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HomeMy WebLinkAboutVR-78-0000 - Supplemental - 0376 Patchen Road1=/0r",r?27'0'o L ' � �-.lam •�J'i;�-�`� �G °'- i -v ;�,. � / A C-.1�6 l t f FfC l'C✓ Fi C' {{ f \ --' 5 cc l,::rn FCC O 30 GG PO >f� ow i Micri oa,' cor' ov ner ZCra.' 1 ( ? c II C C'. cuss AJ. 0.0 E)RAWit4 R.1'. C. CHECk"� Al. �, f :.i ram'. L%:..'' �•f L._ _. ! � L ' r LJYV` l/ �.i�� � i f� 6 �r l ! i �;-s�x����� —_=_____--: _. .�%,"_ --- _•_� ter, '. ; . i... = FYf]..TT�x Ct� 0:,'G1.9-`J fGSuC u June 5, 1978 Appeal #3 - David and Carolyn Antone Stipulations: 1. Use is to be for the construction of prefabrication of wood buildings only. 2. Construction will be indoors only. 3. All products will be stored indoors. 4. Use of the property as a contractor's yard will be discontinued immediately upon the start of business by Mr. Elmore and passive use as a contractor's yard will be discontinued within 12 months. co 'CeN /uyieGe.4n �T 376 c��vvr .PcC. F. R. ANTONE, INC. EXCAVATING 376 PATCHEN ROAD, SOUTH BURLINGTON, VERMONT 05401 Phones 862-0321 862-3566 June 5, 1978 TO WHOM IT MAY CONCERN This letter is to state that it is the intention of F. R. ANTONE, INC. to end business operations at its present location, 376 Patchen Road. As it will take some time to reduce accumulated inventories, some area will be reserved for storage. It will also be necessary to store excavating equipment over this coming winter. Equipment storage will be required for this coming winter only. Plans are being made to remove all equipment and inventories by June 1979. Sincerely DAVID F. ANTONE President SOUTH BURLINGTON ZONING NOTICE In accordance with the South Bur- lington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjust- ment will hold o public hearing of the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on Monday, June 5, 1978, at S:00 p.m. to consider the following: No. 1 Appeal of Lawrence and Judith Dunlop seeking a variance, from Section 13.67, Swimming Pool re- quirement of the South Burlington Zoning Regulations. Request Is for Permission to construct a 16' x 32' swimming pool to withir eight (8) feet of the northerly rear yard line, at 6 Scotsdale Road No. 2 Appeal of Homer Dubois seek- Ing a variance, from Section 13 00, nonconforming Uses 3 Structures of the South Burlington Zoning Regu- latlorts_ Request Is for permission to construct on addition 1t' x 24' and an attached garage 24' x 24' to a struc- ture which is non -conforming to the set -back requirements, at 137S Hinesburg Road No. 3 Appeal of David and Carolyn Anton seeking a variance, from Section 9.00, Permitted Uses and Section 11.13 Multiple uses of the South Burlington Zoning Regu- lations. Request Is for permission to operate of contractor's yard In con- junction with an office, storage area and preponeling of wood buildings at 376 Patchen Road. No. A Appeal of Paul Choinlere t John Buffum seeking a variance, trom Section 11.15, Multiple Uses of the South Burlington Zoning Repu- lotions. Request Is for permission to construct a 30' x 60' storage building and 30' x 30' addition to the repair shop, In conjunction with the exlst- Ing automotive sales and service, at 2073 Williston Road. No. 5 Appeal of Pivagalli Realty Company seeking approval, under Section 9-10, Conditional uses of the South Burlinoton Zoning Regu- lations Request is for permission to construct a building containing 15,000 square feet an operate a wholesale distribution and storage facility, on lot 10.14 Green Mountain Drive Robert M. Martineau, Chairman South Burlington Zoning Board Of Adjustment May 20, 1978 , �Sl , V, CK pbi - Pitt (gouotrurtion (go,., �ur. 1140 WILLISTON ROAD BOX 812 BURLINGTON, VERMONT 05401 PHONE: 802- 863 - 1336 May 12, 1978 So. Burlington Zoning Board So. Burlington, Vermont 05401 Gentlemen: In anticipation of purchasing the David Antone property located at 376 Patchen Road, So. Burlington, I would like to use the three buildings that are presently there as follows: The little office building in front for office space; the storage shed on the right as storage and as office space; the big building that is now presently a garage would be used for the purpose of prepaneling wooden buildings. I hope that the outline for the use of these buildings meets with your approval, and I request that you give me a permit to do so. BME/lw Thanking you in advance, I remain Sincerely yours, DI- ILT T UC RES, INC. �C UCE M. ELMORE President GARAGES - SIDING - COTTAGES 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. Property Owner Property locat Variance of Section , (number) (title of section Basis of appeal 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. -SL'(V0 C--- C f �) a4'�_J 4 Hearing Date Signature of Appellant 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 (day of week) (rdonth and date) following: Appeal of"^�u• (time) to consider the seeking a L1a_4, A.,,. rA , , from Section �, �'L� , ,l/it►�c.�t`c�C l�..c � ��P �ir �i� .. _"' r.d of the South Burlington Zoning Regulations. Request is for/ permission to dia �.► -; �c ,�. .ar-fir; , /(i1_�G�'" .[�.,.. rC-.h�-,1,..t-'.,^.r..f-un �r. 'iI ?fJ':: �I.�ti fJ-�(�-+`.'{•� I /'� <7,r.t`c'% :i', C- a iQ/1fJ� I"�'2a G._l' frY aj( 1 i µ," i f1� .. U s e-a! Cie .A �C..•. I ��'�1".. le- May 19, 1978 Mr, David Antone 376 Patchen Road South Burlington, Vermont 05401 Dear Mr, Antone: Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road on Monday, June 5, 1978 at 5:00 p.m. to consider your request for a zoning variance. Please plan to attend. Very truly, Richard Ward Zoning Administrative Officer RW/mcg CS /`� �.w.-�,_�e.. ,. ,� ,,� f ,� �� May 2, 1978 Mr. David Antone 376 Patchen Road South Burlington, Vermont 05401 Re: Subdivision of property at Patchen Road Dear Mr. Antone: Based on plans and other information submitted to us by you, it is clear that the subdivision at 376 Patchen Road occ- urred on or about December, 19740 which was prior to the adopt- ion of the City's "new" subdivision regulations (May, 1976) but followed the adoption of the "new" zoning ordinance (March, 1974). Thus there was no substantive violation of the subdivision reg- ulationst however, with regard to zoning, the 2 lots resulting (.5,.6 A each) from the subdivision fall far short of the required minimum lot size, 80,000 square feet. With Attorney Spoken opinion (dated 12/20/76) in mind, it is our interpretation that these two lots be considered valid pre- existing small lots. As such, any use of these lots is subject to the full complement of applicable zoning restrictions, such as multiple uses, non -conforming uses & structures, etc. It in our feeling that this is the most justifiable, equitable, and pro- gmatic solution for all parties concerned. However, this is not to be construed as our condoning an iU*gal subdivision - you can depend on prompt legal action for any future violations. Call if you have any questions. Yours truly, Richard Ward, Stepehn Page, Zoning Administrator Planner SP/mcq cc: Attorney Richard Spokes �Ic.E � �►t-t'Ct74� \� LAW OFFICES OF EWING & SPOKES 86 ST PAUL STREET BURLINGTON, VERMONT OS401 JOHN T. EWING AREA CODE 802 RICHARD A. SPOKES December 20, 1976 863-2857 JOSEPH F. OBVCHOWSKI Richard R. Ward Zoning Administrative Officer 1175 Williston Road So. Burlington, Vt. 05401 RE: Antone Dear Dick: I have reviewed your letter of December 7, 1976, with enclosures. It is very clear that Frank Antone created two non -conforming lots. A non -conforming lot cannot be legally created unless the owner is granted a variance by the Zoning Board of Adjustment. It would not be practical for the City to attempt, through court action, to have the conveyance from Frank Antone to David Antone rescinded. It would be possible, however, for the City to prosecute Frank Antone for violating the zoning regulations. This could be done by the same procedure we have used in prosecuting sign ordinance violators. Again, I am not sure whether it would be practical to initiate such an action. I suspect the court would levy a fine, but the attorney's fees would exceed the amount of the fine. I also feel the situation is somewhat tempered by the fact that there are several existing structures on the property. A third alternative is for the City to require Frank Antone to seek approval from the Zoning Board of Adjustment by requesting a variance to create the two non -conforming lots. Again, I am not sure just what this would accomplish. I think in this situation, the most appropriate thing to do is to caution the Antones that any further development of their properties of any nature will be considered a violation of the zoning ordinance and will lead to legal action by the City. Ver truly yours, Ri� - Spo es RAS:nm November 22, 1977 Paul, Frank & Collins 135 College Street Burlington, Vt. 05401 Attention: Attorney Peter Collins Re: Antone Property, Patchen Rd. Dear Peter: This office is in receipt of your November 21, 1977 letter relating to the above caption matter. I feel that you are not aware of the past action taken by the Antone's, so I will explain it. In December, 1976 David applied for a variance to operate an automotive repair shop in conjunction with his contractor's operation. It was at that time that we learned of the subdivision. However, the Antone's created two non -conforming lots. The Zoning Board of Adjustment requested an opinion from Attorney Spokes, a copy of which is enclosed and explains in more detail the problem and the possible solution. As of September, 1977 David had taken no further action. In September he applied for a second variance, which was denied based on the fact that he never resolved the creation of the two non -conforming lots. The solution remains the same. David needs to request a variance allowing him to set-off the lots, which will legalize the question, as for the subdivision in.1974__under_our 1963 regulation we allowed up to three lots before requiring approval; today any division requires approval. Hope I haven't confused the issue. If I have, please don't hesitate to call me. Very truly yours, Richard Ward Zoning Administrator Officer RW/gmy Enc. PAU L, FRANK & COLLINS, INc. R.ALLAN PAUL ATTORNEYS AT LAW JOSEPH E FRANK 135 COLLEGE STREET PETER M. COLLINS JOHN T. SARTORE BURLINGTON, VERMONT 05402 B. MICHAEL FRYE ANTHONY B. LAMB November 21, 1977 Mr. Richard R. Ward Zoning Administrator City of South Burlington 1175 Williston Road South Burlington, VT 05401 Re: David and Carolyn Antone Property on Patchen Road Dear Dick: TELEPHONE 6Sa-2311 AREA CODE 802 REPLY TO: P. O. BOX $27 This office represents David and Carolyn Antone who own a parcel of land containing .6 acres, situated on the easterly side of Patchen Road. Recently, David Antone contacted me in connection with the sale of this property. He was informed by someone at City Hall that he could not sell his parcel because he had an unapproved subdivision and hence would have to formally apply for subdivision approval. After David Antone contacted me I reviewed my real estate file because I was confident that we had raised this question at the time his father, Frank Antone, divided his land and conveyed a portion to David and his wife. I have enclosed copies of two letters dated December 19 and December 24, 1974 which are self explanatory. You will note that I refer to approval already obtained by the City of South Burlington for that subdivision. Although I do not have anything in writing in my file from the city, I assure you that we would not have gone to the expense of surveying the property, recording a subdivision plan in the land records and quit -claiming the parcel to David and his wife, had we not first obtained both the approval of the City of South Burlington and the State of Vermont. I Mr. Richard R. Ward November 21, 1977 Page 2 I wish that you would review this matter again with the hope that I can advise Mr. Antone he is free to sell his lot. I await your advice. Thank you. Cordially yours, PAU K Ains , ter M. Col PMC:lmr Enclosures cc: David Antone I December 19, 1974 District Environmental Commission P. O. Box 108 58 Pearl Street Essex Junction, Vermont 05452 Re: Health Department Permit Gentlemen: I represent ter. Frank Antone and F. R. Antone, Inc. At present Mr. Antone owns a lot of land in South Burling- ton totaling approximately 1.1 acres. Fie desires to divide this lot into two parcels, one of .5 acres and one of .6 acres. I have enclosed a copy of a survey plan showing the proposed division. There are three structures on the property in ques- tion, namely, two houses and an office next to Patchen Road served by City of South Burlington public server system, and an office building and garage on the rear of said property served by a septic system. All buildings have been in existence since 1958. The City of South Burlington Zoning Administrator informs us that this proposed division of land does not need the fornal approval of the City of South Burlington. Under the present circumstances, I would respectfully request an opinion from your office as to whether this proposed division will require any health department permit from the State. I avyait your advice. Cordially yours, PAUL, FRANK & COLLINS Peter M. Collins P;4C/bb Enclosure 111 State of Vermont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Hoard Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Peter M. Collins, Esq. Paul, Frank & Collins 135 College Street Burlington, Vermont 05401 Re: Mr. Frank Antone Dear Mr. Collins: AGENCY OF ENVIRONMENTAL CONSERVATION DISTRICT ENVIRONMENTAL COMMISSION P. 0. BOX 103 Essex Junction, VT 05452 December 24, 1974 The division of the lot presently owned by Mr. Antone into two parcels as described in your letter of December 19, 1974, will not require a permit under the Department of Health Subdivision Regulations. It is my interpretation of the situation that the two parcels having; been previously developed, should be considered existing lots. No Land Use Permit will be required from this office. Thank you for your attention in this matter. If you have any further questions do not hesitate to give me a call. Sincerely, V Curtis W. Carter Environmental Coordinator MIC:mal C December 19, 1974 District Environmental Commission P. O. Box 108 58 Pearl Street Essex Junction_, Clermont 05452 Re: Health Department Permit Gentlemen: I represent Mr. Frank Antone and F. R. Antone, Inc. At present 114r. Antone owns a lot of land in South Burling- ton totaling approximately 1.1 acres. He desires to divide this lot into two parcels, one of .5 acres and one of .6 acres. I have enclosed a copy of a survey plan showing the proposed division. There arc three structures on the property in ques- tion, namely, two houses and an office next to Patchen Road served by City of South Burlington public sewer system, and an office building and garage on the rear of said property served by a septic system. All buildings have been in existence since 1958. The City of South Burlington Zoning Administrator informs us that this proposed division of land does not need the formal approval of the City of South Burlington. Under the present circumstances, I would respectfully request an opinion from your office as to whether this proposed division will require any health department permit from the State. I await your advice. Cordially yours, PAUL, FRANK & COLLINS Peter M. Collins Pj'4C/bb Enclosure State of Vermont Department of Fish and Game Department of Forests and Parks Department of Water Resources Environmental Board Division of Environmental Protection Division of Recreation Division of Planning Natural Resources Conservation Council Peter M. Collins, Esq. Paul, Frank & Collins 135 College Street Burlington, Vermont 05401 Re: Mr. Frank Antone Dear Mr. Collins: AGENCY OF ENVIRONMENTAL CONSERVATION DISTRICT ENVIRONMENTAL COMMISSION P. 0. BOX 103 Essex Junction, VT 05452 December 24, 1974 The division of the lot presently owned by 1b?. Anton into two parcels as described in your letter of December 19, 1974, will not require a permit under the Department of Health Subdivision Regulations. It is my interpretation of the situation that the two parcels having; been previously developed, should be considered existing lots. No Lend Use Permit will be required from this office. Thank you for your attention in this matter. If you have any further questions do not hesitate to give me a call. Sincerely, v Curtis W. Carter Environmental Coordinator WC : mal ZONING BOARD OF ADJUSTMENT JANUARY 3. Z The Board voted 4 to 1 to approve this appeal with the above noted stipulation that it be reviewed in one year and an additional stipulation that the mobile home have a front setback of 75 feet. Appeal of David & Carolyn Antone (continued) Chairman Myette-said that the City Attorney had been asked to research the question that came up at the last meeting about whether a court case had ever been adjudicated. He referred to a letter from the City Attorney and also a copy of a document from the Deputy Clerk of the Superior Court. He asked Mr. Ward if the Antones had been apprised of these and Mr. Antone replied he had seen them. Mr. Myette said there was also some question as to where the exact district boundaries lay. Mr. Ward said the district boundaries are: Residential District (R-4) from the center line of Kirby Road proceeding in the westerly direction along Patchen Road 650 feet, not quite to Harrington's northwest corner, then on Patchen Road it is 250 feet, The Industrial District goes from the CO District of the Interstate which is 150 feet and goes way over to the Airport Industrial zone. The Chairman said it looks like all the properties are within txo districts. Mr. Ward said the front properties are in the residential and the rear properties in the industrial. All of the lot that has the two houses is in the residential. This information is from. the Tax Map which defines all the properties by boundaries Mrs. Alger studied the I# Map and asked if these were the actual boundaries. Mr. Ward assured her everything there comes from the Tax Nap, and the Chairman said the Tax Yap boundaries would be verified by the appraisal. Mr. Ward said he had not physically set them off in the field. The Chairman asked Mr. Antone when the property was acquired that he was requesting a use variance on. Mr. Antone said approximately December, 1975 but he didn't have the information with hire. Mr. Ward said the survey was dated December, 1975. The Chairman said the question was when was it acquired by Mr. Antone's family, and Mr. Antone said he was not sure, approximately 1964. The Chairman asked Mrs. Alger if she was questioning whether or not they had ever acquired title to it. Mr. Antone said they had a quit claim deed to that property, and Mr. Ward added they are paying taxes on it because it came off the Tax Map. Mr. Sylvester said if in fact they did not own it, then the recourse would be through the courts. Mr. Antone explained they traded some property for this and have a copy of the quit claim deed. _ The Chairman said it seemed that particular lot had been subdivided to be non -conforming. Therefore, the Board in order to correct the legal problems would have to grant a variance if it saw fit to set that use off, and that has not been warned so the warning process would have to be started again. The Antones would have to request to the Board a consideration for the use variance and then the Board would consider whether or not the use variance would comply. This appeal could be, he suggested, denied and re -warned, or withdrawn and re -warned. 4. ZONING BOARD OF ADJUSTMENT JA NUA RY ,L 1K7_ EP Mr. Myette said there was still more documentation necessary le would like to see it re -warned as a package rather than as this particular request. He said he felt it would be better to withdraw and resubmit as a combination request. Mr. Ward commented that there are so many divisions involved here, even the division of residential vs. industrial. The front building would be on a little lot all by itself and the back building on the back lot all by itself. Mrs, Alger asked about the regulation concerning square footage for a resi- dence vs. square footage for industrial. She said if the suggestion was for Ins. Antone to have a package, there isn't enough for any of them. There are too many buildings on there. There is a limit and if he can do this why can't others do what they want with their property. The Chairman told Mrs. Alger this part of the hearing was reserved for information proposes only and when the opposition process is reached she will have a chance to express her feelings. Mrs. Alger asked if these'regulations were for everybody, and the Chairman replied that is why the City has a Zoning Board, Mr. Sylvester stated he did not think the Board had any jurisdiction to entertain this particular appeal at this time because the appeal is based on a non -conforming setup. It is up to the appellant to either withdraw and resubmit, or change the title. The Board cannot hear it -- the Board has no jurisdiction. Mr. Ward said the father is going to have to make an application. The Chairman said the burden is all on theca, not on the Zoning Board. He explained to Mr. Antone if the Board votes and denies, it can't be brought back in the way it is. W� _ Mr. Antone said he was trying to get things straightened out and he was perfectly willing to go back and go through channels.- He said they made the division because they didn't know -- now they will go back to rectify that situation before they get involved in this one. The rRenrd eal of David and Carolyn AntontL Appeal i4f1 officially withdrawn by Mr. Antone on Appeal of O'Brien Realty, Agents for Pearlman Estate continutqj Chairman Myette stated for the record that he was abstaining from the consideration of this appeal and that Vice Chairman Martineau would preside In his place. Mr. Martineau asked Mr. Ward if any new information had come to him pertaining to this appeal, and Mr. Wand replied none. _ Mr. Martineau then asked if there was anyone in the room who was interested in this appeal who was not present at the last meeting. There was no response. He then told Mr. Burns, representing O'Brien Realty, he would like to limit the discussion tonight to a new plan or new information other than what was presented last time. the Mr. Burns displayed a new drawing and said they had changed building to make it a prow and indicated on the drawing where they had made changes in location, particularly on the side where the motel had objected to the previous plan as taking away their light. The attached shed is to be torn down. They are cutting the elevation down at least 5 feet by putting the L building into the ground by 4 feet, asplit foyer type of building, and this will cut down the height of the building. C August 15, 1977 ZONING BOARD OF ADJUSTMFAT The South Burlington Zoning Board of Adjustment held a public hearing on Monday, August 15, 1977, in the conference room, Municipal Offices, 1175 Milli sto n Road at 5 : 00 P.M. Members Present Robert Martineau, Vice -Chairman, Frederick Fayette, Jr., J. 3Verett Reed, RoF:ard Perkett, Norman Campbell Members Absent Richard Myette, Chairman, Paul Graves Others Present Steven Page, Planning Assistant, Robert Bensen, Lawrence Bagdan, Frank Spates, Jr., Gary Warner, Mr. and Mrs. George Plouff, Mr. and Mrs. Clayton DeGraff, Jr., Beatrice Alger, Phyllis Lee and Mr. Gadbois. No. 1 - Appeal of David Antone Appeal of David Antone seeking apnroval of a Conditional Use under Section 13.10, Conditional Uses of the South Burlington Zoning Regulations. Request is for permission to use existing structure at 376 Patchen Road for an automotive repair service. Mr. Martineau found that no one was present to represent Mr. Antone but that others in the audience were present for this appeal. The Board agreed to post- pone discussion until later in the meeting hoping that Mr. Antone might come. Mr. Martineau then explained that with a 7 member Zoning Board, 4 affirmative votes are necessary to grant any appeal. If only 4 members are present at any time, all 4 would have to vote affirmatively for an appeal to pass. No. 2 - Appeal of Robert Bensen Appeal of Robert Bensen seeking a variance from Section 11.15, Multiple Uses, of the South Burlington Zoning Regulations. Request is for per,-n ssion to con- struct a 12' x 12' addition to an existing paddle tennis shelter for use as an office. Mr. Page explained that the addition would be on the west side of Farrell Street _ near Joy Drive and that in the original warning the address had been omitted. A corrected warning had been published to cover the legalities and Mr. Martineau agreed that they wire covered. Mr. Page said the area is tined Business Planned Development. the current use granted in 1974 was for n_ addle tennis added to the regular tennis and that the appelant now wanted to add a 12' x 12' office to the existing warm-up shelter to double as an office for his other business. Drawing of the site plan was subritted showing existing floor plans and the proposed addition as well as drawings of the elevation. The appeal :.:as for multiple uses of an additional business in the proposed addition. The apoelant was already under variance for more than one use on one lot since the use originally was for indoor tennis and then the use for paddle tennis was granted later. I 4. Returning to: No. 1 - Appeal of David Antone Mr. Martineau would now allow discussion of Appeal No. 1, even though David Antone had not appeared. Mr.Page assured the Board that he had been notified. Mr. Martineau allowed discussion since several interested parties were present In the audience. Mr. Page reported that the property is in the Airport Industrial Zone. Mr. Antone had placed a multiple use application before the Board on January 3, 1977 but withdrew because of neighborhood opposition. The new request is for a simple use conversion from a contractor's yard to an auto repair business. The auto repair business is a conditional use in that zone. In a letter to the City dated August 1, 1977 Mr. Antone outlined that he wanted to phase out the excavating business and have an automobile repair business on the property. He would not be selling gasoline, the hours would be from 9 to 6, Monday through Friday, there would be fewer employees, and no new structure involved. There would be little change in traffic and parking, but much less noise without the trucks. Mr. Martineau allowed questions from the audience and George Plouff asked whether the letter from Mr. "ntone was official and if the apnelant later violated provisions in the letter would he be in violation of any approval? Mr. Martineau said that if the letter were made part of the record and a condition of approval, Mr. Antone could be called on violations and it would be up to the Zoning Ad- ministrator to enforce the violation. Mr. Perkett agreed that the provisions in the letter could be made a condition of approval but he would like to point out that minor conditions of a business such as hours of operation or perhaps being open on Saturday must also be seriously considered to be fair to the successful oneration of the business. Mr. Plouff would like the letter to be used to limit the business and restrict the operation as much as possible. Mr. Martineau replied that the Board would consider it. Mr. DeGraff and Mr. Plouff then discussed a long history of variances, viola- tions and difficulty of enforcing violations on the property. Steve Page said that the Antone father and son had set off two non -conforming lots on the property which were in violation of the new Zoning Ordinance. He had consulted with the City Attorney and Mr. Spokes recommended that they wait to enforce the violation until an actual change took place with the buildings on the lots. Mrs. Alger stated that the neighbors had been fighting variances and violations for twenty years on the Antone property. She presented a letter to the Board outlining the various problems through the years. Mr. Martineau accepted the letter for the record and wanted copies sent to the various participants in the proceedings. He also said that the Board must hear every appeal that came before it providing each appeal was different. Be asked if 1`rs. Alger objected to the violations or just the business there now and she replied "both." Mr. Antone keeps breaking the law, and the lot he has is too small for the uses he puts it to. Also, the trucks were noisy and dirty and had damaged residences both inside and out. Mr. Martineau ascertained that Mr. and 1drs. DeGraff and Mr. and Mrs. Plouff agreed with Mrs. Alger. Mr. Perkett recommended an on -site inspection before the next hearing. There was no second to this. Mr. Cambell asked would they still object "if a nice nerson cane along that you all liked, would you still object?" Everynne agreed they would still object. Yr. Martineau would like to check with the City Attorney on the problem of existing violations and Mr. Fayette suggested that each Board member manage to get over to see the property individually before the next meeting. Everyone agreed to that. I 5• A motion was made by Mr. Reed to table the appeal of David Antone to the September 12the meeting. This was seconded by Mr. Fayette and passed unanimously. The appeal of Phyllis Lee which was warned as item No. 1 at the August 1, 1977 hearing. Mrs. Lee did not make an appearance at that hearing, and was coming in now. The appeal is for a 9 foot variance under Section 11:00 of the South Burlington Zoning Ordinance. The zone is R-4 and the rear yard setback is 30' in the ordinance. Her house is 33' from the rear line and she wishes to add a screened patio 12' x 20' in size, and requires a 9' variance. Mrs. Lee explained that she already had a rear deck on the house. She would now like a screened patio, somewhat larger than the existing deck to be used as an outside family room. There was no onoosition. The Board voted unanimously to grant this appeal. Mr. Page reported that two incompleted items from previous meetings had been formally withdrawn. They weret David Carlson in regard to the Smith, Bell modle home, and Nat Lash, addition to the Shelburne Road store. The Board agreed that no further action was required on these two items. Kingsley Nursery School_ - review of approval stipulation Franted On August 16, 1976. At the time of approval there was a question of traffic in the area. The Nursery School is located at 4 Dean Street right at the curve on Hinesburg Road. Aporoval was granted with the stipulation that the traffic situation be reviewed in one year. Mr. Martineau noted that the Minutes of August 16, 1976 did not exactly reflect that the use may expire after the one year review, but the intent of the Board was char. Mr. Page presented a letter signed by neighbors stating that the School was not causing any problems in the area. Mr. Campbell made a motion that the variance be granted permanently to Firs. Kingsley for operation of the Nursery School and seconded by :sir. xeed. The Board passed this motion unanimously. ;Minutes of June 6. 197Z - Mr. Reed made a motion that the Minutes be aporoved, and seconded by Mr. Fayette. It was noted that Mr. Reed and :Sr. Fayette were the only members currently present who were also present at the June 6 meeting and that the letter of the law wa_s being observed by this aporoval. Minutes of June 20, 1977 - Mr. Reed made a motion that these Minutes be approved, seconded by Mr. Fayette, and passed unanimously. :Minutes of June 27, 1977 - Mr. Perkett requested a change on Page 2, 3rd para- graph from the bottom. The words "of Ray Pecor and John Champoux" were added to the end of the first sentence in that paragraph. Mr. Reed made a motion that the Minutes be aporoved as amended, seconded by Mr. Perkett,Dassed unanimously. Minutes of July 11, 1977 - for the record it was nested that these Minutes had been approved at a previous meeting. !Minutes of August 1, 1977 - Mr. Martineau would like the :'iinutes amended about 1/2 way down the page on Page 2 to read 'Ur. Parker said the fence could be TOWN OF SOUTH BURLINGTON SOUTH HURLIN[a�TU � vMoN '' ':4 ,. ..�!'v�"w,.. - .q�r. �} �.. ""`+.v5.a�� `yi�i, `�r5,.; ~ ti'�' •w i. "�i•'stl _'`""�'�'y�-Gy' E... ' TOWN MANAGER' , ; : , ,�-- ,.,,' �. .;;,- r;.,»,< r �,�,• •,�. � �,. � :f •"f t� ..3.' ..7F :��,. ;`1 4 '�s�-(-7e r�, Lk.. ...E '�` �`j, _ 'V�e �. > Y 7, -�w.i �i� }�-- - 'iw f2 ii^ "„i Y.► r•�.�1y;1•�`��.-? r -•�- `'J -x- - `��". -r 3x"4_ c^- y. p'�..i4� .}'7,'S . c� �yJ:- _ �. •FE, ,�a, _ - -- _ _*.,_ .-7 •'yit. A #=-,'r.'` �•. !i. �:L! . _' • f.-,. �: .t ' - `- - Dec. 22 1 1961 Mathev G. IaarT Jr., Esq. `.* '.'t, r"'•, z.y2�00wNaia St. aw �11I"� nj4I On. Vt • Dear M2'. Lea17f �: ;4r; +. ,�,' •„ '.�' y{a Al:�, 1s"attorney for Arthur Darochia `Ernestine Dutochia' �eitr oe,4�gai� * fit': e � Clayton Degraff, and Ernestine DoGraff please be ad n"d petition of 'l mak 3t lntons • ;operato'a co i , `;� Patchen goad `nas appro�sd . bt tttie Zoning hoard s "l{, on Sove a 22 with' the - follaving re~etrt'ctions '' - .'a.• _.t- `. �. —. ram: - ', C�. �,�,.. r�'r 0�.¢� ','_. ,,�- t-1.F i. t^6-foet;' iiocto:di-type cedar fenoe : _ srec L�Tahiel the wiev of mlobors to the ,4 !'sor of the 2. 'No aa�ioeercS vehieles MY be parked near the residence building, *zoo a .jeep and i eskU 'ti sck�,'' s i.r 3. Thera shall be no stockpiling on the preisfiss.;,,t •�`s , w ii' F� 4. Mr. 4atone may ' not -nee age drivemy other than .lt3s vs:►�� A S. The 00side shall regain free of all _t, p�i r` and r tbbish.'� . 6. Thera Al4u bi no ^c,onsrcial activi Sundays and ltoiidals. 7. There Awn: I* no -junk or. aDbiat► re yy1�tt �rF' S- E. The area siwi�a 1lr. in om�ees'drive Barr ► , +vw�: t +.+�., iM'• Mr.�•t ?"'7 f .,, ,, ,• r � �;ar"#a�` +f`, r' Vie' .: ;t , It T can b fir. t�tr�er assistance to yeas phase_ Qa►.tiot' hesitate to � r MnoII arm hwi"xY'3,r r Since"lf w .. • braes P. Hirtfikim own Manager SUPERIOR COURT OF VERMONT (802) 863-3467 COUNTY COURTHOUSE P.O. BOX 187 175 MAIN STREET BURLINGTON, VERMONT 05401 RE: In Re: Petition of Frank Antone and Beulah Antone Docket No. 8696 I, NORMAN E. PEDUZZI, Deputy Clerk of Chittenden Superior Court, Burlington, Vermont do hereby certify that the above - captioned case was ordered dismissed by the said Chittenden Superior Court. Dated this 7th day of December, 1976. No man E. Peduzzi Deputy Clerk 44--;ez z2Z D F �a ' r . :�. a -I_ t "_' .- Z )L vl ,,ram v, -r _ .. 0ll �r, r,..7.r ::1 (, I1 ,-or to t�l-!' / _ - - ^1.�1SJ •--- •- t: t__. s ttin, . v,1` n _ e u� �W.' until �I`3.ri:, , -r'4 4� 7'J� ic7larc = I al r. .. t,•n .. r. _ Q�s-�..� mac.- ,;�t.,,�j -�-�- ���,��,�+'"r.7 � c...- c`�.�•f°„a, DAVID & CAROLYN `.,N `1'ONE Area zoned Airport Industrial District. Existinq use: Contractor's yard Proposed use, in addition to contractor's yard would be an automotive repair shop. Both uses allowed under Section 10.001 (Industrial District). Variance request from Section 9.00, Permitted uses and Section 11.15, Multiple uses. hepair shop to operate .from, existing 4F' x 36' 2bay garage. Contractor's yard from small oft -ice and storage shed. AR THLrrt & 11AY MJU, :t IER Area zonr�d R-4 District. Section 11.00, Dimensional requirements. Side yard requirement 15 feet. Existing 12' x 20' garage located to within 5 feet of the westerly side yard. Proposed 12' x 2.2' to rear of garage maintaining; same side yard. Lo / O' BR IEN REALTY, INC. 1270 Williston Road Area zoned ER District. Section 7.002 allows - office building -real estate and other similar professions. Existing 24' x 40' building, to be removed. Proposed building two levels, containing 2,632 sq. ft. Section 11.00, Dimensional, requirements. Set -back from Williston :-,oad 75 feet - proposed 15 feet. Rear yard 30 `'=yet - proposed 7 feet. Side yard 15 feet - proposed 3 feet. White Street also requires a 75 foot set -back. Section 11.40, pre-existing lot required minimum 1/8 acre with 40 foot frontage. Lot at 1270 "11 lilliston I"'oad contains approximately 5,270 square feet. - 2 - 174 square feet short of 1/8 acre. Additional lot at 10 White Street com gins 81100 square feet to be used for parking area also display home. Display home subject to dimensional requirements. Side yard requirement 15 feet - proposed easterly line 7 feet and westerly line 5 feet. Rear yard requirement 30 feet - proposed 3 feet. Section 11.702, 'Front yard requirements. Area greater than. 50% being used for parkin7 and driveway. DEFORGL� & LANOU 960-966 Shelburne Road Bank facility will be set -back at 75 feet. ,) 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. Property Owner. �4—>Cwi r A/iDT 1- Property location & description .��i+ia Tf�f�.%6 Tt•��, 1,501 %RA A? i Al A 40% V1 rm4 lkdm" Variance of Section _, (number title of section) Basis of appeal l a.ugi' **o ))ne.,w ALLIJAAr 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. 14"zk 0. 40, /? 7b Hearing Dater Signature f Appellant SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 91, 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, Sc-uth Burlington, Vermont on ..�* �` _, •ate- ��%G, at o to consider the day of ek month and date) time following: Appeal of X�.�.'�'-+�-�* seeking a from Section a /I., of the South Burlington Zoning Regula- tions. Request is for permission to �r� Q.•v C,�°��w" I I LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT OS401 JOHN T EWING AREA CODE 802 RICHARD A. SPOKES December 20, 1976 863-2857 JOSEPH F. OBUCHOWSKI Richard R. Ward Zoning Administrative Officer 1175 Williston Road So. Burlington, Vt. 05401 RE: Antone Dear Dick: I have reviewed your letter of December 7, 1976, with enclosures. It is very clear that Frank Antone created two non -conforming lots. A non -conforming lot cannot be legally created unless the owner is granted a variance by the Zoning Board of Adjustment. It would not be practical for the City to attempt, through court action, to have the conveyance from Frank Antone to David Antone rescinded. It would be possible, however, for the City to prosecute Frank Antone for violating the zoning regulations. This could be done by the same procedure we have used in prosecuting sign ordinance violators. Again, I am not sure whether it would be practical to initiate such an action. I suspect the court would levy a fine, but the attorney's fees would exceed the amount of the fine. I also feel the situation is somewhat tempered by the fact that there are several existing structures on the property. A third alternative is for the City to require Frank Antone to seek approval from the Zoning Board of Adjustment by requesting a variance to create the two non -conforming lots. Again, I am not sure just what this would accomplish. I think in this situation, the most appropriate thing to do is to caution the Antones that any further development of their properties of any nature will be considered a violation of the zoning ordinance and will lead to legal action by the City. Very truly yours, Rice Sp'o' es RAS:nm i'iW-.d --ntone South n-tc-n T, -? -,r 'Lr . n t : v -. r � r,n 'u-ust 30, 1977 1� '�'-,gton -onin,-, , o-r,,1 ofj us tment Z-idvj-s,-,d t - t t.,,e -cuti ur zonir- ,-efal ---- t ti-el-r n-�--t :--eeting r cy '- j, 77. l27clo�3d 1.. a 3c Y a leter .'Ler -,diich nres�nted to the " oard. to at. tend this meeting. 7 Alc g C) 1 1 1,- 11 c ur e I - Ty truly, -"C.rd Z- nan, ani, lxricer �.' Nv� - Patchen Road So. Burlington, Vt. August 15, 1977 To So. Burlington Zoning Board The Zoning Administrative Officer 1175 Williston Road So. Burlington, Vt. Gentlemen: For the loth or more time since 1954 I am once again, as a property owner and resident of Patchen ?Road, requesting the denial of request of David Antone to rezone in any manner the portion of said 376 Patchen Road lot. This request of David Antone to use the exsisting building for Automotive repair business, is just another way to cover up an existing violation for the operation of a business in residential area: "nce again, let me state for the records= the ordinial property consisted of round figures 129.2 feet frontage x 185.19 feet on which there was one orginial dwelling, and now has, in complete violation of many zoning laws, and the decision of the 1963 Court, the following. 1 six room house and garage 1 rented family dwelling 1 free standing office 1 pool 1 two bay automotive garage 3 open bay storage building with some kind of an attach office. 1 building next to shed. 2 commercial gas pumps 1 small shed near the pool All these free standing units are on approximate 35000 square feet. One acre requires 43,560 square feet: Therefore, Mr. David Antone does not have in anyway the required legal amount of land for the purpose requested, or for any other business now in operation. No measurements were advertized for this meeting, however this spring there were 83 x 129Ft. This building in question today, has been in violation of zoning, which has been publically called to the attention of the Board, the selectmen, and the Zoning Administration officer, Mr. Ward from time to time, and again in detail in Nov. and this spring. at a special public meeting. NO-ONE has seen fit 2 to elminate this nusiness and violation which has bee deminmential to the Health and well being of my immediate family thru the years; as Mr. Reed can well remember back ih the 50's when he attended coffee hours at our home at 364 Patchen Road, next.Voor to said property. This pe$ition should be denied because it violates section 1310, 13.104, 13.105 and 13.50 regarding the required capacity and perforance standards. This continouse requesting for various uses for this inaQuals parcel of land should be finalized, and the garage, 3 bay shed which is tWO feet from the fence, the gas pumps, should be removed, which were constructed with no permits and the knowledge of the violations and decent of 38 neighbors. May I add the junk that has acculated along the boarder line be removed also: This is not a hardship case: This property is now being advertized with the multi -listing Reators, sheet ##77-8761 as, the 1st 100 -Feet Residential, 85 feet commercial, and the total lot size 129.92 frontage by 53.19 by 34.57 by 106.68 by 130.11 by 185.10. This is misrepresentation, and a willful violation of the truth act,.as none of the orginial lot has been zoned commercial. With this method of administrating the zoning regulations, I agree with the Article in the Boston Sunday Paper of four weeks ago, that zoning has not fulfilled its purpose which is " to prevent the overcrowing of land, to promote the health, safety and general welfare of the community ". and there= fore may as well be thrown out the window as a waste of time and tax money. Sincerely Mrs. Beatrice Alge C F. R. ANTONE, INC. EXCAVATING 376 PATCHEN ROAD, SOUTH BURLINGTON, VERMONT 05401 Phones 862-0321 862-3566 August 15 1977 City (_:_C South !=urlin?t-n will iston Road So. Burl_inUnn, vt. n5401 Attentinn . Or. SteThen have -e Dear Mr. Ynqe, This letter is to describe our intended use of our land and builKn� s at 176 i atchen Road if we are granted a conui- tional use permit. We are �,resFntl, c` eratin; ss on excavating contractor and we are operc tinA A largo repair sho for odr lawn equip- ment. It is our intention to lIzze out our excavating sprviccs and continue business as an auto repair service. I have pro- viled you with a list or our gervices on an attached form. :le will not be involved in the cal ; of Nu ? or resoline. eur n'_l;?1Vor of employees Will be red';cel from an avorage of seven to tin down to an average nP f"ur to spven. Our hours will be n:57 a.m. to 6:10 1 .m. Monday thrnu;h Friday. There will be no yhysical changes other than re-arran„inn of eQuipmen' withi q our shop. In regwrl to th_, so7vi ce we are prov i di nF, the only real Q& iq the t we will nnw bn Knin this sprvj c,n for thn gcnera.l ; ubl i_ c rAther thn n just to maintain -ur n ri Tn rornrA S to tr,`3 f ri o Pro parvint, T cnn still fgrse, very little -nri oncr r']"'-Y i r spnt annd "i tl tens. QvJ "'7 "'l im l - Pour our c-not r uct i yn vehi "1 -s, ,'rid }"iwv"i rF 1 1 'ans V K10-nto N11T' Morn ',n]i , l r'crt;'; i nl v reduce our norctRnt ,;"''; ent i n ,end out „f the Zr K. Ty Iy'i nt is that -or Y-9w wista.- , vy s ( -r 17V into the yO N will not i ruvi& a'-y Wre tr r` is hhpn car can 7tp -t m,Tf,_•, put in ,and out hn s crevt;_,a i _ th - pn�` i T!-ht ais •"I rt 'uh t;0 t.h- q A -a 1 c7ris or nut n '-ijos `. i ! VC for 101-W Lh f ,d] esnl tr"c'; n-l! 7=1^n 3 l r, fie. c - hi , , t', p start n "7 t;lrec ur `our ma::il ne,s at 7:5 - thl_, .n "IcNiV, 1 muFt InNry yT u thnL our ' jn_nc)i_,l Ing_'i0kn l i ntake . tti , t hi most -Itb:r Kcrepyc stir P"ntruat i ny nct i vi f; i os or dl crslfv intn wthrz cCr=. ,. We Ppe l „ur l: " j`:j..n it mpr,,. c._=-tc S! Cr ni - . .. r,. 11 ar ar-O ? av, nhjrcted t- our j F. R. ANTONE, INC. EXCAVATING 1111111( 376 PATCHEN ROAD, SOUTH BURLINGTON, VERMONT 05401 Phones 862-0321 862-3566 t'- t t' '--I .'j -1 t hr1 t Za 0 f e 1 i S r L;l u P -c r, Th -j e4 T David Antone Lot in question is zoned Airport Industrial Existing structure is presently used a�- c;nLractor's facility; proposed use conversion is to an Automobile Repair Shop which is a conditional use (Automobile Service Station, 9.1011 Use conversion entails no structual alterations, no building permit is necessary. #2 Property is zoned B PD Robert Bensen Presently, two uses are in operation on this lot: Tennis building and courts, and paddle tennis courts and shelter; the paddle tennis facility received multiple use approval from the Zoning Board of Adjustment on 12/2/74. Current proposal is to build a 12' x 12' office building onto the existing paddle tennis warm up shelter, for use by ('x. Bensen in connection with the paddle tennis business and his investment business. #3 Lawrence Baadan The area is zoned R4, with a strip of CO along the lakeshore, extending 1501 inland from the high water level (102.5). property in question is a vacant 1001 x 1901 lakeshore lot at 123 Holmes Road. The proposal is to construct a single family dwelling to within approximately 100-1201 of the top of the ban!: or approximately 140 from the apparent high water mark. #4 San Remo Realty Corp. Area Zoned BPD Property in question is a pre-existing lot, % acre in size, with non -conforming 401 x 801 structure (present side yard is 25' - 30' _ required; present front yard is 40' - 75' required). Proposal is to make $5,000 in interior renovations to an existing building appraised at $30,000, to accomodate a fork lift sales rental, and service business, which is a conditional use under section 8.103 of the ordinance. l SOUTH LriLINGTON ZONING BOARD OF ADJUSTnNT Findings in accordance with Section 446i 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; 0 (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; 11 (3) That such unnecessary hardship has not been created by the appellant; ()+) That the variance, if authorized, will not alter the essenti&17 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 EJ modification possible of the zoning regulations and of the plan. Appeal i Date 9 L 1 'I'l Appellant &':� Vote: Yes S i � .1 —e--`��� �] t n Llst findings below: 1. 2. 3 SOUTH butiLINGTON ZONING BOARD OF ADJUMENT 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; El (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; El (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 El modification possible of the zoning regulations and of the plan. Appeal # G 5' Date` Appellant Vote: Yes Q No Sign9'1_6432�L_' Llst findings below: 1. JJ, 2. 3. SOUTH Lr LINGTON ZONING BOARD OF ADJUSTIENT 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; El (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; 11 (3) That such unnecessary hardship has not been created by the appellant; 1: 1 (4) That the vari_alnce, 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 El modification possible of the zoning regulations and of the plan. Appeal # 9 77 Date 7Z Appellant 2—m. �.✓toN e— Vote: Yes Q No � Sign 01 Last findings below: 1. 2. 3. SOUTH LiLINGTON ZONING BOARD OF ADJUMENT Findings in accordance with Section 1+1+6i 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; El (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; 1i (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. Date 7// % Appellant Vote: Yes Q No 19/ Llst findings below: i 2. 3 Appeal # C L, i Sign-4 -l: !.x^ .. t. r t/�' � �__ / � -�f-' : �.� � . � ✓„ � tic �. _ i' SOUTH Lr{LINGTON ZONING BOARD OF ADJUMENT 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; El (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; 0 (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. El Da t e Appellant�- Vote: Yes Q Appeal # % Sigl�4 Llst findings below: 1. �-a �/�. �.�%.�j� ,�� � �o�'� /�,�: �:n���� � � (���%✓, �-�'9--cam David Antone Abutter's-: - 376 Patchen Road Herbert H. & William R. Harrington P.O. Box 327 Burlington, VT 05401 David F. Antone Westbury Park Colchester, VT 05446 Clayton P. DeGraff 361 Patchen Road South Burlington, VT 05401 Robert Bensen - addition to existing paddle tennis shelter Abutter z Thomas A. Farrell 110 E. Spear Street Winooski, VT 05404 Lawrence Bagden - 123 Holmes Road Jan Rozendaal 233 Spear Street South Burlington, VT 0540. Fairview Motor, Inc. 110 Riverside Avenue Burlington, VT OV401 Nordic Realty, Inc. 1600 Shelburne Road Sov+h Burlington, VT 05401 - - - San Remo Realty 344 Dorset Street - Edgar A. Welch 340 Dorset Street South Burlington, VT 05401 Raymond A. Reilly 31 San Remo Drive South Burlington, VT 05401 Prime Realty Trust Box 166 Stoneham, MA Robert Townsend 45 Manchester Terrace Springfield, MA 01100 July 31 196", T',r. '. 1-'.. ,'..nte-)nE- Inc. 17A intcha- "Oad �Outh 14Y]WOn, Verran, n54ol car N. Lnone: Ali j: P Mify you that the 8out}. RurlArton —?"r " f70 of . justment -nproW your revues+ fop it %.rjnrcol MA the stipulnLin- f at Me ntornge sher' Onnr,ru WK WMA WO (2) Feet of th- nPoperQ, lln—. Very truly, Hichard Y"rd Code Ofricer June 27, 1969 Mr. 'F . 7. An t orl e Inc. 376 Patchen ,oad South ��url ngton, Vermont 051+01 Dear "r . ,ntone : This is to 21,01-i "., y(')17 _i, 1%3t; tCl!' C 1,1t'rl T'12rl-LL1 'tOTI Gn?_Tlz; Poarcl off' O histr o nt tr_i l_l limo]:' ,.-t mn ?ti-n� �n aT11Iur 21 1c7",c, at `(:3(� .,i,, 435 Dorset , treet, to consider your requcyzt Car. � vv rj.<ancr. Please, -plan to at•tencl. Very truly, .�ichard i4ard Code Officer C a A/ �, 74 (,� of 74Z - Sv�i�4E',e,Ly oN� 7d,1 (1) �,f TLC y�l'o .C,•vC ,rEAlf. , llgCID � ICl��uiRt � I i I a � I \ ✓i C !� aS/fit l7 • � � � I L-1 I C I W _ I Lcl D ci C q 0 h C //U NHS R� 1� 7 z' %,n % (2 NE.v' ,t) Ao iir' r1.,ig Jat­_ 7 - 4 - /� 'i�Vt is,:t:"ozla �Ei? .__.....___._...._ �; C2t3SG S P'riu:_ to rrieu ti"3g .,out"-, Burlington Lonir•g lac rd of d�iustment „outh 9urlington„ Uelmunt i h rr,t3y 3p(3 a1 to the ,'nning Bonrd of 'idju�atment for the following uridt:r�,tjnd thA reguli3r mer3tiny d.ites are the first :and third orlr�p,J,ays of the month 3t 7-30 p.m, at the Town Office Building. il-)u Ic,; a1 ,jdvu !rtisement shall app;' ,r as below, and I Agre:? to pay, ;.ittr+?3 nuw or before the ad appe,-irsw, a fee of 30,110, which fee is tea nffr_;r?t costs of holding said hearing„ Aq_n jtkjrr_? r.irirl address 3)-?te SAUTE, HURI_INGTON, OSJ; JI, N;7IC_ Tt+c ''_,n,th Burlington Zoning Board of ldjustment will hold a public rW_I'ing ,.�t that Town Office Building, 555 Uorset Street„ South Burling- 4.:,r�p r rr,nnt n�� (cJ�o.vrsoA� , /% Z�/f�% at (dray of week) (month and dr3te) (time 3 ; (10S Id r tlIP fr31lowing: PL-3 'oAlz_ seeking o v-,3ri-rnce from (name ) c9 of the L, Cna Ibr) title of s i durlinr)tun ,',-jning I)rdinz_,nce, Request is for permission to &OA ree4l o9 SGt c=.0 Gc>/7 /Al eA/G 7-c�nf/"��% OF T� c �i9SfE/��/,✓ /��fl/l 1.v r AA/D �l i T%.✓ p Nt oc, f (/) / / 1_1411- Z(NN tN(; 110 ' L` I'- 1::•J0 ;?; E(�IT TDR: OF SKUP! UPLINGTRY, SYMCHAT SC.!-lLh' Vz7,,r;-,vnt Da vc War Citizen: 1; F:: r �; o "3 00 t; 15 s h ....!" ci o j I 'c' lat La to appmr in tha FrFa, Fr2,,n, V,!-2 Ucl',-Ild Of thi"'; Tr)-,,F) -"Ie aublir: P�20,1 00,nit -j!� c22,-, UP V ;10 !"KV0 QQ .. m t,vl, thev ",j 1!t>n, At nor; M, W/A '3 Frank & Beulah Antone 376 Patchen Rd. So. Burlington, Vt. Dear Mr. & Mrs. Antone: Please sign the enclosed copies and return carbon copy to this office. Very truly yours 1 Ming L. Oougles Town Manager ZLD/ga Enci 2 STATE OF YHRI gal Q0mm TU NOWORAWA GRIT' U COMM OOMM t 1 DUROM lA ET AL. AFN DIM IZAIM& =Luz SE II :"omecArthur ilw hie, �stine Duroohla, Clayton i f, Ementine gaff, Hsatzi,ee Aigort pr�pert7%-Omors and residents of South Hariingtonp County '1 1 of 11 ChItt+ WUM and State of Vft toot, aad hereby appeal to tb4 Honorable Chittenden CevAty *~to der tbA provisions 'i afIlaostion 3M of the Test Statutes„ Revision of 1947, as!,jpers©ns aggrieved by an order of the Selootaea of the T of South Burlington dated June 19% A.De 19570 tiled In i the Tom Clerk i a Office for rererd an the same date � i wh in, by majority vote of the Seleatmsa, certain land and p ises wed by Franc and Beulah Antme situated as the ea, erly side of Patehen Head In 0*14 South 1tWIlrgt an rapt frm Residonti.al to Busineaa under t1% is cam - known and referred to as lroteative Zoning 1lydimanee Of Town of South Burlington, air saatnd*d, upon tho patio* tic of Frank and 3eulah Antam, which petitiiou, presented to a Doard of Seleetr t of said Torn on or before May 280 195 , re+rsted the select to *hang* their prorporty, is a Residential Zoas on Pat-oben &*td,# so that a par- t:ioi thereof would be reaenisd lrrm R**ideatIAl to Busiasss an 4 lim running easterly fpco Patten Road approxiaatoly tali ray though the dwelling hone of said Anton** an their .ml- T;+T}�, O YTlfl*VC J k.3 ki,F:,�-� ;, VJ x- c� Ham! � i�rni tY Y rtWS/bL JrL::�,� L�Cw i11� v LtiJ� i�..i1. J YF t�if�.� nc �t€l tAltioonliQ 4911ioorlal amt,,, 5 "fiol �za A e0111##4 t114`x43ec Oni'lasm,": U. a: f-.Ob aacl NI$ ci IABgc�,B ltdwiai b" t1swiC i`zeV `to aieJ6 bas aebtta,111 0 'iu aui.,jalvoriq aI:� aW � n.. of Y�xutt�a a6etxa ��:t`J alUww,,orch p,L-j i. 'ia c�as�vs.! �aa�;te� �n�� :�t_u `xa 8d3Ec, j:;s.� lu OW 'ia ubsj'aalsc: -�ej azoanoq a.� ne1211 jee I .Ci.i, API !uwl, bersb aOzf&iI f-bE rid�uo2 'i© rom`_ Q e;tsb axi,3a osi I txa Fj'10001 'InI ec l l-IQ n 1 ?i`lell) rIWOT Or TI bars b<msf arl�t "I'Lo 94ov �J,ncLam �,d t: lei 4) 4, Do x7@ � �� + ` � u 3nr, , �1 _ 1MOE f%IA �`rs�-'`> Yc b azwo a �� a � m c a.sw rldsjoZ b1sa n.z baosh nevioI -L "a gbla V Af11; 38J30 -moo al _ w aaenx.a ;,i od Lailyleblaefi bo ape ,�) Soaz ably &-ilrr+a.. avIzfooJo`ncf %r, of betvie`lws waz rswcr:N -11eca SAI a€7qv �bahaevm W tc(OI,v_! f wE! r'_luop, 30 xacl eslj 48S vs!A anQ'Iwl zQ no nwo%T blfm 'to (x ge.Csi� 'to bg.80ci .t c, �Y�z©c�uxq �lar.� a;�rzr�. a v� rtetT,�aeLa� ��s� be:taaupe� ��'•._�f- __jcra s os �bjRc h ngidotacl = OZog Citl�� g ;l e e�� $ n* y1jo.Ij, aeenj?'ML ul ia. A"Obldwi t wfl kcnnge'l stf blmow ` owleril tol,r bsa tsawla�Ai ja i Y1nele2o njaa i gall g ,1(-r ztanI no 11O.0 IrL.I. AI$a 'it` aaod �*'j r fawb t rort`�l Yjw +t i "I- R !residentlal property situated on and Fronting on ratehen lRoad is said South Burlington; that a pubile hearing an sntorsral petition was hold by the aeleetmen on Jane l2,, AiD. �1957, before said Selectmen, and, thereafter, on June 19, !11957s said Soleetnon attoMtod to grant in part and to rew Ifuse in part the petition of the said Anton., but did !attempt, by resolution, to amend the Zoning Ordinanc* of tb* Tom of South Burlington so that a portion of the Anton property and a portion of the dwelling house an the Anton property wea plaood in a Busine" son*, chile a staining portion of the Anton* residence and land was Loft as ]lResl- dontial property owned by said Anton*; that the Order of 1 the Seleatssan of June I,gth, as aforesaid, is illegal and I Iloontrary to the provisions of Chapter 173, Tomont Statutas, lftvision of 19470 and beyond the authority of the Seleatnon jundor said ehapter, in that the So3.00town atftnptod to amend the To wn's Zoning Ordi.nanar wiUmut duly holding a pablie hearing an the matter of ohanging coning ordinance in aeoord- mace with their order dated 199 1957. We r*speetfully state that the aoii.on of the Solso%wa in *hanging any portion of the Antoine property Fran Aosideu• tial to Businsss,under the ttxutr of said MApter 173 aid the tones of the Zoning Ordinance of the Toms of Siuih awlington# failed to giro reasonable regard to the decrease in valuation, of the surrounding pyropertiess b*oauso the ao- Lion of now of the nisebors of the heard of Beleetasn, in IxWdng this order and resolution,, was on the grounds that failuro to grant such petition would cause undue hardship Ilupon said Antzon*s, whose land had been used and operated as ` is oontractor#s yard on their Residential property in viola- I Lion of said Zoning Ordinance tor, to wit, two years prior _240 r19li`J,# 3Cs jxC7 ��:i« �PO`2`i bma !YC % ivks j i� ":.�`1 ��`i4r i:3 ; `L�3►L !!`b IK3 fys�i'i t'x�{ 9 �riC1 .Q ti3:ia n! boo" vt'.C..f ; no l:eiudosis-a el.; 'TC "�.Ls.. �"lek tlo t�l�teg M 8slCiU.TI� " �pl etac ; nv-, tb� blt sa 9-10'ta6 -a-, t3i' b,11A ;frteq rit lrt8'%a oz� bib J!!Ci ,a oaf) tnA bisa flip' 'xc c1c1 �.q 0-)-t ;Igsc nI ssi, i to €ro �i:�. ti �ltxa�. e-da bicesm.s a tricy:;�r.Cc.�se�'r d t�s�t sit ifi�r7�rx6i 91 :i 'to ncjlt'joq B dizA ' Oi nodg`rill-ujEJ sid%uo?, 10 ilwQ of,-J" atxc u�. e_i- na e�atr©ti grxl.Clewb er1.i la �.1 nQr B bas y,3.Iegorc0, 3�j.isxlam4,I a elif:w ,aliom aeerxlas:d s nI beasiq ertaw -I03ZJ bl'al bixa enrrr�if�ae� ez c�,1n. &AI`10 1102*Ic= y© zabxG e4izt 4g.ct aacxo;r-tL sE ;s; berswrj bna .CB-s.L.Lj al tb.Laa+�7a'3s as tae�utctc s,c»�,V e��l �e;#gaiiD Ia a.::xlaivo-iq sri a-t tto aa.tet, eticr io bno-Zeo brA JiMPl Io aola. ve.,I. b�sma a b&w"gmstJA rxe oel#k: srizt Isi"-I Al tgeI gzAo bras g94-w a.11dva 8 SrxinSo4 y lxb IuoAI Lw soasn Ib,%0 s t riwo", a.�..� .. , ootu9 ni sofiza.lbna a alaos &Ltgnmrto Io Ief;ts l- a� no gn1.=r,kei '79 C t9l a"L baj air -Ieb: io qlec1t :,,'.Il r eotas namlaela%, ed.1 'io nctsoa si.t 4a114 eizis X1.1u1jougaeu aW -new ash woml Xlac omq egota. *Aid 3o rfoif#ioq -Z" t.?nIjiA8rio nI his BSI nedgad.o bias Ic amisct eaiJ %*bautaaen *urq 01 "141 r#,tuoe. 'to nwoi aria 'to a!j Rio afhvxej -Qbmil =•.3 )x: ,;_l, 3iI� U;t b-,s-9'1 3.1d.gl o-Si 9`Y sv'.;; r �'.:zJ,ECb3 -os esi a;.t scc�c: za0.,Lt Ogo1 q. kAibIyvoxw-,c a :. -to lw-ffj rsv ill na tostr.;cos1a : is b�x8a 6,JZf 'to aq!! ;gW#j ca. 4 `So ewoa '.to nc,it tAy.t sbasjoin e11j rsa aBw tab'so efs{i' fur, [f.�.t'%8i?"..5�� e.obnu eauso b.iucw IT©.i�l�"aq 1'iL�:�G ; ::�nr off" a°lilt�3i`1 as ha;iz,iago brie beat: nosy biazi bui3l eac):iw a--aoJf;A blaa no rcr —Aloi. v fii j;d-ioqoiq Ls.L d neblasil `S1obid nc b`IBs; s%2w; owzk tai�,oct tzc;'i u*aerr. bi ,U rise `to scold .-S- i i to the order of the Be leetmen d ated and filed for areeerd an June 19, 19571 that the on of the Solootssrn d ated aid ro- 1 corded Jae 19# 1957, attempting to render the gangs of a i portion of the Antoue property and &ailing frm Residential to business was not in aesorrdanee with a site ' � �� ply of son►ing set up in the Town of South Burliegteaa; that sueh order of the Seleetam was not desiSmod to lesaain songestiaa in the stroots, but,, an the sentrary, vi Bush as to allow i additionial eoagestios in tbo streets; that said orMw by i the Soleatwn was such that it failed to promote the health i and goneral welfare of that particular portion of the Tana of South Burlingta 4 which was the only portion of the Tow► sonoorn+sd, but, on the eontrUT9 ap snoh as to allow, under provisions of said Zoning Qrdinai land and disturbing noises to ressdeats and preperty*owners In the lowdiato I vioieity of safd Antenes+ property, beginning at an Vmrea- sonably early hour in the morning, continuing throughout the ; da Ute into the later hours of the evening, and so as also to allow such great and unusual noises, in the usual sourse of the business and use of said Acetone properti on the SAJbbath and an legal halidays; that said $elootmm# 3n their said order of June 19# 195' # failed to give rearrcrrable sonsideration, anong other thus, to the oharaatsr of they s i~ra. wbwm" the Antone property 10 leeat" hard as to it* peouliar suitability for particular use as Btsidernttal pro• porty as it had brim under the original Zoning flrdinan o, of said Team of South MftWlingtM# Wish was originally adoptodv to vita is dune# A*D• 1 71 that said Scleetwong In making the change► in the area elassifioation of a portion of the Anton$ property, unrasonabily failed to consider the it 4onser ration of ♦aluss of ad joining properties. j �i -3. iso b°icoorl -lol boll b" be.I.s b * ci-t -wi biu b"s b aamt o e..CO81 wij- 3C lxab`Io eiit loazt t .QC J- t (-I enu L is a -s irrio eAl oxebnen o 2 � sio[!!:f tfi t S �P t ;'1 e�uf % be 'Ioc C�ai szea<ya�e;i Mol'lt &-ill!eab lasts 'td lIge-Iq eaoliaA esia 'it, mfq evlauWA-Irrsgtrlc") t.qa IIJI-t aonsbyOD*& sad ton 3'aw a aeaaeaittfilir_i o.7 110'Uaa Sias,nir 3o tiw©`l add ni qv 496 gi; Incas -io no ctae,, rAoo a0saal of b€►q,;leeb f©n aasw aafU45e Lei: 30 °tebna ieial" v.1 us .daDaa opw t-Zcwglnoo e.od o ktud ta, eei&m exit ril Id ITSL'10 blr,a J.c,i ',s,I8>st;tS "Ll nt ao 33o;3rroo I-S.zaxW ; ,Ubs o id slo io-c* 0 botls"t %i 3Ahe ext4 c x e:izt la aoll%o u Lju!4%Aq JaAZ,' 'to 0-.za llaw l anerlal ° buys awoi aid* 3o aoll q %xilo 061 aas,w flab w ,nod�,ai��s� i `fir c�Z vc ciGbri, twol" wV as r1ouaa apw tymmaJnoo orfd no t4ud tbw,-! o-rwo alvis,;ta3*b bi>s bu0i taoixsnib-xL 3,nirta3,� a3i ���� "�o icisfvuiaY SISIbamol Sild ill 'a°renwo-Y1,16go to bn.s aadnebl te7 0.1 saga lcr- -siwinu as ass ;; a lriafaa�cf t Zliego-icT t sono�ii.� bisaa3 •lo �1 7 a3.1 v aai :rcaZ7?,ss�7:iu ��ss ilaYi:tfIc�aa t '-I31'So:; eri ni �ueri T;I�ee -,Idal as oersa aA o$ b" ,Xmtnave etizt 10 a:n_s.scoii 01.81 efiv- 0.1-al aalztv�s h ea�WOO .fAUR.0 Oft Al t49610n . AUaiUa.0 brisa IS813 1101'aa ► GI-12 0,1 srij no tXdgogouq aarrcall-a bl a u 10 sass blu a m "qnl avd ens 10 al t.cr m*ooloB b.isaaa Jzrid `aX abiloil lsa a.0 rto bns d satd.&= a3Xds ca3ee^t evt ca. helfz'l tyi&l tQl sprat io rrsbao .blsaa ilerfl el: t '10R jze� osan ,ra�o ocij o'l taawll. id 7sil"to _uYc trio ��sari�L? sri��o 4WA 0�f +�A7/A �f/+Fj �L �iW►Y= �i1�%��-i[i �i, RF•fl�Ml#� �RFi� -o-ic Is - aezB sap e�ot.r;i} is r� gcxisxa,a Lsr�� i��c eiid slab= need bsr! 11 aas -4,lZaq sstxr.yi�o a3-aw Alt-dw trio atlwb Ffd.oc2 `to awo'` b. sa `10 triea7tr�elo<� 62sa ;#JJ4 11'4*1 .c-;.A ternfL a.L t,Iiw c,l tb&tgob,a �7r�Id o '�fl rr,. so ��ir:aasto SO -Le OAJ al a3, aalio or�U zi 'ixS[ csi er+-t i5b.L-.aoo o,1 bei-la' ldscioase•�nis t Pzogo sq aaaodaii eii W .aet:i �tqc;- iz.rIliiscLbsa `.ica aex;isav ',c zolzt.&vrsa aoo A. T. StAWArd, Fred Q. Rake, M, P. Vosbvrgh, Charles A, Roots Jr, and Geer" Holoomb, all of South lurlington, a" the duly elooted and seting Solsetean of maid Tom of Soalsh 1Ur11V9t= j H. P. TilloT, of Soh Burlingtoias is Sows C11ork of said To of South snarllngtosatl and Walter 4. Andors , j! of South Burlington$ is the Zonift A4a1rs1strat1ve 4ff'ioer of !said Tm of Smth Burlington, �lDt, Tour petitioners pray this honorable Go*" to stet aside tht order of Solestaa dated and r000rded J= i 119, A,D, 19579 and to order that the following treeords be � � filed with that 01"k of Qhittenolsn County Qonrtt oopios of 1Ithe original and all amendments to Protootive Zoning Ordi- namoos of the Tom of South Darlington* Petition to the 1 Sele•timen of F"ink and Beulah Anton, to have their property i rested to that ak petition thar*ot would be in a business areas, 'aiautes of the nesting of than Board of Soleelama, rield :%wA i 1112r 1957, to so"id+rr acid petition of said Antem#, alnutes i i1of the meeting of the Dotard of Srlsotsaaasa at their hearing on lime 190 19$7v and a oopy of the order as#* by the majority of tbi Board of Seloslan In the instant pre>a l"s an Jane 19, 1111957; tb&t notlee of this appeal be given to the abowownaaaed Seltottsmaat, to the Town Clerks and to WILIter 4, A t"I i i Dated at South Burlington# In the County of Qhi#tendea band State of V*raont, this 15th day of Julyp A.D. 1957. li � 'fiodsa l-IC 6a t:jvo% '10 Ifa �ci4sc�W.Ec e3,1000 LzB . JI tloc.ii .A 'to aworf b l$a5 'On A, Dadj --f e _.,T �qa awcT a! A*;SOL `tn t7reill'T 'r r�ua �.7cs-xelbi%. .G seITSW baA -,nolaal r2ssF �� trc a '10 �--WCT blaft is n :�i:� 10 11F101110 F w- �lf� �� tcso��x�� qua � t� t�� 'I ;4a_.Y.loo 010,o LLaLiall a.f:3lai :,rirsL bab,rooa7 :uw bev ab nsmzt .Ceb lo r.3,-,-o s,it Obl ea `ens .� ed 'abuoosn eviz aa.& lebto u;i btu3 'to aelgo,o -�Jrwco iiebo.sJJ-lAD 'io °y �o aii k 4LJLii beill -Ybec lalrios ev-ul oazrwvl: oi siframbnesmaa 11a b" iauls-},io un# ari� of aoL;'±$Og trio jaii E� njjuoa to aw=,T era 'io saoxsn K161,1 ' evsrf OS-A,srcc:tn.A ���66 bna )ja,*.j`d '10 jftOj%,':.7w9�"1� tsegk a8iibagla*a €f a xl s€: bli ow loa,*szi�l noj#%oq £ la ij os beaaasq €WUT, blast smuloe, 03 to blaoE eif.-t 30 Balleam eA.i xo aeaualm; v3z-ii,frilm 44ea0zi A b.taa '10 1X01,41laq bijU msblaac o or J01. t& cso Tseri q1e4,4da issa Of - to 4"1*00m sire r_c. v..11-s-o }LJW adcr 'Xd ebjui °lebme oAd `io Xgoo A Wu ��:�t'Ql t9l snm-j. tC('�i e17i,�it ao goal Ra,i d!i daal 8A. nl .C►6=4►`s+ 410 10 .f3-.iwf.i &1i to bewua-evod.s eiizf o.1 isevla ab Laaqq,s . alA.1 `to eo lzton ladl .1108,Sba'i .V 01 lu-,& fjt i.,ix(31lL.�LiH.��e; nobneidildrC `10 tlrwui; cr4 ,,J racro4 S7::"i dluoc lay -)SJAQ . � +._r ! . t: s t t%l u , �l'o ',Gab Alcl a!:,,� � art riB Y "0 V4 AJ E brv[ , SWATS OF VIRKM !, j At 302th '1!U#tft in stir! 4'MM67 U 25th ` 4C 1r �►.D. 1957s p-memll ► 10PNOXIi AMMM %&# OWD» trt� tw tho above-mt1tUA Ate• =46 qpm 4*94 asp 1 tow to me ow =i mow. DOW* my or dozymm : �4 I A*IY, A.D. 1957# !'tom qwm d XMRSTM Dommu,o ==&bovos4m%LU*d Amp wAo upw owhI4 row* the mit"" " t f*Mb #a mw lamd An*" we be *wir roam uxo" ad b*IW* i Utwo not RPM 4w STATE OF TEMOST ORITTZMU comm, at. U rot DUROCRIt, sip al. Apt to ahittenaex, c*MtT court To the Board of Boleotmm in and for the Team of South "Unfit n, A. To sus P"red c. FI s ke # X, P. TQalrur&,p die« A. Root, J'r. and George 1901e40b, to the Tom clerk of the TWA of Bout+h Burlisetmo No X. '!'`IU-oys to Zoning AdtinUt MUT0, Wiser of the Tom of Sew Bu rl ingt =4 Walter 4, Anders=4 and to the Tam of South { Burlingtons You are h.rokr oomma ed to fe"ord to the 01ork of j Mittondon County Court at Burlingtous is the comty of Chitt+on&a and State of Vera mt, ooples of the original and all vion as nt s to ? to Uve, Virg Ordlaas *a of the Tom i of South ftr1ingtow,, Petition to the Selest mon of Rank and Boulmh Anton* to have the it property ""a" pro that a por- tion the of would be In a business sroa, a utsa of the meeting of the Board of Boleatmert held JtM 12s 19 7t to 00n- ' airier *did petition of said Ant ows, mIWAWS Or VW =O*tW ` of the Board of Selestam air t "r hearing an Juae 14,E 19571, and a sopy of the order mad* I the majority of the Seard of 4 4 Wootomt Aft an or bore" tvontyoone B*tsd at Bur1IMvox4 Yorks OLU 15ft day of JUl!, I I l // i tErtNIM 009M. see To any Sheriff or Qonstoble in the state, Banetimgt !f WKM S, Arthur DumehUs kme s t ine Duroehia, W Aytom f Do4raff, Ernestine ho&raff„ Beatries Algert of the Town of South DarlIngtow, in theQemty of Odtttondon and State of Vermont, have filed their appeal undor oath fray a deeision of the Board of Soleotma v:L%WLaa and for the ?cW n of South DwIlugual NOWt TFiBW'QSB, by the authority of the dilate of US%- non*-, yea are hereby sanded to am== the ToMn -of S"tth, "ll argtm by delivering to SiMS F. T311eya, Towl% Clerk, I sad to the Select men of the Town of South ftwlingten, I { A. T. Staanard, Prod C. Pink*, M. t, Vosburgh, Obarles A. Root# dr, and Georgo HslomW,, and to the Zoning Adni&Utr a- 4 1� tiro dffi"r of the Tom of nth Burlington# molter ©. 1 Anderson, a ios of the Petition e , � and Appeal, and ale notify each of then to oaoso its appearance► to bo , entered with the Clerk of raid Court on or before the ezpirati*aa► of forty-two days fr+ao,► the date of serves, than and there i in. acid Qou rt to answer the foregoing petition for appeal of said potitwimers sad to show oaute, if my they -may have, �j xhT the pryers of the petit:,ioanrs should not be graft", 1� fail not tat sorviee and I*tern make withia► twenty. I, me days frogs the date hereof, Wad at Baarlivgtono Vermont, this 15th day of may, 1A.b. 1957, RORERT J. ROUSSEAU ear wmxv Ei. LOARY, JR, "cognised to eaeh of the S4endants � ► the sum of Pi.ftty doll.arm (#50.00)0 as surety for the oosts ;: f prosooution, so the law divests, Before me, Robert J, Rojasseau i erh SUTR OF YOKOff ) GltrrMDO COUNTY) -sum -BlirUftsong in said t3owntyo on this 15t4 day of �f op. 1957.. I wade sorr3oe. at the within Petition and Appeal irevug to HIRAM y. Tom, Town 01*vk of tier Tom aCf � Sur =;ecu a true and attested 4opy thereof# with thi�r-'* rotashere andoraoC And an the 3� day or AaTs A*p. 1957s 1 tb&A x1iiO sorei" of tbo wtth#n 1'+itti and Appal by do1iver1ft .*6 A. fa sTAINAIW, i Solvetma of the TcAm of South Ow imSton --f tme and attested sop* th+Is�► e with this xq ' xo turn hereon th=6 a ndorrs ed. 1 And to the 15th day of Jul),*, A.b. "57. 1 then made aervies, of the WithIft lotitlCA and Appo s bj , r*ring to 00 mxno Sal"tmm� of tho TWA of South Burl- tme and attested sogy tlaoxoOsp with this my re t urn hereon roJ�LMors"t And- on the 15th day of ,fro A*D* 1957v--A en truer sore Loo, of the w1thlb 1�Mtition �1iL by de3iverir�g then P., VQSWNH# Solesta m or the► TWn of S� B" ingtono a UVA and *Stestsd ' tba veofs, with this joy "t�herston Viereon, endorsed. '\\1 I And on the 3.5 day Of dulT# A.D. 1957# t thwn semi" of tbo i within lets eqc► and ARMAl by 4011V*Ving $0 CRIAML ROOT �'lt.t Sel+aot"f the 'OVA or South ft-r1UWtoc4 a tr".te � taimwy ths'r�ear)v with this m' return harom thereon ondormed. 1 And the 15th day eat �"'N►lre At Da 1957* I thens 100 the wi Petition and Appeal by delivsri.ng to 1230M HOLGQWv � !tom► of tit Town of South Burling a t� and attested wVy re --�- L th thls my rolburn hereon them onders�. Audanthe _ th _ #f - Av Dv 1.9 I themi�mlom` of tour within Pet# ion � App*41 by 1r31vovia 1 to WALT 0* A"8OiO Z+atstng Amairtrat3�rBffieer of the town!` Rxtb 8urr� a tow* and attested "py thereof, with thla m` rota*- boVem endarssd. Al A ,.........r,..... WAS O..I .. .. Gapie• .....� Teta1.�.,..�..,... �, f u PROTEST TO CHANGE OF ZONING ORDINANCE The undersigned, being property -owners immediately adjacent to the property of Frank and Beulah Antonne on Patchen Road, which Antonne property is the subject matter of a hearing to be held before the Board of Selectmen of the Town of South Burlington on Wednesday, June 12, 1957s at 7:30 p.m, at the Central School on Williston Road, and being also taxpayers of the Town of South Burlington Within the general area fronting on both Kirby Road and Patchen Road in the vicinity of the aforementioned Antonne property, hereby file this,their Protest, against the granting of the petition to be considered by the Board of Selectmen of the Town of South Burlington. Reference is hereby respectfully made to Chapter 3858 of Vermont Statutes, Revision of 19470 as amended. Dated at South Burlington, Vermont, the loth day of June, A.D. 1957. �L The unde"igneds being property -owners imiediaUly adjacent to the property of Frank and Beulah Antesme on Patohsu Road, which Antoxme property is the subject *antter of a hearing to be held before the Board of Seleatmon of the Town of South Burlington on Wednesday, Zuno 12, 1957s at 7130 p.m* at the Central Sohpol on Williston Roads and being also taxpayers of the Town of South Burlington within the general area fronting on both Kirby Road and Patchon Road in the vicinity of the aforementioned Antonns property, hereby file this,thoir Protest, against the granting of the petition to be considered by the Board of Seleotxon of the Town of South Burlington. Reference in hereby respectfully made to Ohaptor 3858 of Vermont statutes* Uvision of 1947„ as smen+dod. ` Dated at South Burlington, Urmontp the lath day of lJune, A.B. 1957. ad C'J a '10 flo aod--1i'IfI6 flwc,-; afil u.,' Etc Zi -of.u:, ilo agi;4"O'I't sefL J-A*Ilmfe;� 5� a at-1 o e e a u C e 1 5 'L L) a ua 0 a CT r r.Uljj t74lQ-r 110 ZptlonlrLov "lo A;jOl 01�4 tl-ltaU,-,'.011 J:Js-+z-' T, 0 G M I Sim GRADALL BACKHOES BULLDOZERS BUCKET LOADERS ANTONE & LAPHAM CORP. 376 PATCHEN ROAD TELEPHONE 2-0321 SO. BURLINGTON, VERMONT �c TRUCKS 19 L !- 1•� "%;"` 'Y,,, rW'�''��p- ���.- -. �M;.' `,'�F""r�?";�#y.({v+:- =�, 1��� ;, "`P.,31,r��nC:�.^vyrv�1'r.�1r Y•x I'•, iY { ., _ 6 .t�'-� ��✓Srr 1V, - �,rY.µ�. "� 'rl'p" e�'',� �1'"�'F�'i'�'�.;�j•«''�',. �r :�;,,; b'a i`'k� I,/ `4w� C� �<;I': '�+•-,a=-ri w';,', .vz.'=.,orb �t{ r 1 rr pv.' . 7�r .' eat ;f_ � Y„�i. ! •r� (��;5' � sr, '. `"IFri -�'j.�. 43 7, , r���"f7l ��'�lri. .G. u ,•���'.,'7�hr,i `erf 1'y �l.rv�4,yy� +\Y;: h�� •'u•r 11 t- ,�` f?r`�'r µ're 'L' `,h _ 7 4r^i i '� �,�AM =�,4y. .a�% - hw ,Y7i 111 `�, .itJ.7 .'F'tFr -' M;'; � .�; i w�. I ,F."d V fi1.M1 �" ,= il' �Y k" xr '.r""� t:,., �S "� .r:-A ,Ir•'i 1] a'=` 1 } _ ML.: F: 14 �+ ��i9r ''a- A,,'_ .?�: �,� - -I,N.. r'I,1�-'+�. -` 1 ' _M': . _ ^ r j. �+ �, N'w��::rM���« �: �`,• ",� �.. i"�,,zniJ^ •'!' ,Fir` 2 �, �„ _ r `�,• • " ' { ,i,tafT,,,'^-. Via' fi I ,:.. 1 1 i. ,.,1� t i r ✓, S.E�� � ray. 7 - ,",� 'r- A , �.' ,��, :.•, • • r „�.r'ir. fn •.t ,i ilh� � � VV rr;�. - I ,1 ., . ,,•,.. "� '� �•'� '�, rl - r � � a �� •ate,-. '�'�� , , - - - , -07 - '��;,. •, a �f5.., w'F�.' rr�,.�.,',"` t•4,'_;.'ir`!'^"�'s=']^'�"r`=�.ra.��':'�'�',�r'„y�._' pi SAMUEL H. ROTHMAN ATTORNEY AT LAW 66 CHURCH STREET BURLINGTON, VERMONT June 26, 1957 Walter 0. Anderson, Town Manager South Burlington, Vt. Dear Mr. Anderson: Re: Francis R. Antone I am enclosing original and copy of Appeal for Further use of business premises. Will you please be good enough to deliver the enclosed to the Zoning Board of Adjustment. VP rely yours }_ SER:rf _ Samuel u. Renthman Encls. :-k PROTEST TO CHANGE OF ZONING ORDINANCE The undersigned being more than 40 per cent of the owners of lots fronting on Patchen Road, extending 100 feet from the street frontage to the property fronting on Patchen Road now or formerly owned by Frank Antone and Beulah Antone and being more than 40 per cent of the owners of lots directly opposite the land and premises now or formerly owned by Frank Antone and Beulah Antone extending 100 feet from the street frontage of said Antone premises and also being residents and taxpayers of the Town of South Burlington within the general area of Patchen Road and Kirby Road in the general vicinity of the aforementioned Antone property, hereby file this, their protest, against any change of any property from one zoning district to another easterly or westerly of j[Patchen Road, northerly of Kirby Road extended westerly, and 11 Ilnortherly of Kirby Road. This protest is respectfully filed !lih connection with the public hearing to be held before the Selectmen of the Town of South Burlington on Tuesday, October 8, 1963, at 7:30 P.M. in the Town of South Burlington in connection with the adoption of a new zoning ordinance of the Town of South Burlington which by section 13.140 of said proposed amendatory zoning ordinance proposes to repeal the Protective Zoning Ordinance of the Town of South Burlington, Revision of February 28, 1956. Reference is respectfully e to 24 VSA 3012. Dated at South Burlington, Vermont, this 8th day October, A.D. 1963. w 1- -� _. C ; � �' �' ,.. _ r � f i PETITION TO BOARD OF SELECTMEN RE: PROPOSED REVISED ZONING ORDINANCE The undersigned being property owners, taxpayers and voters in the Town of South Burlington, Vermont, owning property and residing thereon, more specifically owning and residing on property situated on the easterly and westerly side of Patchen Road and on the northerly side of Kirby Road and in the immediate vicinity of the intersection of Patchen Road and Kirby Road respectfully request the Honorable Board of Selectmen in connection with its consideration of the adoption of a new zoning ordinance of the Town of South Burlington which is the subject matter of a public hearing before this Honorable Board at 7:30 P.M. on October 8, 1963, to so modify the proposed zoning ordinance and "the proposed zoning map" referred to therein so that if said proposed map does not already comply with the request contained herein that the area presently indicated on said proposed zoning ap as "Industrial District ►At" situated easterly of Patchen oad toward the northerly end of Patchen Road does not xtend any further southerly on Patchen Road for a depth of pproximately 317 feet easterly of Patchen Road than what is (presently legally included in "industrial district" under the rotective Zoning Ordinance of the Town of South Burlington, ermont, Revision of February 28, 1956. Dated at South Burlington, Vermont, this 8th day f October, A.D. 1963. '/' 0 , 121 No Text June 4, 1983 Frank and Beulah Anton* 978 Patchen Road South IMrlington, Vermont D*ar Mr. and firs. Anton@: 'The Board of Selectmen ackuoyd"s your requ for permission to stock pile sand and grave,J,I*n ftAilcipally owned land adjacent to your premises. After-oonsidero�of your request, the Board has agreed to grant you piiasionFt6, k pile sand and gravel upon that portion of the Town dil ip,, rty described as folloWN2 ` An area meas appr6.#4*ateiYI*o hundred t2©oj feet in width l wo hundre4 200) foot in depth boundod on the, 4outh by land of Frank and Beulah Anton* and on the, west by of the Harrington thor 4-It betalAbe ara!� designated by the suverrdint of etz4ets, right horetu ,q anted shall be for the term of on* tU year, provided, how , that that :Jtown may terminate this agreement at any time upon thin i days,,?'Mice to you, either oral or in writing. As a C3onitfflon of the permission herein granted, you jointly and severally agree that one (1) year from the We hereof or at the expiration of any thirty (30 day notice to vacate, you will psacoably surrender and return to the Town that area used for stock piling free :from any sand and gravel and in the same condition it was on the date hereof. Frank and Beulah Antone .02. June 4, 1983 The consideration for the right to stock ptle herein granted shall be 41z Dollars ($ t 9 = ) payable to advance and it is understood that there will be no refund in case the Town exercises its right of termination. If the above meets with your approval, will you please indicate the same by signing two copies of this agreement and r ing the original to the Municipal Building, whereupon each copy shill et ice a valid contract between the Town and yourselves. Very trW,79mr6,k- Accepted byt Prank Antone Beulah Anton� { TOWN OF SOUTH BURLINGTON SOUTH BURLINGTON, VERMONT Irving L. Douglas Town Manager, Frank ° El i- ah ,antonc 376 r'-'t^i,c7 Pd. So. Bu-rlinDton, Vt. Dc=,r Mr. " Mr,. Ant,77ie: Please sign the cncloscc+ copies -ind return car5on copy to this office. Ucrl. true — ,r.. ' /i Irving Y. Dougl Town M naner ILD/ga Enc: 2 E t 1 IAN ORDINANCE TO AMEND TH+L PROTLr;T1V ZONING ORDINANCE Of TNT: TUWN OF iUUTH UURLINGTON The Selectmen of the Town of Mouth Burlington hereby ordains �isction I The following property owned by Frank and Beulah Antone shall be zoned industrials Beginning at s cement marker on the westerly corner of the Has,rington•Antons boundary on the street inns of Patchan Rd. and following In eea .tarty line 264 feet, thence 3 feet north- erly to a marker, thence in an eaeterly direction 53 feet to a marker, thence southerly direction 125 feet, then turning an angle of 81 degrees 15 minutes and proceeding in a /sNG/t wastarly direction 217 fu t, thorn an of 98 d gra=?e 15 minutes and arocesding in a northerly direction GO feat, then turning an angle 98 degrees 15 minutes and proceeding In ar westnrly direction 100 Feet, thence 62 feet in a northerly direction to the point of beginning. !i sction 2 This Ordinance shall take affect from pasceage: N O T I C E The Selectmen of the Town roof South Burlington hereby give notice that there will be a public hearing on the /7'4 day of 196., at the South Burlington Municipal Building'^," Dorset Street, South Burlington, Vermont, to consider the following Ordinance for final passage: AN ORDINA NC E TO AMEND THE PROTECTIVE ZONING ORDINANCE OF THE TOWN OF SOUTH BURLINGTON The Selectmen of the Town of South Burlington hereby ordain: Section 1 The following property owned by Frank and Beulah Antone shall be zoned industrial: Beginning at a cement marker on the westerly corner of the Harrington -Antone boundary on the street line of Patchen Road and following in easterly line 264 feet, thence 3 feet northerly to a marker, thence in an easterly direction 53 feet to a marker, thence southerly direction 125 feet, then turning an angle of 81 degrees 15 minutes and proceeding in a westerly direction 217 feet, then an angle of 98 degrees 15 minutes and proceeding in a northerly direction 60 feet, then turning an angle 98 degrees 15 minutes and proceeding in a westerly direction 100 feet, thence 62 feet in a northerly direction to the point of beginning. Section 2 This Ordinance shall take effect from passage. r f PLANNING COMMISSION TOWN OF SOUTH BURLINGTON, VERMONT Minutes of Meeting - Planning Commission 1.) The Planning Commission of South Burlington met on November b, 1903 at the Town Office 555 Dorset Street at 7:30 P.hi. 2.) Members present: L. O'Brien Jr., A. Roak Jr., L. Liavlinp I. Douglas and N. Kellner. 3-) Business conducted: A.) Minutes of the September 23, 1963 meeting were read and approved as reads B.) heviewed the petition of Frank and Beulah Antone to rezone the following parcel of land from business to industrial: Beginning at a cement marker on the westerly corner of the Harrington-Antone boundry 'on the street line of ratchen Rd. and following in easterly line 264 feet, thence 3 feet north- erly to a marker, thence in an easterly direction 53 feet to a marker, thence in a southerly direction 125 feet, then turning an able of 81 #egrees 15,minutes and proceeding in a westerly direction 217._feet, then turning an angle of 9 degrees 15 minutes and proceedirig in a northerly direction bO feet, then turbi.ng an angle of 98.-degrees 15 minutes and proceeding in a westerly direction 100 feet, thence 62 feet in a northerly direction to the point of beginning. The voting members of the 6ommission that were present were de- vided in opinion as to recommending that the petition should be granted by the Selectmen. O'Brien and $avlin were against making the recommendation and Rock and Kellner were for the recommend- ation. See letter dated Nov. 91 1963 to Mr I. Douglas. C.)Meeting adjourned at 9:00 P.M. (� William D. K liner, Chairman November 9, 963 cc: Mr. I. Douglas, Town Manager for Clerk's office. LAW OFFICES OF LEARY AND LEDDY 200 MAIN STREET BURLINGTON, VERMONT MATTH EW G. LEARY, J R. 7� BERNARD J. LEDDY May 17, 1963 DIAL 4-5716 Mr. Irving Douglas Town Manager Town Manager's Office Dorset Street South Burlington, Vermont Dear Mr. Douglas: A short time a'-o I received word that what used to be (and maybe still is) the Frank and Beulah Antone property on Patchen road was being, used by Mr. Antone or by the corporation under which he is doing business for the stockpiling of -ravel and possibly top soil, sand fill or other dirt materials. It was likewise brought to my attention that you had informed Mrs. Alter, one of my clients, who owns the adjoining property that Mr. Antone was within his rights as there are no restrictions on the use of the Antone property. As you know, there is an appeal pending in Chit tenden County Court in the action of your Zoning Board purporting to grant permission to Mr. and/or Mrs. Antone to operate a contractor's yard on their property as of November 22, 1961. The appeal is based upon the position of my clients that the Antone property is residential and was never rezoned and that any type of business activities on the Antone property is in violation of the South Burlington zoning ordinance. On behalf of my clients, I wish to advise that we stand upon our rights and the position taken at the zoning hearing as evidenced by our appeal on the action of the Zoning .Board on November 22, 1961, and we expect in due time to have the matter heard. For your information, I am enclosing herewith a photostatic copy of a letter I received under date of December 22, 1961s from Jerome P. Hartman then Town Manager (and ex -off icio zoning administrative officer) listing the restrictions placed by the Zoning Board in its granting of the petition of Antone on November 22, 1961. As long as the Town, zoning officials and Mr. Antone are operating upon the premise that the Zoning Board had authority and jurisdiction to take the action it did on November 22, 1961, then, even though we believe that the J Mr. Irving Douglas Town Manager T°Tay 17, 1963 Page 2 action of the board was without authority, we must, nevertheless, insist, pending review on appeal to the Chittenden County Court, that the restrictions imposed by the Board be enforced by proper Town authority. These restrictions are the ones enumerated in Mr. Hartman's letter to me of December 22, 1961, which is enclosed. I have advised my clients that it is wholly understandable that you do not have records in your office of any limitations or restrictions upon Antone's zoning permit because of the fact that when our appeal to the County Court was filed, and as a result thereof, all files and records of the Town pertaining to zoning were riled in the County Clerk's office by Mr. Mikell, Town Attorney. I have only recently examined those papers filed by Attorney Mikell pursuant to Court order and I find therein what I could well assume to be all records which would normally be part of the Town records and in your custody or in the custody of the Town Clerk except for the Court order requiring them to be filed in the County Clerk's office. I am sure that Mr. Mikell can check those for you and provide such information as you may deem necessary in order to have before you the necessary papers to see to it that the restrictions of the Zoning Board laid down by that Board on November 22, 1961, are strictly adhered to. I am writing this direct to you because I believe that it is proper to call this matter to your attention in Your official capacity but I am sending a copy of this letter to Mr. Mikell as Town Attorney and who appears both for the Town Zoning Board and so forth in the pending appeal. I have been advised only today that there is some possibility that arrangements have been made under w'Zich T�Tr. Antone or the Corporation under which he is doing business have made arrangements with the Town for stockpiling of gravel, sand fill and so forth on Town property northerly and possibly easterly of the Harrington brothers' property and of the Antone property. Mr. Irving Douglas Town Manager May l7, 1963 Page 3 I have not yet had opportunity to thoroughly investigate either the facts or the law on this matter other than to come to the obvious thought that if' the zoning authorities saw fit to prohibit Mr. Antone from stockpiling the same materials on his own property that for the Town, through any of its other officers, to enter into any agreement with Mr. Antone or his interests to stockpile on the Town property near and adjacent to his property is a violation of the spirit of the zoning regulations by the appropriate Town officers, and for that :reason alone, I believe that the parties in interest, adverse to Mr. Antone in the running controversy that has been going on for many years, have legitamate grounds for protest and complaint against such action. I would be glad to confer with you or the Town officials in connection with any of these matters. Very truly yours, LEAKY AND LEDD ,/,,, BYJ/- J Lc J MGL:ji Enclosure CC William E. Mikell, Esq. ' MAtTHEW G. LEARY, JR, BERNARD J. LEDDY LAW OR^RIOES Oq LEARY 4NO LIT DDY &00 MA#�1 8TR BU'RLINOTCiW, VER40NT I Mrs. Helen D. Paquin Town Clerk South Burlington, Vermont Dear Mrs. Paquin: oiAL 4-5716 December 21, 1961 Will you kindly forward to me certified copy of minutes of meeting of Zoning Board of Adjustment of the Town of South Burlington, Vermont, in the matter of Petition of Frank Antone and Beulah Antone to the Zoning Board of Adjustment,as discloses the action of the Zoning Board at the public hearing on November 22, 1961. This request is not to be construed as a request for certified copies of all documents filed with the record of the minutes of the meeting of the Zoning Board on this matter on November 22, 1961. If you will forward your statement for services in this matter,. I will send a check for same. Very truly yours, LEARY & LEDDY ;r By MGLJR : KH vj ,r •, 'tfi,..'r� .�t' `y,� �,�""`.:y"„,.; r'�'` i'•,Su ,,' ,� •.� �t':'.r y�. ,. f':`�r,',^":i -1r"- r'{, :, -. r ' � `"fb.• r,,," -�. t''�%..1' .�:,•� tju'�ua :L„r r. ",�: ,y,',rr< y•�. - YS';'� ;Y;. ;�; ;,�,:' =f�' ' e�4-':l :'.flu ,! i, ,�+ f--'fii,� !, ��:,"r,':a. "-s *,fir '�"r �r.•i':«�c: k`y+ t.''.',.�y.�e,„ tM r`. �,p• , r.: ,k. a �w, al• �'1^q'Fs�g,�� J # Qy', i, � �. Y.;ly. R 'C,�N� � i� .W'f',''�i� +�'`yJy�k �,'.,'. ,W'T„" �,f(" �� 4Y. ' �.. 44 r��M�� "i, i�F'� A"�yCJlr JS .�,"�"vh ';,; ��r. �' - F'�"'�r�• - ,��Sx. � `�`���tt•.,T lFAr * F';,,�h'rfy :"�''�r r `' l �'` ,��,' ": �°r f +�"�'• ", 'S �. �_ `+PSY3.y: 4.i' lr• � ,. , �F; ,�; r �,�',, ; •,,•. :.'o�+, s "�`s � ��� �'� ;� «}� #rah+°! wt , ,� '.,"ay,, 'y�r•�'" - , ����ri. 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Gravel, Esq, Attorney -at -Lax 109 South Winooski Avenue Burlington, Vermont Dear Clarke s I have your letter dated October llk that my letter to Walter 0, Anderson has for reply. I assume you refer to my Mr. Anderson. Apparently you understood attar taining to the appeal pending hitte the action of the Selectmen tape t t 12th and June 19th last on a petit to the Selectmen for ahan re n fication of certain pro by of October 8th to Mr, arson ha oth appeale DIAL 4-5716 tal Wh ch you state n re ed to you of Uctabbr 8th to Mr. Anderson as per. County Court from ublia hearings on June Frank and Beulah Antono till to business clasai- Antones, My letter to do with the pending In my letter to Anderson, pointed out to him that all of the property owned Frank end ulah Antone on Patel, n Road is residentially zoned or the nts Zoning Ordinance, The action by the n s ring on the petition of the Antones was effective to c ange, modify or amend in any way the then exist ZoniJ"q ance, which places all of the Antone pro.. party in r identi�. written. protest was filed with theSelectmen as to, under section 3858 of the Vermont Statutes, c„ as, a two -►thirds vote of the Board of Selectmen orderge zoning olassific�ati�ns of any portion of the Anton T'?��e recorded vote of the Selectmen shows that three out ss than the required statutory two- thirds of the five -member Board, voted to amend the Zoning Urdu» nand as a result of the Antone petitions Such three affirma- tive votes of the Board of Selectmen were, therefore, not suffi• dent to make any effective change in the olassifioation of the Antone property, Thus, all of the business and ctxasercial activities carried on on the Antone property are in violation of the Town Zoning Ordinance, and# as I advised Mr, Andersoup on behalf of my clients, e LAW OFFICES OF LEARY AND LEDDY 200 MAIN STREET BURUNGTON. VERMONT MATTHEW G. LEARY, JR. BERNARD J. LEDDY Clarke A. Gravel, Esq. 40200 DIAL 4-5716 October 150 1957 It Is encumbent upon him„ In the discharge of his ties) to see that the provisions of tine Town's Zoning Ordinance a carried out, The prolonged failure of Mr. Anderson to d r concerning thte business and commercial aetivities carries tone property is, in my opinion# unpardonable. As long as my letter of Octobe ferred to you for reply, in view o ' matters of record) I would apprec as to whet her or not Mr. Anderson, intends to take or has taken any ate duties to see that they provie of being carried out so .far a MGL t n a••Mr. Wal 0. Anderson ao-Mr. A"Ur���1.\. Stan ChaiJ�* . Board selootmen kith to . r. AndersoK was ro- e fare ing, all of which are ward you at an early date Zonrrds ministrative Officer, �t thedischarge of his <own f s Zoning Ordinance are one property is concerned. truly youre►r G. L l �- LAW OFFICES OF LEARY AND LEDDY 200 MAIN STREET BURLINGTON, VERMONT MATTHEW G. LEARY, JR. BERNARD J. LEDDY Mr. Walter 0. Anderson Zoning Administrative Officer Town of South Burlington Town Clerk's Office 1000 Williston Road South Burlington, Vermont Dear Mr. Anderson: RECEIVED OCT P *V1957 "TOWN OF S. BURLINGTON NIGR'S OFFICE, DIAL 4-5716 October 8, 1957 `-;E E CF S. BLJ,. ,-)FFICE-- As you know, all of the property owned by Frank and Beulah Antone on Patchen Road is residentially zoned under the "Protective Zoning Ordinance, Town of South Burlington, Vermont", as amended. On the Antone property, under and by virtue of an operating permit issued by you under date of May 18, 1956, the Antones were granted permission to erect a residential garage on their premises, and said residential garage, if not from the time of the erection thereof, at least for more than a year, has been used on the Antone property as a business office for commercial activities being carried on upon the Antone property. Likewise, it has been called to your personal attention on many instances in the past, as well as from your own observation by reason of the many times you have been on the Antone property, that business and commercial activities have been and are being conducted on the Antone property, contrary to provisions of your Town's zoning ordinance. I an writing on behalf of Mr. and Mrs. Arthur J. Durochia, Mr. and Mrs. Clayton DeGraff, and Mrs. Beatrice V. Alger, who are all property owners and taxpayers resident in the immediatb vicinity of the Antone property, to call your attention to Section XXI of your Town Zoning Ordinance (Revision of February 28, 19569 as the same may be amended), which provides that you, in your capacity as Zoning Admin- istrative Officer, "shall be charged with the responsibility of carry- ing out the provisions of this ordinance". I do not believe it should be necessary to further direct your attention to any specific statute or ordinance, of all of which I am sure you are aware, impos- ing duties upon you to see that the provisions of the zoning ordinance of your Town are carried out. Acting as attorney and agent for and on behalf of the above - named taxpayers and residents of the Town of South Burlington, request and demand are hereby made upon you to discharge your duties as Zoning Administrative Officer to see to it, by whatever means may be necessary in the discharge of your duties, Ghat immediate steps are taken with a view to ending all commercial and business activities upon property C C MATTHEW G. LEARY, JR. BERNARD J. LEDDY LAW OFFICES OF LEARY AND LEDDY 200 MAIN STREET BURLINGTON, VERMONT DIAL 4-5716 Mr.Walter 0. Anderson -2- October 8, 1957 Zoning Administrative Officer Town of South Burlington owned by Frank and Beulah Antone, commonly known and designated as 376 Patchen Road, which property is situated on the easterly side of Patchen Road, southerly of property now or formerly owned by Harringtons, and northerly of property owned by Mr. and Mrs. Arthur J. Durochia and Mrs. Beatrice V. Alger. Because of the long lapse of time since you first became per- sonally aware of the violation of your Town's Zoning Ordinance by business and commercial users on theAntone property, we can only properly expect, request and demand that immediate steps be taken by you to render proper the use of all of the Antone property here- in referred to. V y truly yo rs,_ MA� W G G LEAK MGL : n cc -Mr. A. T.Stannard Chairman,Board of Selectmen Town of South Burlington knO SAMUEL H. ROTHMAN ATTO]3NEY AT LAW 86 CHURCH STREET BURLINGTON, VERMONT ?,day 102 1957 'Halter 0. Anderson, Town Manager Town of South Burlington South Burlington, Vt. Dear Yr. Anderson: Your letter of May 3 directed to Mr. Antone has been turned over to me as his attorney. Will you please be good enough to send me a copy of the Protective Zoning Ordinance of the Town of South Burlington and specify in what respects Mr. Anton has violated said ordinance. Thank you very much. Very truly yo , SITJR : rf Samuel Rothm n �� MGL:n l re Office Building. OWNED Large sign advertising Antone and Lapham Excavating Corp. Junking of old truck on rear of Antone premises. Oil or fuel tanks other than for household fuel, both underground and on the surface. Storage and use of heavy con r on equipment, including Gradall shovel, caterpillar (low -hung trailer used for transportation of caterpillar tractors, large power shovels, back hoes, etc. ) Storage of power shovel booms with bucket attachments, pusher and grader, two wheel heavy duty trailer, oil drums. Storage of approximately 7 heavy-duty trucks, with dump bodies, large dual rear wheels. Garage building for servicing and repair of dump trucks used in the business carried on on the Antone property. Storage of tractors for hauling heavy construction and earth moving equipment. Use of_.' the Antone premises for stockpiling of heavy stone, stone and rubble, purchased by users of the Antone premises for sale and use off the Antone premises. j Bringing on to the Antone premises and the stockpiling thereon of sand and gravel not for use upon the Antone pre- mises but for sale by the users of the Antone property of such materials so stockpiled thereon. The removal of large quantitiew of earth and dirt -from the 1 Antone premises for the purposes of sale to third parties. Prepared in rought draft form May 7, 1957, on behalf of residential property owners adjoining and in the vicinity of the Antone property. GRADALL �c BACKHOES BULLDOZERS BUCKET LOADERS ANTONE & LAPHAM CORP. 376 PATCHEN ROAD SO. BURLINGTON, VERMONT TELEPHONE 2-0321 '27, 15'57 ajoard of _LecGll,eii lb-'1d11 Of-OLILil Uurliii._'LU11 iurlin,,°ton, V6ri:iuilt u�i1i,lCl:t13i1: �c TRUCKS .,Ll ilc3rduy p-"�itiui! Liia DOcird of -eluct111ri1 -Lc) LL:ileild i;ile-01ii11s ux'c;ili:�is of tilU iovJ,i of ':�ou-Grl i"tuli to cn: Yl":1 fr01LL L'1(--sid0-iitjL.l cl�ssificUt- on to i-)usiness clLssi.fic:a.tion tiie property owned oy us oil i-aiGc:ien iio_td uijd descriced ds folio,;s: ar, 'i,ri.: oil of our iiort,lerly line 'J,JL-uii r:Gchen LLOa.d a!icc ex.Gcildin easLerl,, for a d= s-L,'.lice of j30 S' CL j 'Ghl 11C X Gi Y'lilti`; r1 ,,LL �_;,11U t1�LeiiCl 1,; sO t;l 1"l lUr a C�1SG xiC: of ' Ib7 fe,et j t; e11C LUT'i11_Si "i' .''_i c.L ic, C :�eliCll: vest rly for L uist<_rlce of 15U fz;eL; tLience turiiii,, to L le ri"iit J.,ic ext�iias.n„ 11orLii r14, for d-Lst.iice of 67-21 L; 4 p t�lelice' turi.iii to t:l" idi'L aiid l,r'occ;ud.ai,, a 'GaY'1J for L, disc ilce of 1a) f. eG to tue mot-iidcary of ou-r i-x'ol;tx'Gy 11c t"�,tc ,�rl i�o�d; Lilerlc� furl iri ; to tii 'u_,:, It lcz 1 roceed -11 iiuY•tticrl;- for ui:;c,:.tGc� of �U�1'"eG GU G.ie ,oi_ii� of d 6 U �a '1ii'Iliu ('i'iiis Oeind ali of our r;ro;_'er'ty a_�ccy:)t reCt- aii�u1-r cdeco oil -L!le soUu.,jv,est Cori_erl6atilCil iOrde!'i id"Gcneri iLoa.d for a di sl�a.?1Ce Of �;'2 fl: i:;-t, L-na e1�GuYiCi�.ii�� e:,i.sterl:y' for U "� a disf-alce Of 16feec'. .1P_Cdr'el, yo sNO liS irLuik t,aitone c_ iiC �,.]_a,ii ru It Ulid i" nCu'. U.-l� IliiliJ t�►Ct�abeer 17, 1957 Maw G. TAW, pr. , Ssq. UWy aead Leddy J, 200 Main Beset �--- - y\ Door Mam I have yaw letbar 150 rellet 49 to the Ante m pry at SWAB addWagwa. c t1o>Rr by the 8e lee bmw was Ineffective to change or a sting Zoning onum ace, has been 9fmm cared stady. I have a z+*-ftWAdWaistmuv* scar that the protests faro with not bow the requisite sigusures, is that the embr sae WOW pert mud his w9b,, and the fil ed sign . and ors . Victor Lambert" dues not swet ilea stet+xry paten OvO r,, if w* wax* to Assume *at the protests stet the 40% me- vises of Seatku 3858 as men , I again trove advised the Tuning Adutn- attfe OMW thst ilia vote of 3 ae# Of 5 Been is, to &U iettent and VWpaeses„ settlsttation of to reR of 0 2/3rds vote. I teem cartmin dtw tbt Curt WOW bold that the r*QWMAWnt Abould be *rie+d to the now* at wbele vwsm* Under that sbtaces, I have edvissd the Ttam hanever that tie slatt n of the l•oRswrrn is legally a rCtive. I an repeaung ibis advice OW 4110Ctfng a COPY of Ois l*VW to the Zd aing Adetei dstmtive Officer aced the Choi mon of the Bout of Selectmen. basing eeor POSSUM apes► these cane: #oas, we can only advise yore dAt it is OW VRdW few that Mr. Oawd hits. Antow may ate a business bm do wen in gmstleen, ssW*ct for canb*j by the Traetintr &md, when requind. bam"m Q* loilwo yr. 0 xsqq 0abobw 170 ISS7 ftoo 2 A, QMvol CA(kasl cc: waltsr 0, SOAo, AWM VAMV Or Auvustus T. May 30 1957 W r* Frank Anton* 376 Patches Road South Burlingtong Vermont Dear Sir: Your neighboring property owners have made zrmerow complaints charging that you are violating the Protective Toning Ordinance of the Town of South Burlington and demand that I# as administrator, compel you to ccm3ly. Tberefores as Zoning Administrative Officer of the Town of South Burlington, I mast request that you ocuply with the provisions of the Protective Zoning Ordinance. Very truly yours, Waltbr O. Anderson Town Manager WASP, 1 GRADALL • BACKHOES . BULLDOZERS • BU. ET LOADERS • TRUCKS ANTONE & LAPHAM CORP. ti 376 PATCHEN ROAD SO. BURLINGTON, VERMONT TELEPHONE 2-0321 Fe,:rUL,!'�- ,'5, -:57 uuu.rd of �ticc�,.t�.t _r-' Li uoi, U.:.0.1 'lull' 00-.1'd �O .L'i,:]"t(J GL1U './�Uah;__i �`; 01'lii.1. ,LCLI 30 -to Lo c_t..it,e �. �Ot'�_L.t i ,:..1i_C.�_Otl OL ,..11 G!.l rU; Y"�j' 0-.L'CG 0�1 Us Oti 376 : _ Ott t. .Lo,_.( ., L;rL,c)nu i-ru,,� L'o FrL/ nb OWN Is Al Rv TONE MON, lc* N 7 Al 71, ,e7AI77,-, A4 3,14 PATCHES WAD S. 3umw4TOK VTi r TO Mr. Henry4 .l air T�}i�n ir�#gI`. nr et street 7 L o. R'R'pi i na�tan. Vermont � DATE April Z % * 1969. 4 This informal note is to confirm rid a cons P,raati 3n bets an yourself and Frank, Antone of -a f$ sal: a. This is in regards to the use �alf she Tmam lot -on Airport Parkway bordering Rene' s meadow this year for the purpose of stockpiling Gravel and Sand by ?.R. Antene Inc May we Tease have your reply on this matter at your earliest convenience. 'T"han ; `you SIGNED r 4 Office Mg DATEI 4z - i 50--cGf RECIPIENT: KEEP THIS COPY, RETURN WHITE COPY TO SENDER. TOWN OF SOUTH BURLINGTON, VERMONT PLANNING COMMISSION December 1.43 1903 Reply address: 11 , ealthy Avenue South Burlington, Vermont 1r. Irving Douglas, Town Manager 555 Dorset Street South Burlington, Vermont Dear Doug, The Planning Commission at a meeting held on 'Nedensday December 4, 1963, with only ex officio member V. D°Acuti absent, again reviewed the petition of Frank and Beulah Antone to rezone land as described in my letter to you dated November 9, 1963: from business to industrial. This time with all voting members present, the Commission voted three to two to recommend that the peti— tion be granted. Very truly yours, ,l Mllia�t. Kellner, Chairman Mr" and Mrs~ Frank Antone 376 Fatohon Road South Burlington, Vermont Dear Mr. and Mrs. Antone: This is to officially notify you that the Bosrd of Selectmen will hold a public h23ring to consider your petition on Tuesday, January 14^ 1964 rath�r than on tha 7t day of January due t-1 a delay in the advertising of the proposed rezoning of your Property. The meeting will be h-ld at the Town Hall, 555 Dorset Street, at 7:30 P,M^ jlnoorely, Irving L. Douglas Town Mansgor ILD/ab cc: Matthew G. Leary December 24" 19�3 Mr, FrAnk and B---uloh Antone 376 pntohon Road South Burlington, Vermont Ooar Mr. and Mrs. Antnne- The Bosrd of -jeleotmen will hold o public ' he,3ring on Tuesdoy, Janu�ry 7^ 1964 at 7:30 P.M. 3t the Town Hall, 555 Dorset 6treet, South Burlington to ol,nsider your petition to zone lnduatri,l. Sincerely, ILD/ob cc: Matthew G. Leary COPY Dece-iber 17, 1903 Frank and i3eulah Antone 376 Patchen Lzad Jouth Burlington, tie mnont Dear ":r. and Mrs, intone: ibe Lbiird of Selectmen will not hold their scheduled meeting of December 17, 1963, to hear your petition due to technicalitiets. Your petition will be heard at a iater :iate. Irving Douglas Town Aan,%ger f A'J1sb cc: J',23tthew Leary A copy verifying this letter received and accepted. - this 1.7th day of December 1963. N 0 T I C E The Selectmen of the 'Town of Ibouth Burlington hereby give notice that there will be a public hearing on the 9Ak day ofA I , 196 y, at 7:30 F.N. at the South Burlington Municipal Building, 555 Dorset .3treet, >outh Burlington, Vermont, to consider the following Ordinance for final passage: A-N OtiDINANCE TO AMEND THE PtiOTECTIVr ZONING ORDINANCE OF THE TOWN OF SOUTH K aLINGTON The Selectmen of the Town of South Burlington hereby ordain: Section 1 The following property owned by Frank and Beulah Ahtone shall be zoned industrial.: Beginning at a cement marker on the westerly corner of the Harrington-Antone boundary on the street line of Patchen hoad and following in easterly line 264 feet, thence 3 feet northerly to a marker, thence in an easterly direction 53 feet to a marker, thence southerly direction 125 feet, then turning an angle of 81 degrees 15 minutes and proceeding in a westerly direction 217 feet, then an angle of 98 degrees 15 minutes and proceeding in a northerly direction 60 feet, then turning an angle 98 degrees 15 minutes and proceeding in a westerly direction 100 feet, thence 62 feet in a northerly direction to the point of beginning. Section 2 This Ordinance shall take effect from passage. Irving L. Jouglas Town Manager LEGAL NOTICE NOTICE The Selectmen of the Town of South Burlington herebv give notice that there will be o public hearing on the 14th day of January, 1964, ai 7:30 P.M. at the South Burlinglon Municipal Building, 555 norset Street, South Burlington, Vermont, to consider the flowing Ordinance for final passage: AN ORDINANCE TO AMEND THE PROTECTIVE ZONING ORDINANCE OF THE TOWN OF SOUTH BURLINGTON The Selectmen of the Town of South Burlington hereby ordain: Section 1 The following property owned by Frank and Beulah Among shall be zoned Industrial: Beginning at a cement marker on the westerly corner of the Harrington•Antone boundary on the street line of Patchen Road and following In easterly line 264 feet, thence 3 feet northerly to a marker, thence in an easterly direction 53 feet io a marker, thence southerly direction 115 feet, then turning an angle of 81 degrees 15 minutes and Rroceeding In a westerly direction 217 feet, then an angle of 98 degrees 15 minutes and proceeding in a northerly direction 60 feet, then turning an angle 98 degrees 1S minutes and proceeding in a w^_steriy diree..lan 100 feet, thence 62 feet in a northerly direction to the point of beginning. Section 2. This Ordinance shall take effect from passage. 12/27/63 Irving L. Douglas Town Manager January 22., 1964 Frank and Beulah Antone 376 Patchen !Qad 6outh Burlington, Vermont Dear 11r. & Mrs. Antone: Pursuant to your request of October 22, 1963, to have a portion of your ;)roPerty rezoned to an industrial district, as advertised in the I�urlington Free Pross Decembex 22, 1963, your ;)etition was heard on Jarm:-ry 14., 1964. i-4 E � 0 L U fit WHEhEA31 a hf--arin,,..,, on a proposed change in the zoning ordinance of the Town of 6outh Burlington was held on Jmuary 14, 1964, at 7:30 P.M., pursuant to erection 3857, V.6. 147, and the said oronosal of change has been duly considered by the board of 6electmen, of the 'rown of iouth 6urlington. be it resolved that the ?ortective zoning ordinance of the Town of »jouth Burlington is hureby timended by a change in t.he zoning classification of tine following described property fro "business area" to "industry area"; Beginning at a cement marker on the v,,-esterly corner of the Harrington-Antone boundary on the street line of Patchen loud and following in easterly line 264 feet thence 3 feet northerly to a marker, thence in an easterly direction 53 feet to a mark-x, thence southerly direction 125 feet, then turning an angle of 81 deLrees 15 minutes and procceding in a westerly, direction 217 feet, then an angle ,.)f 98 degrees 15 minutes and ;.)roct:edingr in a, northerly direction 60 feut, then turnin, an angle 98 degree3 .1.5 minutes and proceeding in a vv e st,-, r 1 y direction 100 feet, thence 62 feet in a northerly direction to the ;oInt of beginning. I I Dated at :youth Burlington, Vermont this 17th day of January, 1964. Vincent i) I Acuti i,xaitstil bro-wn Au,,,,,ustus Stephe, stalph Go,.Arich AN ORDINANCE TO AMEND THE PROTECTIVE ZONING ORDINANCE OF THE TOWN OF SOUTH BURLINGTON The Selectmen of the Town of South Burlington hereby ordain: Section l The following property owned by Frank and Beulah Antoneshall be zoned industrial: Beginning at a cement marker on the westerly corner of the Harrington-Antona boundmry on the street line of patohen Rd. and following in easterly line 264 feet, thence ] feet north- erly to a marker, thence in an easterly direction 53 feet to a marker, thence southerly direction 125 feet, then turning an angle of Bl degrees 15 minutes and proceeding in a westerly direction 217 feet, then an oiqlle of 98 dagrees 15 minutes and proceeding in a northerly direction 60 feet, then turning on angle 98 degrees 15 minutes and proceeding in o westerly direction lOO feet, thence 62 feet in a northerly direction to the point of beginning. Section 2 This Ordinance shall take effect from passage THE BOARD OF SELECT1,21i will hold a public hearing at the 'Town Office Building, 355 Dorset 3t., South Burlington, November 12th at 7:30 P,Y1. to consider the petition of Pran;c and 3aelah Antone a, cer 4- , -jin r.)Iece of land on .:;a1,cAen Road 1o be rezoned to Industrial. '-'L'kie above mentioned olot- is described as f ollo-.1fs : BeginninS at a cement marlcer on 41-lie westerly corner of the Harrington - intone boundary on the street line of "atchen :load and following in easl,.erly line 264 fee-,,-P thence 3 feet northerly, to a marker, '_.�ience In an eas'.,erlv direction 53 feet to a marker, thence la -a southerly direction 125 feet, then angle turain0 g an le of 31 de-rees r,, , ­&, rD 15_and proceedin,,�,- In a westerly direct on 217 feet, then turning an angle of 98 degree 45and ProceedinL In a A northerly digection 601 feet, then turning an angle of 93 de.rrree 1-51 and proceeding in a i-.Tesi-erly direction 100 feet,, 'Aence 62 feet in a nort-:'ierly direction to the ;point of be,-,innin,-. I. L. Douglas ,.'own ;tanager CLA SSIFYCA_ TI ON INSERTION Words Times DATES j i Id Taker Source t s .1. mount Charge l mount Cash Name A ddre&6. 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