, recorded in Map vat 2a 09 24. 2 71-posed Homestewd Oes;gn, Inc. Property, South Burlington, Vermont' by CC, Bedard Voted March 3, 198J rersed S-prerober IJ 199J recorded in Map ✓ot. 1176, Pg 39 and Slide 147, f detefnnnatron of at;vnment Summit tng7rering, Inc, further ado''srs that lot Imes set forth herear, l be +aid out 'n the Feld by a Rr sed +a•,d sur vvfvr prior to r.'uasltuction or any ot4ef purpasEK. l rj lj ! MlY is a ormr., surve' basea upai C7ly of South Burlington lund rmc ds and o total stot%an/EO,N 5eld l f r J/4" i.J. iron Fire survey perfarmr•a on 10129104 j /J I j Leaning North /l rnis plot conforms fa the rraurrements of 21 ✓SA 140J. 7,0' At•ave Grade i Gerhad rj Bjornson f ¢/D Hortlett's Hay ,Road ! erh 6;runson ,y/O ecrtlett's Hof N,oaa 112" LC. r, of Pipe / 111 Bent Abe- 15' Above wade /j Petri & Dvburch ! l/ Gcibrotth \ fr�`M jl _ i „L•'d Liartlett's ScV ,Rood If Ref Vol. 20, Pg. qa / F— 1 `4 1 % / ! 1 ,r flank -i 6 J Woad !'eft `- ( `Y ' u a ° + IJl -i -_ Deck ++ _N t7•_ J3' " E t� # II �l� `— �� J & 1)el;aah f Galbro,th ,ssfti© Bartlett's Hay Roca Location Map y r In Norfhwns7 .Side of 75' Ash Ir r L r Pr � Sewer � �atPl •�cy / l f "-N..__'J � Vaf. 46t, Pg. 69D 1/ I JesepA &Swan / r�rnnigan rE.7 Lakeview Lone Homestead Lot 7 / , [Oyi.,�1OJ�C„ «_ yp2:'r l p T- I Waod i / 11 f r —3i 4" l D Iron Pie r ~v � �!'w 'SY 1y�++..•„ wf Elhnw, dent Fast r ¢� - --r--J9erk.y. ! lr / I ei Abo✓c Grade r � Aas<d r !�f adINV en _ mama f r� l A , v7mbd-- o TT J'4 Reaar At Croon r $'<5 - 4.5„� wdr `°' �t^ !f IarjQp_ information tone Lakeshore Neighborhood 8uid,nq Coveroge - 20T refs/ +ref vino.. - 4„},' Franfyofrt Setbar* - 20' Sld,, a-d Setback 10' Rau ywd Setbock - 30' LBQBP�erty R 0W Line lane Beare f W L'�., 97 r� /' r / _ I I r --- — — — --Eosnrr,ert Lee �4:•�.9�rI1I� ester.. ,4elaw Grade d'' �o� 1 lu'1 F! t 4Dr \ se e Reber At Frode ,r N /F ti l ✓•rams & Jone tamphe;! s+ ` t64 Rarlfetl •s Ray Road r Ref Val 20, Pg. 95 J/4' ;.U. Ilan ripe w/ c:r ped Tap -•tie 0,1' Below grade William U. f lrnders ,04 Reba 2 Rar flat t'e Roy Road w/ , A! CO Cap � Y 06' Above grade J r u'14' t D. Ira` Prpe• Rent Southwest I n GRAPHIC SCALE Il /^ I xo V 10 sea 4W eo I I NU_ AM I inch 20 tL '� r % ! 300�' Jf'< 1 �'� �•.,r� _,._, _ l r ^7 yr `t., z.Woadan lance r! % '--"_7C+:,ry J� • L1.,("__. _"1 �j '� M ; - .= wi a tense R—nahls Rwlrar — Crude ••.S` � YOp ,. 8'? At Q ve Grade r 0/E%7 Osarhuod Electric/ralcphona I f `� 0 10' wesi at tine _ _ — _SS— — — — Sewer f ine l l l Pv+rd \ \ �'-� �/-� .. ,,,69' .North at rY iron Lrv:n fron Yip. ' I 1 0' Abow Grade r ® Sewer Manhole Rob- found trancs & .tone ` i� l / fJ ;,an Pipe Found Campbell v' 1 r if I nt ,(l64 Rnrtrett'S Ray Road 'o .:/4" free pow to He Set w/Cup rS68 0 Lakeview Lane 1 IF j17� l Homestead lot 2 t J a Own— of Reaofd Mork V. & i Iso H. Kelley J ( RCf Vol 22,, Pg' 244 and Vol. 22,66 2, ✓g. J09 hJ ! rag Map Pacof 0130-00056-R N fff J N/F 016 Aar— East of Stmi-I If Richard & Morgamt 0. 11 Acres West or Streal iD Aran Eyre 0.21 Acres Total ,w Rortiett's Ray pocd r1.3' Above Grnn'e I If - BCSUNDARY SURVCY 12/6/C Ream LY'AIAFVC . ( � w/ pA1C'O Cap N_ INUMMIT ENCINEGR1Nta,MC _ MARK & USA B1 t7.4 ee:ow Grade KEU_EY WKc•�te (7 Wm4rc rr,'}i1`iw '\EROSION CONTROL STAKED SILT FENCE WITH II STAKED HAYBALE BARRIER I `I cq 'I F I I e•-3- EXISTING DECK EXISTING SINGLE FAMILY DWELLIN( —9' 1 Lon dirf I DRIVEWAY -I I tone 50'-0- F?TL_ETT BAY F?OALD EXISTING BUILDING = 24' x 36.5' = 876 s. f. y ADDITION = 437 s. f. TOTAL = 1313 s. f. SITE PLAN Scale: 1 " = 20 — 0 Kelley Residence Barlett Bay Road So. Burlington, VT DATE: APRIL 4, 2008 FRANCIS SULLIVAN ARCHITECT 7580 DORSET ST. SHELBURNE, VT 05482 ph. 802 238-0498 COPYRIGHT 2008 — ALL RIGHTS RESERVED -1\ Permit # ' •s - APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation ( ) Request for a conditional use () Request for a variance (X) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): f WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? NIA 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): MAi4K D. � LrSA N- KE.L-t-EY / P/NNACLE DR. S'. BuI'?L.,V-r (P) iQQ2•- l3(e/+ -3000 (Fr) 802 -OG5 -z5ga 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) SAME A5 OWNER 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): SA8dE 5) PROJECT STREET ADDRESS: fa(o BARTLE TT 13AY RD , 6) TAX PARCEL ID #: 0130 — 000 trap 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): .S'11VOLE FAMILY FZF__c;iDEtVCE B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): SAM E C. Total building square footage on property (proposed buildings & existing building to remain): P71a _C'QUARr FEET D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): R ) FCaT 3 FLOORS s RASEMENT E. Number of residential Units (if applicable, new units & existing units to remain): o r.l F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): n/ /A G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): 771C REHAB OF DIE SOLD/64 rQ Eh/r-.RCa)l SrAf? STANDARDS i_S' Ex PE["►-F() Try PRoQjJCE A (4Q9a KE'DUCrION iN CNrR_C-jY uSAQC PER S-q UARE: FV07r. 8) LOT COVERAGE A. Total parcel size: 5+00 Sq. Ft. B. Buildings: Existing Cl % / e7 (c Sq. Ft Proposed 12, :'3 % / 1,313 Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing 9 % I P7L- Sq. Ft. Proposed 17 % / 1633 Sq. Ft. D. Total area to be disturbed during construction: 13 to Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES A. Building (including interior renovations): $ 150 1-0 2 C0 K B. Landscaping $ 10 K C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): 2 iN 2 vt>T B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DA 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): PETER r DEBORAH GAL.BRAI TH &S BARTI.ETT BAY PD . S0, BURLINGrON, VT 05403 FRANCAS 5 JANE CAMPBCLL_ (p+ BARTL.E T T BAY R0. So. 5tJRLIm(�TOi\11VT 05+03 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE'OF APPLICANT IGNATURE F PROPER OWNER Do not write below this line DATE OF SUBMISSION: l I v REVIEW AUTHORITY: evelopment Review Board ❑ Director, Planning & Zoning I have re�vZOIMP d this application and find it to be: ❑ Incomplete of Planning & Zoning or Designee October 9, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: Minutes — #MS-08-08, 66 Bartlett Bay Road Dear Mr. Kelley: For your records, enclosed is a copy of the approved September 2, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, 66�46-1j� Betsy McDonough Brown Planning & Zoning Assistant Encl. �?'a Da,5s*t. Street S:, h 0ur;'ngi4rr. V 054K,11 tol 'SU.. 4J ,VAS lax �3i3':.t;iti.w €71 a �as,zbif3.c,)rn DEVELOPMENT REVIEW BOARD 2 SEPTEMBER 2008 be a second location for their business in Richmond, namely day care and boarding pets overnight. Ms. Schey said she believes the application was incorrectly filled out and didn't include the overnight boarding. They are now trying to get that approved. There will be no changes to the property. Ms. LaRose directed attention to letters from neighbors and from the City Manager regarding noise concerns of neighbors. Ms. Schey said she had talked with Mr. Hafter. They got one warning in September, 2007, about noise but nothing since then. Neighbors indicated they had made numerous calls and have spoken with Mr. Hafter 5 or 6 times since September, 2007. Mr. Behr explained that the ordinance that controls noise is separate from the DRB review process. Ms. LaRose indicated that the Planning Dept. does not sent notices of violation of noise regulations. She explained the limited budget the city has for legal issues and noted that only the City Manager can make a decision to go to court on these matters. She stressed that the DRB has no recourse but to allow a permitted use, which this is. She suggested that neighbors go to the City Council and to the Planning Commission who make the rules under which the DRB functions. Mr. Plumeau suggested neighbors try to work out issues with the applicant. He added that the Board can only make decision based on the criteria they are allowed to consider. It was suggested that the outdoor run might be moved to get the dogs further from the residential properties. The applicant said they are willing to look at that. Members agreed to continue the application to allow that discussion to take place. Mr. Plumeau moved to continue the application until 16 September. Ms. Quimby seconded. Motion passed unanimously. O5Miscellaneous Application #MS-08-08 of Mark & Lisa Kelley to reconstruct a 2-story single family dwelling with an 876 sq. ft. footprint and construct a 437 sq. ft. footprint 2-story addition (not to exceed 25' in height), 66 Bartlett Bay Road: Mr. Belair noted that because this is new construction, it will have to meet setback requirements. The approval motion was amended to correct the numbering. Ms. Quimby moved to approve Miscellaneous Application #MS-08-08 of Mark & Lisa Kelley subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. -2- r ISOI \� 6�11 southburlington PLANNING & ZONING September 9, 2008 Mark & Lisa Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: Miscellaneous Application #MS-08-08, 66 Bartlett Bay Road Dear Mr. & Mrs. Kelley: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board on September 2, 2008 (effective September 10, 2008). Please note the conditions of approval including that a zoning permit must be obtained within six (6) months. If you have any questions, please contact me. Sincerely, "1 Betsy McDonough Brown Planning & Zoning Assistant Encl. lmz 0150 00O3 lQ1SD b0nl 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com ut on PLitNHWIWY & z a N I N G September 3, 2008 Francis Sullivan 7580 Dorset Street Shelburne, VT 05482 Re: Miscellaneous Application #MS-08-08, 66 Bartlett Bay Road Dear Mr. Sullivan: 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, *E-q&k)k- .Betsy McDonough Brown Planning & Zoning Assistant il' Dus iMt Strv-at 53tji r P.°urixngic;i.','r Olii `3 t*1 5014 846,Cq6 lax LU1.,446.4�01 °rrwx—sbuO.rMm or h P L A N N t N G 0Nlk6 August 21, 2008 Mark & Lisa Kelley 1 Pinnacle Drive South Burlington, VT 05403 Dear Property Owner: Enclosed is the draft agenda for the September 2, 2008 South Burlington Development Review Board Meeting. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public meeting is being held regarding the proposed development. The official agenda will be posted on the City's website (www.shurl.com) by the Friday prior to the meeting. PLEASE NOTE A CHANGE IN LOCATION FOR THIS HEARING: The hearing will be held at South Burlington High School in Cafeteria 3, 550 Dorset Street. There will be signage directing you to Cafeteria 3 once inside the main entrance to the school. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Si Betsy McDonough Brown Planning & Zoning Assistant Encl. 67s Cltrrs�,,t street S-AoOt ? tKrl: r,;i n, YT 0S,03 tel W 84t. tOd lax 1111:.E14E,4', t vvr w,,%bu^'.c,2m { PLANN1-" & z0NING August 20, 2008 Peter & Deborah Galbraith 68 Bartlett Bay Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the draft agenda for the September 2, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. The official agenda will be posted on the City's website (www.sburl.com) by the Friday prior to the meeting. PLEASE NOTE A CHANGE IN LOCATION FOR THIS HEARING: The hearing will be held at South Burlington High School in Cafeteria 3, 550 Dorset Street. There will be signage directing you to Cafeteria 3 once inside the main entrance to the school. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, � Iv Betsy Mc onough Brown Planning & Zoning Assistant Encl. 57I Dur:It Street Suut, 9:zrl y; :ti,'a'T PS4, 3 trl eQ2 toy, 4'Dl tax 802,0466 11tlt '!`C R' w, i b it r k, c ym southburlington PLANNING & ZONING August 29, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: 66 Bartlett Bay Road Dear Mr. Kelley: 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, Sept 2, 2008 at 7:30 p.m. PLEASE NOTE that this hearing will be held in Cafeteria 3 at South Burlington High School, 550 Dorset Street. If you have any questions, please give us a call. Sincerely, e7 uffv�-�- Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com v Permit # h5--Ob - 4 APPLICATION FOR THE DEVELOPMENT REVIEW BOARD All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month. That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Type of application (check one): ( ) Appeal from decision of the Administrative Officer (includes appeals from Notice of Violation () Request for a conditional use ( ) Request for a variance (X) Other PROVISION OF ZONING ORDINANCE IN QUESTION (IF ANY): JA WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING ? N JN 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone & fax #): MAi4K D< j LfSA H- KELLEY I PIIVN tCLE UFO 5 EuRt ,VVra (P) 802- 1:3&4 -3000 Cam') 6a2 -aG5 -2-5C1a 2) LOCATION OF LAST RECORDED DEED (book & page #) 3) APPLICANT (name, mailing address, phone and fax #) SAME AS OWNER c 4) CONTACT PERSON (person who will receive staff correspondence. Include name, mailing address, phone & fax # if different from above): SAME 5) PROJECT STREET ADDRESS: (n(a BAR7'LE 7-T eAY RD . 6) TAX PARCEL ID #: 01 .30 — 00O 00 7) PROJECT DESCRIPTION A. Existing Uses on Property (including description and size of each separate use): .S' r n! Q r_.6 r- A iV'I 1 I-Y R F_ c; t U E AI CE B. Proposed Uses on Property (include description and size of each new use and existing uses to remain): SAME - C. Total building square footage on property (proposed buildings & existing building to remain): D. Height of building & number of floors (proposed buildings and existing buildings to remain, specify if basement & mezzanine): 26 FEET R ri-c cgs s RR cE mEN T E. Number of residential Units (if applicable, new units & existing units to remain): o NE F. Number of employees & company vehicles (existing & proposed, note office vs. non -office employees): ►v/A G. Other (list any other information pertinent to this application not specifically requested above, please note if overlay districts are applicable): AiEW -5-rP06f0e, 7-tl W-w &E�rwpfi.4.W'-f uJl 45 /�PGJr rf3T,c� � i'175- cs�-dam 8) LOT COVERAGE A. Total parcel size: q +00 Sq. Ft. B. Buildings: Existing q % I e'7 {c Sq. Ft Proposed r 2, ,. % I _ 3 1 -3 Sq. Ft. C. Overall impervious coverage (building, parking, outside storage, etc) Existing 9 % / P 7 (c Sq. Ft. Proposed t 7 % I t &-3 3 Sq. Ft. D. Total area to be disturbed during construction: 13 k Sq. Ft. * * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation 9) COST ESTIMATES A. Building (including interior renovations): $ � coo B. Landscaping $ 101-� C. Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC: A. Average daily traffic for entire property (in and out): 2 IN 2 vt>T" B. A. M. Peak hour for entire property (in and out): C. P.M. Peak hour for entire property (in and out): 11) PEAK HOURS OF OPERATION 12) PEAK DAYS OF OPERATION 13) ESTIMATED PROJECT COMPLETION DATE 14) LIST ABUTTING PROPERTY OWNERS: (list names and address of all abutting property owners, including those across any street or right-of-way. You may use a separate sheet of paper if necessary): PETE-R i DCOCRAPI GA1_BRA1 -rH fu 8 BAR-r1-ET-T BAY R d . ,50, Buf�c.WcgroN; VT 054,03 FRAHCAS 1ANE CAMPE3Gt-t-.- (P+ 85ARTLE i T a,0,y 9D. So, 8 U R L r �JG-roi'J; VT 05+03 I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE'OF APPLICANT IGNATURE F PROPER OWNER Do not write below this line DATE OF SUBMISSION: /' OlPld8 REVIEW AUTHORITY: Development Review Board ❑ Director, Planning & Zoning I have revi ed this application and find it to be: COMPLETE ❑ Incomplete of Planning & Zoning or Designee May 22, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: Minutes —66 Bartlett Bay Road Dear Mr. Kelley: For your records, enclosed is a copy of the approved May 6, 2008 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. U5 Dmrs*t Strad VT Wj463 1s1 M,W t,3i •imn till! •1f.M1t1I ww:vi sbus - craze DEVELOPMENT REVIEW BOARD 6 MAY 2008 Miscellaneous application #MS-08-02 of Mark Kelley to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road: Mr. Fitzpatrick said they are withdrawing the request for a height waiver and will comply with the 25 foot height limit. Residents said they would like to see what is proposed. Mr. Dinklage said the DRB does not control single family homes unless waivers are required. He noted that an L-shaped addition is being proposed. Mr. Bruhn said the neighbors are concerned because there was a lot of surprise when the house across the street was built by Mr. Kelley. Mr. Belair said the addition proposed is 437 sq. ft., which is within the regulations. Mr. Dinklage added there is no incursion toward the lake. Mr. Stone asked where they will be parking cars. Ms. Sullivan said there is a 2-car garage in the addition and 2 parking spaces out front. Mr. Belair said the stipulations will be revised to remove the height waiver. Ms. Fox asked if there will be a written decision. Ms. Brown said neighbors will get a copy of the decision if they signed the attendance sheet. Ms. Quimby moved to approve Miscellaneous Application #MS-08-02 of Mark Kelley subject to the stipulations in the draft motion as amended above. Mr. Farley seconded. Motion passed unanimously. 9. Miscellaneous application #MS-08-03 of Marcel Beaudin to amend a previously approved Plan for the reconstruction of a single family dwelling. The amendment consists of revising the location and dimensions of a deck, 5 Lyons Road: Mr. Beaudin said they had planned to salvage the existing decks, but found they were rotted beyond saving. Changes were thus made. Mr. Belair said staff had no issues. Ms. Quimby moved to approve Miscellaneous Application #MS-08-03 of Marcel Beaudin subject to the stipulations in the draft motion. Mr. Farley seconded. Motion passed unanimously. 10. Site Plan Application #SP-08-26 of Allen Road Land Company for an accessory residential unit, 78 Haymaker Lane: ` r 1 N s outhburlington PLANNING & ZONING May 8, 2008 Ed Fitzpatrick, Esq. 34 Pearl Street Essex Junction, VT 05452 Re: Miscellaneous Application #MS-08-02 66 Bartlett Bay Road Dear Mr. Gardner: 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, *&au Betsy McDonough Brown Planning & Zoning Assistant 575 Dorset Street South Burlington, VT 05403 tell 802.846.4106 fax 802.846.4101 www.sburl.com CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: NAMEMAILING ADDRESS PROJECT OF INTEREST ?,o - K 2-( ,rc-'q rid C At( t - itL Z p ce s f Ifil4or 6b � Z U o 7,lei � 2� CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: Pafl 6:1 �ok NAME CVLEAS:E Q2ktV� MAILING ADDRESS PROJECT OF INTEREST SITE- z M S '5 Ta e Lt S C I vrll' ^+0 D t4LI ci,4, A LxJ 11 A CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. §i 4471(c). HEARING DATE:�� T' NAME" 1�1�0.�c'_ 1')t' 1 MAILING ADDRESS PROJECT OF INTEREST Pre M sqa�e— S ' 'J OS Lome OA(c-Ve'v+nLkilk eV\- Ca_ IV`�C•+' �J i� � � Co Ke r r-�' Sf I, A I S l f-C CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: NAMECVeQSC- (-l'4)- MAILING ADDRESS PROJECT OF INTEREST zc_C_, Co S r( f 17 me AMousic ����u�IWpy�RpE - I I CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 9AJ 6 , 200Z NAME((�\asf pt\'fli� MAILING ADDRESS PROJECT OF INTEREST U L L I VO -x'Vs �r z -4j a / a Y Jane t-/G(l' 1�13 L�rbx el(rcic �56. B or, h n '�o �Gleh ��- R,c� C -1 130 V Z t /OF L;, l L l P 4 an \-eF � Gj"-,? (III y p �a n v N �n s L %.► (7• CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 61 NAME R e—ink MAILING ADDRESS PROJECT OF INTEREST 11V1 Aqc- (- (wske G. tC4AX0 -DA /�� _Rjef s l 4�611W- � 3 l ar l 10 �,� ` 3 ,S ) 6 Dover- St - (f CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A. § 4471(c). HEARING DATE: 44 NAME MAILING ADDRESS PROJECT OF INTEREST T, _616wn &a r- 1 'z 7J~ 5, !//ice VT-o IW0 NUKG POWu �f& in 5r'�lr C0020 J i f�k C imfliq AI4 01, i southburlington PLANNING & ZONING May 8, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: 66 Bartlett Bay Road Dear Mr. Kelley: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the South Burlington Development Review Board on May 6, 2008 (effective May 8, 2008). Please note the conditions of approval including that a zoning permit be obtained within six (6) months. Should you have any questions, please contact our office. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. CERTIFIED MAIL RETURN RECEIPT: 7006 3450 0002 0949 2397 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com A rr 40044 , ..r southburlington PLANNING & ZONING April 30, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: 66 Bartlett Bay Road Dear Mr. Kelley: 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, May 6, 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 May 6, 2008 Development Review Board South Burlington, VT 05403 To Whom It May Concern: I would like to lend my voice to others who have written or will come before you tonight regarding the proposed expansion of the Kelly property on Bartlett Bay Rd in So. Burlington. While I have no personal complaint against them as people or neighbors there new proposal has once again ruffled the feathers of many neighbors on this small closely knit street. My understanding is they propose to build a rather large addition to their home this time on the water front. The most recent property they built appears out of contortion with the other properties in the neighborhood — thus the height restriction that was most recently imposed. I leave it to you to decide if this most recent application is out of proportion — I believe to some extent a homeowner has the right to do as they please with their property — when it's appropriate for the neighborhood of which they live and others make their home. When the proposed change is out of character with the neighborhood and threatens to change the very reason why folks live their then it's very discerning and can become personal and upsetting. I hope the decision you render will be one all neighbors may live with going forward as this surely will not be the last time someone purchases a house in this lakeside neighborhood and wishes to change the physical structure to suit whatever vision they have or do not have of a neighborhood to what suits them. Best regards, Kyle Albee 55 Bartlett Bay Rd. South Burlington VT J May 6, 2008 To the Development Review Board, Concerning the miscellaneous application #MS-08-02 of Mark Kelley for to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Road. We have lived at 69 Bartlett Bay Road since 1990 and have seen many changes to the neighborhood as the old camps have been replaced by or remodeled into year-round houses. Most of these changes reflected a respect for neighbors and were built to a scale appropriate to our neighborhood. While the houses have like everywhere been getting larger, the lot size has been a limiting factor keeping all houses within a reasonable size. Thus to certain degree the integrity of our neighborhood has been preserved. We therefore oppose extending the footprint of the house beyond normal setbacks. Another concern we have is the height. The lakeside of Bartlett Bay Road is in a certain way something shared by the entire neighborhood in their walks down the street as well as the views they have of the lake from own houses. A recent remodel on the lakeside of the street brought the height of that house up to 25 feet. Even at this height some of the views we have of the lake from our house are blocked We therefore oppose any remodel height over 25 feet. Anything higher than 25 feet does not fit into the scale and design of the houses on the lakeside of Bartlett Bay Road. Thank you for your consideration, J r G.H. Bowers, Jr. 56 Bartlett Bay Road So. Burlington, VT 05403 May 6, 2008 South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 Dear Members of the SB Dev Review Board, My wife is recovering from major surgery. So, we are unable to attend the hearing tonight re the request by Mark Kelley for a height variance for his proposed project at 66 Bartlett Bay Road. We are strongly opposed to the granting of this request for the following reasons: 1) Mr. Kelley has already constructed a residence on Bartlett Bay Road. While that structure may have been legal, it was wrong for the neighborhood. In constructing that residence, Mr. Kelley showed his complete lack of regard for his neighbors and the character of the neighborhood. To grant the current requested variance would be to add insult to injury. 2) The City zoning rules are designed to insure that structures conform to the overall character of neighborhoods and to meet the intent of the City and its residents as the rules were drafted and promulgated. This request is clearly not consistent with the intent of the zoning regulations for our neighborhood. We urge you not to approve the current request for a height variance, or, for that matter, any request for a variance, for construction at 66 Bartlett Bay Road. In addition, we urge any members of this Board who may not have toured our neighborhood since Mr. Kelley's first project on our street to do so. It will be abundantly and instantly clear to you why we are so opposed to this request. Sincerely, % 9 W/ Z �� G.H. Bowers, Jr. l April 28, 2008 To: Members of the South Burlington Development Review Board From: Francis and Jane Campbell 64 Bartlett Bay Rd. So. Burlington. Vt. Re: Miscellaneous Application #MS-08-02 of Mark Kelly to construct a 437 sq. ft. addition to an existing dwelling with an 876 sq. ft. footprint, 66 Bartlett Bay Rd. As abutting neighbors we oppose any waiver which would allow the Kelleys to exceed the zoning height regulation of 25 feet for the proposed structure at 66 Bartlett Bay Rd. for the following reasons: Our view of the skyline from our north facing windows (6) would be almost obliterated by the construction of a 3 story building with a top floor of 1500 square feet and a wide dormer gazing down on us. The 3 story structure proposed by the Kelleys for 66 Bartlett Bay would be the same width-30 feet, and only 4 feet shorter, than the non -conforming 4 story structure of 30 ft. width by 39' 11" height at 65 Bartlett Bay Rd., also owned by them. If waivered, the proposed structure for 66 Bartlett Bay Rd. , together with 65 Bartlett Bay ,.erected on the smallest lots in the neighborhood, would result in a "Twin Towers" appearance, incompatible with an established neighborhood and overwhelming to our abutting property. Thank you for your attention. Jane P. Campbell f rancis L. Campbell r :600101� southburlington PLANNING & ZONING April 18, 2008 Francis & Jane Campbell 64 Bartlett Bay Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of the agenda for the May 6, 2008 South Burlington Development Review Board meeting. It includes a proposal that abuts property you own. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the scheduled public meeting. Sincerely, Betsy McDonough Brown Planning & Zoning Assistant Encl. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com l 76 Bartlett Bay Road South Burlington, VT 05403 May 2, 2008 John Dinklage,Chair Development Review Board %So. Burlington Planning and Zoning 575 Dorset Street So. Burlington, Vermont 05403 Dear John, I strongly object to any waiver to the current height restrictions for houses in the Bartlett Bay neighborhood. After the Kelleys built a three story dwelling on Bartlett Bay Road several years ago, the City wisely instituted height limits more in keeping with the scale of other housing in the neighborhood. As a property owner (76 Bartlett Bay Rd.), I would urge the Development Review Board to observe those height limits. Thank you for your consideration. ( Sincerely, Rosa lee Sprout �� 1 lift suthburtinato , PLANNING i ZONING May 2, 2008 Mark Kelley 1 Pinnacle Drive South Burlington, VT 05403 Re: Bartlett Bay Road Project Dear Mr. Kelley: Enclosed are some materials submitted to the Development Review Board via Planning & Zoning Staff that we received today (Friday, May 2, 2008). Since they concern your property on Bartlett Bay Road, we are providing you with copies. Should you have any questions, please do not hesitate to call. Sincerely, Betsy M o uphBQro Plannin bz' c ping Assistant May 2, 2008 Development Review Board South Burlington Cqy Hall South Burlington, Vt. 05403 To Whom,4t Yay Con �y We, the ,undersigned members of the Bartlett Bay/Lakeview Lane neighborhood, object to a waiver request by Mark and Lisp Kelly to -increase the current roof height of their lakefront house at 66 Bartlett BaV oad. In 20055, the Kelly's built a 4 story house at 65 tartlet .Bay Road, just ugder et high. Shortly after this home was built, members of the aPW oing Commission, inclutting Julie Beth Hinds, walking through neighborhood on ther matter aW saw the adverse impact of the Kelly'§ �puse on"l'he neighborhood. Within a short time zoning heiobrestrictions for the Lakeview Neighberhood were amended tb 25, feet. We do not 'want to see a repeat of such a structure in our neighborhood. Therefore, we request that the wajvyer for additional height to the roof lines at 6kBartlett Bay Road be denied and the current roof height maintained. NAME 1.� 2. 3. pro fag ILI 6. 7. 8. 10. M 5 M)DRESS Im 11. NeZ��rILl -4 , 4 - --? -Q- 't +P Rd, 13. fz�4,41�7 14.Z,-4- 15. 16. 17. A i o e ct 18. , 19. I /'f 20.--- 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. s _6�, a ': ` ( •-•y�^ ,,.,r••�-ear Jt� 6v�s�✓�� g � ate �y t � a _ l a� \r a � 'V so 7SO N, I 7,7 WiN MW rlhk- lem W OWN. 'IPA , , emlkw w.,.-_4 FT 45 4�wr�O-L- - own 117 1, -10 it L ; rGahm, A V� AIR _ i...J ` ' .tea ,.�+=- '�>•(FL ,'� }����� - �2-__`;__.-' _. �,v MAY-03-2008 02 : 15 AM Rs SPROUT-E. AMES 305 292 6246 P. 01 76 Bartlett Say Road South Burlington, VT 05403 May 2, 2008 John Dinklage,Chair Development Review Board %So. 8urlInVn Planning and Zoning 575 Dorset Street So. Burlington, Vermont 05403 Gear John, I strongly object to any waxer to the current height re"ons for houses in the Bartlett Say neighborhood. After the Kell" built a three story dwelling on Bartlett Bay Road several years ago, the City wisely instituted height limits more in keeping with #t'tie scale of other housing in the neighborhood, As a property owner (6 Bartlett Bay Pd.), I would urge the Development Review Board to observe those height limits. Thank you for your consideration. S"rely, Rosalee Sprout I C Peter D. Galbraith Deborah B. Galbraith / 68 Bartlett Bay Road South Burlington, Vermont 05403-7737 RE g 4 A 802-862-7623 40 South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 To: Members of the South Burlington Development Review Board From: Peter 8v Deborah Galbraith 68 Bartlett Bay Road South Burlington, VT 05403 Re: Application #MS-08-02 of Mark Kelly of 66 Bartlett Say Rd - a property that abuts our property As abutting neighbors we oppose any waiver that would allow the height of the proposed dwelling to exceed the current zoning limit of 25 feet. Combined with the Kelley residence across the street at 65 Bartlett Bay Road, the proposed dwelling would adversely affect the character of the neighborhood. The proposed house would also overwhelm the residence immediately to the south at 64 Bartlett Bay Road. On April 30, 2008 Julie Beth Hines in a conversation with the other abutting neighbor, Jane Campbell (62 Bartlett Bay Road) affirmed that after she and members of the Planning commission, in the neighborhood on a separate matter, viewed the height of the structure at 65 Bartlett Bay Road, they promptly adopted a maximum height of 25 feet for structures in the Lakeview neighborhood. Thank you for your consideration. Sincerely yours, e,� -6 Deborah B. Galbraith �15it5r�.�M1�� Peter D. Galbraith SHEAER 66 Bartlett Bav Road Area zoned R-4 District Section 13.00 Non -conforming uses & structures - existing building 30'x36' one level dwelling unit is non -conforming to dimensional requirements Section 11.00 Dimensional requirements: minimum lot size 10,000 square feet with 100 foot frontage Existing 6500 square feet with 50 foot frontage Minimum side yard 15 feet - existing (north side) 7 feet and (south - side) 13 feet 150 feet setback from high water mark required - existing 60 feet - Fair market value (City records) land $11,825 - building 12,875 total $24,700 Estimated construction cost $35,000 September 9, 1983 Mr. Williana Shearer 66 Bartlett Bay I3aad South Burlington, Vermont 05401 Dear Lill: This office has observed that you have constructed a deck to within approx- imately one foot of your property line. Be advised that decks are subject to the minimum set back requirements. The variance approved on March 9, 1981 did not include a deck. The deck will involve a waiver by the Zoning Board of Adjustment, presently you are in violation. I suggest you take corrective action immediately. Very truly, Richard Ward, Zoning Administrative Officer M/Mg No Text NOTICE OF APPEAL / SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant �, i, /t , .. �i ��I n �i %',/v� '.� �/`/1,�1,�..lr� r•... I�nr ,i \�;�`S`i .� i - _�. Name, address I 1 .i, of property owner ' �A' ��, �1 �� U �" )�rr", �i 7 A( -A- I 44 L Y. .l 1 /n r i , i i i; r,- Property location and description Al t -.(U 1 I"'�+' 1 I hereby appeal to the Zoning Board of Adjustment for the followi6k: 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 pa the hearing fee of $30.00 which is to off -set the cost of the hearing. Baring 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 A , -�7 *A e." frt 1 f e / , at (day of w ek) (month and date) time to consider the following: Appeal of seeking a n-,-� .`.c.1 , from Section le- <� �'—,c:,�,�, ,`o 44 11411 of the South Burlington Regulations. Request is for permission to O X3 C! ` C � � d r -tks �t -ff'� L„� •� 4 ,r%1,, f - . f. o'% r "? ' f p'L�'Yi• t ,�,.,y v4i i ,,.,, , a ,�+ � ✓`',�.,,,A" �j .�� ! r! i/`,,Iyn„�+Yf �, I � lD V� /� i ��..+"'�! DATE -4z In No i JOB AUX, 1.J I i 0 -&-/ Z��C" t� �i� - I X/o, I ,4 r1. LEGAL NOTICES SOUTH §URLINGTON ZONING NOTICE 'iIn accordance with the South Bur- llnoton Zoning Regulations and Chopler 117, Title 24 V S A. the South Burlington Zoning Board of Adjust. ment will hold u oubllc hearing at the South Burlinglon Municipal of. fires, Cr,nferenre Ronm, SIS Dorset $treet, Su An rurlo.uton, Vermont on Monday, March V, ITAI, of S 00 P M 10 cunvder the following No I Appeal to William R Shearer seeking a variance, from Section 12 00, Nonconforming uses end strue- tares 01 the Sr,ulh Burlmalon Regu- lations Request Is for permission to reconsiruct on existing P ■ 36' s7M ale family dwelling olio rnn Slrurt a second Story, Sold dwelling Is non- conforming 10 the dimenSlonol re- ouiremenrs, of A6 Bartlett Bay Road. No, 2 Appeal of Maryanne E O'Ma11eV Seeking a Variance, from Section 11 15, Multiple uses and Sec- tion 1000 Permitted uses at the South Burlington Regulations Re - Quest Is for permission to occupy a portion (750 square feet) of an exlsl- Ing building as an office for Standard Register In conjunction with the ex- Isting use, Avis Rent-o-Cor, 1U4 Williston Road. Richard Ward, Zoning Adminsitratiw Officer February 21,,1") .r February 23, 1981 Mr. William R. Shearer 66 Bartlett Bay Road South Burlington, Vermont 05401 Re: Zoning hearing Dear Mr. Shearer: Be advised that the South Burlington Zoning Board of Adjustment %1 will hold a public hearing at the South Burlington Municipal complex, Conference Room, 575 Dorset Street on Monday, March 9, - 1981 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend. Very truly, M� Richard Ward, Zoning Administrative Officer ,1 I g r RW/mcg CITY OF SOUTH BURLINGTON ZONING BOARD William Shearer Request for Variance March 9, 1981 I. PHOTO OF EXISTING STRUCTURE II. PHOTO OF PROPOSED STRUCTURE III. LOCATION OF SITE IV. STATEMENT FROM NEIGHBORS EXISTING STRUCTURE r '� •ht c c N � W--4— E S aov lz �. �r 2 � VVV q9 �. IRISH �� o REED 3 '>P r CORSKI FARMER _ �' " 1.1 1p0 BUTTERFIELD o� STARR BUTTERFIELD LAKE CNMMILAIN J ter_ SHEARER CAMP BE L L -----` STEAD .-------- ------ — �' • .�.' - ` BRUHN IRISH 12 ' � Y M ' .. 6fw Y' ' -_ .- - _ ETA' ~ t, ° , u - '�i• STATEMENT'gn In regard to application by William R. Shearer seeking a variance to reconstruct an existing 30' x 36' building and add a storyvthis building located at 66 Bartlett Bay Road, South Burlington: "We have reviewed and discussed this plan and find no ob- jection to it." name address -ies ,one 'O/ SHEARER 66 Bartlett Bav Road Area zoned R-4 District Section 18.00 Dimensional requirements Minimum side yard - 10 feet Proposed construct a 12'xl5' deck ,to within 1.5 feet of the southerly property line Present structure under variance 3/9/81 P CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 May 17, 2006 DBS Limited Partnership c/o Doug Hoar, Goss Dodge 1485 Shelburne Road South Burlington, VT 05403 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. I' l CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 k , _ A May 17, 20o6 Antonio B. Pomerleau 69 College Street Burlington, VT 05401 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Under Title 24, Section 4471 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerel Betsy McDonough Planning & Zoning Assistant Encl. cc: John Kipp, Magic Hat I 50 16 50 CS4-e&-,ee,< Nbveri ber 16, 1983 Mr. William Shearer 66 Bartlett Bay Road South Burlington, Vermont 05401 Dear Bill: Be advised that your request for a variance has been granted by the Zoning Board of Adjustment. The Board will issue formal findings at a later date. If you have any questions please don't hesitate to call M. Very truly, Richard Ward, Zoning PAdministrative Officer NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant Name, address of property Property location and description { ,�� � Lt,t•,�E�.1- Lt_L -.L 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 adve isement must appear a minimum of fifteen (15) days before the hearing. I agree,to ,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 seekingrc-c- i�'l , from Section / 'J' 0 U ,�/��'��� �•,t '7w.c-,�"�,` ,r,•�",� •GLL�'e' �ro��r f,V of the South 47 Burlington Regulations. Request is for permission to i 44'"'t.'0/"i / , V~ %6C_�-'i„, �• G� �.� , + r ,I`ve, o� .�C�� �'�. /ems -2.,1414 �'''�s1 October 31, 1983 :.r . William Shearer 66 Bartlett bay iked South Burlington, Vermont 05401 Dear fir. Shearer: Be advised that the :youth Burlington toninq Board of luxjustrxr nt will hold a public hearing at the Municipal Offices, Conference Room, 575 Dorset street on Monday, November 14, 1983 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. Very truly, Richard 'Ward, Zoning Administrative Officer RW/rrCg No Text o a trill 4. r 8 1 .10 IL 31 �" • �� � k S!' 3�� ''� yam,, a ;;� � a S� _1