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February 6, 1974
Midas Muffler
Mr. David Brassard
699 Pine Street
Burlington, Vermont 05401
Re: Zoning Appeal
Dear Mr. Brassard:
Be advised that the South Burlington Zoning 9oard of Adjustment
will hold a public hearing at the City Offices, Conference Room,
1175 Williston Road on T'q.!p , February 21, 1978 at 5:00 p.m.
to consider your request for a zoning appeal.
Please plan to attend.
Very truly,
Richard hard
Zoning Administrative Officer
R'h,/mcg
NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
I hereby appeal to the Zoning Board of Adjustment for the following:
conditional use, variance, decision of administrative officer.
,t
Property Owner TA.,,�. C. S�MS54 v7 1 — M4at f J . �retri A✓J [ 1Mvs. LA /44as
Property location & description
. a p
Variance of Section 11. 60 . Areo_v►: fl �r �AaA• 17�wsh aiaww� e4 w re vu a w�' S
(number) (title of section)
Basis of appeal fo a1Law Seeylc2 o.s a peeo"Hvjl %ks¢.
I understand the regular meetings are held twice a month on Monday
at 5:00 p.m. at the City Hall, Conference Room. The legal advertise-
ment must appear in the Burlington Free Press a minimum of fifteen
(15) days before the hearing, I agree to pay a fee of $30.00 which
fee is to off -set the costs of advertising and the hearing.
Hearing Date Signature of Appellant
111178
---------------------------------------------------------------------------
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 City Offices,
Conference Room, 1175 Williston Road, South Burlington, Vermont on
, at to consider the
(day of week) (Month and date) (time)
following:
Appeal of 0
seeking a from Section 7, 04>
+�� //, oar-sr�s..a..u.•P,, �.. ,;.. ;,�:.., of the South Burlington
Zoning Regulations. Request is for permi ion to i2�� r 7i .� � .o�44,
+,N•;,t ,�, D �S �o f. �-•�-s .,�. �,/��c.:"s"�^°d u.��._.to� <�,1"u
A1-4t
SONDIK of YERMONT
A DIVISION OF
NORTHEAST BUILDING SUPPLY CORP.
Plumbing • Heating • Sheet Metals • Building Materials
716 PINE ST. — P.O. BOX 965 — BURLINGTON, VERMONT 05401
802-864-6806
To Whom It May Concern:
DISTRIBUTORS OF:
KOHLER PLUMBING FIXTURES
MANSFIELD FIXTURES
MOEN FAUCETS
A.O. SMITH WATER HEATERS
ONEIDA FURNACES
HYDROTHERM C.I. BOILERS
CROWN STEEL BOILERS
ELKAY STAINLESS STEEL SINKS
MASTIC VINYL SIDING
This is to advise the concerned parties that Midas Muffler
of 699 Pine Street, Burlington, creates no unnecessary
noise throughout the year.
incerely,
Robert Greenough
A V
JANITORIAL SUPPLY COMPANY
BOX 705
BURLINGTON, VERMONT 05401
PHONE
802-862-5181
2/27/78
To :,Thom It May Concern:
This is to advise that Midas Muffler
of 699 Pine St., Burlington, Vermont has
been located across the road from our Company
for many years and even in the summer, we never
hear any unnecessary noise from their shop.
aincerelym
696 Pine St.
Burlington, Vt.
Supply - Merchandising - Sales
I k ) of building materials for the retailer
2/27/78
To Whom It May Concern:
This is t-.1-, advie-e that Midas Muffler of
699 Pine Street, Burlington has never created
any unnecessary noise from their shop.
Sincerely,
r-
P.O.Box 825, Putney Road, Brattleboro, Vermont 05301 (802) 254-6023
683 Pine Street, Burlington, Vermont 05401 (802) 658-3974
200 Bouchard Street, Manchester, New Hampshire 03103 (603) 669-2706
�A 56fd TeAtoAmajec Company"
I
ANGELL'S AUTOMOTIVE SERVICE, Inc.
e�o,o• CRANKSHAFT GRINDING, CRANKSHAFT REBUILDING f •
MAGNAFLUXING AND ENGINE REBUILDING
ENGINE ;REBUILDERS
~•`•, COMPLETE MACHINE AND ELECTRIC SERVICE r
39-47 Flat St. 126 Rockingham St. Railroad Avenue Randbiiry Road Shopping Plaza 696 Pine St.
Brattleboro, Vt. 05301 Bellows Falls, Vt. 05101 Brandon, Vt. 05733 Rutland, Vt. 05701 Windsor, Vt. 05089 Burlington, Vt. 05401
802.257-7725 802.463.4572 802-247-3444 802-773-2788 802.674-5285 802-963-2326
2/27/78
To Whom It May Concern:
We are located across from, -Midas Muffler
and at no time do we hear any lord. noises coming
from their shop.
Sincerely,
Dan Ricker
STEADY FUELS INC.
P. O. BOX 847 - 189 LAKESIDE AVENUE
BURLINGTON, VERMONT 05401
TELEPHONE 864-9819
To Whom It May Concern:
February 289 1978
In the eight years that Midas Muffler has been doing business
one -hundred and fifty -feet up the street from our office, we have
never heard any excessive noise of any kind coming from their building.
7*1d
s t y�
f .e e
Steady Fuels Inc.
Bar
s e
703 Pine Street, Burlington, Vt.
• 27 February 1978
To 4Jhom It Nay Concern:
Laving been neighbors with DIidas Muffler
for over a year now, we feel that we can honestly
say that we have had no problems or hassles in
regards to the locations of the two businesses.
The I'lidas employees have become familiar friendly
faces and relations,have always been good between
US. There has never been a problem with noise or
disturbance of any kind.
Sincerel T,
JDi'kc oseph-Dennis Parent, Pres.
P. M. Enterprise
d/b/a/Friends
703 Pine Street
Burlington, Vermont 05401
ROSSETTI BROS.
\ -4W.-r- /
BURLINGTON, VERMONT
wholesale distributors
175 LAKESIDE AVE.
Phone 864-4710
2112
To ',`dhom It May Concern:
Midas "�uf'fler located at 699 Pine Street
Burlington, has never given us any noise problem
what so ever.
S.' erel,y,
Armand Rossetti
CHAMPLAIN SCHOOL
PINE STREET
BURLINGTON, V ERMONT
05401
PETER F. JEFFERY
PRINICPAL
February 27, 1976
To Whom It Mav Concern
TELEPHONE 863-4521
In response to a question asked about the noise factor
at the Midas Muffler operation on Pine Street creating noise
problems in this school, I have to state that we are not
aware in this school of any activities at the Midas location.
This operation does not cause us any noise problems at all.
Peter F. effrey
Principal
bmn
EXT. 66 OR 85
8URIINGTON AREA
VOC CENTER PRINT SHOP
701 PINE STREET
701 PINE STREET
701 PINE STREET
BURLINGTON, VERI
IS eY {Lti c W4 'V Lt-umoiN S U 3iw i
February 17, 1978
South Burlington Zoning Board
South Burlington, Vermont 05401
Dear Sirs:
David and Michael Brassard operate the Midas Muffler
facility in our building adjacent to Queen City Printers Inc.
it has been our experience over the past seven years
that any noise from their installations of mufflers, brakes,
etc., has not constituted a nuisance or been offensive.
They are good neighbors and operate their business in
a responsible manner.
Sincerely,
President
R. W. Schillhammer/lmb
r'
RODERICK C. MARCOTTE
PRINCIPAL
JUDITH P. KOPLEWITZ
GUIDANCE COUNSELOR
Central Sc400l
1181 WILLISTON ROAD
SOUTH BURLINGTON, VERMONT 05401
TELEPHONE 862-0710
Mr. Dick Ward
South Burlington Zoning Board
South Burlington, Vermont 05401
Dear Mr. Ward,
MRS. ELOISE CONRAD
SECRETARY
March 3, 1978
This letter is in reference to oixr discussion relative to the
building of a riidas Muffler Shop on '4illiston Road, and its
possible affect on Central School.
It is my opinion that such an establishment would have no adverse
affect on the learning atmosphere at Central School and, therefore,
have no objection to such a building.
I do appreciate the opportunity to have discussed this matter
with you, and thank you for your consideration.
Sincerely yours,
7--"" xzla�
Leo M. LeCours
Acting Principal
cc/r,r. Fred 'Tuttle
NOTICE OF APPEAL OF J. RENE RACINE
and LUCILLE B. RACINE
To the Clerk or other officer of the South Burlington
Zoning Board of Adjustment:
PLEASE TAKE NOTICE THAT pursuant to 24 V.S.A. 4471,
V.R.A.P. 3 and 4, 3 V.S.A. 815, and 12 V.S.A. 2383, Appeal
is hereby taken to the Chittenden Superior Court from a
Decision of the South Burlington Zoning Board of Adjustment,
being the Decision of May 15, 1978, granting a variance from
the South Burlington Zoning Regulations to Genevieve Morgan,
David and Michael Brassard. J. Rene Racine and Lucille B.
Racine, interested parties agrieved by the Board's decision,
take this appeal by and through their attorneys of record,
Graves and Nicholson.
The Clerk or other appropriate officer of the
South Burlington Zoning Board of Adjustment should make
reference to V.R.C.P. 74 and V.R.A.P. 11(b).
Dated at South Burlington, Vermont, this 13th
day of June, 1978.
By: -'
GRA ES AND NICHOLSO
Box 2264
South Burlington, Vermont 05401
May 16, 1978
Mr. David Brassard
Midas Muffler
699 Pine Street
Burlington, Vermont 05401
Res Zoning Appeal for Morgan property
Dear Dave:
Be advised that the South Burlington Zoning Board of Adjustment
has granted the request for a use variance as submitted by you
on behalf of Mrs. Morgan. Approval was granted based on stip-
ulations submitted in memorandums dated March 21, 1978 to the
Planning Commission and May 15, 1978 to the Zoning Board of Adjust-
ment.
This proposal is subject to site plan review under Section 11.70
of the City's zoning regulations, in order to be scheduled before
the Commission. Please contact Steve -Page.
Formal findings will be issued at a later date by the Zoning Bow6.
If you have any questions, feel free to contact me.
Yours truly,
Richard Ward
Zoning Administrative Officer
RW/mcg
cc: Mrs. G. Morgan
Attorney R. Schmucker
NOTICE OF APPEAL OF J. RENE RACINE
and LUCILLE B. RACINE
To the Clerk or other officer of the South Burlington
Zoning Board of Adjustment:
PLEASE TAKE NOTICE THAT pursuant to 24 V.S.A. 4471,
V.R.A.P. 3 and 4, 3 V.S.A. 815, and 12 V.S.A. 2383, Appeal
is hereby taken to the Chittenden Superior Court from a
Decision of the South Burlington Zoning Board of Adjustment,
being the Decision of May 15, 1978, granting a variance from
the South Burlington Zoning Regulations to Genevieve Morgan,
David and Michael Brassard. J. Rene Racine and Lucille B.
Racine, interested parties agrieved by the Board's decision,
take this appeal by and through their attorneys of record,
Graves and Nicholson.
The Clerk or other appropriate officer of the
South Burlington Zoning Board of Adjustment should make
reference to V.R.C.P. 74 and V.R.A.P. 11(b).
Dated at South Burlington, Vermont, this 13th
day of June, 1978.
By :.
GRA ES AND NICHOLSON
Box 2264
South Burlington, Vermont 05401
0
STIPULATION
TO: SOUTH BURLINGTON - ZONING BOARD OF ADJUSTMENT
FROM: GENEVIEVE MDRGAN, DAVID and MICHAEL BRASSARD, and
BRUCE HOUGHTON, ENGINEER
DATE: MAY 15, 1978
RE: ME.MDRANDUM DATED MARCH 21, 1978
In compliance with the request for information from the applicant in
the form of a Stipulation, as contained in the Minutes of the Zoning Board
of Adjustment of May 1, 1978, the following is submitted:
1. Appendix A contains a sketch of the center curb cut (A1`s French
Frys) showing its improved design.
2. Appendix B contains a sketch of Al's French Frys and the proposed
traffic flow improvements.
3. The Brassards herein agree that the use variance, if granted, will
be limited to a parcel of land having easterly and westerly sidelines which
will extend southerly 250 feet from the southerly sideline of the Al's French
Frys property as such is shown on plans submitted to the City of South Bur-
lington to date.
Furthermore,. the Brassards covenant and agree that the Midas building
and all its appurtenances will be contained within the parcel described in the
above paragraph.
4. This Stipulation is furnished conditioned upon the provisions herein
being substituted for the provisions contained in the following paragraphs of
the referenced Memorandum of March 21, 1978:
(a) The first sentence of Paragraph 7;
(b) Paragraph 8.
5. The inprovements to the Al's French Frys property shown on
Appendix A and Appendix B will be oompleted on or before the Midas Muffler
Shop first opens for business. At such time, the westerly most curb cut
serving Al's French Frys will be closed.
6. The center curb cut (Al's French Frys) as shown on Appendix A
will remain such until the Midas right of way is signalized, at which time
it will be constructed so as to limit it to right turn -in and right turn -out
traffic only.
-2-
Genevieve Morgan
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APPENDIX A PAULSEN ASSOCIATES, INC.
SOUTH BURL.INGTON, VERMONT
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CONSULTING po ENGINEERS
PAULSEN ASSOCIATES, INC.
- APPENDIX B SOUTH SURILINGTON, VERMONT
ATTORNEYS AT LAW
34 PATCHEN ROAD
.SOUTH BURLINGTON, VERMONT 05401
802 658-2255
PAUL R. GRAVES
DAVID A. NICHOLSON
June 14, 1978
Mr. J. Everett Reed, Clerk
South Burlington Zoning Board of Adjustment
11 Lyons Avenue
South Burlington, Vermont 05401
Re: Variance grant of May 15, 1978, to Genevieve Morgan,
David and Michael Brassard
Dear Mr. Reed,
Please be advised that J. Rene and Lucille B. Racine hereby
appeal the above variance grant to the Chittenden Superior
Court. Thank you for your attention.
Sincerely yours,
By:
Graves and Nicholson
cc: Richard Ward
Erving and Spokes
All interested parties (copies tendered herewith)
SOUTH � LINGTON ZONING BOARD OF ( JUSTNEENT
Findings in accordance with Section 4468 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or conditions generally created by the provisions of the zoning
regulations in the neighborhood or district in which the property
is located; EJ
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefore necessary to enable
the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the
appellant; '
(4) That the variance, if authorized, will not alter the essential'.
character of the neighborhood or district in which the property
is -located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be
detrimental to the public welfare; and 0
(5) That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the plan. a
Appeal
Date 5�—/_Sr 7Y
Appellant
Vote: Yes M No Sign
Llst findings below:
t
1.
2.
644 "4J 4J14_
SOUTH � LINGTON ZONING BOARD OF( JUMENT
Findings in accordance with Section 4468 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or conditions generally created by the provisions of the zoning
regulations in the neighborhood or district in which the property
is located;
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefore necessary to enable
the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the
appellant;
(4) That the variance, if authorized, will not alter the essential!.
character of the neighborhood or district in which the property
is -located, nor substantially or permanently impair the
aunropriate use or development of adjacent property, nor be
detrimental to the public welfare; and EJ
(5) That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the Ulan.
Da to 5 //S_bS
Appellant
Vote: Ye
Ltst findings below:
2.
3•-
Appeal ,'# -5- //7`--/ it
No Sign
SOUTH Y LINGTON ZONING BOARD OF JUSTICNT
Findings in accordance with Section 4468 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or conditions generally created by the provisions of the zoning
regulations in the neighborhood or district in which the property
is located;
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefore necessary to enable
the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the
appellant;
(4) That the variance, if authorized, will not alter the essential'.
character of the neighborhood or district in which the property
is -located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be
detrimental to the public welfare; and 0.-
(5) That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the plan.
Da t e1 I SLn
Appellant �Ws Mqc,,.....
Vote: Yes No
Qo pe.I- <11� r �. S
Last findings below:
Appeal #
Sign
3•
SOUTH t LINGTON ZONING BOARD OF ( JUMENT
?findings in accordance with Section 1+-468 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or conditions generally created by the provisions of the zoning
regulations in he neighborhood or district in which the property
is located;
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefo e necessary to enable
the reasonable use of the property;
(3) That such unnecessary hardship has not been created by the
appellant; '
'L
(4) That the variance, if authorized, will not alter the essential!.
character of the neighborhood or district in which the property
is -located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be
detrimental to the public welfare, and 0-
That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the plan.
i Appeal
Da to , r%
Appellant
Vote: Yes 0ZNo Sign
Lfst findings below:,
1.
2.
bllo� a/ '`t-
7'�b.
City of South Burlington
1175 WILLISTON ROAD
,�.•• SOUTH BURLINGTON, VERMONT 05401
. �•'` TEL. 863-2891
OFFICE OF
CITY MANAGER
WILLIAM J. SZYMANSKI
July 3, 1979
District #4, Environmental Commission
111 West Street
Essex Junction, Vermont 05452
Re: Midas Muffler Shops
Located easterly of 1251 Williston Road
South Burlington, Vermont
Gentlemen:
The above referenced project will be served by municipal
water and sewer facilities constructed in conformance with
city standards.
Very truly yours,
William J. Szymanski
City Manager
WJS/b
MFMnR A7MTTM
TO: SOUTH BURLINGTON PLANNING COMMISSION
FROM: GENEVIEVE MORGAN, DAVID and MICHAEL BRASSARD, and BRUCE BOUGHTON,
Traffic Engineer
DATE: MARCH 21, 1978
RE: SUBDIVISION APPLICATION, MORGAN PROPERTY, SOUTHERLY SIDE OF
WILLISTON ROAD
AGREED STATEMENT OF FACTS
The undersigned wish by this Memorandum to place before the South
Burlington Planning Commission an agreed upon Statement of Facts which
have been arrived at to date through negotiations between themselves and
through work sessions with Mr. Steve Page and Mr. Dick Ward.
1. David and Michael Brassard presently have purchase options on
the property known asAl'sFrench Frys on the southerly side of Williston
Road and on the property of J. R. Racine which adjoins the Al's French
Frys property to the east. In addition, David and Michael Brassard have
an option to buy all of the property owned by Genevieve Morgan situated
southerly of the Al's French Frys property. These properties are shown
more clearly on Subdivision application documents which have been presented
to the South Burlington Planning Commission.
2. The Brassards and Genevieve Morgan propose a two lot subdivision
with:
(a) The property now occupied by Al's French Frys and as shown on the
survey submitted with the Subdivision application as the first lot, and
(b) The Midas lot and all of the remaining Morgan property as shown on
the aforesaid s4)rvey comprising the second lot.
i
3. Said subdivision will be served by a 60 foot right of way with a
22 foot paved travel way as shown on the aforesaid survey. Said right of way
will be used by the Brassards, their heirs and assigns, and by Genevieve
Morgan, her heirs and assigns.
4. The Brassard brothers agree that in the event they exercise their
option on the Racine property and become owners thereof, that the Racine
curb cuts now exiting on Williston Road will be closed and access will be
limited to the aforementioned 60 foot right of way.
5. In the event, however, the Brassard brothers do not become the
owners of the Racine property, they will nevertheless by contractual document
satisfactory to the City of South Burlington permit its Planning Commission
to impose ingress and egress to and from the Racine property by and
through the 60 foot right of way previously mentioned.
6. Furthermore, Cenevieve Morgan agrees that at such time as the travel
way shown within the 60 foot right of way is constructed and the Midas Muffler
Shop as shown on the plans presented to the South Burlington Planning
Commission is constructed, the easterly most curb cut serving Al's French
Frys which now exists will be closed.
7. Cenevieve 2-;orga her agrees that at sue we as all of the
remainder of her p y is fury developed f theanproperty not t of the Midas Piuffle elopmen�port�ionn
hemiddle curb (' Rs7- CW
cut as i now exosts serving Al's rench Frys will c ose. This agreement is o.�c
not intended to impede and will not impede the Planning Co-mr.ission in the
ierfor-:ance of its functions under site plan review to deal with the Al's
:re_:ch rrys property in the event that that property is in issue before
tl:Lm through site plan review or some future use.
3. C,Unevieve No urther agrees that at �ej, at the riddle
curb cut now menu' Z's French Frys is close e provisions ncnt above aSrapn, than the most wes y curb ow se 1's French
Frys will be converted for ri^ht-t Tri-in traffic only.
99. renc--vieve :,:-tr-ar the iirassards Zr_rec t`:at t1ne cc=ron boundary
1 ine bet4'eell the Al':- "c::icl: "r;'s property and the ; rorosed ':idas property
will be strair`.(_.:e:i t' rt t%c irreg:;lsr lip of land s�iovn on plans
pre,*iously sub itte..' i•.._1 1_ c.ii;.inatcd.
1G. .ne bratc_-rs further &-.ree that i_11-rova_l of the subdivision
;, lication pro -posed I or usi• by then -:s n ':Kr.s `.lu`iler :'hop will be linitee
f •r use as a I•Sic:r_s ::u.`.fler Sion. 'I"nis ;.ill not ir;•e e, hovever, the Brassard
rothers in the future froL: corm, before the South ;5urlin�-,ton Planning
Coi :ission to seek a further subdivision of. the "or -an property as was
their desire when this subdivision was a three -lot subdivision in its initial
subdivision presentation to the South Burlin,-ton PlnTminc, Cor-mission.
11. i:r. Houghton, Traffic Engineer, states that he has taken additional
,.1fore:4tic over and above the information fathered by 1•:r. Fichard Ward and
s}iown on iir. Ward's rier.o of 'larch 1, 1978, and is on that I-asis able to confirm
"r. 1;ard's find#hes that the Midas *.'uffler Shop is a low traffic generator
Pith tripfi distributed throughout its hours of operation with some ninor peaking
is the a.rs. and p.m. Yr. Houghton estimates the a.m. peak; hour trips to be 27
trips entering and 9 trips exiting, and estimates the p.m. peak hour trips to
be 9 trips entering and 27 trips exiting.
12. Mr. Broughton further states that the intended use of the Morgan
property as a location for a Fidas Muffler Shop is a use which generates far
less traffic than any use now permitted under business retail for which the
area is zoned. �
f'
r
13. Mr. Houghton further states that he was in communication with
the Vermont Department of, Highways and the contractor (Lafayette -Sheldon,
Inc.) from whom he determined that construction of the improvements to
the Dorset Street -Williston Road intersection will begin on April 24,
1978 and will be completed by July 1, 1978.
14. Mr. Houghton further states that based upon his previous involve-
ment in the design of the Williston Road -Dorset Street improvements, his
current intersection capacity analysis using trips generated by the Midas
Muffler Shop indicates a possible 0.5-1.0 percent increase in level of
capacity for the Williston Road northwest approach and a possible 1.5-3.0
percent increase in level of capacity for the Williston Road southeast
approach. This projected increase in level of capacity will be available
after completion of the Williston Road -Dorset Street intersection improvements.
15. Mr. Houghton further states that an intersection capacity analysis
of the Williston Road -Hinesburg Road-Patchen Road intersection using estimated
trips to be generated by the Midas Muffler Shop during peak periods indicates
a 1.5-3.0 percent increase in level of capacity for the Williston Road northwest
approach and a 0.5-1.0 percent increase in level of capacity for the Williston
Poad southeast approach. This projected increase in level of capacity will
still allow the Williston Road approaches to operated within acceptable limits.
16. Mr. Boughton further states that the potential for creating a
signalized intersection with Williston P.oad, the 60 foot Midas access roadway
so-called, and a possible realignment of hrrite Street would improve traffic
conditions on Williston Road by developing the Movement of vehicles in
platoons. Platooning of vehicles creates larger time space gaps in the flow
of traffic.
Ceaevieve Morgan
David Brassard
"Bruce Houghton, Traffic Engineer
Michael Brassard
14l �
-3- 6
Qi
Mr. David Brassard
Midas Muffler
699 Pine Street
South Burlington,
Dear Ns. Brassard:
City of South Burlington
1175 WILLISTON ROAD
SOUTH BURLINGTON, VERMONT 05401
TEL. 863-2891
Vermont 05401
February 22, 1978
Be advised that your request before the South Burlington Zoning Board
of Adjustment has been tabled until the next regular meeting, which is
March 20, 1978 at 5:00 pm.
Any questions relating to above, please direct to this office at
863-2891.
Very truly,
Richard Ward
Zoning Administrative Officer
RW/cbp
SOUTH g LINGTON ZONING BOARD OF ( JUSTNEEENT
?findings in accordance with Section 1+468 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or conditions generally created b3. the provisions of the zoning
regulations in the neighborhood or district in which the property
is located; jA
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefore necessary to enable
the reasonable use of the property; D
(3) That such unnecessary hardship has not been created by the
appellant;
(4) That the variance, if authorized, will not alter the essentials.
character of the neighborhood or district in which the property
is -located, nor substantially or permanently impair the
atiuropriate use or development of adjacent property, nor be
detrimental to the public welfare; and 0
(5) That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the plan.
Appeal ,# S' ►�i��
Date
Appellant
.
Vote: Yes No 'Sign
Last findings below:
2. "17 / 1e I ( „ J� laud u„� . I �V,
3.
SOUTH f ;LINGTON ZONING BOARD OF (jJUSTMENT
?findings in accordance with Section 1+1+68 of the Planning & Development
Act
(1) That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of lot size
or shape, or exceptional topographical or other physical conditions
peculiar to the particular property, and that the unnecessary
hardship is due to such conditions, and not the circumstances
or condition generally created by the provisions of the zoning
regulations in the neighborhood or district in which the property
is located;
(2) That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict
conformity with the provisions of the zoning regulations and that
the authorization of a variance is therefore necessary to enable
the reasonable use of the property;
(3) That such -,unnecessary hardship has not been created by the
appellant;
(4) That the variance, if authorized, will not alter the essential'.
character of the neighborhood or district in which the property
is -located, nor substantially or perm nently impair the
annropriate use or development of adja ent property, nor be
d:trimental to the public welfare; and
(5) That the variance, if authorized, will represent the minimum
variance that will afford relief and will represent the least
modification possible of the zoning regulations and of the plan.
Appeal ,# ��
Date /
Appellant /?0 L&_ 4
el
Vote: Yes )4 No
Llst findings below:
2.
M
3-
M E M O R A N D U M
To: South Burlington Zoning Board of Adjustment
From: Richard Ward, Zoning Administrator
Re: Traffic data, 14idas Muffler, Pine Street
Date: March 1, 1978
Traffic count conducted on Wednesday, March 1, 1978, 11:45 to 12:45 P.M.,
Character of area - Midas and Queen Cit-r Printers share some parking
area, both have curb cuts - Queen City Printers has 60 employees and
Midas Muffler 10.
Total number of vehicles entering parking area was 20 with 16 leaving.
Observed that some vehicles using the Midas driveway were associated
with Queen City Printers.
Midas recieved 13 customers within the one hour, some walk-ins to pick-
up their cars.
Mr. Brassard allowed me to review his records: business conducted on
Monday, March 1, 1978 up to 1:00 p.m. 22 work orders.
Monthly and yearly breakdown was also furnished which is attached.
i f7
171
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Central School
11B1 WILLISTON ROAD
SOUTH BURLINGTON, VERMONT OS401
TELEPHONE B62-0710
RODERICK C. MARCOTTE
PRINCIPAL
JUDITH P. KOPLEWITZ
GUIDANCE COUNSELOR
Mr. Dick Ward
South Burlington Zoning Board
South Burlington, Vermont 05401
Dear Mr. Ward,
MRS. ELOISE CONRAD
SECRETARY
March 3, 1978
This letter is in reference to our discussion relative to the
building of a Midas Muffler Shop on Williston Road, and its
possible affect on Central School.
It is my opinion that such an establishment would have no adverse
affect on the learning atmosphere at Central School and, therefore,
have no objection to such a building.
I do appreciate the opportunity to have discussed this matter
with you, and thank you for your consideration.
Sincerely yours,
Leo M. LeCours
Acting Principal
cc/Mr. Fred 1luttle