HomeMy WebLinkAboutVR-85-0000 - Supplemental - 0131 Patchen RoadAugust 12, 1985
Mr. Terry Shepard
131 Patchen Road
South Burlington, Vermont 05401
Dear Mr. Shepard:
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, August 26, 1985 at 5:00 P.M. to consider
your application of appeal.
Please plan to attend this meeting.
very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcg
SHEPARD
131 Patchen Road
Area zoned R-4 District
Section 19.65 Multiple uses
Existing use single-family dwelling
Proposed use another single family dwelling - 24' x 42' with attached
garage 18' x 24'
Lot 1.3 acres with 132' frontage
Proposed access from driveway to Jaycee Park - this seems unlikely -
see letter from Agency of Environmental Conservation
State of Vermont.
Department of Fish and Game
Department of Forests, Parks, and Recreation
Department of Water Resources & Environmental Engineering
Natural Resources Conservation Council
Bruce O'Neill, Supt, of Recreation
575 Dorset Street
South Burlington, VT 05401
Re: LWCF Project #50-00271
Dear Bruce:
AGENCY OF FNVIItONNlFNTAL CONSF.ItVA'I'ION
IINlontpelier, Vermont 05602
I)F.PAIt'I'NIF.N'I' OF' FORF.S'I'S, PARES AND RECREATION
August 8, 1985
RECEIVED
MANAGER'' OFFICE
CITY SO. BURLINGTON
This letter is a followup on phone conversations with you and
the regional National Park Service office regarding a possible right-
of-way through Jaycee Park, NPS has informed me that granting a r.o.w.
for private use through the park would be a conversion of use under
Section 675.9.3A(.2) of the LWCF Grants Manual (enclosed).
You would be granting an individual a non -recreational private
use of an area dedicated for public recreation. In addition, by
granting this r.o.w. you would be limiting future policy decisions
the city could make regarding access and parking at the facility.
You would not be able to gate the park or fence off the parking lot,
should you ever choose to do so.
This decision was based on verbal information. If the city
wishes to pursue the matter, you should send a request for approval
of the conversion to this office with a justification as outlined
under 675.9.3(B). Prerequisites to Consideration of Conversions.
(.Enclosed). However, unless additional information is produced
showing that the conversion would increase recreational opportunities
for the public, I do not believe this conversion would be approved.
If you have any questions, please don't hesitate to give me
a call.
Sincerely,
Peter Strobridge
LWCF Grants Administrator
PS/sa
Enclosures
No Text
No Text
Ci fi,1: 11ER 'c75.S; L&dCh' GRAIVi'S MANUAL
y/ rees chart s_ to nonresidents cannot exceed twice that charged to
residents. Where there is nc charge "or residents but a fee is
charged to nonresidents, nonresident fees cannot exceed fees charged
for rczid is at corTarable State or local public facilities.
ReservaL......,, r mbar�;h; or annual permit systeirz available to
resider,,s roust also be avai.l.:ble to nonresidents and the period of
availability -mist be. the Same for both residents and nonresidents.
These provisions apply only to the.recreation areas described in the .
project agreement. Nonresident fishing and hunting license fees are
excluded from these requirements.
C. "iscr;mination cn the Basis of Handicap. Section 504 of the
Rehabilitation Act of 1973 requires that no qualified person shall on
the basis of handicap, be excluded from participation in, be denied
benefits of, or otherwise be subjected to discrimination under any
program or activity which receives or benefits from Federal financial
ass i--t•anc
D. Reasonable Use Limitations. Project sponsors may impose reasonable
limits on the type and extent of use of areas and facilities acquired
or developed with Fund assistance when such a limitation is necessary
for maintenance or preservation. Thus, limitations may be imposed on
the nambt:rs of person using an area or facility or the type of users,
such as "::enters only" or "hikers only." All limitations shall be in
accord with the applicable grant agreement and amendments.
AnnProperty acquired or developed with LFWCF assistance shall be
retained�i?id used for public outdoor recreation. Any property so acquired
or developed shall not be wholly or partly converted to other than public
outdoor recreation uses without the approval of the NPS Regional Director
pursuant to Section 6(f) (3) of. the L&WCF Act. The Director has authority
to disapprove conversion requests and/or to reject proposed property
substitutions.
A. Conversion applicability. Conversions generally occur in the
ollcwing four situations:
(1) Property interests are conveyed for non-public outdoor recreation
uses.
�2) "Non -out eczq_atio ,,; `ses . (public ,
."Oro t.t or a porZjon thereof.
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(3) Non-e igibie indoor recreation facilities are developed within
the project area.
(} Public outdoor recreation use of property acquired or developed
with L°uWCF assistance is terminated.
----------------------------
Manual Release 140
Replaces. PD 21 7/ 21/ 7 7
PD 9 8/05/76
PD 125 12/ 14/73
11lo—
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L&WCF GRANTS M'--NUAL
CE APTE:,1: 675.9
(5) Exceptions.
(a),Underground utility easements that do not have significant
impacts upon the recreational utility of the park will not.
constitute a conversion.
(b) Proposals to construct public facilities where it can be
shown that there is a gain or. increased benefit to,public•
recreational opportunity,. will not constitute a conversion.
Final review and approval of such cases shall be made on a
case by case basis in the NPS Washington office.
Prerequisites to Consideration of Conversions. The Service will only
consider conversion requests if the following prerequisites have been
met:
(2) The fair market value of the property to be converted has been
established and the property proposed for substitution is of at
least equal fair market value as established by a State approved
appraisal.
(a) Generally, this will necessitate a review of appraisals
prepared in accord with Chapter 675.2 for both the property
proposed to be converted and that recom.ended for substitution.
However, at the discretion of the Regi.on<;l Director, a State
certification that appraisals of both properties are acceptable
and reveal that the replacement property is of at least eaual
.fair market value as that of the property to be converted can
be accepted. Exercising this authority s:iould be consistent
with the State's review responsibilities with respect to
donation appraisals. (see 675.2.5E).
(b) Property improvements will be excluded frcn all fair market
value consideration for properties 'to be substituted.
Exceptions are allowable only in those cases where property
proposed for substitution contains improvements which directly
enhance its outdoor recreation utility.
(3) The property proposed for replacement is of .reasonably
equivalent usefulness and location as that being converted.
Dependent upon the.situtation and the discretion of the
Regional Director, the replacement property Need not pr,.-)vide
identical recreation experiences or. `),.> locr,ted at the same
site, provided it is in a reasonatly equivalent loc,_l:ion. It
must, however, be administered by the same political
jurisdiction a,5 the converted prc,exty.
---•--------------------------
:-tanual Release 142
Replaces: MR 140 3/22/83, PD 21- 7/21/77
PD 19 8/05/76, MR 125 12/14/73
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(4) The property propcs,�d for substitution meets =ne eligibility
requirements .For L&tvCF,assisted acquisition (see Part 640). The
replacement property must constitute or be part of a viable
recreation ar.::a.
(a) Public lan may nett be used for substitution on acquisition
projects unless it meets the acquisition criteria of Section
670.3.4K. However, in the case of development projects for
which the State match was not derived from the cost of the
purchase or value of a donation of the land to be converted,
public land not currently dedicated to recreation/conservation
use may be used as replacement land. even,if this land is
transferred from one public agency to another without cost.
(5). All necessary coordination with other Federal agencies has been
satisfactorily accomr,lishe.d.
(6) The guidelines for environmental evaluation have been. satisfactorily
completed and considered by the Service during its review of the
proposed Ef)(3) action (see Chapter 650.2). In cases where the
proposed conversion arises from another Federal action, final
review of the State's proposal shall not occur until the Region is
assured that all environmental review requirements related to that
other action have been met.
(7) A-95 clearinghouse review procedures have been adhered to if the
.�.-,roposed conversion and substitution constitute significant changes
to the original Land and Water Conservation Fund project. (see
Chapter 650.8).
(8) The proposed. conversion and substitution are in accord with the
CORD .
(9) --aff consideration of the above points reveals no reason for
disapproval and the project files are so documented.
(10) it should also be noted that the acquisition of one parcel of
land may be used in satisfaction of several approved conversions.
However, previously acquired property can not be used to satisfy
substitution requirements except in the case of development
projects :in 675.9.3B(4)(a) noted above.
4. Amendments for. Conversion.. Conversions require amendments when the property
to be substituted is off -site or when replacement of'property is deferred.
Amendments should be submitted concurrently with conversion requests.
Section 6(f)(3) project boundary maps shall also be submitted at this time
to identify the changes to the original area caused by the proposed conversion
and to establish, as appropriate, a new "project area" pursuant to the
substitution. (see Section 660.2.6). Once the conversion
!'0�1
------------------------
Manual Release 142
Replaces: MR 140 3/22/83, PD 21 7/21/77
PD 19 8/05/76, MR 125 12/14/73
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NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
Name, address and telephone # of applicant • 1e .3 �.2epa c c`(L
Name, address of property owner
Property location and description �3 f �h-�C ��vti V.e;D.
I hereby appeal to the Zoning Board of Adjustment for the following: conditional use,
variance or decision of the administrative officer. I understand the meetings are
held twice a month (second and fourth Mondays). The legal advertisement must appear
a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee
of $30.00 which is to off -set the cost of the hearing.
C
Hearing Date Sign e of Appellant
Do not write below this line
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SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117, Title
24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing
at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South
Burlington, Vermont on at
(day of week) (month and date) time
to consider the following:
{ Appeal of
seeking : !!'' -
from Section of the South
Burlington Regulations. Request is for permission
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