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Home My WebLink AboutVR-94-0000 - Supplemental - 0115 0117 Oakwood Drive1 MICHAEL CARVER ATTORNEY -AT -LAW P.O. BOX 238 110 MAIN STREET . BURLINGTON, VERMONT 05402-0238 (802) 658-1978 FACSIMILE (802) 658-6960 August 21, 1995 Raymond J. Belair, Zoning & Planning Asst. City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Re: Maurice and Pauline Lapierre The Pauline Condominiums Dear Ray: Pursuant to our telephone conversation on August 21, 1995 regarding the above, this will confirm that the deeds conveying the condominiums did not convey any land but rather conveyed just the condominium units with an undivided interest in the common areas and facilities, which includes the underlying land. I prepared the Waste Water Permit Application for Maurice and he took over from there. I have no idea why the State issued a Subdivision Permit, as the properties were conveyed as condominiums and were not conveyed as separate lots. Based ora our conversation, it was concluded that no permits weYe necessary from the City of South Burlington and, therefore, this now concludes matters. Sincerely, MICHAEL CARVER, ESQ. MC:jal cc: Mr. Maurice Lapierre me/m47/1 a� i n State of Vermont y t fir•, ,.1 -._-- _-__---- ___- ---.. _ _. _ SUBDIVISION PERMIT LAWS/REGULATIONS INVOLVED Case: EC-4-1901 Environmental Protection Rules Applicant: Maurice & Pauline Effective September 10, 1982 LaPierre Address: 73 South Street Burlington, Vermont 05401 This project, consisting of a three lot subdivision identified as Units A and B each having the dimensions 30 feet by 30 feet by 16 feet by 6 feet by 14 feet by 24 feet (representing the footprint of each unit) and a 19,200 square foot lot (representing the balance of the land) subject to Deferral of Permit DE-4-2058 located off Oakwood Drive in the city of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. GENERAL 1. The project shall be completed as shown on the plans Project number 86090 "Plat of Land of Susan Eaton" dated 5-13-88 and on Sheet SP1 "Site Plan" dated 4-28-95 prepared by Trudell Consulting Engineers, Inc. and which have been stamped "approved" by the Wastewater Management Division. The project shall not deviate from the approved plans without prior written approval from the Wastewater Management Division. 2. Each prospective purchaser of each lot shall be shown a copy of the approved plot plan and this Subdivision Permit prior to conveyance of the lot. 3. This project has been reviewed and is approved for the construction of one three bedroom single family residence on each of the approved lots Units A and B. Construction of other type dwellings, including public buildings, duplexes, and condominium units, is not allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision Permit EC-4-1901 Page 2 4. The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. WATER SUPPLY 5. Each lot is approved for water supply by connection to the municipal water system. No other means of obtaining potable water shall be allowed without prior review and approval by the Wastewater Management Division. WASTEWATER DISPOSAL 6. Each lot is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Wastewater Management Division, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Dated at Essex Junction, Vermont this 18TH day of July, 1995. William C. Brierley, Commissioner Department of Environmental Conservation By�.Z -� c >''12------ Ernest P. Christianson Regional Engineer c For the Record South Burlington Planning Commission South Burlington Selectboard Water Supply Division Dept. of Labor and Industry Trudell Consulting Engineers, Inc. �A State of Vermont, DEFERRAL OF PERMIT LAWS/REGULATIONS INVOLVED: 18 V.S.A. 1218-1220 and Environmental Protection Rules, Chapter 3- Subdivisions, 3.06 Deferral of Permit - PERMIT NO.: DE-4-2058 APPLICANT & ADDRESS: Maurice & Pauline LaPierre 73 South Street Burlington, VT 0.5401 LOCATION OF SUBDIVISION: Located off Oakwood Drive in the City of South Burlington. DESCRIPTION OF SUBDIVISION: Retain 19, 200 square feet for common land with 2 lots under EC- 4-1901. CONDITIONS: (1) The deed for a parcel purchased under the provisions of this permit must include the following "Waiver of Development Rights." All subsequent deeds, leases or contracts of sale must also contain the waiver unless a subdivision permit is obtained. Notice of the purchaser's name and address must be filed with the Wastewater Management Division. "WAIVER OF DEVELOPMENTAL RIGHTS" "In order to comply with the State of Vermont Environmental Protection Rules on the subdivision of lands and disposal of waste including sewage, the grantee shall not construct or erect a structure or building on the parcel of land conveyed herein, the useful occupancy of which will require the installation of plumbing and sewage treatment facilities or convey this land without first complying with said State regulations. The grantee by acceptance of this deed acknowledges that this lot may not qualify for approval for development under the appropriate environmental protection or health regulations and the State may deny an application to develop the lot." Page 2 Deferral of Permit DE-4-2058 (2) If the parcel being acquired is to be considered for building development at some future date, the purchaser understands that the information required by Section 3-08 of the rules must be submitted for evaluation. If such information does not meet the Environmental Protection Rules, permission to building on the lot will be denied. (3) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for recording this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. Dated at Essex Junction, Vermont this 18th day of July, 1995. William C. Brierly, Commissioner Department of Environmental Conservation B A , Irene L. Roberge Administrative Secretary c For the Record South Burlington Planning Commission South Burlington Selectboard Civil Engineering City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 2, 1995 Maurice & Pauline LaPierre 73 South Street Burlington, Vermont 05401 Re: Three (3) Lot Subdivision, 115-117 Oakwood Drive Dear Mr. & Mrs. LaPierre: ZONING ADMINISTRATOR 658-7958 I am in receipt of a copy of your subdivision permit from the State of Vermont for land on Oakwood Drive. Please be advised that subdivision approval would also be needed from the City of South Burlington. Please contact me at your earliest convenience to discuss the subdivision review process. Sinc ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp x� ' ,.w State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD June 2, 1995 Maurice & Pauline LaPierre 73 South Street Burlington, VT 05401 Dear Applicant: Subject: EC-4-1901 ; 2 lot sub. w/existing 2 unit condos Unit A 93'xl2O' Unit B 67'xl2O' common land retained located 115-117 Oakwood Drive AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 in South Burlington, Vermont. We received your completed application for the referenced permit on 03/31/95, including a fee of $300 paid for by Check Number 5186. This application falls under the Multi -Lot Subdivision Program Area, and under the Performance Standards for this program area, we have 45 days of 'in- house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. THE DEFERRAL OF PERMIT APPLICATION DE-4-2058 WILL BE ISSUED WITH THE ABOVE REFERENCED SUBDIVISION PERMIT APPLICATION. Sincerely, n oberge Administrative Secretary c South Burlington Planning Commission South Burlington Selectboard Civil Engr. Assoc. Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD March 31, 1995 Maurice and Pauline LaPierre 73 South Street Burlington, Vermont 05401 Dear Mr. & Mrs. LaPierre, AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, VT 05452 Telephone #(802) 879-6563 Subject: Case Number WW-4-0836; Proposed Two Unit Condominium Building, Oakwood Drive, South Burlington, VT. Our office has completed an initial review of the above referenced project and has determined that the additional information listed below will be before approval can be granted. 1. Please submit two copies of a site plan prepared by a qualified consultant showing the size and type of water and sewer services including details and notes. There needs to be a 10 foot horizontal distance maintained between the water and sewer services. Please note that no construction is granted until written approval is issued by the Division and all other authorities. Please submit two copies of any revised plans. Upon receipt of the above items, my review will continue. Should there be any further questions, please do not hesitate to contact me. Sincerely, Ernest Christianson Regional Engineer c City of South Burlington Civil Engineering Associates, Inc. Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury t I State of Vermont /z Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council RELAY SERVICE FOR THE HEARING IMPAIRED 1-800-253-0191 TDD>Voice 1-800-253-0195 Voice>TDD March 14, 1995 Maurice & Pauline LaPierre 73 South Street Burlington, VT 05401 Dear Applicant: Subject: WW-4-0836 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division 111 West Street Essex Junction, Vermont 05452 Telephone #(802)879-6563 2 unit 6 bedroom condominium mun. water & sewer 900 gpd .44 acres located 115-117 Oakwood Drive in South Burlington, Vermont. We received your completed application for the referenced permit on 03/13/95, including a fee of $324 paid for by Check Number 5130. This application falls under the Water/Wastewater: 501 - 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. S cerely, eie�L. Roberge Administrative Secretary c South Burlington Planning Commission South Burlington Selectboard Civil Engr. Assoc. Chlorine Free 100% Recycled Paper Regional Office - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 14, 1995 Mike Carver, Esquire 70 Cherry Street Burlington, Vermont 05401 Re: Sewer Allocation, 115-117 Oakwood Drive Dear Mr. Carver: ZONING ADMINISTRATOR 658-7958 Please be advised that the City of South Burlington has allocated 900 gpd for a six (6) bedroom two-family dwelling located at 115- 117 Oakwood Drive. This property is served by the City's Airport Parkway Treatment facility which has adequate capacity to handle this additional demand. If you have any questions, please give me a call. Si cere , e Weith, ity Planner JW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 27, 1994 Ms. Susan Eaton 8 Greenbriar Drive Essex Junction, VT 05452 Re: 115-117 Oakwood Drive, Zoning Appeal Dear Ms. Eaton: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, July 11, 1994 at 7:00 PM to consider your zoning appeal. Please plan to attend this meeting and be prepared to address the attached criteria. Very truly, Richard Ward Zoning Administrative Officer RW/peh SOOT' '�URLINGTON ZONING BOARD ADJUSTMENT 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 topograhical 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 1 provisions of the zoning regulations in the ne,,igjiborhood or distri in which he J�r�perty is locat � �.(y (2) That bec use bf 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 a of h ee proprty;/ %rimltlO��L11�-"/j%�% (3) That such unnece ary appellant; has not ,been cpep.ted ,by the (4) That t e 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; (5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modificat possible of the zoning regulations and p� the plan. " D (��!?/l//��n a/ �lYIwG7�.1�mA' Date Appellant Vote: Appeal 3 cK No = Sign Use Reverse side for additional findings SOUTH BURLINOTON ZONING NOTICK,l In accordance with the South Burlington Zoning' Reggulations and Chapter 117, Title 24, V.S.A. the South Buriln ton Zoningg Board of Adjustment wlli hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, July 11, 1994 at 7:00 P.M. to consider the following... lemann- LampheArchitects, Gary al of Gary Lavigne, Agent seeking a conditional tlse permit from Section 10.06 of the South Burlington Zoning Regulations. ; Re- quest is for permission to construct a 13,250 square foot automobile sales and service facility on a 164,111 square foot lot located in the Commercial 2 District at 1691 Shel- buVne Road. #2 Appeal of Meliasa Brown seeking a variance from Section 18.00, Area, Density and Dimensional Requirements of the South Burlington Zoning Regulations. Request is for permission to allow a eeXt20 Into porch the toproject12 setback requirements yard 59 Simpson Court. #3 Appeal of Susan Eat - Continued Next Column on seeking a variance from Section 3.10, Per- mitted Uses, Conserva- tion and Open Space j District of the South Bur- lington Zoning Regula- i tlons. Request is for permission to allow a nonconforming use (two (2) family dwelling) to be constructed within the Conservation and Open Space District on a 0." acre lot at 115-117 Oak- wood Drive. . Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward, Zoning Administrative Officer June 25, 1994 f EATON, Susan 115-117 Oakwood Drive Area zoned C.O. District. Section 3.10 Permitted Uses and Section 3.20 Conditional Uses. Use variance request to allow a two (2) family dwelling which is neither a permitted nor conditional use in the district. Vermont Planning & Development Act, Title 24, Chapter 117, Section 4473 states in part that "except as specifically provided herein, no board of adjustment may ... allow any use not permitted by any zoning regulations or other bylaw". On June 11, 1990 the Zoning Board of Adjustment denied the applicant a variance for a duplex on this property. On July 23, 1990 the Zoning Board of Adjustment granted a variance for a single family dwelling on this property. Lot area 0.44 acres with 160 feet frontage on private right-of-way. City of c—uth Burlington Application t 3oard of Adjustment u riciai use APPUTCATION # Date 6/ZZ94 Applicant Susan Eaton Owner, leasee, agent 8 Greenbriar Drive Address Essex Jct., VT Telephone # Landowner Susan Eaton HEARING DATE FILING DATE FEE AMOUNT 879-0996 Green riar Drive Address Essex Jct., VT Location and description of property 115-117 Oakwood Drive Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( X ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal 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. Provisions of zoning ordinance in question Section 3.30 re: Conservation and Open Space District. Request is for approval to construct a residential lex. eudPson for appeal Without a variance the property cannot be used for any reasonable purpose. r The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. 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 Day of Week at to consider the following: Month and Date Time Appeal of seeking a AJ7 v' from Section of the South Burlington Zoning Regulations. Request to A 16-e `/Yoe DM� eA-, or, 0' W � is for permission r SPOKES, FOLEY & PETERSON ATTORNEYS AT LAW 239 SOUTH UNION STREET BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY RICHARD F. PETERSON, JR. June 20, 1994 city of South Burlington Board of Adjustment 575 Dorset St. So. Burlington VT 05403 Re: Variance Request of Susan Eaton Gentlemen: (802) 862-6451 (802) 863-2857 FACSIMILE (802) 863-2869 Enclosed for filing is an Application in connection with a variance for Susan Eaton. Also enclosed are eight (8) copies of the plat plan. A check in the amount of $50.00 is enclosed to cover the filing fee. Thank you. If you have any questions, please let me know. RFP,Jr./gmt Enclosures Very truly yours, Richard F. Peterson, Jr. F•• lllall�Vw CRABBE v 130, p. 552 LOCUS. --PLAN- THIS PLAT IS BASED ON A TOTAL STATION CONTROL TRAVERSE, EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH BURLINGTON LAND RECORDS BEARINGS ARE BASED ON MAGNETIC NORTH. BEING THE LAND CONVEYED TO SUSAN EATON IN VOLUME 256 PAGE 515. PLAT OF LAND OF Of SUSAN EATO_ N SCOTT D. TAYLOR * ' SOUTH BURLINGTON, VERMONT NO. 488 4,CEN5E� sTRUDELL CONSULTING ENGINEERS, INC. l 1111j1101 14 Blair Park Road Box 308 Williston, Vermont 05495 (802) 879-6331 Project number— _86090 Project mgr. SOT _ _ Drawn ___KMC f Date_ 5 /13 / 88 Scale 1 = 21 Field Book_ 100 __- Disk _ 10_3 1 I \ — OAKWOOD i = 302.4 DRIVE R GRAVEL DURSET LAND CO., INC. 12 7 P. 68 o DRIVE ' ? \ If EXISTING MANHOLd_ —302.5 / j S 07057 4g" W 66.73 0,44 ACRE, _ -- ~ �—PROPOr` "D COTA _ _ I _ — �' �� BUILDI, v. 171 , p. 21.1 PROPOSED PARKING �' \ AREA AND �t o O - - -- -- — ----- \ \ N � r ' C/) -- 0 \ -- a \ \ ° REEN M77 NT I j \ V POw 48 A 4 9R CORD \ � DECK Il 1 160.p0' x J -N OT 25 53 — - -- 16.5 Graphic Scale r 20 0 20 40 5 0 5 r0 15 To obtain meters multiply feet by 0.3048 STATE OF VERMONT (INTERSTATE 89 ) Feet 60 80 Meters 20 25 LEGEND IRON PIPE (TO BE SE T ) • IRON PIPE_ (FOUND) REBAR WITH PLASTIC CAP (FOUND) ■ CONC. MONUMENT (FOUND) -) POWER POLE x__ CHAIN LINK FENCE