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HomeMy WebLinkAboutVR-73-0000 - Supplemental - 0005 Peterson TerraceZONING BOARD OF ADJUSTMENT MEETING NOVEMBER 7, 1973 The South Burlington Zoning Board of Adjustment held a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont, on Wednesday, November 7, 1973. Chairman Myette opened the meeting at 7s45 p.m. MEMBERS PRESENT Richard A. Myette, Chairman= J. Everett Reed and Alan Sylvester MEMBERS ABSENT Robert M. Martineau and Frederick J. Fayette, Jr. OTHERS PRESENT Richard Ward, Zoning Administrators James W. Tobin, Wayne Chesley, Edward McGlynn, Joyce McGlynn, George E. Bosworth, Paul R. Graves, Dorwin Thomas, and Mr. and Mrs. David Newcombe APPEAL OF EDWA RD AND JOYCE McGLYNN Appeal of Edward and Joyce McGlynn seeking a variance from Section 6.40, Yard requirements of the South Burlington Zoning Ordinance. Request is for permission to construct an addition 12' x 28' to within fifteen (15) feet of the front yard property line and to within thirteen (13) feet of the northerly side yard property line, proposed addition to serve as a boarding house for elderly persons, at 5 Peterson Terrace. Chairman Myette read aloud the request for variance and then called on Mr. Ward who explained the front yard requirement is now 30 feet and side yard requirement is 15 feet. The proposal is to build an addition 12' x 28' on the north side of present structure, this addition to serve as living area and three bedrooms, with the intention of accommodating elderly persons. He presented drawings of the proposed addition, as well as letters from several of the adjoining neighbors 2. ZONING BOARD OF ADJUSTMENT MEETING NOV.?, 1973 APPEAL OF EDWARD AND JOYCE McGLYNN. CONTINUED stating they had no objection to the request for variance. Mr. Ward also said the area is zoned Residential B and there could be a question of use variance in this request for lot variance. Chairman Myette stated there is considerable concern at the present time regarding boarding houses in residential areas. He asked Mr. McGlynn to explain their plans; he in turn referred the question to his wife to answer. Mrs. McGlynn said she is a registered nurse and wants to be able to earn money while remaining at home. Would have three elderly people, each in separate bedroom but sharing living area; would give them 24-hour a day care. Nursing homes cannot meet the demand for this type of caret many persons are unable to stay alone and their families cannot pro- vide the necessary care. These would be private patients, definitely not welfare or State patients -- not a rehabilitation type of home. They have three children of their own; with this proposal, would have a total of eight people on the premises. Would expect very little traffic in or out. Mrs. McGlynn said when they learned more about the requirements they had a second set of plans prepared allowing for a 20' setback. Chairman Myette read aloud a letter from Doug and Agnes Walker in which they stated they had no objection to the request; also a similar letter from the neighbors on the north side. These letters to be part of the record along with four other letters from neighbors expressing the same opinion. Mr. Bosworth asked if the addition would be separate from the McGlynn's dwelling. Mrs. McGlynn replied the addition would have its own private entrance. Mr. Bosworth then questioned the lot requirement if this should be considered as more than a one -family dwelling, in this case a boarding house. Also, would it be setting a precedent for use variance in a residential B area? How would it fit into the density of a zoned B area? ZONING BOARD OF ADJUSTMENT MEETING 3 NOV. .2, 1M APPEAL OF EDWARD AND JOYCE McGLYNN.L_CONTINUED Chairman Myette stated the Chair has determined we will have to consider this as a use variance as well as a lot variance; that it will be treated as a boarding house. Mr. Sylvester then read the ordinance re boarding houses. The Chairman told the McGlynns they should not go to the expense of building the addition and run the risk of someone challenging the Zoning Board's interpretation of the ordinance laterl that they should first have their request placed on the agenda for the next meeting of the City Council and get the Council's approval before starting construction. He also stated that because there were only three members of the Board present they would need an affirmative vote from each member attending in order to have their request granted. In response to another question by Mr. Bosworth regarding the boarding house use and the danger of setting a precedent, the Chairman stated the Board had received enough information to enable it to make a decision; that the feeling of immediate neighbors weighs heavily in such decisions. He declared the Board ready to vote on both the use variance and the lot variance with the 20 feet setback. The Board voted unanimously to grant both variances. APPEAL OF DAVID S. NEWCOMBE Appeal of David S. Newcombe seeking a variance from Section 5.40, Yard Require- ments of the South Burlington Zoning Ordinance. Request is for permission to construct an addition, containing approximately 482 square feet, to within forty- five (45) feet of the southerly side yard property line, at 1263 Spear Street. The Chairman read aloud the request for variance. Mr. Ward explained the area is zoned Residential District A. Yard requirement is 50 feet= request is to build within 45 feet. Proposed addition is 20' x 19' to be used as a family room and addition to study 4' x 12'. Mr. Newcombe said the proposal is to give them more space (for books, for example) ZONING BOARD OF ADJUSTMENT MEETING 4, NOV. '?, 19?3 APPEAL OF DAVID S. NE'WCOMBE, CONTINUED would allow them to receive cross breezes; would continue along with the present lines of the house. Asked why, with so much space in the rear, he wished to add at the side of his present house, he replied an addition in the rear would spoil the view which they feel is worth maintaining. The Chairman stated he believed the new zoning ordinance is going to allow building within 30 feet of the lot line in that area, and asked Mr. Newcombe how he felt about this as a resident of the area. Mr. Newcombe said he felt the nearby woods and open field should be kept as they are. Their beauty is enjoyed by the residents as well as people driving past. A letter was presented from Mr. Allen B. Angney, Jr., expressing approval of the variance. The Board studied a drawing of the property and proposed addition. There being no other support, and no opposition, the Chairman called for a vote. The Board voted unanimously to approve the request for variance. APPEAL OF RAYMOND P. BESSERY Appeal of Raymond P. Bessery seeking a variance from Section 8.10, Use regulations of the South Burlington Zoning Ordinance. Request is for permission to construct a second level addition, 51' x 27' to be used for two apartments at Leisure World, Inc., 1197 Williston Road. APPEAL OF RAYMOND P. BESSERY Appeal of Raymond P. Bessery seeking a variance from Section 8.40, Yard require- ments of the South Burlington Zoning Ordinance. Request is for permission to con- struct an addition to an existing structure located within ten (10) feet of the rear yard property line and directly on the westerly side yard line, at 1197 Williston Road. Chairman Myette stated that Mr. Bessery had called saying he would be unable to 5. ZONING BOARD OF ADJUSTMENT MEETING APPEALS OF RAYMOND P. BESSERY (CONTINUED) Nov. 7. 1973 attend the meeting, and that, generally speaking, when the applicant notifies the Board in advance, the Board usually lays the request on the table until the next meeting. Mr. Reed then moved that Mr. Bessery's requests be tabled until the next meeting; Mr. Sylvester seconded the motion. Requests to be tabled until the November 21st meeting. APPEAL OF NORMAND RAMSEY Appeal of Normand Ramsay seeking a variance from Section 12.20, Yard requirements of the South Burlington Zoning Ordinance. Request is for permission to construct a motel unit (d/b/a the Anchorage Motor Inn) approximately 60' x 190' within fifty (50) feet of the required front yard on a parcel formerly the Wright property, located on Dorset Street. Request was read aloud by the Chairman. Drawings of the proposal were presented to the Board and were studied. Mr. Ward stated everything is allowed. Area is zoned Business District A. Pro- posal is for a motel on what is still the Wright property (listed in request as formerly Wright property) on Dorset Street. The request for variance is to build within 50 feet rather than the front yard requirement of 75 feet. Mr. Dorwin Thomas, Architect for the proposed motel, explained this would be a cruciform shape with two short wing walls -- swimming pool in the rear -- a recto - linear building with three levels, keeping within the heighth of 35 feet. Design is predicated on the soil conditions; water table high in that area although has dropped since Ramada Inn was built, also since sewage system installed. Pool Motel will be enclosed. Will be of wood structure with white clapboard siding, a metal roof to be painted royal bluei considered a contemporary -colonial style. Trying to keep a low silhouette. Will have 82 rooms. In answering a question about the ZONING BOARD OF ADJUSTMENT MEETING s NOV. 7, 1973 APPEAL OF NORMAND RAMSEY. CONTINUED use of a metal roof, Mr. Thomas stated that because of all the trouble with shingle roofs in Vermont in the winter caused by water setting back and running under the shingles, architects are returning to the ideas of 150 years ago when all roofs were metal; these basic ideas were practical. Copper could be used, but turns green; galvanized roofs can be painted or left natural. Motel rooms to be 12' x 24' -- there is to be no dining room. From an aesthetic standpoint it is preferred to have the green area in front, with all cars to be parked at side and rear. Mr. Paul Graves stated it would be just a typical motel without meals, and would be standard rates, not one of the new cut-rate motels. Mr. Thomas explained the flow of traffic, using the drawing for illustration. It was recommended by Mr. Ward and the Chairman that the applicant should consult with the City Manager regarding a disacceleration lane; also regarding drainage. The Chairman expressed the opinion that it was a good plan and would be an asset to the City of South Burlington. He then called for a vote. The Board voted unanimously to approve the request. A motion to adjourn the meeting was made by Mr. Reed and seconded by Mr. Sylvester. The meeting was declared adjourned at 8,45 p.m. Following the formal meeting, the Members remained to study the draft of the revised zoning ordinance. Clerk ZONING BOARD OF ADJUSTMENT MEETING NOVEMBER 7, 1271 FINDINGS OF FACT NEWCOMBE 1st finding - Reasonable use of property. 2nd finding - Not a serious infringment on nearest neighbor. RAMSEY 1st finding - In keeping with surroundings. 2nd finding - Better approach to parking layout; as per Engineer's stipulation. MCGLYNN 1st finding - Reasonable use of this property. 2nd finding - Stipulation of a 20 foot set -back. 3rd finding - Boarding house for elderly is needed within Residential District. CITY OF SOUTH BURLINGTON, VERMONT WHEREAS, the undersigned, applied to the Zoning Board of Adjustment of the City of South Burlington to relax the terms of the existing Zoning Ordinance to permit the operation of a small nursing home, and WHEREAS, the variance would pertain to the property located at 5 Peterson Terrace, South Burlington, NOW, THEREFORE, the undersigned for themselves, their heirs and assigns, do covenant and agree to and with the City of South Burlington that in consideration of being granted a Use Variance by the city, they shall not rent space or permit space to be occupied by more than three elderly persons requiring the care of a registered nurse and shall comply with all applicable state or other governmental regulations. Edward . McGlynn C Joyce McGlynn Date `� � , � The MclAynns are considerate neighbors and have discussed their plans for building an addition to their :tome for the ouroose of providing rooms for elderly persons. We have reviewed their plans and believe this will provide a desirable service waich the City of South 3urlington needs -- a fine place for a few elderly persons. As next door neighbors we feel their plans have been given such consid- eration that neither the building addition or the additional persons involved will be any detriment to the neighborhood. sae would welcome this as a desirable assett to Peterson Terrace and urge assistance to rdward and Joyce McGlynn in their endeavor. October 27, 1973 Mabel H. Hills & althea W. Burns 9 Peterson Terrace South Burlington, Vt. 8 Peterson Terrace South Burlington, Vermont October 27, 1973 TO WHOL 1T iAY CO NG&; II; We, the undersigned, are property owners and residents on Peterson Terrace, and neighbors of Mr. & Yxs. Edward McGlynn. We understand that they wish to build an addition onto their home which may require a zoning variance. We are aware of the size and purpose of this proposed addition. We do not have any ob3ectiobs and would recommend that their request for a building permit be given every favorable consideration. Respectfully submitted CITY OF SOUTH BURLINGTON, VERMONT WHEREAS, the undersigned, applied to the Zoning Board of Adjustment of the City of South Burlington to relax the terms of the existing Zoning Ordinance to permit the operation of a small nursing home, and WHEREAS, the variance would pertain to the property located at 5 Peterson Terrace, South Burlington, NOW, THEREFORE, the undersigned for themselves, their heirs and assigns, do covenant and agree to and with the City of South Burlington that in consideration of being granted a Use Variance by the city, they shall not rent space or permit space to be occupied by more than three elderly persons requiring the care of a registered nurse and shall comply with all applicable state or other governmental regulations. Edward C. McGlynn Joyce E. McGlynn Date -- CA - a--�- -E- --- T fib, 8 o l) T R LACF-- S R� u rL L t fUC-Ta o c.� ' .2 6,19 � 3 MR., RCRARD 'WARP 20U v►.0 G- .,'�0 H►Q iS TRAT0R S . Z L; f LrAJ&To Q.) V "rl JDUs Ica 0 A �D 00'' CF MC-G.LUO MUr- 6h0WQ US Loh F-FTF, PoLAWS FOR A PRoposF—zi? ADDLnou ou-rc> Ttfr-_- R As �j%ir poioR. }•��tGttt3o��� wt= YrAvr' Qo AW 0 !-1©PF Tt�Aj- AF_IP,K1 6 6ok) Wi1L @�F jzhuTFD Tbr��i To S1'A97- C00tSTRuc4160, RES�t?'�cTFvl.V `b-i Ct Oc.'T. 2'7 1 197 3 -fo s B 4mv, ,s go c We. Oj MO V-aV-%e.. C Z-. OUnv:ti (5-t Ti&C d Af ,&)C c.5(-tc>i s . �� i � r„2 �mwf ci) November 2, 1973 Mr. &- Mrs. Mward McGlynn 5 Peterson Terrace South Burlington, VT 051+01 Dear air. & Mrs. 'CleGlynn: Be advis S that the South Burling qw ton Zoning Board of Adjust— ment will'Liold a public hearin., at the City Hall, Conference Room, 1175 I.Jilliston '-load on Wednesday, November 7, 1973 tit 7:30 P.m. to consider your request for a zoninr- variance. I-, Please plan to attend. Very truly, Richard `.!ard Zonin- Administrative ff icer R W1 j Hearing Date Advt. Date Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30..00 which fee is to off -set costs of holding said hearing. q Date — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — � a. M .. SOUTH BURLINGTON ZONING NOTICE 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 d 7'� J at to consider >> following: month and date time Appeal of 1?� _ .�•-- / seeking a name variance from Section `' f/,� , �'� ' ''� ' '��+ of number title of section the South Burlington Zoning Ordinance. Request is/ for permission to Ire, �Aw ZONING BOARD OF ADJUSTMENT • f