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Home My WebLink AboutSD-72-0000 - Supplemental - 1001 Dorset Street1001 Dorset Street South Burlington, Vermont 05401 December 8, 1972 Mr. Richard Ward .Administrative officer South Burlington Planning Commission Williston Road South Burlington, Vermont 05401 Re: lklyers Property Subdivision Dorset and Swift Streets Dear Ar. Ward. This letter is intended to be an application for subdivision approval by the City Planning Commission of my property located at the northwest corner of the intersection of Swift and Dorset Streets. The original parcel contained approximately 72 acres and has been subdivided as shown on the attached plan. Parcels number 2 and 3 are church properties and buildings have been constructed. Parcel number 4 will contain a single family dwelling. We will maintain our residence on Parcel number 6. Parcels 1 and 5 have been sold. Owners of adjacent properties are shown on the attached plan. Very truly yours, 1001 Dorset Street South Burlington, Vermont 05401 December 8, 1972 Mr. Richard Ward Administrative Officer South Burlington Planning Commission Williston Road South Burlington, Vermont 05401 Re: Myers Property Subdivision Dorset and Swift Streets Dear Mr. Ward: This letter is intended to be an application for subdivision approval by the City Planning Commission of my property located at the northwest corner of the intersection of Swift and Dorset Streets. 'The original parcel contained approximately 72 acres and has been subdivided as shown on the attached plan. Parcels number 2 and 3 are church properties and buildings have been constructed. Parcel number 4 will contain a single family dwelling. We will maintain our residence on Parcel number 6. Parcels 1 and 5 have been sold. Owners of adjacent properties are shown on the attached plan. Very truly yours, SUBDIVISION HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Tuesday, April 10, 1973 at 7:30 p.m. to consider the following: The appeal of Isadore and Frances Myers, of South Burlington, Vermont for approval of a subdivision of. a parcel of land containing approximately seventy (70) acres into six (6) lots. Parcel in question is situated on the northeast corner of Dorset and Swift Streets with frontage thereon of 1937 feet on Swift Street and 1841 feet on Dorset Street, as per plan on file in the office of the Zoning Administrator. Douglas I. Tudhope Acting Chairman South Burlington Planning Commission 3/24/73 March 21$ 1973 ,"r.' ' , ' ril 'I ' iam A. r-,.obenstein ,", 16 ills .,,venue South Burlington, VT 05'401 Dear "r. Robenstain: T' The South Burlington City ounC 4 1 -L.- will hold a public hearing on ' onday, April 16, 19,73 at the City Officest 1175 Williston Road to consider your request for a zoning permit. If you have an; questions, feel free. to call me. Please plan to attend. Very truly, Richard 'd4ard Zoning Administrative Of-"icer RW/j 3.973 1111r. ' Til-'Iiam A. `-obe*titoin 16 !Pulls PiLvenue South Tlur),InEton, VT 05401 Dear 'Mr. Robpnstein: Subject: �IjiTlllcation for a 'Zoning Permit T I I'laving reviewed your requ---,st for a pormit, I find that this office must deny this application. Tho qu(,,stion relevant to this application is two fold: (1) the records shoi.: that your parcel (appro-imately one acre) is part o" an illegal subdivision under the provisions of the City Subdivision TE-gulations (having alread explained tI-As- matter to y(-,u in a letter of June 12, 19M and secondly, the proposed zoning rprulztions sl?:ovr this lance in quest3ion in Agric-L,41ture esidential l.istrict, therefore, be-1-use your parcel data not conform to provisions of this dis-1-1-1ict, your application reqiifrer submission to the City council. ' I I . his provision is reouired under the Vermont Planning and Developient Act, 24 'Secti-T, 4443- Tf you have any furthr,', questions, feel frnn to call r,,ie. Vory truly, Richard VTard Zoning Administrative (--'ficer RW/J IL h March 7, 1973 Mr. Richard Ward Zoning Administrator City of South Burlington South Burlington, VT 05401 Dear Di ek : T would at this time like to request a building permit for a one acre lot, Number 25, as shown on Tax Map 50, in the South Burlington City Appraiser's Office. Sincere ly, William A. Robenstein s° City of South Burlington •.µu• ^� 1181 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL. 863-2891 VERMONT'SrNiNTH AND June 12, 1972 OFFICE OF CITY MANAGER FASTEST GROWING CITY WILLIAM J. SZYMANSKI Mr. William A. Robenstein 16 Mills Avenue South Burlington, VT. 05401 Re: Sub -division of the Myers property Dear Mr. Robenstein: Regarding your application for a building permit for a single family dwelling on Dorset Street. Be advised that you have the third parcel from the Myers homestead, under which an application for permit is requested. My findings are that Mr. Myers has set-off six parcels beginning in 1966 with the Chruch of the Latter Saints. And since that date parcels have been set-off to the Carmelite Nuns; Faith Methodist Chruch; C.B.C. Development Corp., and yourself, plus rights -oft -ways and the Myers homestead. Under the provisions of the City Sub -division regulations Mr. Myers is in violation. State regulations, Act 250 has also been violated. My recommendation to you would be to submit your plans to the South Burlington Planning Commission on Tuesday, June 27, 1972. In the mean time, Mr. Myers should be submitting an application for sub -division under Section 201 of the Sub -division regulations for South Burlington. Very truly, Richard Ward Zoning Administrator CC Mr. Isadore Myers Mr. James Lamphere Mr. William Szymanski June 28, 1972 '`(r. Isadore Myers 1001 Dorset Street South Burlin,gton, VT 051+01 Dear Mr. Myers: At a meeting or the South 'Pur1ington Planning Commission a reque.st by Mr. William Rolenstein to construct a dwelling on a parcel of land from your property was cIenied and the Commission requests that you be advised that you are in violation ol the City's subdivision regu lations. No further ,)ermits for construction can be considered until such time as an approved subdivision is recorded. Yotiwill be required to submit a plot plan showing the exact division of your land, datin7 back to 1964. It is my understanding that including right-of-ways you have set off six (6) parcels. If you have any questions ref arding application for sub- division, please feel free to contact I me at F63-2891. Very truly, 1�iichard Ward Zoning Administrator June 2F, 1972 air. 1-11.1iam, A. Robenstein 16 'Mills Avenue South Burlington, VT 05"+Ol Dear 'Mr. Robenstein: At the June 27, 1-972 meeting of the ,`,outh Turlington Planning Commission they voted to uphold the decision of this office which is to deny your request for a building permit, due to the fact that your parcel -Ln c�iAiestion -I.s part of an illegal subdivision. Mr. Myers has been notified that he is rel-;uired to file application for subdivision and that any further application for building permits will be denied until such time as an ai,T-)roved plot plan is recorded. Very truly, Richard ',,"ard. Zoning Administrator R"'/j PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 ROBERT J. PERRY RONALD C. SCHMUCKGR July 6, 1972 Mr. William Szymanski Acting City Manager City of South Burlington South Burlington, Vermont 05401 Dear Bill: TELEPHONE 868-4580 AREA CODE 802 I believe you have been advised that I was asked by Williaa Robenstein to review the recent Planning Commissiondenial of a building permit for his Dorset Street property. Specifically, the Planners concluded that Mr, and Mrs. Isadore Myers had illegally subdivided their property and since building permits had been issued for two Myers sell - offs, a third would not be issued. Assuredly the Planning Commission is aware that the Myers have conveyed other lots, but have done nothing about it ... apparently adopting the technique of denying the third building permit application which obviously harms the innocent person rather than the violator. The Subdivision Regulations speak not of building, but of land division, and does not adopt this manner of enforcement, and we feel it is improper to enforce the Regulations in this fashion. Further, we feel it is unlawfully arbitrary to deny the Robenstein application when numerous other illegal subdi- visions have not been challenged, a fact which was admitted at the recent hearing. A brief review of the Land Records, certainly not an exhaustive study, reveals the following transactions, none of which have been questioned by City Officials. 1. Clara T. Willis to Joseph Zajchowski (two conveyances) and to Baker. 2. Chittenden to Lucien Demers, Ronald Schmucker and Jorg Falkenberg. 3. Dumas Estate to Davis Construction, South Burlington, and three parcels to Olenik Construction Co. i City of South Burlington Page Two July 6, 1972 4. Angelo Pizzagalli, Spear Street division into three parcels. 5. Davis Construction Company, five sell -offs to Daniel and Janice Davis. 6. O'Brien Brothers to Leo O'Brien (three parcels) Unfortunately, it would seem that any enforcement of the Regulations as to existing lot sell -offs is impossible with this record. As a final point., it does not appear that the Subdivision Regu- lations have been recorded or filed with the City Clerk, nor has any record of public notice, hearing or vote been recorded or filed. Thus, we are prepared to challenge the legal existence of the current Regulations in Court. This step would be taken reluctantly, yet of necessity, if the permit is not promptly issued, since with the spiraling cost of construction, an im- medinto ntarL- is impnrar:i.vo. I would roquosL that L-ho foro(joing be reviewed by the City Attorney as soon as possible becauso of the construction delays suffered by the Robensteins. Sincerely, PERRY & SCHMUCKER Robert J. Perry RJP/j 0-90 i WI cl � �.3----, .,� i �, � ;� , try 47:7 r 0 4t TOLERANCES ':Z;K /'-5 (EXCEPT AS NOTED) DECIMAL SCALE DRAWN BY, jl� APPROVED BY FRACTIONAL TITLE 0,,e -- ANGULAR DATE DRAWING NUMBER 7AT j ; It