HomeMy WebLinkAboutMinutes - DRB - 01/05/1976•
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ZONIJfGBOARD OF ADJUSTMENT
The SOllth Burlington Zon1ng Board of Adjlletaent held a publio h.rlllf·.Dn
Monday.January 5.1976.1n the Conferenoe 110011,I'lun1c1pal Pffia...1175
111111aton Road.
Robert Mart1n_u.V10e Cha1raanl Frederiok·Fayetu.Jr••J.b.t-t.t J,l.eed,
nan Sy1vltllter
MEMBERS ABSgIT
1I10hard Myet.te.Cha1X11&n
OTHERS PR!!§EN'T
Riohard ward.Zonlng Adain1atratorl Mra.lIold.e AUen
The lIeetil\jJ 'Maa open.dby Vl11e Chalrun Martin.u ..t SI1S p •••
Requ8$t of Mra.HOxie AlleJ!
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IMrs.Roxie Allen of the Allell L.rnine;Cent.er reque.t.td ,e~.B1en t.o ha~e
dancing lnet1;Uctioll OlaS88$ln her building,dllnne;lIVe"n1n«a •.
Mr.ward explalned he felt there llaS 'no n,.d for llamlng thlll "a the
original requeat a.for JIUIUple uee but at that tll1e Mrs.Allen had no one
ready to move In.
Mx".Martin...u stated thePl1nllha showed the Board voted unanll1lOUBly lo
approve the request with the et1p1l1ation that it be l1aited to the Allene'
Ulle snd any other u..IfOUld ba"e to have a ""r1allCl..H...id lIult1ple use
1fIl.s nat apprllved at that tille...,
Mr.lIaX'd sa1d the on81nal lIul'l1q vaa for lIu1tiple 11.•••Mr".All.n descrlbed the apuaUon of her l.mlll aenter 1n tbe dartt-e and
Ald ehe had been apprl*ohed to have a jall8 dane.ala••ill t.I:Ie ..tiling troa
.abollt 5.)0 to 10.00 p.llI.throujJlloutth.lie....sae ..,14 1Itl.8l'l they .fbst ca.e In
they wanted both of th...11....and were told the)'OO\l.ldll·t h.".th.t ..ether.
Beoall..th.leamllll!i canter it••lf wa.Il't inolud.10,tile .".......•t w81n...
allowed 1n that .r88,lt had to \Ie broupt before th.Iloiar,ft..et approwl.
\/ben 1t b.oea.evident there Ilight b••Il.e for the ....,btlllU..1n the avan-
illg,ehe ..~d th.y ....re told tha,.could ba Y8 th..,.."-ano.11"th.,.were to 00••
back and let the Board kl:low 1Itl.1I the buildinl "ou14 be used for the lIVen1111
pIlrpase.She 1181d lib.had lottan in touch with ~.ward .1Il!h.said a letter
to that effect to hillllOUld _.to the Board.
Itt.Mart1neau aa1d he :reoa.l1ed th.y did .tlUCll.a bltw1th th...l';.Oll ...•..lIllt
said for now 1t would be alright to haveju.st the 1..t.1'\loU~1 group during
tn.e cULyt1lll.but def.rre<!the deo1ehn for the lIVening .UBe.
Mrs.All.n add the traffic 1..u.and parUng bad b.en conatden4 ..t the tila.
of the f1rat.reqllest..The BoaX'd lIight have want.ed to se.1f there woUld b.
any diffiC\llty with trall$portation on and off Sh.lbum.iIIl8d.for the learning
center.and would the dancing .choalt1.up traffl0.Th.re would ••no eaall
Clhlldren with the dance _eboo1,th.y oould park aero••tn,,tre.t bai:aus.it 1$
elIlpty after bank1ng haure.Adultll oOllld cross the str••t with ftc dlfficu1ty •
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ZONING BOARD OF ADJUSTI!...E!IT.
Mr.Martineau felt there was still a question as to whether or not the Board
could legally hear it.
Mr.Reed felt it would have to be re-wa:r:ned and come Mck before the Board.
Mr.Martineau asked Mr.liard about the time limit and was told it was 45 days.
Mr.liard said the reason he told Mrs.Allen she would have 'to come back was
because it was definitely put in as a stipulation for a variance.
Mr.Martinel1u said the language of the Minutes said the Board approved this
request with the stipUlation that it would be 1111itllld to the Allens'use and any
other use wO\lld have to have a variance.
Mr,Sylvester said those Il1n\ltes Were approved and from what is in the last
sentence he thought the Board would be in difficulty if anyone called th ...
on that,
Mr.Martineau said it does state you have to have a variance and to have a
variance it is necessary to have a public hearing.
Mr.Fayette asked if the class wO\lld be run by other people.
Mrs.Allen eaid students would pay the tuition to her and she wO\lld pay the
teacher.The instI'llctor said if it was necessary for her to work for Mra,
Itllen,they could "et it up that way,and ahe (Mrs.Allen)had told her they
would lItart as soon as ahe could get the approval.The instructor had wanted
to etart in December but therll WlIe no Zoning Board meeting.She stated she
doee have one co-worker in the dayti....
Mr.Martineau told Mrs.Allen he was afraid the Board might have to incon-
venience her because he didn't sell how it oO\lld ignore the Minute that have
been approved.
Mr.Sylvester Baid he thought it was probably discretionary on thllpsrt of the
Chair.
Mr.Martineau said in the absence of any strong arguJlentB against it he would
conclUde that the Board was required to ba".'an application for variance \lnder
the ususl technioal fo",ula with a p\lblic warning,and that Mre,Allen epecH)
in her appeal the use and if ehe wae going to opente it.
!'!rs.Allen said she took the stipulation that the Board 'Mllnted to know what
the building was to be \lsed for at all houre lind that ehe wall suppol!l8d to come
back.
Mr.Martineau euggeeted she appeal \lnder her own naae or buainese name and
Iltate the use she intended to have,and in addition it would hllve to Qom.under,
the multiple uee ae well.Since part of the probl.,.was the concern of the
Board about traffic,pa.rkine:,etc.,it would lend fuel to hearing it on a
public Meh,The hearing would be warned and the next pouible date would
be Febt'llary.
Mr.Fayette explained to Mrs.Allen it might be in her bll6t interests beoauee
if the Board were to do thia on II queetionable ballie and someone were to pick
it up and not approve of that uee it could be overturned quite eBs11y and
immediately put her dance Ilchoel O\lt of businees.It would be better to
approach it on a fin footing.
Mr.Sylvellter referred to her letter of Dec_ber 15th in ~lch she IItated
ehe had been spproached by someone and reeo_ended that it Lde clear who
would be operating the school,
Mr.Martines\l eaid that would be illportant to the Board lind the Board should
know that epeeifioly,where the bIlrden of reeponeibility would lie.
Mrs.Allen replied it would probably be better to have it in her name lie the
owner of the bIlildine:•
•ZONING BOARD OF ADJUSTMENT
APPEAL OF JUCHARD AND BRENDA SP!J!@
JANUARU,1976
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Applllll of Richard and Brenda Sprano seeking a varlance,froll Section n,oo,
Dimensional Requirftments of the South Burlington Zoning Regulations.Request
is for permission to convert a single family dwelling into a two fa.ily dwell-
ing on a lot containing 12,500 square feet,also requiring a varlance froll
Section 11.80,Dwelling Unit standardsl one unit will contain 816 square feet
at 392 White street.
Mr.Ward stated he had heard noU15;ng from the applicant,that he had called
both Richard and the father.There wall supposed to be 1I01lle neW evidence
subni tted.
Mr.Martinllllu said it would be difficult to act on it sinoe it was being re-
warned on the basia of nell evidence.The Board could act --or it could table
it,
Mr.Sylvester said for the record the Board lIembera had all taken tille out
froll their busy schedulell.including the Zoning Administrator snd secretary,
to hear this one warned appeal,and the appellant did not lIholl nol'did he have
the decency to contact the Zoning AdlliniatI'll.tol'ao the Board would not have had
to aeet.He objected to being treated like that;he did not think it wae fair
to the lI_bere.The app..l could have been denied without a hllllring.The
Zoning Adllinistrator and the Board obviously felt the appellant .hould be
given the c01,1deay of another hearing vi thin two weeklS of the tille the firat
one vas held.He said if he had his way he would deny it.
Mr.Martineau felt the 45 lIinutes the BolIrd had been in seuion liaS sufficient
til'"'for anyone to have called if anything had happened.auch as car trouble.
The appeal was read aloud by Mr,Martineau who then stated for the record I
The appellant was not herel the warning was read at 5145 p,lI.1 the Zoning
Administrator called the hOlle of the appellant and the hOllle of the appellant's
father vi thout getting any responaea The Board acted upon the appeal based
on the infox:mation at hand;there wall no infox:mation presentedl the Board
based its judgment on the information and the presentation that was IlIade at
the previous hearingl there was no other person present so there was obviously
no support or no opposition,He then said the Board was ready to vote.
Mr.Sylvestllr asked for a discussion of the bulliness of re-hearing,asking
what 16 to prevent anyone from appealing again anyti.e they want,snd suggest-
ing perhaps the time had cOile where a lIlotion could be included that the Board
is rejecting sOlllething and viII not hear it again for a certain period of time.
He said he didn't know if they could even legally do this.but he could foreeee
the possibility of being in1,1ndat8d by reappeals.
Mr,Martineau said it is a point to be considered.He said he was concerned
over piece-Ileal variances,sOllething getting pyrall1ded on top of something else,
Mr.Fayette said he would not want to lillit anyone'"recoursel he realized it
could become a burden but 1 t is also a burden to the pllOple,The rule not to
re-hear unless there 1s new evidence --he WOUldn't want to go any further than
that to deny people the right to re-appeal,He agreed that it was an incon-
venience to the Board.but at the same time that inconvenience is part of the job.
Because zoning rules are becolling stricter and stricter,this outlet is extr8lllely
important.Hs said he did feel Mr.Sylvester'll point was very well taken,however.
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~NU!Q...BOARD OF ADJUSTMENT
Mr.Reed auggested incorporating in the zoning regulations a specific time
limit such as three months or six months.He also suggeeted doubling the
re-appeal fee.
Mr.Martineau said so far 1t ha"n't been a problem but he would agree they
shouldn't have to wste their tiIRe.but it is necellllary to tread carefully
the line between that and denying anyone a second or third appeal.A re-
warning would not be allowed unless there was new evidence.
Mr.Ward repUed there was supposed to be new evidence.
Mr.Martineau eaid in this case 1t was just heArsay that thllre was new
eVidence;the language in the warning _8 just the same all the last time.
Mr.Ward said he came in talking about additional land fro.his father.
Mr.Martineau said an sttempt might be made to cOllle before the Board again.
Ths vote on this appea.l was four negative votes --the appeal ws denied.
The meeting was declared adjourned at 6100 p •••upon Ilotion by Mr.Fayette
and ssconded by Mr.Reed.
Clerk
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ZOliING BOARD OF ADJUSTMEllT
The South Burlington Zoning B9rd of AdJu.stlient held S public hearing
on Monday,Deceaber 1,1975,in the Conference Rooa,Municipal.Office.,
1175 Williston Hoed,
MEMBERS pREl'im
Richard Myette,ChairJUlnl Fr.,Ierick Fliyette,Jr.,Robert Martineeu,
J,Everett Reed
MEMBERS ABSENT
Alan Sylvester
OTHERS PRESENT
Richard liard,Zoning Adain1etratorl M,Pepin,R.Sprano,lIillia.Cbland,
Peter O'Malley,Richard R.Gue.t,Mike Quinn,E.Devid Cnne,Alfred
Pari:er
1.APPF.4L OF GERALD AND MUT PEPIN
Appeal of Gerald aDd Mary Pepin se.Una a variance from Section 11.00.
Di.en.ional Requir..ent.of the South ~rlift«toa Zoning Resblatlons.
Request is for peraission to construct a 16'x 25'a~ltion to within
fifteen (15)feet of the southerly .14.yard,at 60 Airport Parkway •
Mr.liard eald the el"vsUolI Slid plot plab had been gi.en to the lIeabers
of the Board.The area is Boned R-41 the lot invol.ed is a corner lot
wi th fronta«e on Airport Parkwa"and a sideyard r<h!.uirallnt of 30 r.et
on the .1de which 18 OIl lJIuaont Avenue.Therequeat ia to build an addition
to be within 15 feet of this sid.yard,the sddition to be 16'x 25'for
additional Uying SP.C8.
Mr.Pepin ea14 hie boUSe ie not hiS enoulfh.the kitchen 1stoo .uU to
eat in When they have cOlllpeAy.Kia plan is to turn the present Hv!lIg
rooa into a dining roOll.Hi.faaily coneista of hi.aelf.wife.'and one
child.
When aaked by Chaiman Myette if there was anything which wouldprevomt
puttill(l;the addition on to the rear of the house.Mr,Pepin'ealdthere is
a Bwi ..lngpool thera.ad
Asked by Mr.M*rtineau how long he had own hie ho.e,Mr;Pepin'replied
eight ,.re.Asked.if his ruily had .tayad.the ea.e,he replied it had.
Mr.Fayette asked Mr,Ward When the hou.e was bul1 t,or when tile lot wall
set off.
Mr,liard ...id he walS not sure wt the Dulllont aree was in the Jl1ddle 'SO'.,
Mr.Reed uked how it would Une up to the other houses on Dumont and
Mr,Ward explainad.the back yard of this housa happens to be on Henry
COIlrt.
Mr.Pepin was asked to describe in 1Il0re detail what he planned to do.
He explained by aeens of the drawing tha present 3ituation and his plane"
including the proposed relocation of hilS driveway.
There wae no further support and no opposition,
Mr,Reed Did visibility would be the only thing he was concerned about,•
ZONING BOARD OF ADJUSTMENT---p'ECEMBER 1,197 5
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The Board voted unanimously to gr&nt th18 variance with the stipulation
that the driveway llIu"t be relocated to the Il:ast side of the eJdsting
property,to the rear or the East side,
APPEAL OF RICHARD AND BRENDA SPRANO
Appeal of Richard snd Brenda spreno seeking a variance froll Seotion 11.00,
Dimensiolll.ll Requirpente of the South Burl1ngton Zoning aeguUtions,
Request is for permission to convert a single fallily dwelling into a two·
family dwelling on a lot containing 12,SOO squars feet.alBo requiring a
variance frOll Section 11,80,Dwelling un!t lltandardlll OAe unitwlll con·
tain 750 square feet,at 392 White Street.
Mr.Ward presented a drawing to the Board and _id the a:rea 18 zoned R-4
and two family dwelling are allowed,The single falllly structure was
granted a variance on June 3.1974,because of miniauDl lot frontage of
25 feet serving as a right-of-lIBy from White Strset,The requirement under
Section 11,80 is for 8SO square feet of area per unit and the proposed
new unit would contain 7SO square feet with the appellant's dwelling
containing approximately 1200 square feet,
Chairman Myette explained to Mr,Sprano the five baaic criteria which muat
be met before any variance can be given,and then asked Mr.Sprano to
explain to the Board why he wished to convert to a two family dwelling.
Mr.Sprano said it was primarily for personal income.His wife'is working
at present but in a year or ao would not be working and the extra income
would be needed.It would be difficult to pay taxes and make 'paYlllente
lI1thout extra incoae.
Mr,Sprafto indicated on the draWing the proposed arrangement for·the rooms
and how the tenant.would use the _in entrance to the house til'get up-
stairs,with a door at the foot of the atairs closing it off froll'the
owner'.area and another door st the top of the stairs.There wlluld be
two'bedrOoms over the garage.Asked about a second exit which i8 re~
qiJ.ired for an u~tairl\apit.rt.ment,Mr.Sprano indicated ol'1Itlldow Which goes
on'to the garase roof,also another Window which could be used:.
Mi,Martineau asked Mr.Sprano if in considering this addition,the apart-
IIIlll1t is a180 going into the existing building.
Mr.Sprano said that 1/8S right.
Mr,"'-rtineau said he wanted to know what the ares of thlllll\clle Il:partment
would be,lIS they would need 850 square feet.
Mr.Ward 8aid the existing building is 34'x 22'.
Mr~Sprano said the apartaent would not be resdyfor at least another two
1I0nths,
The BOard referred to the Minutea of June 3,1974,when the"O:t'1ginal
~r1ance was granted,
There'was no further support and no oppeai Uon,
Mr.Myette asked Mr"Sprano if thia \1&"separately deeded to hill,and
Mr.'sprano said it was,Asked if there was any more land available there,
Mr,Sprano said there lI&s land there and 1n future years he would expect
the rest of the land to be his.There 18 land adjacent to the side and
also in frant of hia house and on the west sidel it is f~ily owned
property.•
ZONING BOARD OF ADJUSTMENT DECEMBE!Ll ,1975
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The appeal I18S denied.The vote was two affirmative and two negative.
3.APPEAL OF JOHN JONES.ALFRED PARKER.AGENT
Appeal of John Jones.Alfred Parker,Agent seeking a variance frOB Section
11.15,Multiple Usee.SBction 8.10,Conditional USBS of the South
Burlin~ton Zoning Regulationa.Requeat ia for permisaion to operate a
U-haul trailer rental busines8 in conjunction with a car wash located at
1335 Shelburne Road.
Mr.Ward said the area i8 zoned BPD and prellently the lot 1a oocupied by
~bo·llallh.There is no provision for a truck or trailer rental busines.
in any district.The lot .i.e is 76'x 275·,a total of 20,900 square fe.t.
Mr.Wa~showed pictures to the Board showing the property·s condition,
He aaid Mr.Parker had done quite a bit of cleaning up and had extended
the area of gravel.
Mr.Ward dso stated Mr.Parker had gone ahead and BoVed his business in
without asking for a ....rianoe as he was unall8re of the zoning regulations.
Mr.Parker explained how he had lost the service stati",n he had operated
becaulSB thor OWftIlr had sold it,and Mr.Jones had said he could bring h1l5
trucks and trailers down there and oporrate out of hie property where Mr.
Jones parka his own equiplllent.He didn't know anything about a vanance
being neC88l!18ry until Mr.Ward CBllle down and told hi..He said he had
run the Alloco Station for 13 years and had operat,.d the extra truck and
trailer rental businell8 for about 3 :ree.rs and had to have a place to put
the equipment quickly,
Mr.Ward said Mr.Parker was a l1ttle upuet when he told him about the
zoning regulations,and he lIould say on Mr.Parker's lilehslf the area does
look very nice.
ChairlllBn Myette s"ked if this would be a petlRBl!\ent thin~.
Mr.Parker said it would I!\otl it is very inconvenient for hi.'to work out
of the very saa11 officel it ia only until he can get a aore donvanient
place to operate the 'busineas.This 16 only a place to operate until he
can find sOllething better.
David Crane froll Charlotte aaid he represented his father who 'owns that
land where the Ilobo Wash is.His father had no objection to Mr.Parker
bein~there,1t vas not Mr.Parker's fault,but Mr.Jones did not ..ke
hill father aware of any changes in the property.His father vas unhappy
that Mr.Jonea had not called him and told hill chan~e8 were beln~..de.
but he ..a not really against Mr.Parker being there.
ChaiI'IIBn Myette said he felt Mr.Parker was ill a oondition of extr8lle
hardship.and the Board could entertain a variance for six lIlonths and look
at it again.That would give Mr.Parker a per10d of tillle to find soaething
else.
Mr.Fayette suggest,.d it Ilight be illportant for the Board to just look at
the lIIult1ple usel 1t is an obvious service and is being carried on where
other bue1nesses exist.It 18 not Iluch different than a service station
and the Planning eo..ilision should look at it.
Mr.Parker Mid that ail<llonths would lllean the :first of June and tut 18 a
bad the for hill with schools closing,a very ooaytille.He asked that it
be July 1st instead to get hill past the IIchool business.•ZONING BOARD OF ADJUSTMENT ~llER 1.!2U
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Th"lloard veted unanuously to approve th"variance with the Btlpulation
that it b"a temporary variance ulltU July 1,1976.
Mr.Parker cOllllented he lIlght flnd a place and lIove long b.for"th~anyllll.y.
App-.l of Rlenard Guest and \lUllaa Cleland ate1ting a veri-ance frOll
Section 11,15.Multiple Uaea of the South Burlington Zoll1ng R~l.tiollll.
Requeet 1a for pera1ss1on to operate a.forul clothing rental 'blusine"a in
conjunction with a "ualc &hop loeated at 1174 \/illiston Road.
Mr.\lard r.aid the area 16 l1.Clned 2R District.The additional ,ule proposed
1B ...fOrlllal wear renta.l ehop to CCCllp7 748 aquare feet,the pr8JIent Iltlllic
center to occuP7 approxiutely 1050 aquare feet.1I1th both busineslSes
using the baadtlllt for storage.
Mr.Clelaad explained they cu.e in for a dual use for a generator ahop,
!Lad now were askill@;for a use fer a d:l.etri butorehip for Dlen's f0X'lll81 wer.
There would be a cOlllplet.inventory on the pr8llilses wi til.the oellar b"ing
used for storllo~e and preparation.,.
Mr.Peter O'Malley read 81~a tJPed preaeatation explaining the1r operation •
There would be no arehitecQual ohall@;8J1 to the exterior and only slight
..odlficaUon to the interior to allow ford1apla;r rlloCka.There would net
be the constant traffic flow of a retail ahop.They have four oUier outleta
1n operation.Mr.0'Halley add be plaM to locate here Ili.stllf,
He explained students would b.llI"asu~..u on ca.pus,el1mina.thg traffic in
and out of the ahop.MOllt of the bueine..18 even1ng businetl8and 1s 'Wllt],y
by appointllent.He felt 1t would be.uni/lue service to the area.
There waa no other support and no oppoaltiou.
The Board voted unanimously to approve thia reQue8t.
M1nut8a of November lZ,1975
It was moved.by Mr.Reed,seconded by Mr,,-,.ette,and voted LfllLn11lously
to accept the lUnut..of Nov_bet:17.11"...presented.
AP,PBlAL OF ARTHUR C.DAIGHAULT_
Th18 appeal 1188 heard on Nov_ber 17.1975,and tabled.Mi'.lllIigJl&ult -.s
to have provided addit1en-l 1nforution Ilhich has not been don••
Mr.Reed .ond tha t 1£Mr.Ward lJ!8 not b_td hell lotr.DailfrlllUl t bz
Dec_bel'1 til.the a •eal 11'111 be auto.ticd!denied.
Second Mr.7e e an vot lInallilMUaly.
Th"••,t1ng was declared adJourned at 6.0D p,••
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•STATE OF VERMONT
,COUNTY.OF CHITTENDEN
Findings of Fact
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Re:Appeal of Richw'd &BNnda Sprano
On the 1st day of December ,1975'the South Burling-
ton Zoning Board of Adjustment ~~denied the appeal
of -Richard and Erepda Spran~.392 Whitg Street,South
B]JrJ j n~"·ten J Vermont._________________________________________based on the following factsl
1)POA9 pot.meet criteria set forth under Section
4468 of tho Planning and Development Act.
3)Additional land is available to meet minimum
lot size regtiirement.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Dick Gu,<;t aTIC'"ill i2.ffi Chlrmd
On the 1st day of l)ecewl;er ,1975 .t¥:Mth Burling~
ton Zoning BOard of Adjustment approved ~~flftM'the appeal
of Dick GUE'St and ,,'illiam Cleland,1174 Wi11iston :ioad,
i30uth 3ul'Hnf,ton,V'I"
_______________based on the following facts:
1)d121 not alter character of neighborhood •
2)Proposed US"will yjot genel'ato ;~uch traffic .
3)Compatible use.
4)Confo::-ms with SccUon lt46E of the Planning and
))cvelopment ..\et.
ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings ot Fact
Re:Appeal ot Gerald &Mary p,~pin
On the 1st day ot December ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~the appeal
of .Gera]d 8:Hary Pepin.80 Airport Parkway,South
Eur11patop.Vermont
________________________-----based on the following facts:
1)With stipuip~ion:relocate driveway,will improve
visibili ty.
2)Will not alter essential character of the
neighborhood.
3)Conforms with Section 4 l l-6F of the Planning and
Development Act.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings ot Fact
Re:Appeal of Al Parker &JOhn Jones
On the 1st day of December ,1975 the South Burllng~
ton Zoning Board of Adjustment aPiroved &Ji6Cdmft8i1 the appeal
of Al Parker and John Jones,133 Shelburne Road.South
Burlington,Vermont
_____________________________based on the following factsl
1)Hardship involved,Mr.Parker's former building is
no longer avaj,lable.
2)No area within the City properlY zoned to allow
this type or use.
3)Conforms with Section 4 1+6P of the Planning and
Development Act.
4)
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ZONING BOARD OF ADJUSTMENT
The South Burlington Zonlng Board of Adju"tment held a publ1c hearlng on
Monday.Novelnber 17.1975.In the Conference RoOIi.MI.Ill1clpal Offlce••1175
Willlston ROII.d.
MlOOlERS PRIl'S!!!
I
Rlchard Myette,Chalraanl Frederick Fayette.J.Everett Reed.Han Sylveeter
MEMBERS AllUm
Robert MarUneall
•
ZONING BOAM'Or ADJUSTMENT NOV_Ell 17 •.1975
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Richard Ward,Zoning Adlllll1l1t.ratorl ChIIrlell BaUlll,B.A.VllnyIlsh.Ernellt D.
Glroux,Arthur C.IlaltJ(nault,S.R.Shener,Theresa D.Glroux
The 11I11etlng :wae called to order by the ChalrMan at 5.05 p •••
No.1 APPML OF ARTHUR C.DAIGNAULT
,
Appeal of Arthur C.Dalgnalllt.NllJlS Realty Corp.eeeking s variance from
Sectlon 1).40,Offlltre"t parklng and Loadlng (Table 1)of the South
Burlington Zoning Regulation".Requeet is for pe~ie.ion to .et.off a
parking area containing forty-four parking SpeCIIIl which is under the llIinUIuJI
required,also requiring conditional use epproval request for permission to
con8t1'Uct a )6'x 75'addiUon to be u"ed ae a wreholl"for II retail furni-
ture shop,at 1250 Shell:urne Road.
Mr.Wllrd eaid the property is preeently occupied by Valugll Sports and the
proposed uee is to convert it to a furll1 tllXe shop and warehouse.He gave
the Board a ;dra1l1ng of the property.They 1I0uld have 2880 sq.ft.per floor
II1th a warehollee of 2775 sq.ft.,and the perklng requlr_ent is for 60
spaClNI,of which they propese to ha'W'e 44.Part of the lot,2.5,SOO sq.ft.
is located in the BR District and 5,863 sq.ft.in the R-4 District,The
proposed aM.ition of a II&rehoulie )6'x 7.5'lIOuld be an acc_sory use under
SecUon 7.lill).
Mr.Dailhault dellcribed the intended use of the l:unding to be a furniture
store,ueinllS the existing part as a showrooll and th"addition in ~ck as a
wrehouse.He said the required parking IIOUld not be needed all they llould
ehare the eldsUng parking lIi th the SlIlssPot Reetaurant as 111 presently being
done.He 1I0uld prefer not to have as wch parking becauee a fumi ture store
dOINl not require 1 t.Six or eight epece"11&8 the ..x1IlUIll needed by Valllp,
they COllle and go.
Mr.Sylvestllr l"'lked Mr.Daignault if he lIOuld say ten llpece"lIOuld buble
to take care of his bluslll"t U ..e.and 1I0uld there be UII8I1 when SlIlsllPot
1I0uld need aore and wOIlld u"e 1l0lle of his IlpaCell.
Mr.Da.ignaul t lIll.id parking ill eaBier there eo Ilost of the cars are fro.
SlIlsePot.,
Chairlll8n My"ttle ssked Mr.lALignaul t if 1t IIll.II h1l:l opinlon that he collld 8Umve
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with the num'ber of parking spaces shown in the BR District and eliminate
the spaces ~t are shown in the R~4 District.
Mr.Daignault replied very definitely --they drew the parking in ,to try to
Illeet the rllq:uiruent.,
The Ch&iraan eaid the Beerd haa tried to be quite l1ben-l as parking rel8.tea
to the use df the property and he would agree that ..f\I~lture store
prolably would only have six or eight people in there at a time.He then
aaked Mr.Daignault to elaborate about the use of the wilding.is it a new
store coming into town.
Mr.Daignault B8.id it Will be a new furniture store,a full-line furniture
store,a general line furniture store.He said he didn't think there would
be appliancts,strictly furniture.He said he was not involved in it.
Chairman Myette ssked if aU of the warehouse lIQuld be used only to supply
the inventory for this particular IInit,and is it only one etory.
Mr.Daignault eaid thers ie ..b&s_ent there now and the client ill thinking
of using that for a showroom also.asked
The Ch&iraam said it would then be a two to one ratio and would the building
iteel£in structllrll be compatible and identical and an extension thex-eof of
the preeent,building.
MX'.Daignauit said that was x-ight.
There was nO further support.
When the ~iraan uked if there was any oppoei tion,Mr.Vanl'ush said the
little complex of weiness there is quite attractive from a business point
of view and,alflo from the point of view of the reaidentB.He l!IBid he has to
look at all this froll hie lackyard and he is not in favor of a warehoulI8
operation that would detract from the value of the residential neighborhood.
He would Ob~ect to haVing that Und of open-tion there.It warehouse open-tion
also introdllcefl noise from ite loading operations,thex-e would -.rtoR around,
etc.Route 7 18 quite heaVily endowed with wsinesses,With the squealing of
cars,and he was fearful this operation would be the .ae kind of thing,just
adding to the haaard already there.He said just reoently he visited the
loading dock of a retail furnUure establiebasnt and it wae quite lIIeS8Y.He
checked it ,three tillles since laet Monday and took a picture and it had not
changed co~eptuaUy.This proposed loading dock would be plec_at the rear
of the buill1ing and as he sees it he woald be looking at trash and cartons
blowing aro~nd.wooden <»:atee lIl1&flhed and lying around.This tlBs Slllarrassing
he l!IBid,froll his point of view as it would be 100 feet from hill lack porch.
MX'.Bau.ea1d he lived in the first house and there would be trucks parked
50 feet frQIII his porch.He said he has two fltrealls going ae:rosll hi_yardl
one terv.illllJtes at a culvert that the builders put in lIhen theybuilthb
houee to take the overflow,With the problSll being they never used a pip,e
that was l~rge enough to take the overnow.
Mr.Vanyueh said the perking lot would dUllp .ore water and Cive th8ll a nood-
ing P:r<lbljl also there would be a _now reaoval probl...Ofte,n anow ie just
d\1llped on djacent property snd he l!IBid he wouldn't allow that,A1M if the
parking 10 is put in,they would be losing so.e of their privaoy.People
would etart cutting across.Their property would lose its,vAluel people
COiling to look at it would not be pleased to see a Wllorehouae operation lIlO
C10lle and "e hoped the Board would oonaid.r those :pointa.
Mr.Balm flaid the extendon of the wilding would cOile wi thin 35 to ,l!9 feet
frolll the ~rner of hill lotI the parking lot wouldCllt coapletely aOrOesthe
end of his lot all the way.Witi'm that narrow area truckfl and care coaing in
to the war.,tloaee would be very annoying along with the otv.tes and boxee,
and would reduce the value of his property.,The snow piling up and dratnlng
off would be too great to drain what 1ls there now.
Chalrasn Myette asked the.to'cOile up'and show on"the plan where the drainage
problem lIlt Mr.BaWII said the drains can't take care of a heavy rain nOWI
there woullil be bad trouble."
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I
ZONING BOARD!OF ADJUSTMENT
,._:JIIIIIiIIIo.._.
NO~17,1975
,
,
ZONING BOAM OF ADJUSTMFJIT NOV!iN'ER 17,1975
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Mr.Baum add they understood when they took the house that the zone for
retail bu81hess was JOO feet back,therefore they expected the area to stay
about "status quo."
The Chaimap said it has r8llllined that way,the lines have not changed.They
are asking to go into the residential area for the parking area.
Mr.Sy1vest"r allked hOIf long Mr.BaUil had had h1ll houlle,and he replied three
years in February.Asked by Mr.Sylvester 11'Valudga Sports had been built
when he purChalled his hOlle,Mr.BaWl said that was right,the area was just
the way it 101 now.
Mr.Daignault said they had hoped not to have to go on that lot for parking,
would prefer not to,they don't want to.As far as the building goes,they
Would be satisfied With 50 feet instead of 75 feet back.
Mr.Vanush asked if this Ifere to be approved if there would be some sort of
buffer zone providsd where it bounds on the private residential property.
The Chairmall said ecreening 1e required.they could require six foot screening
across the outside peraeter of the lot.This is generally cedarll,8 to 10
feet high•.This can be reqUired and would be put on the cOllaercial property.
Mr.Shefler,of SwissPot raised the question of room for trailer trucks to
turn around.The parking area was planned for private car use and it lialS
agreed to use both aides of the middle drivellBy and he II&S concerned about a
trailer truck blocking all acceSIJ to the area,particularly when ths restaurant
door is in the back.He said he did not have the experti8e to know about the
:r:adiu6 required for turning and how lIIUch parking area would.be taken for load·
ing and unleilading...
Mr.Sheflerls second concern 1I8S with the architecture of the building.
Mr.Daignault said it would be the same roof line.
Mr.Shefler asked if there would be no alteration in the height of the
building.
Mr.Daignualt explained about the ground floor,saying it wouldn't affect the
height of the building.
The Chairman said it would Ilean going up J or 4 steps to get to the addition
but with th,other you would go right in off the ground floor.Thil';Ifould be
taken into oonsideration •
.Mr.Shetler.said SWissPot has a patio and people enjoy it,
H16 next concern 1I8S With parking,saying they hlld been in thst location for
three years and enjoying a 30%increase each year.and the existing parking
facilities are still adequate,but in the event of this new OusinelSlS being
successful _hat would be the future possibilitiee of additional parking,IJhould
it be required to service both cOllllllercial propertie8.They have 500 feet going
ilp there but Mr.Daignault hlld exprll8sed he would not like to sea parking out
there unleSel it liaS treated architecturally.1rIhat would this be.becauele this
iel the only·direction future expansion could go.
The Chairman said the Board has to take the property rightel that go in the
bulliness district and also the rights of the residential district.
Mr.Sheflerll8id at peak hours they do encroach on Art's propmy now,but if
they were to continue to be successful and the adjsOlklt new bltsineslS would be
successful,in tlfo or three years there eould be need for additionsl parking
whioh there Illay not be a need for at this time.
ChairlllSn My'lltte said the Board would probably table the request because there
are too manY questions to be answered and they would nnt to make a personal
inspection of the property and the proposed loading dock location.He aeked
Mr.Ward to arrange a lIeeting between the Board and Mr.Daignault and any other
interested persons,and also to contact aOMeone with expertise on how tractor
trailers operate and park.
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ZONING BOARD OF ADJUSTMENT NOVEl'lBEll 17.1975
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Mr.Vanyush ,asked that he and Mr.BaUIII 'be notified of this ill8pection and
the Chairmart said they would 'be,that it would probably take place SOlie noon.
The Board a!Feed to table th1a requsst.
No.2.~ALIN;B;QlitQ!lA
i
Appeal of Aline Giroux seeking &variance froa Section 11.00,Dimeasional
Requirement.of the South Burlington Zoning Regulations.Request is for
perabs10n to construct a sara!e 22'x 24'to w1thin J feet of the rear yard
line and 5 feet of the southerly side line,at 265 Hinubu.rg Road.
Mr.Ward gave the Board a sketch of the property.He said the area is
zoned R-4.'The existing garage 18 19'x 22'and a variance was granted
on Ootober 6,1975,to recOll8truct this garage.The proposal now is to
uke ita tllo-cal'sarage,Mr.Ward sholledpictures of the present structul'e
which is in ,bad condition.
Mr.Ernest qiroux said his daughter owns the property and he felt he II1ght
8S well build a two-oar garage for her.He lIould 11ke to have the property
look better.
Mr.Wai'd explainlld they come in off froa Sunset Av,enue.
The Chainert coJllllentlld the garage wae built lIany years before the zoning
ordinance was adopted.
The ~rd voted unanimously to approve this l'equest.
Minutes of September 8,1975
Action on the Minutes of September 8,1975,was deferred becauee of the
absence of Mr.Martineau,but for the record it was noted that 1
The Minutee of September 8,1975,were dllIoussed and because of the
circuastences that developed during the aeeting it was lIIpoasib1e for
the secretary to record prec1aely the e.ct conversations which took
place.
Minutes of I!"ovuber 3,1975
It wae aoved by Mr.Reed and secondlld by Mr,Sy1veeter that the Minutes
of November 3.1975.be accepted as presented,
The meeting was declared adjourned at 5145 p.a.following a motion by
Mr.RUd snd seconded by Mr.Fayette •
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STATE OF VERMONT
COUNTY OF CHITTENDEN
F1ndings of Fact
Re I Appeal of--:,A;,;l:.;;i;;;no,;;,e...;.Gi;;;.;r;..o;.;ux=-_
On the 17th day of November ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~the appeal
of Aline Giroux,265 Hinesburg Hoad.South Burlington,
Vermont______________________________based on the following factsl
1)Represents the minimum variance allowed to afford
relief.
2)'vlill not encroach on side and rear yard any
greater than presently exists.
3)Conforms with Section 4468 of the Vermont Planning
and Development Act;
4-)
ZONING BOARD OF ADJUSTMENT
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The South Burlington Zoning BoaX'd of Adjustllent hald a publie h ..;r1ng on
Monday,Nov8ll'ber 3,1975,in the Conferenca ROOII,Municipal Offlces,1175
Wl11l$ton Road.•
ZONING BOA aD 9'ADJUS'i'MlilNT
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NOVWiB 3.1975
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MDlBERS'PRlI2M
Richard Myeth,Chaimanl Frederick Fayette (arrived lah)Robert Martineau,
J.Everett Re~,Alan Sylvester
~ERS ABSEN'£
None
CY1'HElIS PRlI2ENT
Riehard Ward,~on:l.ng Adllin:Latratorl Mr.and Mrs.Henry Bradbury,Mr.and Hra.
Charl"F.Canf\ee,Bernard Starr.Ron Lapointe,Henry Qllinn
The lIeeting ws opened by ChaiZ'Qn Myette at 5,00 p •••
K:l.nut,!S of Qetkber 6.19?~
It waa llIoved bf Mr.Reed and seconded by Mr.Sylvester that the Minutes of
October 6,197~,be accepted ntl~t.s.U_~clarification to be added to page 6.
APPEAh Of BEJlN!l!D &:VIRGlNlA STA!Ul.JR.
Appeal of Bernard '"Virginia starr,Jr.,seeking a varianoe fro.Section 6.00,
PerIlitt.."Ue ..of the South Burl:l.ngton Zoning Regulations.Requ ..t is for
p«raisaion to ~netruct a three·faaily dwelling unit (.'58'6 M .X.28'OM)on a lot
oontaining 23,)12 -.quarefeet,preaently occupied by a fourf'ully dwelling
unit,which b non·oonforaing to the regulations,located at 147}o1475
Wlll:l.ston Road,
JIIr.liard said the enating dwelling 'IIOuld reuin,oontrary to nt .isht be
interpreted,He indicated on a dranng the location of tile prea.t fou~
apartaent unlt ',faolng W:l.llbton Roed.The propo.ed new threauni.t,apartllent
structura 'IIOuld to the rear of it,alao faeing liill:Laton Road,fie indicated
the elevation 4rawing of the prOPCIll""atruetura.",'"
Mr,liard aaid 1l1e ar..:La zoned R·4-with p«raitted u...for ona and t'110 fa.:I.1y
dWell:l.nglll only~The foul'"'llnit bu:l.1d1ng illl non w oonfora1ng.The proPOllled
'bu:l.1dlng wouldba a raised ranch type,two IIlton...He aaid he had just
received a flollr plan.The lot die 1a 23,312 squara feet,
Hr.Starr explM,ined 1I:1.e propolllBl,"ring the apartllenta would be fourwroo.
llJl1ta with two Ibedrooae and one and a 1la1£baths each.Froa .ths enUanee Olle
would go down ~our ateplll to grouftd leval,with bedrooalll alld bath upata1n.
There would be lparking for aia.wra in £rollt of the building.Tha exterior
:would be e1thazi a dark stai.ft""6r:l.oktront or aephslt 81ding.
AlIlked by the Clla1ru.n what the ..uare footage of each un1t would be,Mr.Starr
..id he d1dn't,know.
Cha1run Myett~etated that the ail11_requil'ellent per dwtlll:l.ng ul11t :I.e JOO
aquar.feet.
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!OlCING BOARD at ADJUSTMENT
The Qla1X11ll1n then aeked Mr.Starr 11 he bought the pr..ently ex1l1tiD(four--
unit bUlld1ng as 18,and !'I:r.Starr repl1ed he did.
Asked by the ctla1raan what the .quare footage per unit n.in that w.lld1.llg.
Mr.starr lI&1d he had no idea.
Aeked 1£he knew whether it .eet.the standards Or not.Mr.Starr ..1d he
thought 1t 1.&..11 ttle .-11er than the propoeed new unit.,bUt he dU not know
the actual eqU\are footage.
Mr.Sylvllllter ,..Ited 1.f the lloaZ'd vas d1acuss1ng the uee variance.
Mr.Ward repl1ed the requellt ne fo:r:a u.e 'larlallce.
Cbai_1I Myette aaked if the new unite would be IIIIte:r:ed froa Hayden Parkny.
!'I:r.starr said,e1.the:r vay.
M:r:.Sylveste:r:asked if there are any other structu:r:es in that glll1eral ar.vith
lI01'e than two Unlte.
M:r:.Ward said there 1a II four--plex dllll1l on Wl111etllnRoad,noth1.D(IIlIre than
fllu.:r:.
Chalraan Myette :referred til the crlterta the !loa:r:d lIuet fll11ow,particularly
the crtterla qonoe:r:n1ng hardship.
Kr.starr said:he felt this vas a very la:r:e:e lilt and because he na paying
taxea 011 the liand he thought he would t:r:y to put the lot to all:r:e use.l'bere s..
plenty of :r:'lt0ll and plenty of epace for parldng,
Mr.Myette aslted if he l1ved on that part1C1.1lar site h1lR11elf.
Mr.sta=repl1ed he did not.
Kr.Sylveaterallked if,where this lIould be allolled,the :r:equ1r_ent would be
Olle acre fo:r:llevllll units,and Mr.ward said it 1I&S correct.
Mr.Sylveste:r:iasked what the aoreage 1ls for four un1 ta.
Mn.Wa:r:d lSB1d the ord1llB11ce doelln't have any four-ullit ueeSI the a1n1au11 lot
sble is for a I duplex,then it juaps to R-?.
Kr.Syl"esterasked if the Board was considering conditional uses or straight
vsrlanCe.Mr.Ward 1181d it was a uee vsrlanCe.
M:r:.candee .sked how they lIer_planning to hast the bUilding.
Mr.Starr 11814 eleot.ric hast.
Mr.Bn.dbll:r:y "1d he 11Vllll in back of this building on Hayden Park..y and he
fel tit vas a:C08ere1al "ent'll:r:_on a :r:es1dential .treet.which he thought.1I8S
unnecesaa:r:y.:They are not.an apartJaent.a:r:ea.li:Ve:r:yt.P1ng else ls a1ne:le houses.
Mrs.candee quest.loned where chlld:r:en could play if oh1ld:r:en were liVing t.here.
Kr.Starr aa1d t.h_:r:e are no children ,.et.in the exiaUng bglld1ng.He would
like to rent.to single persons o:r:..med couples,worldDg couplee.
Mr.Bn.dbu:r:y .bjecte4 that it 1I1g1lt be sold to sOlleone elae who would rent to
f&a1l1ea vith,oh11dren.
Mr.Martineau,aaked 1'I:r.In.4bUry 1£he wOuld collll1dU'a 41lplex to be a COII-
.U'cal v..ture.
Kr.BftdbU:r:y said 1£it.liaS a duplex and the ownU'l1ved in it,that.would .e
different,bill whell the owner 11"..out of town,it 115 a couerc1al vllllture.
It 1$11ke a iaotel.
Kr.Stan adll.it 1In't.on Hayden Parkway.it is on Wll11stoll Road.
M1',Bradbg:r:;r ..1d they ell uae the road 011 Ha,.den Pa:r:k1f&Y I1llW.The property
line 1.ten ~eet f:rca hi.property line.
Mr.Fayette $1d he would abstain f:roa YOUng on t.h1s appeal because he was
not pr.ent flpr the entire preeentation.
The Board YO~ed 4 til 0 to dllllY thla appeal.
Cha1rMall Myette explained to Mr.Stan that the Board doean't.have lIuch d1.-
c:r:etiona:r:y pOwer and pve hill a copy of the criteria the Boa:r:d lIuet aeet
before a va:rfance CBlI be juatif1ed.
Appeal of Nathaniel and Millioent Laah seaking·a variance froa Seotion 11.00,
Diaene10nal RequireaentEi of the South Burlington Zonill8 ReguLations.Request
ie for perJlllsion to construct an addition to a Ihowrooa 15'x 100'to within
six (6)feet of the southerly property line and a 15'x 54'addition to a
sto:re.ge area to within three 0>feet of the southerly property 11ne,proposed
addi tiona and,existing hl1ldinc will total a square footage in exc..s of the
JlIlrlAlIII lot cOverage allowed.at the Town '"Country hm1tu:re Shop,1515
ShelwrJle Road,
I
ZONING BOARD OF .DJUSTME!lT
.FPEAL OF ~'11l.INIEL AND MILLICENT LASH
NOVEMB!l:R J,19]5
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Mr.Ward,su'taitt.ing a sket.ch to the :Boerd,8&ld this request waa sulai tt.ed
in JUly.The,ex1st.ing hl1ldlng ls 16,580 sqllare feet.1ilblch ls already over
tbe 30%and the proposed addltion of 2,430 square feet lilOUld _ke a total of
19,010 Elquare flet or 48";lot coverage.The fide yard requir_BIIt t.)G feet.
and the propoeed addltion to the Ihowrooa lilOu1d be 6 feet.fro.the side yard
and tbe proposed addition to the warehouse would be 3 fe"t fro-the sld"yard.
Mr.Sylvester asked if they were conelderiD«three separate variancn.
Mr.liard sa1d there were two different ddl yards,and the lot coverage,
This request has 1I0ved f'roII 0 to 3 f"et,and froa 1 to 6,froll the previous
request..a1ll0st
Mr.Henry Q1:tnn,repr.,..t1ng JIlr.Lash,sald it .s/a hardahlp.The wslness
has gone beyClnd their expectatiol1l and they ars forced t.o have 1I0re room to do
the businHs they are presently doing.
lllai%ll&n Kye'te asked if the appeal ls alaost hardship.
JIlr.Q1.inn sdd yea.
Q1ai1'llll.n Mye~te explained the Board has to lnterpret the hardshlp,and ssked
lf it was critical to the operatlon of the business.Without this additional
spacs would the busi»..s be subatantially affected.
Mr.Q1.inn elQllained they allocate a certain allount of epaol for each type of
co..odit.y.:!ledding ehould be 15"of the voluae and theirs iEi only s,,;becauss
there 1s just not rooa BIIOugb without takilll so.ethins out,so it beoo.es a
hardship because lilbatever they are taking out beoOllM a hardship because 1 t
is not baing MOwn,
Mr,Martineau asked h01l long they bad 'olen there,and Mr.~ilUl sald six Dr
seven ,.eart.,~
Mr.Martineav.asked if lIle would say buaines.bas been quite good,and _1.
hae changed b tarae of the requireaents n01l.
Mr.Q111U1 sa1d they an inth.yery top 'bX'aoket:1Jl quality.Ther cen o~der
a euite froa,one aall\tfaetul!e and get it ln threl 1Ieeka,&lid froa anothlr
....nufactu~er aDd 1'101.,et 11."fore eight lIonths.The Y&r1ation ln delivery
f'na different factories i&tr_andoue so it is ftecauary for thea to anti·
cipate their I'IHds,snd sll of a sudd.they get.duaped with a uss of .ar·
chandiae and no place to put it.501et1ll1lll lIerchandise is not 1I0Ved off the
floor.Nobody vants to staQd .til1.
Mr,Martineau asked if they fteeded display ~00l 1I0ri than sto:re.ge.
Mr.~ilUl 8&id if it CUle to that criticel point he would 8&y ye••
There 1.an :attituda today II1th the oasEi of peop1.WO trade Il1th thea,they
bave tbe 1101"181'and don{t want the1:r ••rchand1••slx JIIonths froll now.
The ChaiJ:ll&D a"ked if they couldn't find an off·site warehouse sOllellbera.
Mr.Q1inn Mid they could live without thl ..rebou"e lf 11.were critice1.
Mr.foIartineau _id he apprlc:1ated thllr ne-.:i hlt it ..s so flagrant in thl
lot CXlVe:re.ge.'lbat by i taelf ahou1d 'bs)O%.The request woulcl bave to be
justified.Unl8llS there 1s evidence the busi»...is going to olos.unle8ll
you bav.it.
Mr~Quillll _~d the whole thing was that.the nelf add1t.ion would btl strieUy
for bedroolll f'urnit.ur.,a$it ill 1l0W thq have--gotprobably 2S'x 30'whieb is
rI'Iotall6\llar lmieh 1a not.good,a long narrow 011.would btl ilium b.t.t\'lt'.
Mr.Sylvllllt.et.asked if in s busilless of this nature l~of the businesll should
be allotted to bedding,did th.y sntioipate this when thay built the original
structure.
Mr.Q.uiml -J.d he had llothing to do with the preullt strueture when it was
built.,
l'Ir.SylvellteJ;:,_id as he underetood the presentation,Mr.lash should have
attributed 1.of his business to the bedding aspect lIix or seven ;years ago,
Is that staftliare,he asked,
Mr.Quinn lI&J.d it.wall 1I0r.or lUll standard,
l'Ir.Sylveet.o¢allked if it.1fQUld take a oertain .lIount.offioor space to
genen,t.e that auch percelltage,
l'Ir.Quinn .xl;llainl'ld bedding take.a lot.of rooa.You oen't slIcoeesfulf have
one 11ne of bedding,;you have t.o have two or three.Mattresse'and spdllls
take up a lot of space.
Mr.S;ylv8ster aakl'ld JIIr,Quillll if he would aaree that thet was known to Ifr.Lash
lIix or seven years ago,lIlIying t.hat.the crit.eria is that the hardship has not
been orest.ed:by Mr,Lash.
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iONI}fG BOARRi OF ADJU.!iTMENT NOVlillBF!!3,197 5
,
There was 110'further support and no opposition.
The Bosrd voted unanillously t.o deny thie appeal,
APP1f4l.OF JoS@ "aWE 1JIPOINTIi!
lIppesl of J~eph "Roee Lapointe seeking a variance fro.Section 11,00,
Di.ensional 1lequir8llentll of the South ~rUilgton Zoning R88Ulat.ions.Request
111 for peX'lUlIlIion to COll8truct a 14'x 22'attamed prise ,to within ten (10)
feet of the lil&lIterly side ;yard at 34 Baldwin Avenue.
Mr,Ware sai~the proposed garage >1111 not be attached but will be close to
the house,'l'he area ill Boned R-4 nth .ide yard requir"e!lt of 15 feet.
The structurp proposed 1fQUld be single car,14'x 22',ten feet.froa the line.
'Dle lot i$70'x 108'and wa..aet off in 1956.TltebOll"itself ill ten feet
froa the 1111it and the neighboring bouse ill alao tell feet troll the line.
Cbaixnan Myett.e eaid 10'.eets the requirement.at t.he t1lle the lot wall set
off and Mr,~ard agreed,that it did.
Mrs.lapoint:explainad her husband is co.pletelY dlsablad.She !lust leave for
work at quarter to five in the Ilorning,anow reaoval in the winwr il/l a p¥'Ob-
llllll and if aile locsted the garage differently IIhe would have all ugh in the
drivewa;y and:would probably get stuok tryiill!;to get out.She-said the garage
would be eovjtred with alUlllinUII,aiding the sa.e al the houlle.She had talked
nth the neighbor next door and she had no objection.
Mr.Sylvest.er eaid this se.ed to be a perfeet illlastz.tioll of the nee.slIity
for havins zllning boards grant varianct18 because of hard.tlip.
Mr.~ette said she was within the original zonilll anyway,and Mr.Sylvester
added the ~rd liaS grBnting what she was enUtlad to,
!l'be Board voted unanillously to approve this appeal.
Minutes of ot:tober 20,1975
It was IIOVed by Mr,Sylvester and secollded b;y JIlr.Reed and voted uII&nillousl;y to
acce,pt the 19.nut88 of OOtober 20,,1975.
It.was aoved:by Mr.Martineau and seconded b;y JIIr.Fayette that the II8sting
be adjourned~The lIeeting liaS adjOU~,~~Z':~
,Clerk
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Bernard Starr!Jr.
•
On the 3rd day of November
ton Zoning Board of Adjustment
of .J 4 -4
Bllrliprtop.vermont
,1975 the South Burling-
~denied the appeal
Wi Ii ton Road South
______________~based on the following factsl
1)No extreme hardship evident.
2)Peasonable use could be otherwise achieved.
3)
4)
Does not conform with
and Development Act~
Section 4468 or
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the Planning
ZONING BOARD OF ADJUSTMENT
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~I.STATE OF VERMONT
COUNTY OF CHITTENDEN
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Findings of Fact
Re:Appeal of Town &Country Furniture Shop
On the 3rd day of November,1975 the South Burling-
ton Zoning Board of Adjustment ~~denied the appeal
of Town &Country Furniture Shop.15'l'5 Shelburne Hoad.
Spllth Ell!];tpgtQD.Vermopt.--....bas~d on the following facts:
•
1)Lot coverage already exceeds minimum coverage allowed
by a §ubstantial amount.
2)_Warehousing could be provided for at a different
location.
3)Does not conform with Section 4468 of the Planning
and Development Act~
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
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Findings of Fact
Re:Appeal of Joseph &Rose Lapointe
facts:
1)
On the 3rd day of .November ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~the appeal
of :Joseph &Rose Lapointe.34 Baldwin Avenue,South
B1Jr,ipgtop,Vermont
_____________________________based on the following
Extreme hardship exhibited by appellant.
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2)Plan for garage conforms to side yard requi.rement
of zoning ordinance prior to 1974.
3)Conforms with Section 4468 of the Planning and
Development Act.
4)
ZONING BOARD OF ,·ADJUSTMENT
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!t'*IHG pgjRD QF AIlJUSTMq!ocrOBER 20,1975
•
The South Bur:j.1»gtoD ZODiJIB Board of Adjuat..at held a p\lbl1c hlllldq on
Monday,Octob~r 20,197.5.ill.the COnferenoe Roo.,Munlclpal Offlce Bulld1llC.
117'Willl.tcr ao-d.
IRichardMyettie,Chal1'MlIl Frededek Fayette,Jr..J.lYerett aeed,Alall
Sylneter .
Robert Martlneau
0I'II!!j!!§p@wm
Mchan ward!Zoll1q AdainiBtfttorl !avld Lupo.Peter Sohia••Shirl.,
Jhilli,..loiNrt PbllU;pe.,Martin Paulsen,Charlea J.Hub_rd,Peter JlI.qe,
Melro..INffj <.barles Dlah.Paul Spfaylhen
,
The aeetin6 .a op._b1 the Chalxun at ,.00 p •••
/JlfBItt Of RQPRT MPUS
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Applllll of Ro~ert M1lll1pa lI8tk1na a wriallee,froa Sect101t 11.00.Dlaeaa10ul
Requ1r..ent_1 Clf the 80uUl Burlington Zoll1q R.lat1Cl~.Bet.est ie for
pUlllnlon tp OODlltnct a,aillsle famly c1well1n!lf1th attached sanose to
If1 th1n thlr~-etx (36)feet of the reqlllred front yard and.thlneell and.Bile-
balt (13;')fleet of tile eOtltberly alld Ilorlberly aide yarde"at 220 Spear Street,
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Pres..t1ns ~eketch to the Board,Mr."'ard etated the arae is R-4 Diatrict,
the lot _111:41 le 75 x 100,the I'equlr••ta would be 15 feet a1deya:rd.and 75
feet aet.cl!.The prope"l 1&to center the bou...011 the lot and._1.tain
the exiatiat aetback••
!fr.Phillip...ld it wae hie underatandlq that the r.l..t1o~call for 75
feet aetbao.end.15 feet alde ,erd end.in orier to put a hOllae then If1 til
th..e eetbaJka would ••n a 45 foot wlde houae.A 75 f,9Ot IlIItback wouldll't
really tlt II nth the other hoa.a 011 the "II.••tl'e.t.To be conatruchd 1ft
keepin6 wl the lle1gtlbortlll houaea 1 t eould be 11l the ....Une.He Mid
they pl'OpnOd an L-eba)ed %&110.11.Aaked aboUt other lIt lote,he ..id
there ill onlt acre up the str'et,paat aeveral houa .
CbalD&n M1jlltte ..ld the.7"f90t eetback i.pl'obably out of 11ne.but the
eld.11ne aelt_eke could be·.iOQnfor-ill6 nth a dlUer.t ehe alld style of
bou.e.:
Mr.Pblll1P/1 ..id be tried to stick to the lj,S fOC,tl1Jl!"tbllt 1.t .....difflC1l1t
to do all)'th~ns Mort of puttilll a :n.ll:road flat tneof hou..,and.h •••
",lIeeting ill fe.t eaob as.d.to fit with the plan h.found.He dneribed
..hou ..a~an L-ehaped :ralleh,'bedrooM to the rear:l'1lhthaJld aide.livin!
I'ooa alao tic tne r.r,leftlland eide,,p~.P1'Otnlilq tenrd the-frollt.
Tbe.drivawaiJ would be a olrolllar IIIIt:rallee or perha.p.SO directly in.Would
be a on~e-ory house.
The Cha1 n aaked if there ••any further ••ppOl't or &Il1 llJIPOel tb••
Mr.Mal'till PaUlsen,••ked if 1t lfOUld be ill 11D8 'IIi th the other two houae.and
was told i would be.He thlll ..ld the residents of lilIIet Terrace would
--
.upport \bill r~lI..t lIecallae it Idll .1ntalll the obaRoter of the
n-.18hborbood.•
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ZOJiIHG BOARD oJ ADJUSTlli1ft'9g'fOBiIi 20,1 rl5
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"PfEAL OF I1V"TORS 9O~TI01f or VEllMOIIT,Pil'EJ!JUg
App..l of Iav"ton Corporatioa of VU-Dllt.hter Jud••,•••.kias a·_nanc.
freia S.ctlo11 ".00.PeraltW UB"of tI:I.South Burl1n«ttlll ZtIII1as aeplaUou,
1I"'1.II.at,18 tot p~..lon to coutruct a _reboil..coatalnins 4000 .quar.
t.et and an out,ald.ato:re.,;.are&eontainins 10,000 8q1l&r.t.et,at lrt05
Airport Pan_"
M1:.liard locateel ttl.ae1pborins prop.rt1e'to U1.lot Was couldered,
1I.1as •,k.t*of th.ar...H._id thau,.wwld 'be ,cutftotor',are--
bOll"aad atl 'outaU.auta••ar.,tb.ua.18 Mt all••ed ill th.Airport.
1Il4l1atr1al Zan..Th.lot 1._er aheel 1IIlt la .Uo_ble lUIlier th."s:ralld..
t.tker olau••,M Th.prope_l 18 tor ••te.1 .1141..of lI..OOO aquaI"fe.t,
>11th 10.000 ....re teet of'OIIte:t.de ston-•••
Mr.Judg.Aid th.,_llt,•lIae wblob 1e \laale11 .im.lar to what exl,ta
there 8ow.Th.,plall to .it.iIle wUdi..ao it wOllld )10"Pet of tile
outeid••to~••1.\laok.Tb1.woulll 'be tor co.,tl'llctloll uter1Bl..Would
De tor the1r 011II operatio...80t eal...Th.,.1gbt p'-"HIlt out a ..11
,anlon of the ar...
Th.llla1nall a.ked 1f a _l'llboII"1•••appnpri.et.....fe the Airport
Im\utrial zon....
Mr.ward r~l1ed tl'lers ar••011.-.r.aou••a ati>o~t th.,.are pred.~_.tlJ
dl,pla,.type.airport.ori.nted II....
Cbal_MJ,tt,...1d thi.1&••abO\lld bav,been allow.,it 1.011.of th.
ovenigbt".
There _.110 filrtber aUPJlOrt aDd.no oppO.1 tiOI1>
Th.lloard vot.ed \UlB1l1a0ll81,to approve t.lJ1a reque.t.
APP~L Op:lQ;19PO"!!'6bL OF JIBQVAI!'S WITlfg3S.!lAnD WPO
",,_lot nncdlJll Hall at Jello\'&h'a WitA......David Lupo.Praa1d.t.....1ns
a vananoa.hoa SBctl0tl'.eo.PeralUed Uaea of the SOIltll llurl1qtoll Zoal..
illgUlat101la.Ji"'l.u.t 1.for p~.alo11 to con.tnct a 48'x 100'piQlIUa
\iQl1dllll,al.o .reqllirlq a val'Une.froa seotiOll 11.00.D1aBllBio..1 1'I..-.u.~
••ta,p..balo.to llOuUuot •24'X 18'..tn-nc.caM"...1d.tbiall"".evetl
(II')f.at.9£the reqllired frOIIt yard.OIl lot Xe.15 en.Monta1.Drive•.
,
Hr.ward .".tb.~a .ketch,and al.o 1Ild1_U*:__lo_tio.of lot #15
011 a .p of eraeJl Haaau,1.Drive d1apla,.lIdu tat iIIrIU'.H...14 ttl.ar.1Il
soned BPDDiBft10t alld.ohuroh.an lICIt allowedl tlIq are colld1t.loaal u...i.
R..1d.t1.ll1 m..tncta.Tb.lot ab•••ppnxi.....1'6,,8IlO a,uar.t ••t,1&111
COaf01WBllqe.Th.IFD ••t.ok r"'l.u1~allt 11 15 t.at,til.'~JO.ed ..t:re.no.
canopy 1ICIIi1d be 57 t ..t froa front property 11...The pnpoaed bu1ldlll8
would b.,.800 aquar.f ••t.
Mr.Lupo i.d1cat,ed 011 tlI.plot plan th.100llt101l.of th.....mlle.cellOW to
prot,.ct,PIIOPle eatedns the peopl••and ..1d they Il&llbd to allow for 8uf*
flc1.nt.pjl.r"q at the 'baok.They felt th.10cet1011 and \laCkp'ound would
lle conduolve to tne t7Pe of bulldlll8 tney p,nlpQ."OIle of tne varlanoe•
requ..ted 111 f88f.1'ding tn.u.,.a church rather than.a COMerc1al bulldill8.
Ctur.ltl1anHyette a.ked Mr.:Lo)lO 1f they bad looked at other loeatlou.
Mr.Lopo repUed tn,y ball looked at at l ••t tllO dosea 10eat1ou.Tb1l is
the Boat conv_lot leoat1on fer people coaill8 froB Colchuter.Grand I.le.
Essex,a bUildlng nar the interstate 1a b..t sliited to everyo.e because it
1.800...1111.frQa each co..uDity.
The Ctur.lru.a Ithen asked Mr.Lopo if he liAS a1l8re when he eb088 the lot that
thl.pllrtlQUJ,&r ....1s not allowed tlader tne .oDiIl8 rlllll.llat1ons.
Mr.Lopo ..1d they were a.re that lt ....QOIIJIarc1ally zoned,but they wO'e
info~ed it was collUngant tlpoll the Z.ning 1Ioard'.approval and tr.lfatlonal
Life.
Mr.Myette ..111 the te11lle of OOIlpBtib1l1t)'are rather strict in the covenaJlt.
Mr.Reed said he felt the us,variance would be ok but IlOt the.et_ck.
The ChalrMn ..ld 1t is a brand new distrlct here.created to be OlPlpatible
with llIu:tro\lndiq liS"and also w1th the int8llt of the .0nlZ11 of the-area.
He ..id he 1I0lild be a little surpri.ed if Jlational Ufe wblch has gone to a
gr.t d.l of trcIu1lle to r_d into the cov_at tbat .,.erytbiJJ«1nUlat-·ara
be OOIlpatible ln u.se wuld approve tble.He couldn't ...that an .atoJlobile
s,enoy and a re.tauraat aad contraotor's bu.ildlJJ«are all COIlpatible II....
It 1$contrary to the way the town bae been go1ag,Mo.t of the churdl..
88..to lle located out ill the Spear StJ:'eet,Swift,Sueet.Dor.et Street ara.
Mr.Jl'Lyette i ...ld he would COMent along the saae line.,aDd he ....conoern"·
that a use 1i1g1lt oo.e in at a future ti••whlch wou1.d be 1a no 1181 cOIIpIltible
nth what walll requuted here.Hs told JIIr.Lope the 1Ioaxd would have ao way of
protecting th8111 in .uch a OUe.
JIIr.Lopo "id hs felt there was slIffic1ant proteotioll ill the covenant itaelf•
The probl..-,of Spar Str"et alld Dorast Street 10(l8tlol18.he 8aid,was th.
probl.of ..tar and aewerage,where all on the propoeed lot 1I8tO'and the
.ewer are right there.
Charlea Diggle of H10kok and Boardun ...1d he had a copy of the covenant
which 1e p~letty ".gue exoept for architeotural control and landec:apll16.
lfational Life haa no obj.otioll to the USIll of the lot blat they intCllld to
sell the r_lning lotlll for BP!l u....He 881d Jord10 Fordalllio own.thoee
uaQevelopacli lota in the r.r.
There waa 110 other support and no oppoa1 tillll.
Mr.Sjlvester ..1d he didn't see how it would fit into the distr1ct.
Cha1rman Mj.tte l18id that when NatioDlll Life was asUIl8 for develepa.at
rights to th1e properly they were goiD«to control very stringently to a ..tlre
there would be coapatib1l1ty.
Mr.Jl'Lyett,1181d there a1lht be a probl.in .eetiag the criteria on this
raqu8lllt.
The Cba1~n 881d if 1t 1I.re to pa.slll.they wOlild bave to coBply with the
75 foot-s"~ba(lk It l_st.
It was aovsel lly Mr.Reed and eeool1ded bT Mr.Sylv..ter that if.the vote were
favorable.:there would 1Ie a stiplllation that the build1y auiit coaely w!th
with ttl.ZS toot setbaok rtglliraaent.Motion voted unall1aously.
The Board 'voted to deny tht.appal by unan1Jloue vote.
The Chai1'Mn expla1ned to Mr.Icpo the £1ve crtter1athe Zonin«Board lias to
.eet allCl.to OOIIply with all fi".of th.lIould asks 11;extraaely difflevlt
to jlletlfy thls reqllut.
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ZOIIIlfG BOARD 91 ADJU/ttMEIiT 091'OBBB 20..197 ~
OOT01lIR 20,~975
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ZOllING BOIIRIl OF AII,JUSTMDIT
mlAL OF CJ!ARI.J§lIDa@.
Thia app.l ihad baen pr....ted alld tabled Olll Auguat 18th.tablad asain oa
Sapt_bar 8th alld on Sapt-.ber 22nd.
Mr.Hubl:ard'diapla;yed 'bluapn.ta at thia .aating of a oonprOlll..plan nth
a requeat fqr ..na.ca on both aid.a of 14 faat.
Aakad if h.lhad talkad to Mr.Farrall about thia.Mr.Hulibard ...id Mr.Farrell
waa parfactlf;y happ;y about thia,tie had talked with hi.nrball;y.
Chaiman Jllyttta a.kad if th.Joard COIlld act Ilpon thia ad Mr.ward ...i4 it
collld ..t.
TIIa Chairurt .xplainad to 1Ir.Hubbard ha _ld ·ha to 80 tbrou.Sh the warnift8
proc..a apinl an;ythift8 Wllch 't'iolatea t.lI.ordl haa to b....med
properl;y.
Mr.Huliba.rd ,..14 he waan't a",re 1Ih.thc ltneeded to lie _rnad or IlOt,but
ha want..to get it retSo1 ...ad ona wa;y or the oth.r.
Th.Chalraa8 ...ld 16 fa.t 1.a little cloaer thalli h.-.u14 11t.,ha would
rather aaa is faet hera alld 20 on tha other a14..'!'hla would require a
four-foot pad ..tria.araa.
Mr.Read _14 the 16 faet is fro.the property Una and not froa tha ad.a
of tha road or aldawalk.it la trOll tha rtpt-of-_;y aDd.~era la aUll
quite a 'b1 t of ar••
Mr.l'lI.;yatt.laatad 1£this wov.ld ever lleooaa an;y kind of a throup atreet.
Mr.ward....ld lt is plaaned to go right ~to Spaar Street a1thouStllt·
_lei.•••doing aoaathlng with the gull;y.
Mr.Fayett...1d that without a tbroup atreet the aet_.wouldn't bctbar
hl.aa auob.
The Chalxaa,Ald the ClOIIflguraUon of the atnat _14 .....er lend ltaalf to
Hco.ins a ~oroushfara.
Mr.Hubba1'dIAld for feet wouldn't aake that ..ch Uffar.oa.
Ilr."'etta ..lei h.tn..Mr.Hubbard apprao1atad that.the lload la trr1n«to
hap n t.lIll1l tha ordll1&ll118 aa hob aa poaalna.
Mr.Fayatta'a.tad Mr.HIlb.rd if ha _a lOla.to talkw1th hia na1pbora
to fllld out:U thia pla a aocaptabh.
l'tr.HIlb.1'd,..id ",Ill he chang..hie .11ld It._ld be accapt.abl••
Mr.Fay.tt._id that ulll..a the nalpbor ...w11Uft8 to go alOll8'with it,
there .a aO a_e ln goill8 t.hrcl1lp t.h.axpena.of rewarnl",1 t.
Mr.Syl.....tF aald th.beat prooedure WIIIllcl H to withdraw thia applicaUon,
for t.he nc01'd,then thera _lda't H a .apUya vota OIl thia ~rtlOlllar
~rc.l of l&nd.
Mr.Hubbard than withdrew bia raq...at.Ap,.l #2 of Aupat 18.1975.
JlI1l1l1t...of htt.bar 2;.1"5
It .a .OY"by Mr.Syly_ter aad __&ded by Mr.Read aad voted Wl&JI1 __1y
to accept tha M1mat ..of S!Ilt_b!r H.197'a_pr-.ented.
It .a Moyed by Mr.S;yly..ter and __adad by Mr.Read that.the .aaUng be
adjouraad.
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1 'I.STATE OF VERMONT
COUNTY OF CHITTENDUl
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Findings of'Fact
Re:Appeal of'Kingdom Hall of Jehovah's Witnesses
2)Does not appear to be a hardship,other areas of
land available for proposed use.'
On the 20th day of October t 197,the South Burling-
ton Zoning Board of Adjustment ~-Q!"'denied the.apnaalofKingdomHallofJenovah's 1Ililft'esses,lJaV-ia."Lupo i r'rEnnoent
115 Wa.lnut:Street,Burlington,verttlOflC
_......based on the .,following facts I
1)Not a compatible use with the arpa;f~
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3)Does not conform with Section 4468 of the Vermont
Planning and Development Act.
4)
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ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
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Findings or Fact
Re:.Appeal of I.C.V.Construction
On the 20th day of October ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~the ap~ealofI.C.V.Construction,IOO Dorset Street,So~th Burling~on,
Vermont_____________________________based on the following factsl
1)Reasonable use for the Airport Industrial District.
ie 2)Compatible with uses existing in the area.
l .•
3)Conforms with Section 4468 of the Vermont Planning
and Development Act.
4)
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Ret Appeal of Mr.llobert Phillips
On the 20th day Of October ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~~the appeal
of Robert Phillips,42 Mangrw90ds A]2ts ••South,Jlurl1ngton,
vermont_____________________________based on the fOllowing facts'
1)Plan is in keeping with the area and is a reasonable
use of the lot.
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Ie 2)Lot set off prior to present ordinance,set back
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then beint JO feet.
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3)Conforms to section 4468 of the Vermont Planning
and Development Act.
ZONlltO BOARD OF ADJUSTMENT
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ZONING BOARD OF ADJUSTMENT
ADDITION TO MINUTES O~"OCTOBER 6,1975
The following is to be inserted on page 6 after the paragraph
beginning For the record •••
~The purpose in noting the above for the record lAJ,S beeauae
at the onset of the hearing a large delegation of South Burlington
citizens,professing an interest in the governing bodies of the City,
the Zoning Board in particular.gave the Vice ChairJIQn a hard tille
which he handled very well.However,their interest waned and they
departed when additionsl appeals were presented which did not pertain
to their own neighborhood •
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ZONING BQARD Ofi ADJUSTMEJlT OWOBER 6,lin
The South Burl1~ton Zon11l8 Board of Adju$taent held a publ1e hear11l8 on Monday,
October 6,1975,1n the Conference Roo.,Mun1cipal Offioes,1173,V1111$ton Road,
ME!@lU!S PRE§EJlTI
Robert Martineau,V1ceCha1rllllul'J,Everett Reed,Alan Sylve.ter
Richard Myette"Chairen,Frederiok Fayette,Jr,
O'll!!ii!lS PRESii:liT
R10bard Vard,zQn1q Adlll1n1suatorl LorJ:'8ine Kaplan,Psula Taylor,Fred Taylor,
Barlara La1ng,¢barb$Chl.lroh,Lal.lr.l P,Cleveland,Porter H.Cleveland,Ben:
Boaber,Frank J j Geier,Al1ne L,G1roux,Marlon E,lalllb,Geore;.V.Drabble,
Heren Laab,Fred Sar,ent,Sh1rleY S&re;ent,Blll Arnold,Hay LIp&,e,Cla1r.
Lepage,Ja.ee tiin"V1ck1 Ew1q,Dorothy L,G'.taveB,Dillard A,Gta"e.,Martin
B,Fauben,Emt:t P.G11'O\1x,carolyn Scarfone,Leonard Scarfone,Roland
V11blr,W1ll1all,Brown,Ann JI.WUblr,MaX'gu.:d te D,Paulsen,Robert Blanohard,
John Laxk1n,S&~ra Dooley,John Trono,John ca1n,J1111 U.rvell,Frank Balch,
nRoeat J.D'AOIlt1,R10hard L.B1nahu,Al1n.D_en,Fred M.La1ng
The lIIeetiq was I called to order by the V10e Cha1ren at '.00 p.lI,
APf}Mt QF Vg!!2lI liUlOADqASTljHfii,C9B!'..FllAljIMJS!
Ap,.l of Verlllont Broad cas tin,Corp"hank Balch,Bee!t1n,a .nance fl'Oa
S.et10n ll.OO,MIlle11s10nal R&q!':1X'8IIentsof the'South Burl1n,ton.,,)lon1:q R.ls~
t10na.Request 1 11 for p.J:lIlIslol1 to construct a 98'x 68'struciUre to w1thb
th1rty~seven (31)feet of the requ1red front yard,on lot No,10 eo called,
located at Fa:rrot11 Road snd Joy Dr1ve.
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Mr,l/Brd sa1d tij1l WILe he .....plan blt oen 1t was learned the structur.
lfOUld front on Joy Dr1'le 1t 1I&S rewsrned for s Worlance,a techdQlll1ty.
Mr.Mart1neau s~ked 1f th1e .eant dealing with s teohn1cal1ty 1n the II8rn1l1(,
not chall&1q th.,bas1c plan snd M1',ward sa1d that wa.the ca...
Fred SsrlJent as!tsd about the r18ht~of~,,"frolll JOy Dr1"e to Spal'street paraUel
to the l.tersta••,what effect thle proposal would have on that rlsht-of-way,
11'.Balch 1ndl~ted on the up the location of the lot,say1q the rlpt~of-way
would not be af~ected st all,
M1'.Martineau $tI&ted ths rlsh~of-II8Y wa.1n no way relevant.
George Dn.bble ~skedforan .xplanation of the retu..t for var1anoeand 1I01U1l8
procedur••and l!equ1r_ents,say1ne be just wanted to kJlow,that olUllens were
lett 1n the daX'lil,P.ople could ute no judpent OIl tlhat the Joard allolls or
doesn't allow add he d1dn't sM Of those th1np wer.1I0t stated,
lIr,Martineau 31d the c11aeue.101l wae r_11y 1naPFoprlate to this ..etine,.1t
would lII_n gol to the people 00 IIl'Ot.the orel1.nce to get th...ct sp1rlt
of the ord1nallO .and th.reason for anf s.tback or any lIone.H.explAined the
purpose of the ~on1ng Board of Adjustaent,that 880h p.rson 111 the eo-tUl1't.{baa
a rlpt to apPeafl and request a Worlanoe for eo••reason or other irA a~at·.
the zon1nS regu1,llt1ons 1n th1s e1 ty or anf c1 ty 1n the State.'ftl1s appflU!'O-''''
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ask1ng for th1s :variance,th1s Board 16 estabU.bed to <tetH!ll1ne wh.ther or not
the requ.,t •••ts thll f1ve er1ter1a,the eoncU UODS under .-b&:cih the varlanee
can be granted,,The Plallll1ng CO_inion 111 the plaoe to direot the qu.stion.
b.llll1 asked,The Zoning Board of Adju.taent 1&a .epawte boar41 eaClbca.e ,
stande on 1 ts own -.rit ••sed on the statute.of the state of9"~nt.
Asked if the BoIIrd we the deo1ding factor,Mr,*rt1n_u r.plied the llo&rd 1&
the final appeal or presentation 1n the Cit"I pereoJ\8 I\ll."eth.reooun.of go11ll1
to Count"Court,
Mr,Rnvell though people were pouibl"1fOnderl1l&about wb7 variano.a wer..,1''''
quested,and .xplalned b.oauae 1I0nlq haa chanced 111 South !lurUngton and the..
propert)'11n.s 1"81'8 .stablished lI8v8ral yeere a,o,the owner is t1'11JlC to _Ice
the be.t use of:the land under the prNent zoning replatlon..It 15 not an,·
thine d8lOptoq toward the Cit)',it b juatthat there 1.no .."anione can
buUd on thlB eXtetiD«lot 1d.tbout a variano.b.O&u ..of the':)'the aonilllllaWlfl
hI,.,.been cha~,
Mr.Reed ..id h,,,tbou$bt it Bhould b.poll1ted out,that if the)'I\ll.d put the
front door all ~nel1 Road the)'"ould .eet tbe requi1'aent&.
Ms.!lQoley aaked lf th.requ..t for varianoe had lOne to other Prda,and .s
told tbai..~iaBoe.rd \1811 tbe onl)'plaoe,
Mr.B1l1&71iked ,for the five orltsr1a and Mr,Martineau 1'ead th..e aloud.
Mr.Martineau tben explained th1s prMentation waa ..de three ..eta ago and
b.cau,e of the :teolmioallty it 'In nsoee.Q'to 1'''1'11 it,it baa b.en dls_Bed
and reviewed befor.,ther.was an addl tiona1 warnll1f!i required so aa to avoU
all1 .1sconoeption of "h.r.the frontage should be,
Mr,Balch IIU"tted thllt John cain,their 1 ...1 counael,..kea prUentBtloD,
/Itt".cain .xp ined the devflloper of the healtb spa wall ;r;.;.at the prsv1O\111
.eeting,It was pointed out that fro.a f\lnctlonal point of vi."the bulldll1f!i
..t front on Joy Drive and b.oentered on tbe lot.'!'be lot 1n aU other
r ..peot.oonfon.to the zoning requ1rBllentll,ju.t the .etbt.ok variano.le
dlotated b;y th.extr••llballoWll8llS of the lot,It wa.clearl,4"oD.mtlld
that thlll ...,itbe bl$beat and b.at uee of that lot that eoonOll1oa could ooae up
1I1th.It is oo.patible and in 1tsep111lJ with the davelopa_t of that area all4 it
.....to prBllllllt no ulldue probltu of ddv.lopllent and oonfo:r-II 1n avery other
respect.
Th.re wall no Other BUpport and no oppeaitioD.
~,Martineau 'explainad tbat beoauae only thre•••bere of the 1Ioerd "er.",pt
it lIOuld take .three vetllll for approval,that two O\1t of three would IlOt OOn-
atitute a ujClr1t".
The Board veted UlI&niaoualy to approve thill request for var1anoe.
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ZONING BOARD OF ADJUSTMENT-----Gotober 6,1975
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"nEAL QF V"'1lT ASSOQAtp,lIIC.,mMK QPP,Jil,.
"ppeal of VeZ1lont "a.ocat••,Ino••F1'ank Geler.Jr..ae.king approval froa
S.otlon 1),10~tlilltrlot Bounderl_of th.South BIIrl1natoR ZODlnc ReaulatlolUl.
Reque.t ls foil:pera1eaion to COl!lltruot four (4)4uplexM on lote '0.11,1',14,
/lnd 1}locate!!OD th.sOllther1)'end of aat Tenso.,8814 lot.being located in
Residential ~aDd RllIIitlD'ial 1 Di.triot,
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Mr,liard pointed out the boun4al'J 11ne of R·4 on the ..p,:nmn1na pawUel to
I!:ast Terwoe.i lie said th.lot.contain 18,000 aqua.r.f.,t,tae aill1aua 10~
81Z8 for two~fa.ll"dwelllnp,The lots vere lIet off and app:tQv"a.18,000
equare feet,'Mr.Dee1&uriers.the owner,waa advbed be would bav.to oo.e
before the Z~ning Board if be wiehad to conllUuot,tile new owner -'$all10 lnforaed,
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iONING BOA@ OF iQ1UBTt!#!'Oal'QUR 6,197 5
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JIlr,vard explai~lId part of the lot..xtends into the a-7 Dbtriot and the
Zonill6 Board bat the power ulI.der cond1 tioJl&l uae approach to extend the bouJ1da:ry
Une up to SO itet,
JIlr,lIlartin.u t,ld the large del..-t1on pre..nt t'roa a.t Terrace and Bp.r
Btreet the llo&1'4 would allow the appellant to pr••nt hie ca..all4 thp ask
for a~qU8IIUo,s ill.faotfroa the aud1eDO'.requ..t1116 that they 11a1t their
qu..t10ll.s to qUfstion.e 1n fact,Later h.1I0uld aek if there ....allY oppoe1 t10n
allll they would bv.the opportuD1t1 to ep..k,
JIlr,Geier explained he purchaled the property aDd _I ehollJ1 whet oould be do.e
lI1th it and th.,poea1b1Ut)'had b.p po1nted out of havinc duplex.s 1n the ana,
He .,.id he bed 1Ulo1lR a nuaber of univtlr81ty people who a11la1a Uklld to havs a
graduate .W~living 1n the1r hOlle all4 be had thousht of thl poeaib1lit1 of
a houae with a 'tudio apartaeDt.but in order to get to thatpo1nt it 1&
Dleeleary to go:te the Zoning Board aDd pre..lI.t 1t 8S duplex...The hou...
Gould .ubatant#.&1l1 .ell for over $4,.000.thq want to protect the 1nY8IItaent
that 18 up therlB alr8lld1,Thq plan to put in a road lI1th paviftl.QUrba.aDd
11d..lb,He explainad the land bae 8 lot of ledge and it 18 goill8 to take a
lot of aonq to put allYth1llg on the FOperty and would take .peo181 dee1gn1nc,
It will take 80ney bat lIOuld subatuhtially uP61'8de the ares..
JIlr.Ge181:then ~nd1cated on the aap lIhere thl probl_.....say1ng if the R-4
had been puebedl beck aore.they lIould be able to build duplex...He ..1d
th81 a:u not reque.ting a "'riance in the di.trict lIbere .oet of the people
live.He ..1d ,th81 had been awroachad by faO\llt)'...ben ..king 1f there .a
aA1 place where they could live and bave a pduate atudent living lI1th th...
they Uke to !Miv.aOllebod)'a1"QUnd their hoae 1It:Ien th81 are a_"
1/hen JIlr,Geier iaentioned the =l·d.....c.JIlr,Boerfone ..1d they bad suggested
two oul·d...ea~11I0 East T.rrace wouldn't extPd .11 ths .y dOIlD,
JIlr.Ilrabble .eked 11'these four duplex.ltOUld be aoatl,in a d1ff8l'ent 81lAe
fro-at the other bousn are in.
Mr.Ila.rd pointlid out the ..tab11ehed boundary 0.the .p aDd explained the
e8ta1ll~hed bollDdlU'J 11&1 _de to une existing u...bllt beOlluse the Cit)'wlIIIt
to a :.:60-foot i18btof 118)'1nstead of a SO foot rl_'·of~1IlI',Jtr,Geier baa lltO
fnt depth 1n.t..d of 150.
Mr.!'lart1Jlesu Jioeferred to Sect1oJ1 13.70,pa~l1'8pb 8.stati~that idt8l"a
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d1atriot boul\dll.ry 11ne divides a lot the lllilard .,perll!lit the condit10nal use
to exteDd beyoOd the d1atrlot Une no fIlrther .tban SO feet.He lIS1d the use
Mr,Ge1er 1$requesting 18 perll1 tted 1n a.4.aDd .ore than t.wo is pera1t.te<l 1n
a.7.so be is a.k1q for an lIIIoroachsent into a d1strlot lIh10h would aUow lIVen
_ore.i
Mr,ll1nghu asted bow far 1t would ••11.Moving the Un.to the ...tkand 11&.
told it would be ltO fest.
Itskad by JIlr.ll1nghaa how he planned to use the beck part of the propert)'.JIlr,
Ge1er 11141cat"theport1on to be 811'eD to the City a.OpeD space.about 2i aores
haa been transferred to the City.and indicated the 10cat1on of the lot••
/Isked a bout Ealt TlI1"1'$ce \le1nc restrioted to II1ngle faJl1ly hou....Mr,Ward Rid
thie restrlctilln 18 a GrellD Maun~in Park coy_nt.it does not.aWl)'to theee
lota as thia 18 not part of ~lIeIl.Mowlta1n Park.
Mr.Martineau ."ked if there 11&1 allY oppoa1 tioD.
Mr.B1ncbP atated there 11&8 a Fest deal of concern about changing the cha:ract...
of the MtPboirl'ood,It lfOUld in.,.olva 1ncr••ed deDlity ill'.sw1toh froll lingle
fu.ily dwellin,P to duplexes.He lIS1d that 1IlIe the ba"t.of hi.oppelition
peraonall)'and'has beeD expressed by the Board of TJ:u.tees of the Ileigbborhalld.·
a.sociat10n,,
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ZQNllG BOA RD O!}DJUSTIjEIl'l'
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Spear street i,also sinsJ.e flUllly dwelllnp,be ea1d.The area ia lubjeet to
prelilsure for inoreased devalopllent for the Obv1OUlii reasOD that it is olosl to
the Un1veraity.People in the neishborhood lII8e an inoreas.iil dlllsity as 18-
volv1DC n.41eal chf,1I&_ln the quality of life ln that.ne1shborhood,and plne
to duplexes as ·In thlli1 propoeal .ould lI.n further preuure to obange the lIIlA'-er
of JlUltl-faelly d••lllDgl1,inorease uaff10 probi..s ln the area,lnorealile the
nuaber of un1 til that are rented,chf,1I8111&froe reB1dential owera to ranters,
that would bev'!'an apaot on the na1shborhood.He sa14 h'felt that tbe Malter
Plall explicltly atat..that tha poli01 of tbe plall i8 to support and IIL1ntalzl
the ,ld.ating n.lshborhoods ud not to jeopardha eld.atlng nalshborhooda,be
thousht perbep tb18 .a in the 10n111&ordinanoe aleo.He a_riled by .,111&
that addlng duplex..would ll1pact the na1shboxtlood.
ltra.Taylor said tbe;y were all ln a51"e"8IIt with that.
Mr.Cleveland 4aked lf thla wouldn't tllld to establisb a precedent within a
nelghborhood cqaun1t1,referr1ng to the prrooua atat.8IIt by Mr.Martineau that
each eae',.a declded on lta own lIerlta.
Mr.Jllartilleau sald be would 11ke to qua1Uy tbe reurlta _de by Mr.B1nghD
and ltata that a duplex dwelliq le pemltted in that zone at the present tile
by v1rtua of the CO&prahenaive Plan,and it JUght be t 11ttle difflcu1t for the
Board to ake any judpent that would not inolude that 1n itl f1nd1ngs beeau$I
thls is a Board of Adju.talllt as opposed to a plann1ng Board.It is a Board to
adjult to acco_odate the flve ortter1.provided by state ltatllte..It ie
lIlportant,he bontinued,to r".'ber that it 1a Ic.ethlng that 18 happening ln a
particular ar....Ha .1d he was not sure that the qU ..tigR a ..ked about a pr.-
cedent was ~rUnent.It .isht be a point to conltider,but 1...111 it is a pllr-
JUtted use and,it lIight be a 11ttle diff1cult for the Board to avoid that.The
Board has iii r.apone1b1lit1 to tbe appellant.
Mr.Binpe .U be wae a1l8re that it ls a plJ:ll1tted UlII8 blt thl argullent i.
the nature of the existing neighborhood is single taally and ths Master Plan
support.aain"tain1ng mating neighborhoods and he felt the Board has the
authorit1 to lIfointiin the single fUily Dature.H e referred to Item 4 of the
f1X"t0rtteria,requiring that a Yariance doesn't Chanse the nelpborhood and
ls11.6atdCtive to the welfare of the area.
Mr.Sylvester asked 1£there a:re any duplex_at all in that area,and was told
there were non~.
Robert Blanchalrd said tbet in all probability 1£the people who lit up the
zoning diltric~s had considered that the road llOu1d be widened at that point,
they probabl;y would have aoved the line of the district to aake that poasible,
and 1£they had done that there would be no need for a public h-.rtng for a
varianoe.1
Mr.Paulaen ..~d he dldn't believe there "ou1d be any berdship in v1ew of the
preaent regulaltioftB,the character of the neishborllood had been "ell estab11shed
at the tille of th18 layout,and the;y were really expeotill&single feaily dwellinp
not duplex_,
Mr,Martineau .id he felt the poillt was well _de,that if thi.was all in one
distr1ct the appellaat would not have to coae in to the Board.He thlll asked if
the:re waa any "ore oppoli tion.
Mr.Scarfone "id he asrelll1 with !'Ir.B1nghaa who repre..nta the 5sslilo1.tion,
Miss Deaers ";1d people froll Sp.r Street alslil would 11ke to be included and
Mr.Churon aad !'Ir.Claveland aareed.
Asking if thee was anycne in favor of ttl.Yariance and receivlng no reap~nee.
Mr.Martineau 1.1d the Board would codede everyone was in opposition.
Mr.Bargant ..pballized the posi1'.1on that the lntegrity of nelpborhoods wlll be
respaoted in pilul!llng,thls bae to be enforoed,otherwise 11'.1&....lngless •
When people ln the nelghborhood ..lIave established a1l&y of l1fe,thelr wiebee 11111
be respeoted 111 the Master Flan,11'.esana a ooa1'.1nuing of elnel.faaily houlq.
Mr.Biashu sa1d tha natura of the nelghborhood ill be1ng .xpr....d bera,all
who live here are proud of 11'..He thought the dllYeloper lfOuld do very 11'1111 ln
selling single faaily hous •••
The Board then took a brief reoess for dlscus'lon.
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ZOllIlfg BOA HD OFI ADJUSTMW
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OgrOBZIl 6.197 5:
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The Board then voted two to one ln favor of the varianoe.
Mr.Martin..u explalned that becau••only three e.bars of the Board were present
a vote of all three ln favor of the varianoe mad be necessary and thls vote
does !lOt oons1'.1tute a ..jodt,vateaDd thera711 a dM1.al of the varla.ce.
Thie 1.tha proio,:\ure of the Board and b_use t\Olere had been a quee1'.1on the Board
dld get an opl~on froe the <:s.t,Attorney.It does constltute a dM1.al.
APPEAL OF JOHN TRONO
App.l of John Trono ,aeking a variance froII Seotlon 11.00,Dleenelonal R~ulr...
•ente of the ~th Burllngton Zoning Resula1'.1ona.R~ueet 1&for p81'll1ss10n to
conyert a II1nglJe faIIUy dwell11\8 lnto.a two fa8U,dwelllng on a lot contalning
11,2'0 aquare fleet at 31 li&at Terraoe.
Mr.Ward noted .that the correct addr..s 'Ilould be 43 .st Terraca.that tbia.,
a typo error.lie then presented a plcture of the existing :ralaed :ranch houaa
looated on thewe,terly side,.y111/J tha lot bas 11,250 square reat and the
dl.8I1s1onal r~lr..entl for a two f ..l1y ~t would be 18,000 Iquara feat.
The house ls 2/j1'x.llO'and at present the upper leval 1.occupled a.a sll181e
faa1ly dwell1~.The r~uest 1a to oIlange the lower lllYel lnto anothll1'dw.tl1ng.
Mr.Mar1'.1n ..u ~tated the appeal le on lot sl.e only,the r ..t of 11'..ls an
allowable use.llith Mr.Ward -y1l\i there ...a question of are8l1 JIIo.uataln
COY_Ilia.It ...felt the Zonill6 Board ..s not requlred to oonelder the ooy-te.
Mr.Trono expla1ned hie propo_l.saylng hl'1I1t8l11'.1on wae to heve two faa1l1es
of ..n and w1f~111 th perhepaone child bacaule there are ollly two lMdrooss on
..ch level.111 he doe.n·1'.get 11'.lnto a two apartaent houlS ha '11111 hava to
convert 11'.to al ...n.U8 of r8l1tal.relltll1g it to atudenta.Tha roou _1d
all be oocupl~so there would be fln or slx ca~s around.Ha refe:rred to
another bouse In the De1gbborllood were they had .l1U8erous cara,aDd wolldered
lf thla would l!e preferred to two _11 fa.111 ...
Mr.Raed there was a specificatlon ln the 01'd.1IIano.that ~e1e:rred to not 80re
tllan flve unrelated p.opla OOl1l!l1'.1tutlng a faa1l,.
Mr.Martlneau alaked if thera were any ques1'.1oas of fact.
The oCllUlent was sade fros the audlence that th1e was a carbon oopJ of tha .se
request by the 'sa••~11der for the 188e bouse three years ace.
Mr.Martin.u sald tha Board trl.to take it on lta 0l1li seritB.
'tile question ~s then .sked if there would ba an,y aa.u:raDca.if Mr.Trono dill .~
the variance,~t he would not r8l1t ..ch ape.rtaent to at least fiye peopla
and would hen iten people 11v111/J In the ~Udlng.
Mr,Martineau afald tilers would be 110 alsu:ranoe and hethoupt tbe case was plalnly Ii;";
stated.I
Mr.Pauuan aaked lf 11'.wall ln order to bold a publlc h_ring after chaqia.l
thll lot nuaber .from tbat whlch wal _mad.
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Z9IT!g BOA!lD Of hPJUSTMB'.!!T OarO'ER 6.1975
JIr.Ward said th.error waa on hia part but that all the peopla baYing anything
to do wlth #431 wer.notifled of the bearlng.
Ilr.PaullaD Baked if the lot oould b.changac\at thl.po1ntln the h.rlq,and
Ilr.Ward rapUI.d the atmctur.,the lot size,are identical,there was an error
in the I1WIber,,1lh8ll Mra.Kaplal'.l objected that ahe bad not ba.n llOtified and aha
Uv..aeroaa the etr••t,JIr.liard explained aDJ.,adjoiD1ng propart,ollD.n are
notified.
Mr,Martln.u a.ked for further .upport or oppoalUon.
Mr,B1qhaa ..ld th.UII.r_IiIOI1ll would app11 alldtiJre.ated fall:th.record a
ooll.otion of .1llJ1&wr811 froa area :r:eaidenta .xp:r:aaeill8 thair appeal tiOI1 to the
_rlano.b.ill8'pnted.
Mr.a.ed aaked'about the 1.1 oo,,_nt,aDd Mr.Martin_u etated it wal
lrrelaval1t.
'lb.Board YOted UllanlMoualy to d8l17 thin app..l.
roll:the r.oord,it wae notad that the lar..group of lntereeted c1t1sal left
the pubUc b ..rtng a.eooll ae the ..tt.r.iDY01Yi1ll8 thair •••tad lnter..t.wer.
eol.ed.'lbey dld Ilot r_l.to haaJ:'the other appeala for _rlance 011 the asallda.
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AFPiAL OF PARJq!ILL XOl'm..JOHll'LlJRKIlC
App.l of Pal'lQl.111 Mot.l,John La:rk1.,.eak1q B Y&rl&nc.froIl Sectlol1 11.11\"
Multlple U...pf the South Bal1acton ZoaillC Reeulatlou,Request 1.for p~
8iaalon to oOl*iruct a bat,-four unlt 8Ot.l on Blot pnlIatly occupled b7
apartaents and Motal COMpleX at 1185 Shalbun.iloa4.
Mr.Ward eaid ~he BJ:'.ia SOIled BPD,aDd the p:r:8II8I1t uee la a 17 unit Mtel .
and a 16 lIUt lr.parta8llt coaplexl al.o there ••a Y&rlancepantedfor John LaJ:'kin
to zun a r ..l ~state offioe fl'oII the offlce section In Ju17 of thia '881'.In
ad41 tiOD he nuld Uk.to _truct aDother freaatalldlll8 llui141"8 containlq
approxi_tel,~4 unita.
Mr.MaJ:'tin_u 1&14 the IIOtel and apartllat u.e i.allowad,the r.eol1 fall:ooalq
'before the Boatrd ia the Multiple u.e catesory.
ilollart Blanohalrd.the daalper,explalned there are eotl.IIOt.l un1ta e:dltlng
ln the back &1111 MOtallil are aD app:r:o"ed U8.for thi8 101le.The propeeel ie to
add aotel unlt.in the front of the .xieting apanaant bulld111C.The II'"unite
llOUld b.approillt-at.l,the ....ha18bt ae the e:dstl•••Udlnal the setback
ie 1n aOC01'Unlle with the nnlng,75 f ..t,t-8ctll&l1,aoll:.thal1 that.Ther.
an two ver,y lIlr••t:n..in frol1t th.y will k.epl would 1 ....the aUr.frol1t
yard protttyaudl the wa,It 181 llO parklna ln the mnt ,.rd al1d th.y will add a
lot of lalld8callll1&.
Mr.liard sald tbe parkillC spac.ar.adequat••
Mr.Martineau asked 1£it would M tllO storl..and Mr,Blal1.rd 8aid aotua11,.
tn and eme-half.
Thar.walil 110 fllrthar support al1d no oppoalt10n,and the Vic.CIlalraan said the
t.cIlIlical1ty 'f.all that 1I&e be1q 0011ll1d.red.
'nI.Board votell ullanlaoualy to approve thle raqueat.
OOl'OBill 6.1975
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~pn;IlG BOA.RP ~ADJUST!'!!IIT
"nIML·Of IUllJpR E.LAMB
AppMl of Mu1.~n E.1&Jlb ankllJ1 a -n.anc:a hoM SaeUoB 6.002.PClI1 ttad UaN
of the South ~dlncton Z0ll111(Rap].aUonll.Raqu ..t 1.for pHlliBB10D to Clen-
vert ..Bxi.tiM two fully d".ll1l18 1nto •three faaily.d".l1ll18 at 23 Piae
Tr..Ten:lLo••
Mr.liard pr.llente a eketch of tha property to tba bri••lao •floor plan,
&ad expla1aed ~a ohallC"Dec_aa:ry to plD the thlrd uait.Ha ..idtb1B "'8
an R~4 Bona ldalcll did not allow for three fU1ly 4w8111ap.The lot 18 80....
what ltt8l\llarl.bit MB rouPly 60 feet frontale and aD ......depth of 250 feat.
It baa good.ailled B8tbaokll,
lin.laab Btatitd ah.naede aon lnCOll.after the 10"of hQ'huaband,Iba .nt.
to keep b.._elf polld~a,abe baB !lOra :rCOlI 'UlaDBha DaadB for heraalf,
aba baB a 11ttle aff1cienoy aparuct bIlt ia 11V111(i8 all the r ..t of til.houlla.
Sha b r ..u_tllJ1 perlld,Baloa to convert.tb:r..rGOIllI ·for another oaa peraoD or
two people.no,d1lldrea.Sha .Qlained that thee ar.DOW tlfO .JIlI I_B thaa
lIban bE huaba'""'a l1villC aad har daucbtua wera b....
Mr.MartiaMu 'aked 1£th..e _l4 be _U1I or t.naata.aad IIft.Leab rep11ed
thq would ba~_nta.She po1nted out on tha d:nud.nc ..t abe lI1ahed to han'
dona,aaylll8l1l1ae 41dn't want to take out 400n but would hav.tb.1I.1e up
II1th.iAllUlatilla,lilU would ...t to bave the hGII ..in th.....CORdl Uon .0 if.
ehe ever .ateet to.all 1t sh.could convert it.,,"ok to it.oril1ll&l condi tioa.
Th.iDor••ed 1nooa.1JCi&ld help hE fiaan01e11,.
Allkad b1 Mr.Martin.u lf the alterllatlve would 'be to Bell,1!:nI.Z-p Aid it
_ld b..6ba,rq_ted ah._14 IlOt tr1 to aell it without re-opwlIi lt aa
it.a beoaua.iaba IlO1Ild gat .ora for it that ..,...
Mr.KarUn_u l\aked 1f aha would qr••to a at1pulatlon that 1n .a.of ..l1iq
the hou.._14 fiX'Bt be reCOllvHtelll to th•.o:l:1I1_1 00Ild1t10n.an4ahe acraed.
The Board Yot~unan1aou.ly to approve this appMl with ~lI,lIov.Bt1pulat101l.
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WIU.or;GONlf tlRIGIlt
Appll&l of CordQn Wrtpt "aid",a _naDo,fro.S.otion 13.00,1f000-cionfol'lUq
Us ..and Sacti$11.15.lIfulUph U..a ofth'SOuth llIIrliJlli;onZoniq Regulat~ona,
Requ ..t 1a for J;.ClI1aalon to coavert an mati..apartaeat oClaplex to inollld.a
retall abop.stfl4'lS Sbelblrne Road.....
!
Mr.Ward lltated H_n Laeh .a repx-,sell.tinc Mr.tlript.A _rienee.It.Aid •
••granted In b.O_bE,1913,to Mr.Vriibt.lIbo planaed at that t1IIe to eollvHt
tlta lower lavel:to necoJ:8.Uv.Tb1Dp.The only ditferano,1ft this r"l'l"t 1&
that th.,1I1ah ito ooaVllrt the fi:rat floor 11,1'''of 943 aquare feet illto •r.tail
abop for Plantei Plue Ltd.and all10 to ulnta1n thra.of the exilUq aparta.ata,
SOlI.partit10n jnluld would bava to b.dOD..He Ald the ar..18 80n"llPD,
Mr.Laah Ald tha .pr""lIt 1IIl11d1D«baa four aparta_ta alld the prev10ua _rtanoe
"'a~t'"oa ~.bub of JIlr.Wrtsbt r-.ovillC ~..of the four apanaaillta.
Now 1t l'anUo pa.ted to lll&v.tbr.eof tb.and co.vert oaly the 4nnata1ra
mat aparta'lIt and alao.elOlla 1D tba maUII&po:rcll with windo"..He ll1dloatad
on the dnwin«the propead oball8ea to the ltalrlfeY.alao tha laok of any
atrllctural pro14-.1n the r.odelliq.
Ha deacr1.ad th,propoaad uee all belnc tor liv.planta witb aCOOlIpanylq
aco"Bort...wi~spec1al .le<ltrioal unite for the plaatab8111&added,
Mr.Raed nhed.tha queaUoll of the drive.y.Mr,Ward ,aid the last appl10ant
had baan requasied to abut 011.driv...y COIIpl.ta11 off.Mr.Lallh aho"ed 011.thll
draW1ng half he'coIIsldered It.nQh _sler w bave a road aroulld the existing
bu1ldl118 and dhve out rather than baoking up aDd BOlnc out the aa.a driv_y
with otber C&:t:II coll1118 111,
Mr.Ward &ald he dldn't think tha Zoning Board.had anything to do W1 th that,
lt would go under slt.e plan review to the Plallll1ng eo_1Hloll.and Mr.Laeh
lfOuld have Ibhe,opportwlit)'to arsue the.t with the Planning 00_laeloll.
Mr.Martineau "1d the Board would ISlaply col1ll1~er the U88 at thia t1se.
There was 110 rltrther support and 110 oppesltloll.'
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ZOJ!1NG BClttRD oUPJUSTMERT OCTOBER 6,1975
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The Board YOt.tjl.ull&nlsously to approve thl.appeal.
APPEAL OF ALI.gIROOX
Appeal of A11ne Glroux Beeltlng a varianoe froa Seotion 11.00,vs.l-.ional
R....ulr..8Ilt.olf'the South Bur11l18ton Zoning R8lUlatioll8.R8ll.ueat ls for per-
81salo11 to reOilnatruct a pmg'19'x 22'lIblQh 1lil lllosted wi thl11 5 f,.t of
the sllutherly 11d.yard.Une and 3 feet.lit the rear yard Ulle,at 265 Hineablrg
Road.
Mr.Ward as1ll the area ls Blllled R-4 with dlaenel0D8l requ1reasnt.s,at 15 test
for the slde ;yard and 30 f.et fllr the rear :rard.The gazage 1e now flve feet
froa the slde 11ne and thre.f ..t fro.the rear 11l1e.The falr sarkst value of
the Pr&8e ln 1971 I18B $SOO.
Mr,Glroux,repr••snting hia daughter,sald he would ~lk.to sake lt 24'x 22'
to ha.,e a twoosr prase and push lt to the ea.t.~,,'be can\,he Ifill put 1t
baok where lt 111.He said h1lil daugtlter has owned thls properly about a BOnth.
He lnd10ated OQ the dmlfing of the pxopert:r 1dllIt.they proPOlled to do.
Mr.Ward &ald lthe Board oould 110t 8I1t..rtaln all 1nerea.e ln alse as thls 11811
llllt 1I8rne4.'
Asked by Mr.Ikrt1neau lf he detillltely 1I811ted a larger garage,Mr.Glroux
Ald they dldh.lt IIOt lf the:r bad to r81l8rn It.
''1'Uers ...no fUrther 8llpport and 110 oppoal t101l.
Mr.M1Lrtlneau .skad it teQhn1call:r thls dldn't !xiat aecorwllng to tha tax rollB,
and Mr,Ward llXPla1ned it Ifas aJPra1sad for $599 ill 1971 so :l.t exiata t.ll that
extent.The fair IlILrket.valus tclday would bs llOth1ng.Th.,.have the right til
repa1r the atruct.ure up to 2~at $500 lf1thout _1JIg bft'ors the Beard./N.f{f!.I!;Q
sUd he would lUke to see 1t.baok further troa Sunset bit can't do all7thlll8 about
lt bsOSl1se 1t,#ls ex1stiJlg.
The Board 'IOttld ull8I11.OIlSl:r tit approve thl.appeal.
APPiAL OF BAnpD ~Im CLAIRE I,ErAGJ
Appeal of RaJillond and Clalre x.page seek1ng a variance fru Sectloa 1.00,
Pen1ttad U.es and SecUlln 11.1',Multiple Uses of the SOIltb llurllncton ZOIllq
Hesulatiolill.,RlIlltaeet.1s for pezw.laa1oll to OOllverl an exiat1q structure lnto
th:re.apsrtaet\t unita and requlrill8 &var1encs fros Section 11.80,DIIell1ng
Unlt Standards,each apsrUJIllllt wl11 contaln less than SOOeqll8re feet,at 1116
Shelburne Road.
Mr.Wsrd preellDted a dralf11\i to the BQard 'with a noor plan and sald the area
111 Illned Bu.lqells Ret.&1l.The pr..ent use of land 18 for a serv1ce atatloB,the
rear bll1ldlngl$not preeently belng usad.
The building ha~not been used .ince 1968 and prior to that was used as a
laundro.at,Th'e lot has a depth of )00 feet and a frontage of 152 feet,with
the bulldilll be1111 64 feet by 24 feet,He aaid the requKt 18 to convert it
to three efficiency apartllent ull1te,with the service ,tatioll to raaill,The
reBidut1&l Ull4l\18 not allowed in Bu.ine••aetall,Adt"1:,qay on the southerly
porUoa of the ,lot prlllar:11y serves the .ek 1Ill114illl,
Mr,JlIILrtin.u .sked the Lepa ...if this was an independent station and if they
Olll1ed the bull~illl'They r.plied they have bouIht it,
Mr.Martill.u laquired about the structura.it 1t tlSa a good aile.and Mr.Lepa.e
replied it is steel with a corrupted tin root.Mr.Lepaga sai4 h.had heard
troll Mr.Ward that a..--l people han appealed tor this building,to do so.e-
thing wi th it,\lu.t never did anything.
Mrs.Lepaga l,lS~d that nolt sa.eone alse --toe to bIly tha piae.of land fro.tha,
Mr.Martin_u ~id that for hi.self he would lIa obj.cting to panting any 1'..1-
dential in Budness aetail,it would ae..like a reverea s1tDtotion.Thera is
SOllethine si.i~r on Williaton Boad aDd ha doulI't think it appropriate,He
would be ill favor of.reteill11lB ksiRa'a.tail.
N:rlJ.Lepage ..14 the prospective buyer lI&nts to build a aotel.She then asked
a'bout lIOn tsxincoa.to the City and Mr,Martineau explained the Board ia not
supposed to co'-ider inco.e froIl taxes.The Board's r"plluibility 18 to t:ry
to bave thi.dCllcuaSllt adhered to a.olOllely aa po.Bibh and .till give peoph
.000e conside;ration for their rea.~b1e u••of Ute land,alld in thia part1Clllar
case it IIU aUeady loned aAd establl8hed when the Lepa...boqllt it,it lI&~DOt
B\IddWy ehangtd to lluallla.Retail..
Mrs.Lepage asked if soaethiDl could be done if they consider"it tor ooueroial
rather than for apartllSllta.and Mr.Martilleau said it could be used for a 00II.-
aercial uae,~ey would only have to COIle to the Board for being to clos.to a
line or aOllethine of that IIStura,
Mr.Lepage 1111 he ltOu14 lilts to /ret aoaethiq done with the ]I%'Operly.aDd J1r.
Martln_1I id:h.realiZed that lNt they had purchaaed 1t imonDI tbat it .s
~.ine.a Retail.
Mr,aaed asked if it 'lIOuld be possible to put three aotel units in there and
Mr.WaX'd replied that would be a aUltiple u••question.
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The vote of the Board on this aW-l vas tva naptiva vot_and oae aft1~t1ya.
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ZOJiUG !lOAM OF ADJUSTMEN'l'QgrOip 6,1975
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It vas aoved l'Y Mr.Sylva.ter and secoded by Mr.aeed that the aeatine b.
adjourned.
Meeting deo1al:ed adjourned at 7100 p.a.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
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Findings of Fact
Res Appeal of Gordon Wright
On the 6th day of October ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~iedo the appeal
or II Pl nts Plus Ltd.14-5 Shelburne Road".
th Burl n ton ermcn_____________________________based on the following facts:
1)DRes not change the character of the area.
•2)Business that is proposed is allowable use .
3)Conforms with Section 4468 of the Vermont Planning
and Development Act;
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ZONINQ BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of vermont Broadcasj;ing Corp.
On the 6th day of October ,1975 the South Burling-
ton Zoning Board of Adjustment approved o(J!"'-detmd-the appeal
of Vermont Broadcasting Corp.,Mr.Frank Balch,Joy Dr~ve,
aouth Burlington.Vermont .______________based on the following facts:
1)Lot set off prior to 1974 ordinance,irregular
shaped.
2)Use proposed is compatible with surrounding area
uses.
3)Conforms with Section 4468 of the Vermont Planning
.'.}\
and Development Act.
4)
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ZONING BOARD OP··ADJUSTMENTl.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Parkhill Motel &Apartments
On the 6th day of October ,197,the South Burling-
ton ZonIng Board of Adjustment approved or-~the appeal
of Parkhill Motel ~Apartments.John Larkin.1185
Shelburne Road.Sguth Burlington.vermont
_____________________________based on the following facts&
1)Extension of allowable and existing use.
2)Does not change the character of the area,
proposed bUilding will screen 'any rear structures.
3)Conforms with Section 4468 of the Vermont Planning
and Development Act,
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ZONING BOARD OF AJ)J'[JSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
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Findings of Fact
Re:Appeal of AJ.ine ~Ernest Giroux
On the 6th day of October ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~-den-ied-the appeal
of AJ1ne &.Ernest at-tOllx,265 Hinesburg Road,g9uth
BllrJ1ng+po)vermont______________based on the following facts I
1)Replaces existing structure.
2)Does not change the character of the neighborhood,
improvement to the property.
3)Conforms with Section 4468 of the Vermont Planning
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and Development Act.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings ot Fact
Re I Appeal of--...:M;:::a~r..;:;i,;;;o~n_L=a::lm~b::...._
On the 6th day of October ,1975 the South Burling-
ton Zoning Board of Adjustment approved Ol.'-.Qen-ied the appeal
of Marion Lamb,23 Pine Tree Terrace.Bouth Bur]'petoo.
Vermont ._________________________based on the following factss
1)Hardship.needs incomei
2)Will not alter character of building.
3)Property will revert back to two family unit
in caSe of sale.
~)Conforms with Section 446P of the Vermont Planning
.and Development Act.
Chair
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ZONING BOARD OF ADJUSTMENT
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STATE OF'VERMONT
COUNTY OF CHITTENDEN
Findings of'Fact
Re:Appeal of'Ba.yrnppg.LePage
On the 6th day of October t 1975 the South Burl1ng~
ton Zoning Board of Adjustment ~-Ol'-denied the appeal
of 'RaymOPd LePage,JJ16 Shelburne Road.§o~th Burlington.
yermon t
_____________________________baaed on the f'ollowing facts:
1)Other QommArci~)uses allowed within thJs district.
2)Np unnecessary hardsh~p 'tnvolvedll
3)Residential use is not a desirable use in the
Business Retail District.
1+)Does not conform with Section 4468 of the Vermont
Plannin and Development Act.
ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
'~,COUNTY OF CHITTENDEN
Findings at Fact
Re:Appeal of Vermont Associates
On the 9th day of October "197'the South Burling-
ton Zoning Board of Adjustment ~~-denied the appeal
of Vermont Associates,Frank GeIer,East Terrace Extens~on,
South Burlington.Vermont ,
_____________________________based on the following facts:
1)Does not confgrm with the criteria establi§hed
yPder Section 13.101 of the Zoning Regulations.
2)Cbaracter of the existing neighborhood is single
familY dwellings.
3)
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ZONING BOARD OF ADJ'UBTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
F:l.nd1I1gs of Fact
Re:Appeal ot....aJl.l<9WhlUn_T...rIo.l2.:.ln~or..-_
On the 6~h day of October ,1975 the South Burling~
ton Zoning Board of Adjustment ~~denied the appeal
O:O!;igbgll;in~tQ~~Q;;;~~~P ParkwaY ~t"t at 43 East Terrace)
.based on the following facts:
1)Dpe s not cenfer m to Sec tion 1,2,3 and 5'of
Section 4468 ef the Vermont Planning and Develop-
men tAct,
2)
3)
4)
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ZONING BOARD OF ADJUSTMBlNT
The South Burl1ngton Zoning brd of Adjustment held a publie hearing on
Monday.September 22.1975,in the Conference Rooa.Municipal Officea.1175
\l11118ton Road.•
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ZONING BOARD OF;ADJUSTMENT SmfIEMBER 22.1975
•
Richard Myette,Chairunl Frllderlck Fayette.Jr..J.Everett Reed.Alan
Sylvester
MEMBERS ABSENT
Robert Martin~u
orHm PRESBtm
Richard Ward.:Zoniq AdminletllltorI Andrew Lara-ee,Jamea Meuni er.Darcy
Trovi11e.Arlllllas Cook.JlUIea M1 tchell.Charlea Hubbard
The meeting lI&e called to order by the ChairJllLn at 5.05 p.lI.
1.APP&4L OF.l!QSINESS VmtlJ!ES ASSOClATi8.AGBNT
Appeal of Bueinese Venturee Associatee.Agent.aeekiq a variance.fro.
Section n.oa,Dimensional Requir8llente of tile South Burlington Zoning Re8\l-
lation..Req.l.lest 18 for ps:rahsion to construct a motel unit approxiutelY
60'x 190'to lIithin .ixty (60)feet of the req.u1red front yard.aleo a
variance frolll Section 11.15.Multiple uus,requesting to opuate a coffee
ahop in conjunction with the Botel.on a parcel of land located southerly of
108 Doreet Street.
Mr.ward eald th.variance granted in FllIbruary has expired.The only ohange
froa their original plan 18 the ellllinatic!D of an ineide swi_ing pool snd
the .ddition of a OQffee shop to seat ~people.The building ittel!con-
fOrllla.Both tha Botel and the coffee shop are allowed in the area which is
llonlild Businesa Reta11 Di.trict.It 18 really s lIlul tiple use because the
coffee .hop1l11l be open to the public.
Mr.JUes Mitchell explained that IIh'"people froll the State looked at the
plan they had eOlle queetioll$about the pool Bo it lIB.B neoMsary to Uke BO.'
changee.They had planned to have juet a ....11 br..kfast \:Ilr 111 th juioe,
coffee.and doughnute.wt lIere advbed that the people travelling expect
to have an in-house eating area,alao that thb 18 lIIore ecollO.ically feasible.
He explained they are not asking for a liquor UoenlJll and not planning on a
bar to aerv.liquor.There will be two rea~oou for the area.
The .otel.he said.1$to be the econOJlY type of aotel but with the same
interior finiehing ae the !loliday 111l1:oolored TV.eto.The rates Will be
frolll $14 to $18.higher than the raha eugg8llted in February.
Asked by the Cha1.:x1UIn IIho would operate the Botel,Mr.Mitchell eaid they
have two plans.one for locally una81ng it.and one for franchieing it.
Some people have already been here and they expaot to operate it under a
flllnch1Be.This 11111 give a prof..eional _nag_ent.
There lI&a no :fUrther support and no oppoai tion.
The Board voted unanboualr to approve thiB £!!9U!!st.
Appeal of JI1emae and Iaogene Cook seeking a variance,fre.Section 11.00,
Dill.naional aeqll1r8ll.nt.,of the South Burlington Zoning Regulations.Request
ia for perai$sion to construct an addition 14'x 17'to ths reel'of the exist-
ing etructura to IIlthin alx (60 feet of the aoutherly aide yard,at 1256
Airport D1'1 ve.
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ZOO NO BOARD 0E..ADJUSTMgT_
2.APPEAL OF ARIl!:MAS AND IMOGENE COCl{
SEPTDIUR 22.1975
•
Mr.Ward explained there is a hatchway at the rear of the hou..and they
lIant to square it off by adding a 14'addition,juat carrying the line out
farther.The exiating dwelling is constructed to within six feet of the
'outherly line and the addition will continue thia a..e aide line.The lot
ia 41'x )0)'and was .et off in the 195O'a,
lV.Cook aaid their kitchen is very _11 and they need 1II0re apacel they
particularly lIant space for their washer and dryer.By raie1ng the roof
right up level with the other roof the addition can include the stairs now
in the hatchway.At the preeent ti.e it 1&neCe8$Bry to go out around the
houae to get to the cellar.
There waa no further support and no oppoBi tion.
The !card voted !,lDanillous1Y to approve !biB appeal.
APPEAL OF CIlARLiS I:IUBBARD,cqyRI CLUB
Qlai1'lllBn Myette explained that after the Board had originally rejected thia
appeal Mr.Hubbard felt be wanted to Uke another prea.ntation because he
had aOlle new evidenoe.The Board MBrned thia for August 18th and then had
a request froll Mr.Hubbard to table it.He $Bid there baa been eonfu.ion
among Board .pbers aa to whether or not they ahould hear thia appeel.but
'becauae it was a rather gray area the Board waa ready to liBt8ll.
Mr.Hubbard preaented copies of a nnder1ng of the propoaed plan and explained
what he whiled to do,and ...ked if there could be any co.proaiaing,
The Board studied the drawing and the Chairaan aaked Mr.Hubbard if he
could change the configuration of the b.lllding,changing the shape or cu.tting
it down a bit,
Mr.Myette then asked the Board if they whhed to .ntertain any minilll\1l1
.etbiloks.Mr.Sylveater aaid he wOl.lldn't peraonally go on record aa giving
an adviaory opinion on pointa not before the lloard,and Mr.aeed ..id it
aeemed to M.•t.hat Mr.Hl.lbberd was aaking fOr ao.'direction he lIi(lht go in,
Mr,HUbbard explained the probllllll ia trying to design a building to f1 t into
the site because of the alope and the terrainl he .....trying to prot.ect the
t.rees and integrate t.he building in an aeatbeUo unner.
Mr,Fayette asked if he owned the lot and Mr,HubbaDd aaid h ..boUght.this lot,
the other one i8 leaaed,
Mr.Fayette then uked if there had be..n 8ll)'headway IIBde in purchasing
another 30 .het,and Mr.Hubbilrd said hs aaked and Mr.Jarrell didn·t.want to
go along with that at all.
The lI ..bere of the Board felt that Mr,Hub~rd had not preaented any nel!
eVidence.
Cha1I'IIBn Myette said the Board haa from tille to tille entertained varianoes
in aideline set.backe,and hia peraonal concern was that res-rdle.a of tbe
oircullst.8noea of aetting a precedent for a brand new area and a brand new
lot,he would b'prepared t.o vote on aoaething of a co.promise between 1,5
and 30 feet.
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ZONING BOARD OF ADJUSTMIllNT
Mr.Hubbard said he would Uke to know the Board's feeUng towards some sort
of COBprOll1se I he dUn't llllnt to go throll&h all tha t extra work if they are
not oons1der1:ng that.
(ha,1naan Myette said it ..a a good use bIIt he didn't want to s.a such a severe
variance granted,
Mx'.Reed aBked if the Board oould Bt1pulate t/1e.t it not be built oloser than
15 feet from the Unt!he 1I0uld personally vote for sOBeth1ng about 15 feet.
Mr.Fayette 881d the probl..for that would be that the Board ha"a plan before
it that IIlahe it 1l11poee1ble to do that.Ha lIOuld Uke to eee anothft plan.
Mr.Sylv8Bter 881d that Kr.Ward had .ent:!.oned that Mr.h:rrell had add1 t:!.onal
coun"el and Mr.Farrell rejects th1e one·foot eetback.He would euggeat that
Mr.Hubbard Ill&ke hie p_ce with Kr.Farrell ae to lIbat he lfOuld allow for a
sideline rtqu1r.ent and then COIl.back nth a plan to ahOIf to the lIoard.
Mr.Myette ea1d the Boan!18 go1l14l to 1I&nt to see a plan and it lfould be
appropriate to table the request,that Mr.Hubbard,he thought,lfOUld 1I&nt to
shOll it to Mr.Farran betore he cue in to the Board.
Kr.Sylveeter cautioned that Mr.Farrell oould go to Superior COurt with it
if he llllsn·t eatisfied with it.
Kr,Fantt!.oved to table th1a request until QQtober 21et,Seconded by
Mr.Reed.
In a discussion of the 45 day tiae 11&1t,Mr.Sylveater said the 45 days runs
from the ti••the evidence 11 closed,and the rtquest 11 being tabled tor the
purpose of hear1114l additional teet1l1ony.Clnce the indication of the Board
is that it has heard all the evidence,then it hae to act within 45 days •
The Board voted uneniaouBly t.o table the request until no later than
October 21st.
APPEA L OF ANDREW D.LAI!AMEE
Th1s app_lhad been tabled at the Sept8llber 8th lIeet1ng because the dUw1114l
preeented 1I&S not dUlfD to eosle and did not present an accurate picture of
the property.
Mr.Waxd preeented a eosle dra1l1114l to the Board,eayill4l the requeet waa to
conetrllot a 16'x ~pool to within fiVe ftet ot tbe northerly .1de yard.
The d1'8wing praeented at that u ••was way out of proportion.Mr.Lal'8llee's
ar8Ullent ...that there is need to u1nt&1n a C()IIfortable d1stanoe to allow
roo.for a recr_tional v.tl1cle and alao a atone fireplace.The yaxd ia C()ll-
pletely clo,ed off by a atoclr&de fence and a chain Unit teDoe.The pool
1I0uld be behind tha fencing.
Mr.Laraaea explained what he waa atteapt1ng to keep away froB .-tbe trail.r
and tbe fireplace --and 881d he neede room t.o gat through 111 th the anow when
he plowe and aleo needs roOB to store fireplace 1I0od,
After stUdying the nBlf drawing,tlIe Board felt the previoue drawing had _de
1t look as tbough thfte wae a lot Bore rooa there than ..a actually the cue.
The Me ypted unanill2\l'lY to app£9v,thb appeal.
APPEAL OF MOOD MIJIJORIAL,life"JAMBS MiVl!Ig
This had been tabled at the Sept.ber 8th .elting to aUoll the Board ...bll'll
time to eake an cn-ait,vi,1t to the property,to get a better perapect1ve
of what the appellant had in mind.
Cba1rean Myette ..1d thera were three th1qa,a tune1'&l home,an IUlbulance
,erv1oe,and the creation of an apartment on the eecond fioor.He aelted
Mr.Ward if there waa anyth1q new for c0Il81d81'8t1on.
Th.Board voted unaN,!OUlIlY to approve th!!aPRe].with til.,Upu.lat1p1l tb!t
1 t b.haard "91n in on.nu.
Mr.Ward 8&14 that Mr.Martlneau had asked at the last lIeeting about parklng
on Patchen liltad.Parking 1&allowed there and the right-of-way has recently
been wldened.
Mr.Trovllle 8&101 that becau.e of th.concern about traffic froll Patchen Read
thay had uP'ed out SOli.alt_tive routss.H.described th.operatlon of a
funeral procss81on,showed the _bl..W be dhplaYed by pa••enaer cara,and
.&1d the lsdlng car would hav.!la.hlng light••
Mr.Meunier then drew a plan on the blackboard ehowina how the elde .tr.ete
could b.ueed a.holdlng stre.ts ln ca••of a lona proce.doll.
Mr.My.tte eugseated golne;right out to Alrport Dine and Kennedy Dr1 ve,then
\lack to Hlneaburg ilDad for st.John Vianney,avold1na Willlllton ilDad where
there b already 1$0 IIUch cona_tion at the lnteraeetlon.
Regardlne;aabulance eerv1ce,Mr.TroviUe 8&101 they had had only one call for
..ergenoy aerv1ce thh yaar,but a nUllber of traneport requesta.
Mr.Reed ald that after 100k1ne;at the property he couldn't ,ee enough turn-
around .pace 1n the parklng area.
Mr.Troville.ll&1d they are planning 10'x 16'parking .pac••,17 .pac...
Mr.Meunier "raw a d1&graa on the board &howiDg the planned drlve-around.
Mr.Myette 1&101 h.would a.k the !card to et1pulate that 1f it b.coll.a
traffio ha..l:d the !card would take another look at it.
Mr.Troville agreed to that.-)'ina 1t would give the C1ty till.to beoolle
aore f&II1liar wi th 1 t.
Mr.Meunier.aa1d they had not yet talkad with th.Ch1ef of Polioe and the
Cha1~n reco_ended that they d1eculIlI tramc patterns with hi••
Kr.1'Iyette said he would Uke th1e to expir.in a year 110 the :Board could take
another look at it.
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ZONING :BOA ilD OF ADJUSTMENT §mICMIlER 22.12'75
•
Gross_n',,...parkiN 9mbl.
Ch&1run Kyette a.ked Mr.Ward to get .0••th1ng done about the raally \lad
parklng ,HuaUon at Gro ....n'.,eay1ng that when h.was down there two weeke
ago h.told the ...nagar hill.elf to do .ollethlng about thi••
Mr.Ward Mld Ule condlUon wa.that they provide 100 parkina'epaoea.but
paople don't want to go 1n the fenced araa becau••it doe~t lQok 11ke a
parking area.They will have to relocate the feno ••0 ......wtti·,.on the out.ide
of the fenc..The parking l11111de oould be uaed by aploy•••
Minqhaof Julr 21.1975.AUguat 4.1975,and AU6llBt ~e.1975
It was ROVed by Kr,Fayett.,••conded by Mr,Reed,and voted unanilllou.ly to
accept the !'»eputee of AUl\1st 4.1975.
It wae 1II0vad by Mr.Sylv.ster,.econded by Mr.R.ed,and voted unanillouely W
approve th.Minut..of AUI!9.t 18 •197"
It was 1II0vad by Mr.Sylv..ter,.econded by Mr.Reed,and voted unan1110usly
to accept the Mlnute.of July 21.1975.
The ChalJ.'1U,n aeked Mr.Waxd to e.t up a date for a •••Ung with the Planning
Collllllesion to discu88 the property at the corner of Dorset Str.et and KeMedy
Drive.Mr.Ward sald thi.lIe.ting wall JNt:Mfttf'by the Plannlng eou"..ion.,$~"~
M••Ung WlJ,sd.olared adjourned upon aoUon by Mr..'.Fa...••."...••..tt...~t."••••ccoonndd~ed.:a.ed,
at 6115 li;'llI·Clfj~
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:App-en-of---Mr~__Artemas Cook
On the 22nd day of September ,197J the South Burling-
ton Zoning Board of Adjustment approved or-den1e~the appeal
of Mr.Artemas Cook,1~56 Airport Drivel South Burlington,
Vermont _
________________~based on the following facts:
1)Minimum variance possible to afford reli'f.
2)Lot very narrow (41 feet wide)set-off in 1950's •
COnforms with Section 4468 of the Planning and
Development Act.
4)
ZONING BOARD OF ADJUSTMENT
"
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Business ventures Associate;
On the 22nd day of September ,1977 the South Bur1ing~
ton Zoning Board of Adjustment approved ~~~the appeal
of Business Ventures Assgciates,Rqtch Inn,108 Dorset
Street,Sguth Burlington,vermont________________~based on the following facts:
1)Represent the mipimum variance possible to afford-
area.
2)Plan as presented does not pose a detriment to the
'.•'.
relief,main portion of building is set-back 75 feet.,"
3)Reasonable use of the land in qUestion.
4)
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Mr.Andrew O.Laramee
On the 22nd day of September ,1975 the South Burling-
ton Zoning Board of Adjustment approved ep-4eft4e4 the appeal
of Mr.Andrew O.Laramee,10 Mlers Court,South Burlington,
vermont_________________________________based on the following facts:
1)Narrowness of the lot and location of garage and,
--fliaplace prevents locating the proposed pool in any other
area.
2)Represents the minimum variance to afford relief •
3)Conforms with Section 4468 of the Vermont Plannihg
and Development Act.
•
ZONING BOARD OF ADJUSTMENT
"
~ING BOARD OF ADJUSTME!!!SEPTEMBER 15,1975
•
The South Burlington Zoning Boa~of Adjustlllent scheduled a public hear1ng
for Monday.September 15.197.5.to be held at the Municipal Offie••1175
Williston Road,
BeCllouse a quorum of ...bel's ,,*s not available fOJ:this date.it "*s
necesMJ:Y to defeJ:until Sept_beJ:22.197.5.the appeals warned fOJ:
SeptellbeJ:15th,
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•
Th.Zonlng Beard of Adjueta'llt held e •••tlq 011 Monda1,Aupet 18,·191',
11l th.COllf".nc.-Boom,M\lll1clpal Office Bllll41ns,1175 Vl11bton Road.
MEl.!!!IiI!B lBWr.I!"l'
Fred.rick hy~tt.,Jr.,Vic.Cllalx-an,J.Enrett RNd •.Alan Sylvest.r
MDlllICRB .4JS~
Richard MJette,Chalnan,Rob"t *:rt1Il.u
Richard Ward,Zonill8 Ad.lnilltrator,Herun wan..r
'.~
Th ••••ting ...OIIlled to ord.r at "GO p •••by Vic.Cbai_ahyett••
&.....!:rPIAL or CHAng J.HUWlW.COURT CLUB
IIpp.l of <!!arlee J.Hub_res,Court ebb ...!dq a vanallc.tro."S."lon 11,00,
Di....lo_1 Requlr....ta of the South Burl1astoll ZOJ\1II8 llaplatioa..R..ueat
18 for p.n1ia.1on to CGIII.truOt an offic.bulldiq cont&ln1nS.approx1aat.ly
8,000 lI'l.uar.f ..t to wi tIl1a on.(1)foot of the Ilorillarly prop.rtJ Une on a
lot located at hn.l.l Road altd JOJ Drive.
Mr.Ward atatld that Mr.Hub'liard had rllllll.atari that th...rd.tabb hll appeal
unt11 the next l1Ie.tiq b.OIIII..h...,8tHl aa.rotiating w1th Mr.Jarr.ll.
It ......moved by Mr.Sylv.-tar,nllolldad by Mr.R.ed,aJld voted llnallbou.ly
to table th.app..l of <:barl..J.Hubbard,Court Club.
3.IIFPJ:AL OF HERMAI E.liAMP
Appal of H.J:N.1l E.wan.r ...klllC a van.ac.froa B.otlo11 n.oo,Di.enlloul
Raqulreente of th.SOUth Burlington Zo81 ..Repletion..Requ ••t b for par-
1I18110n to oonetruot an attached.prase aJld IwraS'~a 22'x :l,'to lI1thln
.1e;ht (B)f ••t of the lid.yard lin••at 1)1I1rch str.et.
Mr.liard pr"'ntad two drall1ns.to th.Io&rd au .tattd the ar"18 zoned R-4,
ll1th dlll.nei_l requlr..ellt.undG'S~tililD 11.00 :r"1l1:r1ns .1d.yard ..tbaob
of lS f ••t.fi.propoAl 1.to .dd to th.rAr of th••xiatins bOIl••an
attached _rag.and .ton-C'ares IIblch would be a totel of 22 fe.t by "f ••t
and ...1Dta1ln the sa••81d.yard IIbloh .n.ta IlOW,IIblob 1.a1e;ht feat.
Th.frontage,he Ald,18 *little lIll'",9 fe.t aDd the lot i*nona M •1ng,
baV1J18 baG ••t otf prior to th.lIlrdlllanc••
~.
bke4 to explaln hb r ••OM for the .pp.l Mr.Warne-·..14 he .1a,ly d.tad
to g.t a prag.for the hou••and tbat 1&the only plac.t ••pat It.The
prage floor 1I0uld b.at th.....l.v.l ae the ba••&Ilt floor..
He llcu.1d have to drive ln froe Blrch Str••t ami ate a turn lnto the gara,••
Mr.payette ...ked Mr.Warner akllt a.Jolning prope-ty cnere and he replied h.
bad talked with the adjoining oner and tiler....no pro'bl••
Mr.Ward uked Mr.l/&rIIer if b.11&.....red froa the r.r of hi.hou ..alld
Ilr.lrIarner aPII.red b.dB.Mr.ward then cautioned hla a'bout interfering
111 til the sewer during coutrllctbn.
Tber.11&.no furtl!ler Bupport and no oP»OBi tion.
,.
•ZONING :BOAiiD .OF .AWUS'fKi:lfl',..AUGUST 18.197 5
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The Bcari •.,eed to poBtpon.the consideration of the Millut..of .Allpst 4.1975.
snd of July 21,1975,until the full Board ••pr..ent,
Upon a action by Mr.Syl.,..ter,"COHN by Mr.R.ad,the ••etb,••
declared adjOllrned at 5125 p •••
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Herman E.Warner
On the 18th day of August ,1975 the South Burling~
ton Zoning Board of Adjustment approved 8P-48J1,;l.84 the appeal
of Mr-Hermap E.Warner,13 Birch street,SgUth Burlington,
Vermont_______________based on the following facts:
1)Existing structure is'presentlY located the same
distance from the property line.
2)Lot contains 59 ft.frontage,set off prior to
1964 zoning regulations.
3)Represent the minimum variance to afford relief •.
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4)Conforms with Section 4468 of the Planning and
Development Act.
ZONING BOARD,OF ADJUSTMENT
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ZOIgXG BOIl RD OF ADJUST"m
Ttle South Burl.lngtol1 ZOnlllg Board of Adjuetaellt.beld a public hearing on
Monday,Sept....er B,1975,in the Conferellce Ron,MuIIic1pal Ofncell,1175
V1l1illton Road,
Frederick Fayette,Jr.,Alan Syly"tar
Mchard vard,Zoniq Ada1n1et~torl 'IIdr",La~ale,Jobn au Joyce R1chland,
Jolin cain,Vinoent J.D'Aell",Dore'Y Bau.,'lbo••J.Pt.pa,Ji.Hanell,
Marcel B..udoi.,Richard P.Xe.ti,M.D.,Francllll .e.U,M.D.,DlIraay Trovi11e,
Ja.e,A.Meunier,Albert ••Beliveau,varrell L.Thnp.on,Ire.wa.T,l!urray,
Robert Herge,sally Herge,Willia.T,ltunay.Pt.ul ca:tft~,Joanne ca:tft~
'nle ...Uag a.oalled to order 'by the Cl\8,i~1l at 5.00 p •••
I.APP!.AL or VERJlOJfT BllOftDCAmXG CORP ....rug:A,BALCH
."li .~
Appeal of Vepont BroadoaeUng COrp.,Frank A.IlI.lch lIlIeking a vari'nce !rOIl
Section 11.00,Dia_ional Reqll1r.ent.of the South Burlington Zoning Regu-
llItiona.Reliu ..t ie for perai"ion to oonetruct a 72'x 90'dructure to
within f1ftelll1 (15)feet of the northerly _ide J'rd,on lot Mo.10 lIo-c.lled,
100llted at Fl.rrell Road and JOJ Drive.
,
Mr,vard pr"e.ted renderlage to the Board,..ying thar_haa beo a reduction
in the building lIbe to 98'x 68'lIO they would be rll4.u"Uns a 20 foot dde-
yard on the 110rtherly eide.The area ill coned.Bu.in...P1lInaed Developaent
with diallllllional requirllllellt.for a 30 foot aetback.
It lIlIa explllined by Jia Harvell alld the develope1'll that thia ill tbe only lilly
tht.partieular bulldill&of tblll particular abe to contain all the lIQuipaent
for a h.ltil IIpa could be n t ted into tile lot.
After studying tbe d1'll1l1ng,the Board felt the appeal had not be..1IlImed
properly,that they 'bOllld have a,ked for'varl'nce for the front lIB well ..
the rear.Chainan IVette explllined that thi'a.a tedm1ee.l point and did
not .ean lIppo_ition to the bulldill&being plaoed thill .y,bu.t leplly the
Board oannot entertain anythins other thall the variance which wa,arlled in the
paper.He .,.id the Board could hear the petiUon for _rilInoe tor the rear
'.-tback at ttlill ...ting and am the .etbaok for the fnJIt tor the next
....tins of the Boa:rd.
Mr.Harvell ..id the badc need 1IlIe tor a Wilding 98'x 68'With'"parkiac
epa 018 •It 1I0uld not be in co.peti tion with,but would ~l."'t the tellllia
fa01lityaero.,the road.
Mr.Pepa of ~lbany,II.Y.repre..nt111&the H..lth Spa,..1"the wil"ing wou.ld
have an eX8~ciee rooa,"r"81ng roo"in"oor pool,at..ron,wbt1-1pool,lind
dON have qU'1te a :bit of equipaent.He explained it woul"b.a totally d1f~
terellt concept fro.the telll1ia and handball club.'nle pool woul"probably be
about IS'x )2'and go troa )'to 5'in depth.Juet all.axareia.pool,no
d1ving.'nlq haye a bulld1ng in the !inatwtton ar..108'x 78'but bacau••
Burlington i .....ller than Binghu.ton it wouldn't be practical to build .~ch ..
large building,but it would be pretty d1ffiClllt to get enything into a build~
ing su.ll.r than what ie plaMed here,He eaid they are purcht.aing the land,
Asked by Itt,Martineau about parking,Mr,Papa sa.id they ahowed .about 81
apace I they will need 1Il0re parking than the tennie club b_~ae the ...ben
of the Spa generally spend all.hour or tll<>in the 5pe.and it could hold ap to
400 ptople et one ti.e.
Chail:Un My.tte explained that lIith only three ••ber.present on the Board
at this hearina,a negative vote by one a ..bar ttOUld _all.d.ny1ng the variance,
There wa.no fu:rther ."pporl alld no oppll.1 tion.
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ZONING BOARD QF ADJUSTMENT 5EPTiMBER a,.lW
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The Bllard Vllted unaniaoualy til approve thi.reque.t for variance.
APPEAL OF JOHN J.RICHLAND
Appeal llf Jllhn J,Il1chland .,eeUng a variance fro_Section 13.67,SWi....ng
!'Gob of the South Burlington Zoning B-sulatioDS,R"lueet is fo:r peni88ion
to construct a 16'x 36'alIiuill8 pllol to within ten (10)feet llf th.norlherly
m1de yard and with1n ten (10)teet of the r.:r yard,at 21 Orchard Road,
Mr.Ward said the 11:1l1enaional :requi:r..enta call for 15 f.et.The lot ih'
q"'&etian i.52,8 feet wide and the prage is enstina unde:r·a variance,with
a ,aUll,,·The edge of the plIol would.be :rousbly7.a f.et troll the edge of
the yard,There lfOltld be no proble.."ith the rear ylU'd,
_,Richland explained the area is not Widel they couldn't go lIUch narrower
to handle it,Alao they have nin.children of their own to un the pool •
lIfr.R.ed asking about pulling it over to the pIltill,but Mr.Richland aaid
there Illisbt be aOllle probl..d1gging that clo.e to the prage,it could loo.en
the six 1nch slab aa the whole floor ill on a aoUd dab,
Mr.Martineau eeked 1£the apron would be 1n additil)ll to the 16 foot dililension
of the pool.and Mr.ll10hland oaid it would be,
There lIlls no further llUpporl and no oppoei tion.
The Bea:rd voted unan1110uely til approve this requeet,
APPEAL OF ANDREW D.LAMME!
Appeal of Andrew D.LaNII.e ••eking a variance froll Section 13.67.Swi••int;
Pool.of the South Burlington Zoning Regulations,Requeat is for p8lllllasi_
to construct a 16'x )2'IIWilUling pool to within five (5)teet of the
northerly .ide ya:rd.at 10 llJera Court.
Mr,lia:rd eaU thiB lIllll deaUng with the ...e Bet1».ck of 15 fe.t froll the
property Une on the side,for a pool to be 32'x 16'with a req~est for ..
setback to with1n five feet of the northerly e1de yard,
Mr,Larallee explained he has a t:raner which he hae to baok into the back
yard,alall h.doesn't want to IIOve the fireplace,He said hiB ne18hbor did
not a.elI to object when he talked to her about it.
The BOlIlrd etudied the dff...1r1 th Mx",Lara_.e pointing out what h.Wished
to do,
Mr,Reed euggasted aoYing it over five feet,eaying that going between the
p:rage and fireplace shouldll'tbother.
Hr.Myette said he wae ooncexned about the fiv.feet plus the apronl e two~
toot apron would lIan three feet frOIl the property line.
Because the drawiD6 was not drawn to scale and 1I&S dlfflcult to lnterpXlet,
OIairlllll,n Myette reoo_ended to the Zoning Adlllin1rltntor that drawings lWl~ll'e
accepted in the future unlell8 they are broughtln on graph paper,
H.theJ:I explained to Mr,Lara..e the Board'.concen tor side11ne ....riall.C88.
that although Mr.Larall.e·s neighbor 1Il1ght not object to thlll varianC8.
eOlleone else alght purchase the property and lIQuld object.
The l1\alrman then explained that the Board could vote on lt as lt is.or Mr.
laraaee could sove it five f ••t.or he could cose back with a aeale drawing
next week and .how ellJ.otly lIha t thll probl..s are.1tb.y he feele he can't go
five feet.
Mr.Martineeu explained that the Board :carely Yio1ates the ten foot s1de11ne
and tries to keep it wlthln Ilhat the ordlnaftce 1I&a 1tb.an the hOUSlila were built.
that Mr.LarllSelil 18 showing the Board the Iloat restricted al tuation that
!light exiat.
Mr.Myette aid he waa not prepared to Yote nthout a locale drawing.
Mr.Martineau IlOVed to table thlf11 request until Monday,S!lltelllber 15th...
Seconded by Mr.Reed and voted unanimously to table.
t
".
ZONING BOARD OF ADJUSTMpIT SiPTEMlER 8.1975
•
!PPF.4L OF NOIll'lAN A,CHAPPELL
Appeal of Noman /I.Chappell seeking a variance f·roll Section ll.15;Multiple
U.s.of the South Burlington Zonlng Regulation..Re,uest is for per-lsaion·
to opllrate an additional busine••froll Chappe11's Florist.1437 Williston Road.
Mr.WsX'd explalned the area is zoned ft004 and the present floriat ahop ls
presently under a use variance.The r"quest is for Mr.ChappeU's .iat-r to
operate a dating service fro.the 8&lIIe office spaoe foraerly used "by
Harv.11 Real EIlta teo
Doraey Baua deacribed the operation as being a dating service for single
persons only who cell for an appoin~ent.a.t up an interYiew,and exc.pt
for th1s firllt appointJIent llVaryWng 111 done by phon..Th.:t'e will be yery
little trafflc genezated.It ls not a franch1 ....operatioll-but sh.aald·eh.
had worked in Nelf York all SUMer with a slmllar operation.
Chalr111l1,n Myette said that because it i8 a unique opsration and is IIOt cov.red
in the Boning oX'dimanee.ths BoaX'd would oons1dn the app11cation with the
stipulation that she COBe be.ck to the BoaX'd at the end ot a yee:t'for a review.
The Board voted unenisou.ly to approve thill request with the above noted
Btipulation.
APPEAl;OF ALBERt A.&:ALICE Ct 111jj.!VEAY
Appeal of Albert A.&:AliceC.Bellveau a ••king a var1anc.tro.Section"ll.OO.
Dillensional Requir8lllents of the South Burlington Zonlns Rll6Ulat1one.Requ ••t
is for pl!l'IIllBSion to construct an attached carport 16'x 23'to withln el ....en
(n)feet of the southerly Bid.yard.at 43 Alrport ParkMaY.
Mr.Wlord aa1d the zone is R~4 with a 81de yerd r ....i:t'__t of 1.5 fe.t.The
lot has a frontage of 70 f ••t but is 200 feet in depth.The r.queat is to
oonBtruct an attached carport 16'"23'to within n'of the southerly Bid.
yard.
Mr.Beliv.u explained he has just bought a new car and has no place to keep
it under cover.The driveway is a1ree.dy paved,
The Chairman asked what prevented hill from putting a detached garage in the
back ysrd., •
Mr.Beliveau replied he wants to be able to get from the carport into tne
house Without getting out in the rain or a snowfall,He aaid the house was
wilt in 1959 by Howard Barber,There are steps leading into the house from
the driVeway side,and a carport there would Jllean getting right into the houee
Without going outside,
••
ZONING BOARD OF ADJUSTMENT SEPl'il'IBER 8,1975
•
•
The Board voted unani.ously to approve this requsst,
APPEAL OF DR.RICHARD NESTI
Appeal of Dr.R1chard Nesti seeking a variancs from Section 3.10,Pllrlllitted
Usee of the South Burlington Zoning Regulatiol\$,Request 15 for permission to
construct a single fallily dwe1Ung approx:\.nlate1y 32'x 48',also requiring a
variance frolll Section 13.70,said dwelling to be located to within sixty-five
(65)fest of Lake Champlain,location otf Pine Haven Shore,Shslburne,Vermont,
and the South Burlington City line,
Mr.'rIardpresented draWings of the property to the Board,aaying the area.in
question on the South Burlington side is Conservation-Open Space District.
a drainage ....y With the SO'setback,In addition there is a setback frOlll the
lake of 1SO feet at an elewtion of 102.5 feet.The request 15 to build a
single family dwelling 32'x 48',The property consists of about two acres,
Chairman Myette IIUIked Dr.Nest!if he purchased the property with all the
exi.ting rights of way,and Dr.Nesti replied they purcha8ed an the rights
of the previoulS owner.
Marcel •Beaudin,the architect for the Nesti's property.stated they
started off With a very difficult site but there was a certain Mount of
feasibility with certain engineering eonsiderations.if they were allowed to
build in a particular IIIllnner.They checked lIith both South Burlington and
Shelburne and have a permit from Shelburne.With aha water and sBller from
Shelburne.They approached South Burlington for their requirements,at that
tilDe not realizing they would encroach as lIlUch as they are,assUliing they
lIou1d be prilll8r11y in Shelburne.After receiving the topographical information
they realized the house lIou1d be substantially 1n South Burlingtonl it Will
be well over 50%in South Burlington.In determining the best po15aib1e
location for the house.considering envirotllllental and topographic eonsi4ln'8tions,
it would be most difficult tolocate it elsewhere.To put;it on one side or
the other of the streaJI lIou1d cause various hardahipsl would create hardship
in parking.in anow ploWing,The proposed plan of building the houee.ov.r
the stream would causa the least daaage to the bank in terms of eraeion.
Mr.Beaudin continued by saying the Nelltis bought the land ~oaullle it was
lakeshore property so they could enjoy living on the lakeahore,in tUllS of
getting access to the lake and a viell of the lake and t\1e Adirondaeks and
Shelburne Point.e'tc.Obviously.he said.they could build further back but
South Burlington doesn't have sewer and ....ter supply lIlO they are lIeeting the
requirSlDents of Shelburne in order to have their water and aBller.Also to
build further back inland would mean CIltting down more trees,Shelburne's
setback from the lake is different frca that required by South Burlington,
••
•
•
SEPTEMBER 8.1975
He·said one of the reasons they they planned the house there ...s tt keep the
protection afforded by the trees at the edge of the leke and not to 'isturb
them.The house would be bull t in the fOrlli of a bridge,abutlllents would be
designed as bridge abutment..Concerning the protection of the drainage way.
he said it had been used ae a dump for yeara and the Neetia have been cleaning
it up.The soil is fairly stable but the areas "howing erosion will be rip-
rapped.
Allked by Chairman Myette abollt water and sewer linea being exposed,Mr.Beaudin
explained they will go down in the abutment and then out.He then dlllplayed
drawings of the hOllse which will have three levels.
The Chairman .asked the rea lions why it wal!l nee.ll....ry to locate th1a hous8 in
this area specificly,at what would appear to be coneidersble expenee.Why
did they happen to chOOlle that particular eit.and were they aware of the
Conservation Open Space district..
Mre.Neeti explained they investigated it before buying it.had it Sllrveyed
before buying it,got written permission from the environmental oOllllllission,
They had seven architects to see if it could be bull t on and they all asid
"Yes."Mr.Beaudin wall the architect selected.They had the county foreeter
cOllie to look at the property to get hie advice in saving the trees and they
intimated to him where the houee would go.They had a building perMit fro.
the Town of Shelburne.She said she went to the Zoning Adllill111trator to get
the fOrllls to fill out and wos told if less than 50%of the house was in South
llurl1ngton it was all right.She said llhe brought the llUl!'Vey lll&'p an,fliapproxi-
JIl&te location of the houee to JIlr.Ward and he showed it to several people and
called the town attorney to aek him about it and said there"Wlle nil need for a
variance or $oning permit as long as lees than .50%of the house would be in
South llurlington.She did not get anything in writing froll Hr.Ward.
The Chairman eaid the plen showe about 90%in South Burlilliton.
Mre.Nesti replied the plen hae 7%in South llurlington.The architect··
thought it would be the beet place for the houee since they had to aek for e
verilllnce enyway.They purchaeed the property because they thought they had
investige.ted it thoroughly.She said she believed that pressure had been
brought to bear on town officials by neighbore.She said their contr-ctor
had found five feet of rubb1eh on the property.fresh rubbish.Also they
had found a 18llch field which ie draining into the drsil\lilge ditch and right
into Lake Champlain.
Chairll8n Myette felt that was not pertinent to the presentation.
Mrs.Neeti replied she wee juet trying to show that they are trying to pre-
Ilerve the treee end prevent eroeion.She said they had put their entire life
saYings into this propertY!they bought it in good faith I now they are left
wi th an expendve.uUlese hole in the ground.She said the Town of SOIIth
Burlington should be responsible tor their financial loell.
Chairman Myette said the Zoning Adlllinistrator hae people every day who ask
hi.hypothetical questions.
Mr.WBrd explained Mrs.Neati did come in and she had a very rough eketch of
the plan which had a very minor part of the building,probably 25%.in South
llurlington ba..ed on what they identified liS the Sl\el burne-South Burlington
town Une.After checking out with Dick Spokes and Dick underwood,we felt
there wes no probletll.
Mr.Myette asked.the Neetis if the plen preaented to Mr.\lard was only 25"
in South Burlington and now it is 75%.
Mrs.Nesti eaid they thought it would be best to uk for wbat the architect
felt wall beet.
Mr.Ward said she wee adv1aed by him to get the p..rrai t fX'llll Shelburne and she
did.It wall not until physical construction occurrecl that anyone knew there
was a penit iesued.He said he didn't hear anything about it until Diok SPOkell
called him.up.and he va81.lotly r ....b ..red dieculleing it five or llix Ilontha ago
and he (Dick Spokee)asked hiM;to go down witll him.At that t1J18 it wae not
••
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•
ZONINC BOARD OF ADJUSTMENT
established that the brook lfIla the ShelbuX'lle-South Burlington town Une •
Mr,Beaudin said there were three surveys.Mrs.Nest!added that eOlle ot the
trees on the water front were cut during the survey,
Cha1:t'l1lan Myette said if they want Shelburne serv1ces they can't atlqu1n them
without having a portion of the house 1n Shelburnel if they move 1t back they
will have 1t 1n South llurl1ngtoll and can't get Shelburne services.
Mr.BeaUdin said they could ..ove the houee )0 feet further west,also Shelburne
requi:te.s 1.5 foot side yards,they could 1I0ve the hou..,the whole house could
then be contained in Shelburne.Then they would have no room to terJllinate s
driveway to get a turn around for snow plow....
The Cha1man aeked if there was an sccus from South Burlington,say1ng ,if
the Board were to grant th1...va:tiance 1t would Ilean going befora the Plann1ll@:
Commission ae well.
Mr.Ward eaid Pine Raven ShorOl lllU"t be a town road,
Dr.NOlsti lIItated they had certainly deaonstXf,hd their good fe.ith.
Mr.Martineau asked Mr••Neeti if th15 wae a cal'le of ha,rdllhip.eayins thlt OM
of the things to be conllidered by the Board wall hardship.He said Mrs.Hesti
had stated that she checked this out very carefully and checked with Shelburne
officials and also w1 th Mr.ward,and lin those occaa1ons she wae ialkl.ng about
the greater port10n being in Shelburne.He said he missed the eross-over point
of why ill it that nOli 1I\0Bt of it ill in South Bl.lrlington.He asked her if there
was a 1II1sunde~standins on her part about the boundary.
Mrs.Nesti espl1ed they had planned to put leee than .50%in Sou\h iurl1n~on.
The architeet and eng1ne,,~thought it lIould be the llIoet fea.ibIe to put it
where it is planned nOli._.
Mr.Paul Ca~rsra stated that uplln viell1ng the llite with Mr.Beaudin,the ownere.
and the eng1nee~inVolved,he would 8&y that the site is very.111111ted,with
phyeical handicaps.In orde~to ut1111l1e this lOS a lakesids lot llnd coniitruct
III foundation on it.the only location is the location Mr.Beaudin has chosen.
To go baek,:fIlU would no longer have a lakefront lot,you lIould be in tile
woods.The only way to construct is in the ....y proposed.
M~.Martineau asked Mrs.Neeti if for sev"rlll lllonth8 she ASllUllled she wOlll.d
have Iloat of the houee in Shelburne.
Mrs.Nest!~eplled "Yes.Ovsr,5O%."
Hr.Martinllllu ea1d if this wae BOlllething they dec1ded to do without cbedking
where it could be located,at what pllint did this hardship come,they lIast
have had a proposed location in mind whe~e thia ehedol-would be.
Mr.Beaudin explained when the topographical survey became ava1lable.it was
poee1ble to locate the house th1e way.
Dr.Nest!said when you look at prol'erty.it looks one way,when you go-down
the bank it looks another way.He said Mr.Beaudin was the one who sUdd.eJ:y
told th.they had too ..uch of the hOIl ...in South Bu.rl1ngtoll.
Mr.Martineau told the Hellltta their ent1re preeentation waB beins made upon
Ilisinterpretation by Mr.liard.and pressure On South Ilu~l1ngton officials
and none of that is pertinent;they silllply thought they were gains to build in
Shel burne.
Mr,lIeaudin elCPlained they located the houee on the site i~respect1ve of the
town linea,then they had the surveyor locate it for them and put it on -tlte
map,It ill phYlllcally poseible to put it 1n Shelburne,he Mid,but there
would be extrellle ha~dship to put the house either totally in Shelburne O~
totally in South Burlington.
There wae no further support for thie appeal.The ChaiX'lJl8n aeked if there
was any opposition.
Mr.Bob Herge ll"-ted he wae the abutting property owner and s ~esident of
Shelburne.and reearding the location of the house in <::lose proxim1ty to
The Board voted unan11110uely to deny Dr.Nelli'll'.appeal,
the lake,he didn't really look forward to look~ng out his l1v}ng.rotlll or off
his deck at Mr ••Nesti's house.,If that is the only alternative he has,that
is fin.e.but looking at the property hillulf he would certainly NY there b
substantial roo.in SOuth Burlington to plaes the houae and he eouldn't see
lIhere thsre was a significant hardship to crosa the ravine.He .....id ..he felt
'the houlle ought to be 1I0Ved back lIore 1n line with the rest of the hauee.,
Bill Murrey,h'esidsnt of Pine Haven North Associates.presented a c;opy of a
survey to the Board.
Mr.Beaudin said that land is in disputt\Pin.e Haven Shore clai..s it owns it,
Dr.Nesti owns it.
Mr.Myette &aid it liaS not pertlnent to the issue.
Dr.Nesti ....ked if they paid taX811 in South Burlington.and was told that was
not pertinent to the que"tion./
IU'.Murray called attention to discrepancie..in d1.ensions of the house in
Shelb.trne and what was shown on the present plan.He !laid this would affect
everybody frOJI the Warren ThOllpaona over,if the house were to be..bun t
lIhere they want it,There is plenty of roo.and a way could be gotten into
the property to build in South Burlington,
Warren Thompson Aid he trted to coile in with an entirely open lIind,but
all far all he could see there is no rOlll.on to pIIt that house 1n that'particul..r
location other than the enjoyment of the amenities th..t psrtic¥lar spotllight
provide,but it lIould duage ..n the other property,and it Ilhould be placed
in 'a spot whiCh lIould be consistent 111 th the other ho..es in the a:rea...
Mr,Beaudin said ona point was well taken.that the house _ght beset lIare
ln line with the other hou.es.but 1t would Ilean being in South :Burlington
wi th no sewer or water.The other houses have achieVed their view by taking
out the trees I he didn't teel they had It right to take out all the existing
trees to get the view.
Mr.Murray said that originally lIhen these houses were built,he beUe'led
this was all pasture and meadow land.It wae an old tara ..nd ..tunlly the
rubbish wa ..broUght down there.He said they had endeavored to plant more
trees for soreening after 't/1cks and Georgia Pacifio calle in.
Chairun Myette explained the Zonin/!Board of Adjuetllant is a.quasi-lapl
body and has to lII&ke its jUdsmenta balled on f1 ve cr!tert.lIhich he read aloud.
He then referred specifioly to the criteria concern1ng unique physical clreum-
lltanc::es or topol'!r&ph conditione ca.ue1ng unnecessary hardsh1pI the one saying
there wal'no possibility that the property can be developed in etrict con-
fOI'lllity lIi th the :aoning regulations,and another that the lIIinim\lJll vari..nce
lfill lllean the lent lIlOdifieat1on po15sible.
Mr,Carrara eaid this lot certainly has unique physical characterilStics.It is
a lakeshore lot and there should be ..t leaat a vie"of the lake,
The Chairraan replied the Board can't consider that.The lot she will hold
a specif1c piece of property,The Board has to look at the entire lot.
Mr.Can-ara explained thIS rea.onable uae of the lot is for a lakeshore loti
to put the housa further back llleana cutting the tree.dOlllll there lIould be a
trellendoul'eroeion probl..He lSlAid in hill opinion the only place to put a
housa on the lot 18 in the proxilli ty of where it has been located,The
quality of the lakelllhore lot would be lOlllt by putting it l::e.ck further.
Mr.Beaudin lIaid South Burlington granta a lot of variances for awil1llll1ng
poole,and they are not talking about a 81110ing pool rot a houee.It "wiDlng
pool 1s not really a.requlrlllJlent as 1J1portant as 1t is to roild a.houlle where
there is Ilewer and water.
•
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•
•
ZONING BOARD OF ADJUSTMENT---§.~EMBER 8,1975
~
Appeal of Ellllwood MeDlorial.Inc ••Jall.a Meunier seeking a 1I8riance frolll_
Section 13.00,Non-confoning Uses and St1'\lcturea of the South Burlington
Zoning Regulations.Request 18 for perlllisl!lion to alter a strllCtllra.-'by an
extension to the northerly side of approxilll8tely 8'x 20'.the relocation of
the kitchen to the second floor and an addition to the front of the building
of approxill&tely 9'x 28'for the purpous of operating an undertaking estab-
liShment,abo req1.liril18 a variance trOll Section 11.15,Multiple U..",request
to use the second floor for a dwelling unit and operate an ambulance service,at
10 Patchen Road.
•
••
~N1NG BOARD OF ADJUSTME!!!
APPEAL OF ELMWOOD MEMORIAL.t-l!iC.,JAMES MWNIER
SEl'TEMBER 8•.l2Z.S.
•
•
Mr.liard presented drawings of the property shOWing floor plana and elevatione.
He said the area is llUsineee Retail now and the st1'\lct1.lre has heen 1.lsed BS a
single family dwelling,now non-conforllling as to 1.lse and also .ethaeks •.
The alteration proposed is to conetruct a new eection to the front of the
building which will h01.lse the office,remove the k1 tchan from the fiut.floor
to the second floor,add an O1.ltside stairway.attach the prage.pl1.l...afto~her
addition 20'x 8'to the north side.'lbe garage now hacks 1.lp to a porch.
The esti.ated cost of alterationa 1s hetween $8,000 and.$lO,OOO,_tae fair
llarket value a&listed is $2l-.900 juat for the wilding.Til'prope8&l is
that the lower part whichWlljflVd as a eort of annex to In.weod M...o..i ....
The upstairs apartllent would be u ..d by one of the Ilembera.ef tbe eorpctration.
The building is non-conforming,but the addition will encroach a.little 1Il0re
into the front yard.He said funeral service ie allowed as a use in Business
Retail.-
Mr.Ward said there is no propoBlll for parking,the req1.lir..ent 1&for 17 care.
1.leing the eerviee establ1shllent reqUirement.
He explained there is an expansion,an alteration.and an additbn.If ~e
applicant wanted just a funeral home with alterationa not to exceed liS"of
the IIl8rket value,he could do it without a variance,the u.e 1e eonforaing.
llUt the Jl1.l1tlple use.setlack8,and percentage of alterations muat he con-
sidered,also the BlIIbulanee service would be another us••
Mr.Meunier 8&id that hecs1.lse South Burlington doesn't have a facility of
this nat1.lre they felt it W01.l1d be B servie"alao that the aJlbulanee eervice
1.&always a part of a funeral ho_e operation.The upetaira apartlllant would
be used by one of their people because they offer 24-hour l18rv1ee.They don't
90 any emergancies.only tran.port eervice w1th their a.bulanee,pre-scheduled
tran.port,b.lt they do have equiplllent and training to cover ..ergeneies if
necessary.
Chairun Myette said this conforaa in that it 18 allOWed in the zone.but it
must Ileet oertain other criteria.
Mr.Trovllle aald they had looked for a place 1n South Bu.rl1ngton for nine
months and f1nally found this location,Lot size was a conee~hecauae of
parking.and the reason they have allowed for fever plIrking splice.is 'beeauee
they ..nted to have gardens and keep the tree in front.They could very
eaaily put in 10,15,or 25 .paces 1f it 18 nece.aery to do that.Also they
wanted to leave the lot so ae to allow for loading and unload1ng without
having to go into the street at aUf by building a pall extenlion hetween
the prage and porch it would enable th..to have a reap g01ng up into the
.ight foot wide haUny and than into another hallway and into the two
separate parlon.He said this ....the hest plan they e01.l1d cOile up with to
use all the availahle space.They 1f01.l1d ancloee the front porch to bulld an
office.
•
••
•
•
Mr.TrovlllJe explalned the dralf1np to tile Board and Rid U'-lI&e a atter of
trying to ..ke the front of,the houee look attractive••The activity would be
priarlly fin the ngrth eide.He explalned thelr plan for 11ning up for the
fuReral procdeion.• •
Mr.Ileed que.tioned the addi tion in the front,Baying they would be only
21 feet off Patchen Road.
Mr.Martineau aeked about the aRbulance .ervlce,vould there lie a eeparate
vehlcle etationed here and would they do eaergency eervice froR Ilere.
Mr.TrovlUe aaid it lIOuld depend on the needl they thought 1t would be good
to have one ln thie area.
Mr.Martineau aeked U'ordillarlly they lIOuld not be daehll1f11 out at all.lloure
on BIlergency eervice,and Mr.Troville repl1ed thle would heve to b.coordinated.
He alao referred to the fact that no preparation work would be done here,1t
lIOuld be only the elte for funeral .ervicee.
Mr.Ileed aaid he lIOuld 11ke to look at 1t apin.
Mr.Meunler euggeated that they could notify the South !ludington Police
Departaent whenever there vae a funeral.
Mr,Martineau aoved that the Board table thie appeal.Seconded by Mr.Reed
and voted ullanlRouely.
Mr.Meunier lI&e told to coae lack next Monday at S 0'clock.
~PPEAL OF CHARLES HUBBA@
...:'/I'to '.
The Board dbcue..d the requeet of Charlee Hublard to table once a8&inll18
requeet.Mr.Ward preeented an opinion fro.Dick Spokee reprilng.thle.
Mr.Ward alao ..ld he tried to contact Mr.Hubbard but he .a out of town.
He aleo .1d he understood Mr.Farrell hae a new lawyer.
•
Mr.Jlllartlneau ROVed that the lloe.rd postpone the requeet until next Monday
night.
Mr.Reed aeked to &IIand lt to etete thet Mr.Hubbard ehould be eent a letter
..ylng the lloard lf1ll hear lt at the next .eetlllg reprdleee of anything.
Seconded by Mr.Reed and voted unan1aoualy foX'approval.
Mr.Martineau ROVed that the .eeting be adjourl1ed.Seconded by Mr.Reed.
The meeting lI&e decleX'ed adjo\lX'Ded at 7130 p.R.
l /"""",/(-;:~~~-
CleX'k,
Acting on a reauest from Attorney Peter Pichli-(representing Mrs.Ruth Farnham)the
1'\1"1".,,1 of Mrs.Farnham was withdrawn.
••STATE OF VERHONT
COUNTY OF CHITTENDEN
Findings or Fact
Be:Appeal of Dr.Richard Nesti
On the 8th day of September,1975 the South Burling-
ton Zoning Board of Adjustment e~,~-~denied the appeal
of Dr.Hichard Nesti,80 Austin Drive,Burlington,Vermont
Propertx location,off Pine Haven Shore Drive,Shelburne,.
Vermont on the City line.based on the following facts:
1)There are no unique physical circumstances or
conditions,
•2)There is a possibil1 ty that the pro~erty can be
,,
•
3)Does not represent the minimum variance that would
afford relief.
~)Proposed building can be constructed in an area not
5)
&-<;;:;...~_/-_..------
ZONING BOARD OF ADJUSTMENT
••
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of John!jj Cblapd
On the _8th day of September ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~'€'ti-the appeal
of Mr.John Richland,21 Orcharg Road,South Burlington,
yeUQnt_______________~based on the following facts:
1)Represents the minimum variance to afford relief.
Narrow lot set-orf under different dimensional
requirements.
3)Confo~ms with Section 4468 of the Vermont Planning
and Development Act.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of MEl Albert Beliveau
On the 8th ,day of September ,1975 the South Burling-
ton Zoning Board of Adjustment approved ep-~eR~ea the appeal
of Mr.Albert Beliveau,~3 Airport Parkway,South
BurlIngton,vermont '
______________________________based on the following facts:
1)Mjx;dwJ1W Varianc.e ;possible to afford reJjef.
2)Meets dimensional requirements o~previous ordinance.
3)Conforms wHh Section 4468 of the Vermont Planning
and Development Act.
4)
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ZONING BOARD OF ADJUSTMENT
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••STATE OF VERHONT
COUNTY OF CHITTENDEN
Flndings of Fact
Re:Appeal of Norman Chappell
facts{
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On the Bt;";day or September ,1975 the South Burl1ng-
ton Zoning Board of Adjustment approved er-de~~ed the appeal
of NQr;r:an Chappell -DOllsey Baum,1437 Williston Road,
J'outh Burlington,Verr"ont________________~based on the fo11owlng
Will not alte.I'the essential character of the
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surrounding area.
2)Building designed to allow for more than one use.
3)Conforms with Section 4468 of the Vermont Planning
and Development Aet.
4)
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Chai
ZONING BOARD OF ADJUSTMENT
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••STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Ver~ont Broadcasting co~P.
On the 8th day of September ,1975 the South Burling-
ton Zoning Board of Adjustment approved ep-QQR~~Q the appeal
of Vermont BrQadcasting Cgrporation,Mr.Frank Balch.
Joy Dr i VEil,Sou tb pur];f ngtqo.Vermqnt
_______________based on the following facts:
1)Lot is irregUlar,set-off under a pre"'9X~sting
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subdivision.
2)Represents the minimum variance to afford relief •
3)Good use for the property,compatible with
surrounding uses.
4)
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ZONING BOARD OF ADJUSTMENT
ZONING BOARD OF ADJUSTMENT
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The Zoning Board of Adju3tment held a meeting on Monday,Augu3t 4,1975,in
the Conference Room,Munioipal Office BUilding,1175 Williston Road.
MEMBEllS PRESENT
Richard Myette,Chairman I Frederick Fayette,Jr.,Robert Martineau,
J.Everett Reed
MEMBERS ABSENT
Alan Sylvester
QI'J!§!l!i PRES ENT
Riohard Ward,Zoning Administratorl carlene Gonyeau,Roger Gonyeau,Everett
R.Allen,Roxie M.Allen.J.Croker.peter Arnell,Glenn ClaulSen,Margllret
O'Brien,Mr.and Mrs.John Slattery.Robert Petrie,Steve Schu3ter,Robert
Bensen,Riohard ClIidy.Jr.,Mary M.Cady,Arline F.Barovick,L.Philip
Pomerleau
APPEAL OF MUTUAL TENNIS,INC ••Scott Hendereon
Appeal of Mutual Tennie,Inc ••Scott Henderson,seeking a varianoe from Section
11.00,Dimensional Requiremente of the South Burlington Zoning Regulatione.
Request is for permis3ion to construct four additional courts.structure pro~
posed will be located within sixteen (16)feet of ths required rear yard,slso
permis3ion to construct four (4)paddle tennia courts to within eighteen (18)
feet of the southerly side yard,in addition Mutual Tennis.Inc.is seeking a
variance from Section 1).,Off street parking,request is to eet off seventy
(70)parking spaces which is under the minimum required,at Cross Courts.75
h.rrell Road.
Mr.Ward said the area is zoned "Business Planned Developlllent.The request
was tabled at the July 7th hearil'lI\'_The rear yard requirement is for )0 feet,
they a.re talking now about 16 feet.In terms of one parking space for every
100 feet of noor area.they would be required to have 720 spaceSI they now
have ?O.They wish to relocate two courts and put in two more.There are the
two side yards,the lot oo"erage.and the parking to be considered.The size
of the proposed building would be 120 feet ~225 feet.
Ths Boa.rd members stUdied the drawing presented to them.
Mr.Schuster aaid they were requesting a 16 foot setback from their rear property
line I the property line borders on s right of way owned by Mr.Farrell.The
18 foot side setback also adjoins Mr.Farrell's property.
Regarding the problem with the neighbors to the north,Mr.Schuster aaid he
met with them twice,primarily with Mr.snd Mrs.cady whose property is
affected the most because they have no scfeening in the rear of their lot.
Cardenside Nursery was contacted with regard to screening.Mr.Wollaston
suggested that seven white spruce be planted in between the pine trees now
planted.Closer to the building he suggeeted fhe Willow trees.That should
take care of their only real natural barrier problelll,Mr.Schuster aaid.
Regarding parking,he said if they should increase to ten courts and if it wss
under maximum use at sny time.that would be 40 people,a.nd they would have
provision for )0 spaces for paddle tennis facilities.There is no trouble
in controlling the parking.
ZONING :BO~F ADJUSTMENT ~GUST 4,127 5
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Chairman Myette asked about the overlapping cars,people waiting for courts.
Mr.Schuster replied they would need 80 spaces to-accommodate those playing
and those waiting if everyone came in his own csr.
The Chairman asked where they would be able to accommodate additional parking
if they do run into a parking problem,and Mr.Schuster replied they would haVIl
to buy additional land.
Mr.Myette asked what assurance the Board would have that there could be
additional parking.
Mr.Schuster said it would hard to see lll8x1mulll use of 70 spaces.The average
number is around 35 at the very most,at the peak hour,with all four cOl.lrts
going at one time.
Mr.Martineau said maVbe this should be approached on a percentage comparison.
on what is the percentage of increase in courts.
Mr.Schuster said they now have six courts and will go to tenl they have 50
spa ceS and will go to 70.
Mr.Martineau said the increase is not in proportion.
Mr.Reed suggested the elimination of two paddle courts to provide parking.
Mr.Schuster there would be land if they absolutely needed it,immediately
south of the building and east of the office.and they might have S()lIIe space
in front.If abMlutely necessary they could provide an additional 20 spaces
on the property.
Mr.Myette said he thought the Board has to decide on a ratio per court.
Mr.Schuster said the national average per court is 6 spaces per courtl that
would be 60 spacesl he said he didn't know the average for paddle tennis courts,
would probably be less.
The Chairman said the ratio would be for 14 courts x 6.
Mr.Schuster said they could add 15 spaces without any hawship st all.There
would be at least an additional 200 feet,and abour 40 feet in width.about 800
square feet there.
Chairman Myette told Mr.Schuster he would destroy the aesthetics of the build-
ing and "ould have trouble at site plan review.He suggested moving the paddle
tennis court,.to provide more space.
Mr.Schuster said Mr.:Benson subleases land from theml if the paddle tennis was
pushed to the rear it would pretty nearly knock him out of the vision of the
passersby,blocking him visually,but if Bob would agree to that,he himself
would be happy to.
Mr.Benson said he would be willing to move one court.
Mr.Schuster said they would agree to have three courts here and move oneback.
Regarding sidelines and setbacks,Mr.Schuster eaid Mr.Farrell doesn't want to
sell the land or lease land to the south at all.The land to the .~~is no"a
right-of-way and he would presume any development of any of this property would
mean that would beCOme sOme sort of road and didn't think the setback was of
critical importanoe.The side setback really entails paddle tennis courts;it
is not the same as a building.He said their piece of property borders right
on the right-of-way.
Mrs.Barovick said she felt this to be a definite aseet to the community.In
owning a duplex,the best way ~s to get tenants for it is to show them the
tennis courts and they are very pleased.She said she felt there ie always
another "ay to look at something;it doee increase the value of your property
to be close to something that d08lil increase the recreation available to the area.
Also being in real estate,she ~knew that if you have to be next to commercial
property you could have a used car lot,a warehouse,Ii number of things that
would not be an asset --you have to live with its being commercial property.
Another neighbor said he really didn't feel it to be an asset because their
AUGUST 4,...l2Z2
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assessment had diminished since they purchased the house.He said he ~nted
to be sure there could never be any parking sweeping around in the back.
Mr.Schuster said they would never have parking in the backl it would be physicllly
impossi bl e.
Mr.Fayette asked if there was any reason Why the tennis court could not have
been moved into that lot,leaving this ares for future parking and aleo COlli·
pletely preclude the possibility of parking here.
The Chairman replied that architecturally it would be illlpossible.
Chairman Myette then aeked Mrs.Cady if she was satisfied the screening liaS
going to be adequate to proteot all the neighbors,not just herself.
Mra.Cady said she was satisfied with the work Mr.Wollll.llton did.He t'lld them
not to plant anything on their own lot.the lot size couldn't handle it.All
the planting Should be on the court land.He definitely suggested leaving the
existing Christmas treesl they will grow within a five-year period and will be
prettier.One thing they do find very objectionable is the fact that it is not
maintained.They have go t to get in there w!!h a push lawn mower'and trim.
Mr.Ward said the maintenance is as important {he in!tial planting.
Mr.Schuster said he had no objection to keeping their bond in force for another
yesr to insure their maintenance.
The Chairman said the $3.000 has never been used.
Mr.Schuster said they will spend the $1500 and the $),000 bond will remain.
Mr.Ward said the City didn't exercise the option to pick up the bond.It is
not the appelant's faUlt.
Mr."Myette asked Mrs.Cady what the proposed original 6creening was.
Mr.Cady replied it called for six foot pines and a lot of them died,so they
came back IIi th spruce.
Mr.Ward said the original plan did call for six foot pinesl six or eight feet,
60me of them diedl the:t'e were too many maintenance prob18l1ls.
Mrs.Cady askea hOIl long there would be uintenancs protection as far as they
were concerned.
Mr.Myette said he lIould suggest to the Board that they get a maintenance
contract before approving,but they are not entitled to maintain this contract
ad infinitum.He 6aid they could leaVe the screening to the Planning Commiseion
because what theY in6isted on at their 6ite plan review has not been dons.
He said he 1I0uld euggest withholding the permit until the screening is done.
Mr.Schuster said some of the screening wouldn't be able to be done until spring.
Mrs.cady said Mr.Wollaston said he could put in the pines but the willows
should be planted in the spring.
Chairman Myette said he wanted to see the original screening put back in properly.
Mr.Schuster said he would happy to subllli t a contract con6istent wi th what was
said tonight and whatever the Planning Commission requi:t'ed of them if the rest
of the request is approved by the Zoning Board.
The Board agreed that if the request was approved,the following st1pulations
lIould be includedl J,minimum of 88 parking spacesl a maintenance contract for
upkeep of the grounds and screening and landscaping in generall and a contract
acceptabl e to the Zoning Adm1nistrator involving the site review cOllllllittee's
recommendations for screening of the building on the north sidel and a stipulation
also that no parking ever occur on the north or west side of the building.
Tbe Board voted unanimously to approve Request #4 of July 7,1975,dealing with
the lot coverage.
The Board voted unanimously to approve Request #l of tihis agenda.with the
above noted stipUlations •
Appeal of Robert L,Peters seeking a varianoe,from Seotion 11,00,Dimensional
Requirements of the South Burlington Zoning Regulations.Request is for per-
mission to construct an 8'x 24'addition to a dwelling unit to within fourteen
(Ir)feet of the required front yard and ten (10)feet from the therly side
yard at 12 Dumont Street.
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ZONING BOARD 01<'ADJUSTMENT-.
APPEAL OF ROBERT L,PeI'ERS
~UCUST 4,1975
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Mr.liard said the area is zoned R-4 Distriot with required setbacks of 30 feet
for the front yard and 15 feet for the side yard.Existing front yard Betback
is 17 feet and existing side yard is 10 feet.
He indicated on a drawing the existing structure with closed-in porch,The
proposal,he said,was to take out the poroh and COllie three feet beyond that
which would come 14 feet from the property line.He will maintain the same
sideyards which are 10 feet and would be 14 feet from the front 11ne instead
of the required )0 feet.He wants to remcve the enclosed porch which is 5 ft.
by 24 ft.and construct a new addiUonal whioh will be part of the house.
Al Provost who accompanied Mr.Peters explained the eXisting poroh is rotting,
it needs to be torn out and bull t over again anyway,so rather than just putting
a porch back which they never Use,he wants to go ahead and put 1n a foundation
an~come out another )feet.
Mr.Martineau asked how old the house was,
Mr.Peters said about 39 years old.The thing was that the porch is rotting
and he doesn't want to build another porchl he is just asking for 3 feet more
from his present foundation.
The Chairman said the problem was having it out of line with all of the other
properties on the street.
Mr.Peters said it Wouldn't pay to spend the lila My for another porch.
The Board studied the possib1li t~es from the drawing and Mr.Myette asked Mr.
Peters why he needed a bigger liVing rOOlD,He said he was not concerned about
going to the limit of the porch but was concerned ahout going fu:rther into ths
front yard.He told Mr.Peters he hadn't shown the Board that he needed an 8
foot va:riance when he was supposed to be back 30 feet from the road,he was
asking for a 16 foot variance.He also told Mr.Peters he could repair the
porch but he coild not rebuild it without a variance from the Zoning Board.
Mr.Martineau said Mr.Peters was making more living room and he didn't have
any serious problems --he wae living there now as it is.
The Chairman said he thought Mr.Peters could get acceptance of replacing what
is there now,
Mr.Fayette asked if there was a pa:rtioular reason for the construction that
the Board hadn't heard yet.
Mr.Provost said he 1s going to tear off the porch anyway,and cost-wise it
isn't going to cost that much more to go with the extra 5 feet.He wants to
put in a heatilator and they would have to relocate that.On the side where
the addition is going,there is a one-story roofl you can't put a smoke stack
right next to the building.The structure 1s now two levels and 1f they can
keep as far away from that building &5 they can,then they can put in the
h eatlla tor.
Mr.Fayette asked how long they had owned the property,and Mr.Peters said
11 years.
Mr.Reed said he would go along with replaoing the 5 feet but he wouldn't go
along with 3 feet more.There was no further support and no opposition.
The Boa~d voted unanimously to approve the request with the stipulation that
he not build any closer to the road than the existing porch is-now,He can
tear down the porch and enclose for the area which is existing.•
ZONING BOA aD 'tE.l12J::.,:U""S;.:.TM""ENT=~UGUST 4,1975
APPE.4L OF JAMES E.CROKER
Appeal of James E.Croker seeking a variance from Section 11.00,Dimensional
Requirements of the South Burlington Zoning Regulations.Request is for per-
mission to construct a 14'x 17'enclosed porch to within five (5)feet of the
westerly side yard at 45 McIntosh Avenhe.
Mr.Ward said the area is zoned R-4 with a side yard requirement of I;feet.
Presently they have an attaohed garage constructe<!under a variance in 1960
to wi thin four feet of the westerly property 11ne.The proposal is to build
a sc~eened porch 14 x 17 to the rear of the garage.right behind the garage,
5 feet from the line.
Mr.Croker said they W!lnt a porch and thh will also serveln the winter as a
storage area for summer furniture and things of that nature.Would be an
enclosed porch about 6 feet high.He explained that moving it over would cut
the natural daylight from the kitchen.He stated he has six ohildren.
There was no opposition and no further support.
Mr.Reed said he had spoken with Max Reed and he has no objection.
The Board voted to approve this request Qy a vote of 3 to 0,Mr.Reed said
he was abstaining because the neighbor.Max Reed.is a relative.
APPEAL OF EVERm R.AND ROXIE M.ALLEN---------
Appeal of Everett R.and Roxie M.Allen seeking a variance.from Section 7.00
Permitted Uses and Section 11.15.MUltiple Uses of the South Burlington Zoning
Ordinance.Request ill for permission to operate a lea~ning center for children
and in addition to operate a professional type use from the same building
located at 930 Shelburne Road.
Mr.Ward said this is the Julian Goodrich building and presented a drawing
to the Board.He eaid the area is zoned BR District and the learning oenter
operation that is proposed is not anywhere in the permitted UlleS.They would
take in three to six year old children during the day and after that they want
to have other people use the building.perhaps a dance studio type of operation.
in the Bame space in the building.
Section 11.15 prohibits mUltiple uses,he said.
Mr.Allen explained they are planning a different type of school,the Montessori.
which is a controlled program where the teacher controls the environment.The
child learns by his own doing.They will operate 9 to 12 and 1 to 3 and pri-
marily the load would be about 30 children,They are locked in by state law,
he said,to no more than 45 or SO.They would probably transport quite a few
of the chUdren and would not need many parking spaces.The primary use
would be in these hours.In the off hours they would poslSibly USe it as a
dance studio and for acrobatic etudents.Theee things are not firm yet.They
would be using it Saturday but not Sunday.
Mr.Allen explained they had to get the Zoning Board's approval in order to
get the State's approval.They have to have the Zoning Board's variance to
buy the building.They have to meet the State regulations regarding exits,
fire alarm fixtures,reconstruction of bathroom facilities,and will be going
by State educational facilities.
Mr.Ward gave the Chairman a copy of the plot plan •
Mr.Pomerleau said Julian Goodrich had been parking ten cars there and they
(the AlIens)don't need that many.
Mr"Ward explained again there is no permitted use for that t,pe of thing.
Mrs.Allen explained this i6 just a program where they teach.They don't
serve any meals or have children stay all day.They are nt'lt playing in the yard.
There will be different periods of time they will be there.
Asked about recreation,she said it is not that typs of programl no recess.
rt is essentially the same as presently on Hinesburg Road but a more programmed
sch~ol than what they had bel~e.
Mrs.Allen described the Monesori method and said she would be training her own
staff sO the program won't lOSe its basic structure.Children will be coming
from surrounding towns with the parents doing some of the car pooling.She
said this would a little different from the program she had before.
There was no further support and no oppoai tion.
Mr.Fayette said he questioned the problem of multiple use,as he was not
sure it would really be a mUltiple use if each of the other uses were a learning
function.
Mr.Reed said he could see a parking problem.A dance class would mean more
cars than this type of nursery school.
Chairman Myette said the pick-up time is a problem and Shelburne Road is a
problem,but hll is not sure that the Board is in a position'to take that into
consideration.Other than that he considered it a good use.
Mr.Myette told Mr.Allen the Board was concerned about the parking aspect
and Mr.Allen replied that on Hinesbur&Road they had not more than four cars
at a time.
Mrs.Allen refe=ed to the concern of cars pick1lDg up dance students,and
explained that if thllre wss an overflo"on Tanglewood they might want to take
some of the overflow down to their building.
Mr.Myette suggested approving the use of the school only.
The Board voted unanimously to approve the request with the stipUlation that
it be limited to the AlIens'U6e and any other use would have to have a variance.
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~ING BOARD OF ADJUSTMENT AUGUST 4 1 1975
APPEAL OF ROGER GONYEAU-
Appeal of Roger and Arlene Gonyeau aeeking a variance,from Section 11.00,
Dimensional Requirements of the South Burlington Zoning Regulations.Request
is for permission to construct a 24'x 24'garage to within five (5)feet of the
westerl;w side yard at 21 Patrick Street.
Mr.Ward said the area is zoned R-4 and the sideyard requirement would be 15
feet.The Gonyeaus want to build a 24'x 24'freestanding garage wi thin 5 feet
of the properjrline.The lot has a 75 feet frontage and 150 feet depth.It
ia a ranch type housel they have no garage and are ueing the driveway.
Mr.Gonyeau explained his house is 15 feet from the line and to have the garage
15 feet from the line would mean putting it in the middle of the lot and putting
it way in the 1Bck of the lot.
Asked by the Chairmen if he could go 5 feet over.Mr.Gcneay said he didn't
think he could without removing a tree,a willow tree 10 or 12 feet high.
Chairman Myette explained the Board is willing to have a little flexibility
in terms of making it as convenient as possible.A judge would say there is
plenty of room for a garage and he wouldn't have to go 5 feet from the line.
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Mr.Myette told Mr.Gonye,u he was asking for a sUQstantial slze garage too,
and asked if he needed that large 'a garage.
Mrl Gonyea.u said they needed a two car garage and have :room to ,Open doors.
Mr.Fayette said there is a problem of moving it over because ,of the fact of
the tree;the other consideration is putting it back in some other part of the
property;he would thlnk that was more of a deflnite pOllsibi1ity.Regarding
the size of the garage,maybe a 20 foot garage would give a bit more on the
sideline.
Mr.Martineau eaid those lots are very narrow/they were set off in the early
SO's.
The Chairman said that voting on this as presented,it would not have a very
toDd chance of passing,
Mr.Martineau asked about having one door,and Mr.Gon~w said he had looked
at,then but didn't like them.
Mr.Martineau sald it wouldn't be seen from the street,and knowing the area he
would be willlng to talk about 8 feet.
Chairman Myette said he would compromise to 8 feet.and Mr.Reed said Mr.
Gonyeau might miss the tree with 8 feet.
Mr,Slattery.saying he was the next door neighbor,said they have an existlng
noise problem or proximity problem,that being the bedroom side of their house.
They Would like to keep the garage as far away as possible because they already
have a noise problem during sleeping hours.This would be a pretty large
garage and once it Is in place they wouldn't have much control oVer the prudent
ul;e of that property.He said they have resided there for 9 years and have no
reason to believe it is going to be used prudently.
The Chairman told Mr.Slattery he would have to be more speclfic as to why a
garage is golng to be a detriment.
Mr.Slattery $Sid if it going to be a workshop the doors would be banging up
and down,
The Chairman said the request was for a garage.
The Board voted unanimously to approve this request with the stipulation that
it be not less than eight feet from the westerly line,
!IT§h1 O~'MARGAREt'M.O'BRIEN
Appeal of Margaret M.O'Brien seeking a variance from Section 11.00,Dimensional
ReqUirements of the South Burlington Zoning Regulations.Request is for per-
mission to construct an 11'x 22'family room and an 11'x 22'attached garage
to within twelve (12)feet of the requlred rear yard at 33 Hayden Parkway.
Mr.Ward $Bid the area is zoned R-4 District with the proposal being to remove
the existing garage and construct a family room on the same location.Tije
~rage is presently 22 feet from the line,It is also prop0l;ed to add an 11
foot by 22 foot garage wlth a breezeway to Within twelVe (12)feet of the
property line.
Miss O'Brien explained their four room house just isn't big enough and she
wants the extra room.She indicated on theoRirl'wing just what she proposed to
do and explained there was no one living on srde of her lot.
The Board voted unanimously to approve this request.
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ZONING BOARD OF AD~m
APPli'AL OF CHARLES HUBBARD---
The Chairman read a letter he had received from Mr.Hubbard asking that the
Board reconsider the vote of July 21st when the appeal of the Court.Club was
denied.Mr.Hubbard
Mr.Ward said "'l'Ie~'l:ette came in Tuesday and Mr.Hubbard had asked that it be
on the next agenda.
The Chairman didn't feel the Board could hear it again unless there was some
substantial new eVidence.
Mr.Ward said the Board could decide whether or not it wants to have another
decision.It is already set up for the next meeting,he said,but the Board
doelln't have to hear it.It is warned for the 18th exaotly the way it was
warned originally.
Mr.Martineau :felt that by hearing it again they were leaving the dotir open in
case Mr.Hubbard came in with something new such as an agreement with Farrell.
After considerable discussion it was moved b~Mr.Martineau and seconded by
Mr.Reed that the Board Would hear Mr.Hubbard's presentation at the n~~ting•.
Because the first Monday in September is labor Day,Mr.Ward allked the Board
whether they wished to meet on Tuesday or the followine;Monday.
The Board's choice was to meet on September 8th.
Mr.Reed moved that the meeting be adjourned I seconded by Mr.Fayette.
The meeting was declared adjourned at 7115 p.m.
•BIA
CHARlES J.HUBBARD AlA
BURLINGTON ASSOCIATES I ARCHITECTS AND PLANNERS,INC.
JUly 28,1975
Mr.Richard A.Myette,Chairman
S.Burlington Zoning Board of Adjustments
1175 Williston Road
S.Burlington,Vermont 05401
ASSOClATf$
PON ALLEN ALBERTSON
HOWARD BOUCHARO
THOMAS v.S,CULLINS
WILLEM I.de GROOT
MUVIN B.FRANK
ARTHUR NORCROSS
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Dear Oi ck,
PROPOSED OFFICE BUILDING -FARRELL ROAD
I have been thinking over the agreements for granting a variance for our
proposed office building.r can understand your concern,which I had not
taken into account,that should either The Court Club or the office
building be sold,what then?
Though it is not our intention to sell,this obviously could occur.
Though we could agree not to build on the Court Club property,such an agree-
ment could not,for instance,be binding on Farrell.He will not do that.
One way out of the dilemma would be to sell our acre along Joy Drive to
Farrell and then lease it back.That could solve the technical problem of
boundaries.Farrell WOl.lld 1ike this.He could then stick it to us.And,
judging from our past experience with him,he would.Naturally,we are
trying to avoid this alternative.
But,in thinking the problem through,you,as the Zoning Board do have other
and very real control over the use of the property.r had not thought of
this angle before,but the existing use and any future use,such as a
separate office building,for example,would require so much additional
parking that,in all practicality,it would be impractical to even consider
putting another building on the leased property.The parking requirements
in effect preclUde the construction of a separate building .
P.O,BOX 986
J 1.5 COLLfGE STReET
8UIUINGTON
VERMONf
05AOl
&02 663-5573
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Mr.Richard A.Myette
July 28,1975
Page 2.
We could add another court or two,or add amenities to The Court Club
without over-burdening the parking lot,but I don't see how we or anyone
else could put a separate office building on the leased land and still
have space for the necessary parking without building a parking structure
to meet the parking requirements.South Burlington would have to change
radically before such an expensive structure could be justified.The
chance of this occurring is too remote to consider.
We acquired the Joy Drive land because it came up for sale,and,though
it was not essential to our operation,we thought it would be short-sighted
not to acquire it.This land was not cheap,and its acquisition put another
economic burden on us at a time we could ill afford it.We needed more
parking,and in the best interest of the club and better planning,the
additional land offered a good solution.We could have squeezed in additional
parking in the back of the club building,but this would have interfered with
future expansion and,because of the slope of the land,was not really suit-
able for more than just a few cars,anyway.
Therefore,the topography of the land in back of the club precludes an
extensive parking lot in any case,so it would be very questionable whether
one could consider building another structure to the south of the building
we propose and have enough land left to provide the required parking.This
certainly would not be feasible after the parking has been built that we
propose.So,I think your fear that someone someday may build to the
south of our proposed building is ungrounded.I do not think it is feasible
to build a structure and still provide adequate parking,unless it were a
structure that required no parking at all.Even an automatic telephone
exchange building reqUires some parking.
To sum up,I think your parking reqUirements do in effect give you a strong
control over the future development of the land we lease,and preclude any
development other than what we have in mind.Our situation is unique and
I doubt,that by granting us a variance,you will be establishing a precedent.
Finally,I do not think Farrell would subordinate his interests in the leased
land for any other project.We have such a statement in our agreement.So,
from the practical point of view,I believe there is little danger that
anyone would or could (because of the parking requirements)build another
building to the south of the one we propose.
r hope this reasoning of mine puts a new light on our request for a variance.
Yours sincerely,
~Hubbard
CJH/plr
•
'.
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re;Appeal or_~J~f..lm#;e",,'S"-,l~~;I.'..;r",~r~("",'k,""e""r,,,-_
On the I+tn day or August ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~the appeal
of Jamec;'·~t CrnkQr t 45 :':r·IY1ijpLjb ;'y;:~)nJ]e :=toutt"j T~uv>ling1iQp,
Vermont_____________________________based on the following facts;
1)Reasonable use of tlH:'pn-,pETty.
2)Represents the)c:Jinimu'c varianc()to afford relief.
3)Pronosed addition 'w11 I l'G located 'to rear of
eXisti"ng gar"ge whio:-:j s close:,:0 t:"e property lino.
1+)Con:frr~:ls 'witl;SectIon 4461'0:'the Vcrrront Pl;'mr.tng
and Development Act,
/j
/
ZONING BOARD OF ADJUSTMENT
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of_-.:I",,1u;;:o"r:..5...a;:;r:;...e""t......C_·'...;,·'...;-:·r:;...l;;.·e;;;n-=-_
On the 4th day of August ,19?~the South Burling-
ton Zoning Board of Adjustment approved 0i'""-den1:e&the appeal
of ],;ar:'arct O'i:'rien,33 Hayden Parkway,South :curlington,
Vermont_____________________________based on the following facts:
.".-';--
•
af :\Jcted by this val'ii;.nce.
2)Od~shape o~lot wDuld prevent the canstructior:of
•
3)
4)
Con:"or:ns with Section 1.146F of the Ve.rmont Planning
and Development Act.
/\.
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of__R_O_l_.:c_..r_t_._I_,_"_'O_p_--_t'_,r_.s _
On the IIU,day of AUf;ust ,197,the South Burling-
ton Zoning Board of Adjustment approved ~~~the appeal
of Robf'rt L.P",ters.12 numont AV8nuc.:;cutll rurlJnc;ton.
Vermont
____________________________based on the following facts:
1)Dwpllinr in 2xjstance in this location for about
•2)
1+0 year:::,no rf:~a.son.to not grant th(~addi t:i.on ..
Adell tien not to f'xtend 1wyonr:.ttl e C'xis tin,POl'cll ,
Stip'1);·,tC'(;t!:'.:a t front yard be seventeen (17)feet.
....'
,
3)Conforr:ls with Section 1+468-of the Vermont Planning
and Development hct.
4)
Chair
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings ot Fact
Re:Appeal ot Roger &Arlene Gonyeau
On the 4th day of August ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~-defto:1-ed-the appeal
of Roger &Arlene G~nyeG.u,21 Patrick Street,South
Burlington.Vermont
______________________________based on the following tacts:
1)Small lot,set off prior to ordinance.
2)Hinimum var iance to afford reUe f I s tipula ted no
closer than 8 feet from property line.
3)Conforms with Section 4468 of the Planning and
Development Act.
/
ZONING BOARD OF ADJUSTMENT
•
-.
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal Or_--lE;o.l1I.l:Te:.J,r;.te:.J.t...t....~&......E...n4x..l.jAt:.......A,,l.'U§o.lP.l.-_
On the 4th day or August ,1975 the South Burling-
ton Zoning Board of Adjustment approved or-~1ed the appeal
of J!lverett &HoXie Allen,930 Shelburne Road,South
Burlington,Vermont
_____________________________based on the following factss
1)This use 1s proper fOr a Buslness F:etall District,
no designated area for learning center.
2)Feasonable use fo1'the structure I will require
State 3.pproval and saf"eguards.
3)Conforms with Section lt46P of the Vermont ?lanning
and Development Act.
ZONING BOARD OF ADJUSTMeNT
•
•
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Res Appeal of rrutual Tennis,Inc.
On the Itth day of .'ugust ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~~the appeal
of I1JltuaJ Tennis,Inc.,Scott Henderson.75 Farrell Road.
SQuth Burlington,Vermgnt
_____________________________based On the fO~lowing facts:
1)",easonable use of pr opel'ty.serves as a good buffer
from nearby residential properties.
'.Represents the minimum variance that will afford
relief,
3)Parking requirements not properly calculated to a
tennis facl!:lity operation.
1+)Conforms with Section 1t1t68 of the Vermont Plaening
and Development Act.
ZONING BOARD OF ADJUSTMENT
ZONING BOARD OF ADJUSTMENT JULY 21,127~
The South Burlington Zoning Board of Adjustment held a public hearing on
Monday,July 21,1975,in the Conference Room,Municipal Offices,1175
W'illiston Road,
MEMBERS PRESENT---
Richard Myette.CbaiXftanl Robert Martineau,J.Everett Reed.Alan Sylvester
Frederick Fayette,Jr.
QI'HERS PRES~
Theus Ch1tten<:hm,Yvan Beliveau,Joyoe Beliveau,II,Mccaffrey,Marguerite C.
Halvosa
The meeting was opened at 5,00 p.lIl.by Chail:lllan Myette
APPEAL OF rYAN J.BELIVEAU
Appeal of Yvan J.Beliveau seeking a variance,from Section 5.00,Permitted
Uses of the South Burlington Zoning Regulations,Requeet is for penission
to operate a retail shop,specializing in hallie crafts.antiques,etc.frolll
an outbuilding located northerly of 1600 Dorset Street.
Mr.Ward.presented a draWing of the building,saying the area is zoned AR
D1s~ict.Section 500 deals with permitted usee,allows residential and
agricultural activities,not com.ereial.The bUilding is 18'x 25'and is
a former shed or warehOUSe.He explained Mrfl.Beliveau would 11ke to operate
a small business to sell crafts,paintings.antiques,and ueed furniture.
The property 1e on a two-acre lot.The Board revieWed it a couple months
ago and gave a variance to set off a two~acre lot for a single family hOme
or.dwelling.
Mr.Beliveau explained there would be very little capital involved as the
shed is already extetlng,would mean putting in 80me kind of floor and a
couple of windows.1I0uld basically be 8 craft type of thing.
Chairman Myette asked Mr.Beliveau to be 1Il0re specific about the operation.
the whol e concept of the bu"ineSIIo
Mr.Beliveau said his sister paints a lot,his wife paints,a friend does
woodworking,toys,etc.,tables,furniture,there would be ceramics,he himself
will do refinillhing of turn1 ture.The shop would be open from noon to six
o'clock or SOl there are tourists coming to the cider mill.
The Chait1ll&.n asked what the structure 111 preaently used for and 1'Ir.Beliveau
replied it was uaed for storage.
Mr.Reed asked if it was the red building,and Hr.Beliveau said it was.
I'lr.Martineau asked hall they were going to attract people out there.
Mr.Beliveau said there is qUite a bit of traffic on Dorset Street and they
would try to put up aome kind of a small sign.
Mr."'artineau a"ked what "seasonal"lIleant to him,and Mr.Belisveau answered
from May to January,Or sOlilething like that.They would Uke to make a partial
living from itl would hope to IIIllke a living but that might be doubtful.
The Chllirman asked if there lllll5 any further sllpport or any oppoai Hon.
Thomas Chittenden said he was their closest neie;hbor and he had no objection.
Mr.Martin.....u asked if there was anything other than the mill of a collllllercial
nature th ere.
Mr.Reed said it was part of this property.
Mr.Beliv.....u said Howard Chittenden had a plu.bing business out there
originally.
The Chaiman said it would be a pretty uriouEl precedent to start in the ar ......
Mr.Sylvester asked Mr.Ward where it was allowed as a conditional use.
Mr.Wa~explained the AR District allows only single family dwelling and
agricultural,and condi tiona1 uses are churches,educational facilities.
,ZONING BOARD OF ADJUST~JULY 21,1975
ThL~voted unanimousl}'to deny this appeal.
Chal~n Myette explained this would be setting too much of a precedent.
Mrs.Bel1v".u asked about the tack shop being allowed on HinelSburg Road,with
Thomaa Chittenden saying that had been opexsting against the regulations for
a long tillle.
Mr.Beliv.....u asked Qul.irman Myette about his interpretation of a bus1nesa in
a person's own house,and the Chairman replied this is a separate building.
Mr.Bel!veau then aaked what they could do to llppeal,and the Chairun said
they could take it to County Court,Chittenden County Court.
APPEAL OF MARGUERITE G.HALYOSA
Appeal of Marguerite G.HBlvosa seeking a variance frolll Section 11.00,
Dilllensional Requirements of the South Burlington Zoning Regulations.Request
is for permission to construct a 15'x 2~'attached garage to within nine (9)
feet of the required aide yard,at 12 Lindenwood Drive.
Mr.Ward gave the Board a picture of the houae ill qUfllltion and said the a.rea
is zoned R~4 with diJllenaiona1 requirelllents of 15 feet for side yarda,The
proposal is to construct an attached garage 15'x 24'nine feet frolll the
property line.The lot is 70'x 197'and the dwelling i"within 10 feet of
the side property line.
Mrs.Halvosa expllLined her huahand had died thirteen yeara ago,they had
been thinking about bullding a garage but after hill d_th shll had to finish
paying the lIorte;age and couldn't afford to build the garage.Now she can
afford to do so.She has been twenty yeara without a prage.All the other
houses on the street are 10 feet t"rom the l1nel thils ill where the exitsting
structures were at that tille.
C2la1I'l1l1n Myette explained that iIs what the zoning ordinance called for at
that tillle.
Mrs.Halvolil8.sa1d everyone else 1$free to have a garage clo158 to the line.
everyone ellle has a gaxsge exoept her.She added that if the Board did not
aQcept this it would be oreating an awful hardship for her because her drive-
way 1a 70 feet frOlll 1118 RiII1nnlng to the end of her house,1£she had to
build that garage there.it would be all that driveway ahe would have to
$hovel.
Mr.McCaffrey said he thOUght Mrs,Halvoaa needs the ga:rage and he haa no
Objections -~she ie s good neighbor.
The Chairllllln asked 1£ehe had considered getting by 111 th a Ill-footer,if 1t
could be kept 10 feet froll the Une without lII8king it too difficult for her.
Mr8.Halvosa said her contractor said he could do it if he had to,it could
be done.
Mr.Myette asked Mr.Ward if there were any variances from 10 feet down there•
and Mr.liard answered he didn't Imow of any.
Mr.-Martineau aeked the width of the garage as proposed.
Mrs.Halvasa indicated on the dranng what she wanted to do and the proposed
loeation of the garage.She said her contractor said it would be a llluch lIore
balanced garage the way it was proposed.but the change could be done.
Mr.Sylvester said he had no SeriOUll objection to granting a variance to the
old ordinance of ten feetl he 1I0uld like to see the maintenance of 10 feet on
each side 1£it could be done.
Mr.Reed stated he 1I01.Ild like to keep to the ten feet.
Mrs.Ha1voea asked if it mattered if it wae 22 feet instead of 24 feet,and
Chairlll&n Myette replied it would not,she could even _ke it longer if she
td~ed,therewas~en~of~~
•
ZONING BOARD OF ADJUSTMENT -!!l.LY 21.l2U
•
The Board vottd unanlllously to approve this appealtdth th!etipulation that
the e;arsge be ten feet from the line,
APPEAL OF NATHANIEL AND MILLICENT LASH
Thill appeal had been tabled at the JUly 7th meeting pending an on~s1te
inepection.Mr,Reed Iloved to reMove this f~.the table,seconded by Mr.
Martineau.
The Chairman said Mr,Lash had asked hill after their inspection all.to what
the decision lIOuld be and when it would be forthcoJt1ng.He told him they
couldn't uke a decieion at that tillle.Two or three days later Mr.Lash
called and aaked what it !light be,and Mr.Myette told hb the decillion
could not be ude outside of the n0rlll811y warned hearing process.and that
July 21st would be the date he could COile in and get the Board's final
decision on it.
Mr.Sylveater asked the Chairlll&n if he had any question that Mr.Lash did
know this Ntter was going to be taken fro.the table and put before the
Board.
Chainan Myette npl1ed he had noDI whatsoever.
Mr.Martineau said that since Mr.Lallh liaS accorded the regular opportunity
to present the evidence to the Board and subsequently added to that with
an on-site inspection,it would be evidenced f~a the conversation of the
Chainnan indicating that Mr,lash was fully aware of the Board's intentions
to vote on this tonight,and be has to the beet of the :Board's knowledge
preaented all the infoXllation available,and if a lllotion was in order he
would 1II0ve as follows I I would move tI.l!.t we do cona1der the r!Quest for
variance tonight.
Second ed by Mr.Reed.
The :Board voted unanillously to deny thi.apppl,Appeal #2 of July 7.1972'
Hathaniel and Millicent lash.
APPEAL OF CIIA!j,'LES HUBBA@.coogr CLUB
This app_l had been tabled a.t the June 16th meeting.
<llairMan Mylltte said his interpretation was that the Board had tabled this
and aeked Mr,Hubbard to bring back lIore infonnation.
Mr.liard presented a "P1"of a letter frolll Mr.Hubbard to Illlvid Farrell,this
copy to be on file.There was no knowledge of any response to this letter,
Mr.Sylvellter broUght up the utter of the tille Hllit,1+5 days frolll the tillle
of app_l.sa.ying the Board has to act on it.and obviously Mr,Hubbard feels
The Board is going to act on it frolll what it has in the record.Mr.Hubbard
had been advised to coile back at the first meeting in July.The Board is now
1n a position lIherll 1t ha"to act on 1t.He felt Mr.Hubbard lIould have been
at the meeting on July 7th 1f he had had anything to add.
M:r.Martineau moved !hat the Appeal of Chadeg Hubbard.Co\!l;"t ClUb.be taken
t'rom the tab1&and considered at this lIleetiM.BecoMed bx Mr.Reed.
The Board voted to deny th18 appeal )?Y a vote of 3 to 1,
MinuteI'ot'July 7,1975
It was 1II0Ved by Mr.Martineau that the Minute.of July 7.1975.be accepted
as presented.
Seoonded by Kr.Reed and voted unanillOusly for approval.
Minutes of June 16.1975.had been approved at the July 7th lBeeting.
•
•ZONING BOARD OF ADJUSTMENT :!..ULY 21.ln~
•
It was .oved by Mr.Sylveliter and seconded by Mr.Reed that the Ileeting
be adjourned.
Meeting declared adjourned at 5145 p.ll.
Clerk
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Marguerit'"G.Halvosa
On the 21st day of July ,1975'the South Burling-
ton Zoning Board of Adjustment approved ~~the appealorM,~lr~l]erj te 0,HaJyosa,12 Ljpdnnwood D~.~1ye,South
J~J]tJ jn~···tQn t VermQnt_______________based on the following facts;
1)Lot set off prior to ]964,meets sid",yard reguire-
•
ments of ordinance in efr",ct wh"n home was built.
2)Represents the minimum varianc\1 to afford relief.
3)Other structllr8S in surrounding area hav"a ten (l0)
foot side yard.
4)
•
ZONING BOARD OF ADJUSTMENT
•
•
'.
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re;Appeal of Yvan }"pliveau
On the 21st day of July ,1975 the South Burling-
ton Zoning Board of Adjustment ~~denied the appeal
of Yvan Feliveau,l60q Dorset Street,South Burlington,
Ve,rmont
______________________________based on the following facts;
1)Variance will alter the essential character of the
district in .rhic',.the property is located.
2)',Jould v,:olate the spirito;'the ordinance,area is
agricul tural-rural pr 8sently.
3)Other areaswithin town which allow for a reblil
busjncss ill
1+)
ZONING BOARD OF ADJUSTMENT
•
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Town &-Cguntrv'uI'nitu"":"Shop
2)[::oulo violate tH,spirit of the ordinc,.nce to grant
a variance of this :nagnitune.
On the 21st day of J1JlY ,1975 the South Burling-
ton Zoning Board of Adjustment ~-oi'"denied the ap eal
of Town &Country "'u"'l1iturc.')ho Mr.}'athani·:l Lash 1 1
Shr"lburne Road,South <:u:::'lington,Vermont
______________________________based on the following facts:
1)')06S not represent the minimum variance that would
afford relief.
•
3)Hardship has beem c'f'eated by the appellant.
4)
ZONING BOARD OF ADJUSTMENT
••STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Char Ie"Hubbard
On the 21st day of JulY ,1975 the South BUl'1ing~
ton Zoning Board of Adjustment ~"C!'denied the appeal
of Charles Eu>bard.70 Farrell Hoad and 115 College
fitN,qt,South PurJington,Vermont
______________________________based on the following facts:
1)I'oes not reprosen~~tho rr:inimurr.variance that
•2)
would afford relief.
Hardship has been crea teld by t.'O apnellant.
3)No unique physical cil'curns tancs s or conditt ons Which
COulr!prevent constructing a (1)ild ing in eonformance
with all dimensiorw.l requirements.
4)
Chairman ,I.tf(lh,&><-...Uz=-
•
ZONING BOARD OF ADJUSTMENT
•
...
ZOONG BQAllD 9F ADJUSTJIIEN'l'
The SOuth Burl1D5ton Zonina :Board of A..ju....t b~'•pa\l110 bdnag on
Monday,July 7.1975,in th.COnferllIloe Rooa.Kuni01p1.l Offiod.1115
WilU.ton Bead.
a1llbe.rd Myette.CbaiXlll&nt Fredmok Fay.tb.Jr••~anu..u.J.~t
R.ed
Alan Sllveet.r
0'l'lI!CJ!S PBIiSJIIIT
Rl.ohard liard,Zoning A'IUMenatort IR Illa••"".B.,.lallillla,.t lalb.
J1JI lamphere.Cbarl1e Aane,Jobn LI:tk1a.st....s-.t....saettleduaoft,
RolfllUld Petereon,B.F.Bzau1t,Mn.Le.KcKH,Arllfte »a.l'o¥1dl:,Qeotle ft.
McKee.R1chal'd (lpdy,Jr,
All'ii'L OJ'All Hili)(RQLAJP.JAg LA!!l"!JW'••
Appee,l of Ai~...~.JIIr._ee LMphere,As-t._.inc e Var1Uo.uoa
SeoUOJl 1l.B~.Kti&bt of ntuotul'U Of tilt South llurU-ato1l ZOn1.,1l.1.U.....
Req",..t il ftt'p.-t..il,l~to ClOIII~ot 1 1.)0'x 144·a1~"'1'forlJ-tt..,
(ItS)tNt 1*".,..t,e"..parcel'f land lo.ted at the 1IIlrU..-IJttc'IIUi_l
Airport.
Mr.W4rd pr....t .."4rall11lg of til,propela••tru~••~it t.all .11~b1e
\Ul11lleoau ••"ttl,.rd 1.loalli Al~rl-IMI.l.tr1..1 D1BU':l.et.SecU.11.S,,"-
¥S.d ..at at!\lriul'f 8IIa11 excted 35 fa"in h_at'lt..Tha h1jJbeat pcd.1l~of tIlle
1~'x 1)0'.tftriuu 1a 45 fnt.
Mr.~Jb,,"••Ull tilt lMtldlllC 111 bel..4.a1P_•,....obuaft_ft•
...111'U.11 JIll'4.'!lf 4101I.8uperda1on all4 ....&1"plan.A'far _
til.tb7a1141 4 __8f ••8t1'uot\ll'e 111 cenCCfted.it 18 111I1118 do••1......
0II118llt_.'111.~.l"'t.1.jut &liIo\lt th.....u oae be ......61....41 th..,.,1IIlI1ob
1.41 tan._1.8 •.1&to be 4S f-.to
a.a1~1II M7d'.htlll JlIt,y ~.bIllld1.na 11M to be _t b.s.lllt,-11'88 1 t ..
ptd&&p.for ...pirl1Cl1&lu plane.
Ht',r-ptl.~a ,..._lIIi I.1ettV'dated Jull 7t1l in llb10h appz'O¥fo1 _p ..'"
tn.1lus'11,,-Alt'J81't.ee.l..l@ for UM _eLpt aM ••tlaole.of Ut.1«.....
Itl'llctur..He "'_.xp1.ll1Md Ute clall111&to tb,...bare of til.Board.
Q1a11WPl "'_,.....allollt.noodllabtl on the Airport Drtv.1114.of •1IaUd·
111,I ad Ilr.Iaal*-n 1&14 t.hUfl 110\114 be no.,.to hi8 ""ladp,
I'tt,MutiMa.u*11 w ...t.he law.t t:n-of \lullc!lnc that could ...t
tlUlb ",ub...,-U4 l'!l'.LiUlJlbce "1d 1t ...
1tlI.JJoard voted ~to an-t\!lll WUiUn.
Cbal:tMft Mfat.......t ...tbat _ZOlIhl«'''lnl.lJua.'to:r l ......\1.t.the'S
foot hill""rilJU1cU_.
JULY Z.1975ZONINGBOA!W OF ADJUSTMENT
•APPEAL OF 1jA'rK&H!EL AtiD l'tIJ.TJcpT LASH
Appeal of Nathani.l and Millicent Lash aeeking a _xianoe from S.etion 11.00,
Dillensional RequirelRenta of the South Bur11ngton Zoning Regulation".Requnt
1e for pera1&e1on to oonatruct an addition to a Bbowroo.20'x 108'to within
one (1)foot of the 80utherly property 11l1e and an 18'x 54'addition to a
atorage ar_on the 80utherly property 11ne.Also propo..d additioM and
exiatillg buiUing will exceed the Il&x1JlW1 lot coverage aUolted.at the 'rown
al\d Country Furniture $boP.Shelburne Road.
•
•
Mr.Ward &&id the ar...18 1II0ne4 for Bullin...P1&lI!Ied DeYaloplllent.'l'be lot 1&
39,600 aquare feetl the exilltill8 building ia 16,580 aquare t.et with a pro·
poaeel.addition of 3,132 ,quare teet.'l'be l1l&:d1lUR lot cov_ge allowed 1&301'
or 11,880 square fe.t.Wh.:1:81111 the propoaed coverage lfOuld be 19.713 square
feet Or 49.~.
'l'he Board ,tudied the dnwing g1ven to tb8ll by Mr.liard.Q:laiDl&n MJette
asked Mr.ward if the bullding had recei veel.•.,..ri.nCe lIben it went up
orllinally.and Mr.\lard rep11ed it ..,Bu.,inua B Dietrict.
Mr.~ette 8&id it didn't co.ply with eetbaob uncler the old ordinanc••
Mr.Laah li&id the building waa liIuilt in tlfO a..-enta.with Mr.Ward B8ying
the wareboulle i_under _nance.
Mr.Lan .xplained they han a very ei.p18 probl_,they are very crowded
and short of diaplay apace.It ill an ar.tbat would contllrue tha prHent
pllUUltng of the orig1nal lNlldins,DOt detr1aental in any .y that he can
eee.He ..id he could honeetly eay tbat h.pll1'*ona11y could not l!Iee 1II\er.it
could be detrt.ental 1n al11 .apeet to that ba81c ar..Generally,app_ralllc..
whe,their ar_,l!ltore,and land are quite lIell kept.he 8&idl they stunlly
wouldn't ....nt to jeopaJ.'d.1n t.heir own a"eannc.by thia unl...they tllought
it lfOUld uiutaill the pr...nt 100d app.rallc••
Mr.liard lI8id Mr.Poa.rl.1I,own.the property all the lI&y aNUlld,he had
talked with both h1lll ..~Mr.Lal!lll.In laying out til.loti!!t.Ilere .a_ed to
have been ltO.a probl_,eo••diacus.lon over the 11ne.They are actually
asking for tar..va1'1al1088,two point.plu.the cov&ra4Je.
Chaixaan Myette a.ked Mr.LaBb lIby he needed to dd ao I1lUcliI in square feet.
Mr.LaBb lI8id they had baa1cally two hardship..1)the 1l&rehouee 1.the
lower level of the back lNlldiDg.it t.a pall area fo~the aquare te.t of
l!Ielliq space they have,2)they have a couple departl1l8llt.thq call1lOt continue
unl.l!Is they ha",e .ore rooa to l!Iet 11"dhplaya,for the type of .erchandiae they
Ball they need to do thh.
Mr.~ette explained the Board hal!l five ••io er1tert&they lIUlt .iftere to iu
_king a d801&ioli.He aaked Mr.La.b 1£he r ....b.red getting a varlaJlce
o1'181"",l1y.aay1ng be didn't kDOw how he lOt a lN11aing perll1t without getting
a variance,althol.llh it wall a rathe:r acad_ic point nOll.
Mr.Lash explained their bu.1u...hee grown aDd the Deces.ity for 1Il0re di.p1&y
is whet ia heppenial in their bUsineu snd that.i8 the basic r-'l!IolI they If&nt
to continue to 11'01(.
Qla.iDl&n Myatte ..id he ....s not prepared to vote on tbie toniptl he would 11ke
to take a look at the line.it 11!1 l!Iuob a aevere variance requel5t.He ..id he
had been on the Board ten :J'Illlrl!l and didn't ~.call ever ...ting that kind of
requeat for varianc••
Hr.Reed a.ked Mr.Lash if he had conaldued putting the nrabou..addit.1on
to the north,alld Mr.Lash :rep11ed there wouldn't 'be roOIl.
~.Martiaeau aaked about QOverage aad M:r.ward auwered it would btl ~.
Kr.Lash ellUented tIlat their type o£buDin.a does not d.-ad sueh parking
apace.
Mr.lVette aaked if he could pureba.e .ny addi tioMl laad.
Mr.Lash aaiei there 111 laad to the north 1lbic::h Mr.~erl.u would be very
happy to sell to bis but there i.a _tar line runll1q rigllt d01lll through
the siddle,
The ll1a1run explained the Board do ..a't bave the dl8eretion the Ylalllllng
OO..l8.lon haa aad he thought Kr,Lllllh would be bettu .&ned if the Board
went down there to let Mr.Laah describe the ait1l&tioll to the brd.
•
ZQNING BOAllD OF ADJUSTMENT JULY 7,1975
•
•
Mr.Martineau SOYed to table thia app.l!
Seconded by Mr.Fayette aad Vlltad 11lI.1I1110ual;,.
APPB:AL OF ROUND L,BOOSKA
Appeal of Roland L.Booaka aeeking a ""nanee froa Seetio.7.00,P~itted
U.es of the SOuth lIuxlington Zoll1nc Regulations.R-.quest is for pe:talsaion
to convert an exbting dwelling to allow fox an eff1e1enoy apan-ant,alao a
_rianoe troll Seotion 11.00 Dwelling Ull1t Stallclard ...id a,.rtaellt will OODtain
.ppronately 610 .q1l&xa feet,at 513 S1I1ft Str.et.
Mr.Ward ..ld the d1fBUlna ia In a Bu.ein...RetaU Dbtriot.Th.pnpoaal 111
to eonvert the upetaira ••otiGn of a cape into an apartaent of eftie1ll11cy
siu,appron_tely 610 square fe.t.TIle a1nl11U1l else uader til.ordinanoe 1&
850 IIquare fe.t.TIle dwell1llg i8 pr.seUy a 1l0a·collfoXlllnl ue..There are
aOlle duplex..on tnat street.Th.Illtructure 111 under repair at the pr.ent
tise.
Mn.Booaka explall1ed the .pac.upatalra 1&juet _ated llpaO.1Il0W,th.ix
cIllldr811 are all gone.TIley would Uke to uk.it iato an apartaent for the
IncOIIle.Sh...id tIley intand to tint-h the .xterior.
Chlraan Myette aaked about the barn.1£tIlare ""a an apartaent.back there.
~,Booaka lIIIid there ""6 DOt.Allked about an 8lltxano.for tile 68ccnd noor.
Mra.lloOllka old ah.didn't.know what ""a plalllled.
Sh.explalned bar hUlibIllld had been uadar t.he dootor's oare and uu.bl.to work
£or 1I0000eU...110 th.y would Uke the extra incolle,
The Board voted uDallll1louelr to apmv.the Yariaac.with th.ati}'Ulatlon
that the bulldinl p8J:l1it not b.iSllu.d untU th.Chi.f of th.II'1xe Departa..t
of South Buxllllgton .pprov.the .nta froa tb•••cond noor.
Mr.Myett.told Mra,Booeka to be aura to aotity JIlr.Ward 1lben ahe _s r_dy
fox tile inapaction by the fir.chief.
APFIIlAL OF @TUAI.Tli2OO:S,I1%SC01'T HB:NDERSOlf
Appeal of Mutual T8IUI1a,Inc.,Scott Handereon 68ek1111 a ....r1uc.fro.Section
11.00.D1.enelow B-.qulr....ta of the SOuth Burlington Zonll1C Regulatione,
Raquut ia for paraillllio&to conet1'l1ct four addi tioJl&l tennia courta,structure
11111 contain approxiaately 27,000 square fe.t,proposed and .x1.tillg atructure
11111 el<ceed the _x1I1W1l lot coverage allOWed.at CrollB COurts.75 Farr.ll Road.
Mr.Ward pv.the IIoard a drawing of the propelled plan and indicated Ol1 the
drawing the 10oat1on of the propelled addition,"".covarege,h ...id,would be
3.5%·
Mr.liard Aid the area i8 zoned 1lwIines8 Planned D.velopllent,
/IIr,Henderson explained the dnwing to the a-rd ...ben,indicating the
locaticlft of the Farrell property and the location of the Old lloard,H.-.id
it would be lIIpo..lble to lea•.,ally land ln the rear b.cau8e of the rigbt of
vay 8ituation,that 18 the probl..with th.rear 8.tl;aCll.D.lag 14 f.et.He
pr.8ented an el.vation dnwlll8 to the lloard,H••xplain.d they can't g.t any
oth.r lalld 80 .xpanslon haa to be on thla partiClllar p1ec.of property.'nley
opuatlld at 65 to 90 perc.nt capaclty thi8 wint.r so .xpane1on b ne<letleary
and i8 a good busin.es d.clsion.II two or thr..court building CO.t8 almost
88 .uch as a four court buildlng eo 1t would b.a bard8hip to build jv8t three
court8.It would bll tbe ....kind of bulldinc a.sbown,'l1Iey now have 54
.p&llN tor six 0IIU'ta u4 VQU14 1Jlcrease 1t-to 70 8ptC'"for \en courb,
'Dae JIll,xil1lUll1 us.,.auld 'be tour can i«r ootIrt.
Ie,ilard "l<i'la1Jl,ed til.,are already under a varlance for .xt.Ung parking,
Hr,Henderson sald it baa been landacap""and re-landscaped,
Cbairun M;Yett.e lIusse.ted looking into the landscaping bond beC*UB8 there bad
been so.e probl..s and jullt rlJC811tly it bad been tbreatened to caah the bond.
He IIltated this appeal would han to be re-w.rned for thenellt lleet1ftB becauae
of the rear yard requireaoant and the parking.He then asked if there .."any
further "upport or any oppo.iUOI1,
Rowland Peterson said h.playa there a couple of tllllea a ..elt,they are runnill8
b.tter than 9~occupancy and he has never seen the parking lot full.Ther.
ill plenty of parkiag.
Ceor!e Mae,stated this vas an en01'lll0u.bllilding in what he al..y"con.1dered.
a rB.ident1&l area,He thousht ths lot vall boul,!;ht for that purpo8e but the
bu11diJl8 is already erected,all4 now the addition they require or .e.fit to
have it gain!to _ke it Boisier and there ill ,oillg to be a parkina area proD-
1...H.said he thoqbt the C:l.ty of South llurl1l1iWJ1 had been sore than
!enerou.to alloll that partiClllar .il8 of bullcUag in lIhat .s origillally
.tarted as a r ..ldential area,H.pr..ented to the Board so••picturn 1lhlch
bill daughter took froa all anglea all aroulld the building.He Mid th.,new
build1q would knock OIlt the tr.-h air coat..fro.the aouth.
/IIr.lady.Mr.Mckee's lIon-ln-law,.id 1t is COlllpletely goin,to block what
back yard he bas,He felt his prop.rty 11&&H1ng devaluated colI$iderably
beoauae of it.All the plne trees in the lBndsC*pill8 are dead.He hall put
cl...to 6,000 aalloll8 of water on th_h1.self to try to save tho,The
bl.oIt has lIever been .owed,the .ide wall .owed o.oe,it is a .....He look.
direcUy on it.
Qlai:run !'!yette said.they have not co.plied nth the 8creening requlreaent
1n a ree1..t1al ar.,
Lae Mckee said aha 11ve.aeron the atreet alld they look direotly out i.to
the field,but with the nilif'building it is going to block it co.platel"The
_intsnallce around the building 18 not 800d and never hall been.Cra.s up to
your kn....no trt..lng,A trench 1I&s n.ver done properly,They have never
kept it up aa far as appeaxance.go.
L.ttera troa Abby H,Dou81Bsl and Robert O'Bri8D were read by Mr.liard and lIill
be on fne.Theae letter.exprUlIlICi etrona prot_t aplnat the bullcling of
four lIore courts IIt GrOSll COurt.,
/IIr.McKee ..id that traffio hal inorea"ed becauae ot the court".
The CMl:run rea1ndad hi.lt •••oaed a eo..ero1&l propert;r.
/IIr.Henderaoli ..1d it "s lIoned :a1O and if they addecl thr.e courts illitead of
four.they wouldn't even ban to be bere.He 8814 be would agree that they
8bodcl be II 11ttl••ore villuel a bout 88 thyinc the problea.of the lIdJoillill8
property 01ll1£1.Ke ..id they had tro\l.ble lIith the planting,lIose of it th.lr
•
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•
ZoNINC BOA lilD OF ADJUSTMENT JULY 7,1975
fault and alil..e due to _tun.l cau...,'l'hay dld Dot wallt to be III a probl..
sltuation with their neighbors.be aa14.and the,will try-to get together
with tbeir nelgbbo:ClI and IIQrk wt an acceptable aolutlon.
ArUae Barovick ..ld ahe waa an adjacent propQt,ower and bad te aU"&81.1oa.,
if tbay bave troubla atorlDg tb.tr prden equlp11ent to taka cal'e of tbai:c
'FOperty she lIOu1d augeat rctiDg a P:r:aae.If tbeywant to get along lI1th
tbair ne1/Pl"bor.and there la IlOtblna they .11 do except about tbe ...ll1ten&JlOe
ot the property.she tbought they oupt to at laa.t aive a couple of y.ra of
tne tlll1n1s tG all the nel8b'bo1'8.She explained her propert7 1&tbe tblt'd
one dOllll f1'Oll the door to the·back entrance.
Mr.Martln.u aaid it 11&$tru.e that they could add on the three courta without
exceeding tbe lot covarage or enCl:'OBchllljJ on tbelot Une.1IO perhBpa the
lloard should _ddreN It_elf to 1.proYing 1ItIat 1a .lready there.There ebould
be a .UpI1lation to do acn.etblng .1lout the llCl:'eenlng.etc.
lfr.J1ay.tte lIUggeeted that poa'lbl,betlleen tha tiae thl.la r ..-.ned ••d
the next..eeting.there a18bt be a lIeeUlIIJ of the propert,ollllera and the
t&llft18 court paapele.with poae1bly 8~e Bart.of ag:ce.ent betlleen th••
He ..ld thia .a _eroially soned eve.tholol8h it la adjaoent to the r ...i·
dental arae a.d .cr..Ding 18 the enly solution.Thay calI't be prevented trt*
buildlng and thee ar.-fIJ ot!lar loIaea that oould go 111 thelr 1.117 whlch
lIOu1d b.even ..ra offenaive.He added that.in a .Y.having tb.go th1a
clo.e to the bo\1Adary U.e aivea everyone a nnce to air out all th&1r
prolll..a and oo.e up 1I1th a pod.lIOrllab1e propo..1.and ha lIOuld 11ke to aee
_e ag:ce.ant betllee.the adjolnina prGIpert,Ollllers ••lIall.
Mr.Martl...u explabad aU aonee adjoiD eo there 1&lUI way to haTe a _pleta
void bet.e.zonea.They "re 1I1thin tfte1:r rlebt.a te put up oourt.a aDd to add
OIl to th_.ut forgettill8 the rlgbt"of the r"aldanUal people too.
The Cbal:ru.n .aid he lIOuld 11ke to work out aD lIllultBble "ituat10.betlle..both
parties.
Mr.Reed aoved to table th.!pp-l.
Seconded by Mr.Ja,ett".
Mr.Ward ...id ,eOBuae of the U.e 1nvolved in :C"""'J:lling.thia OBlUlOt be con·
8iderad unt11 the first .eeUng 1n AU8ll"t.
The Cha1rman ..ld the Board will ta'bh tbe .0tiOD and coaelder all additional
aspecta.r ..r 11D'.aetbaclt.pa:ck1ng aituation and coverage.Tha Board lIOUld
prefer.he 8&io.to ooulder "U UI1"at one tl.e.
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ZOllIIG BOARD 011'ADJUSTMgl!JULY 7,1275
•
APIEAL OF Gam MOOIiTIIN my CQBJ'01I.4TIQ1!
Appeal of Green JlfountB1D 1'olller OorporaUo!l Beeking a YU1ance froa Section n.oo.
Di....1onal Raqulr.enta of the South llurl1naten Zonina RegulatiollS.Requaat 11
for p&rlli..lon to conlltzuct a 12'x 20'ateal bulldll1g to wi th1n e18ht (8)feet
of the lIuterly J!l:'operty Un••at l$ub"tation 10.78 Doraet Street.
Mr.Ward IBid the area 1a aoned Budn..a Planned Davalopaent 111 th 30 foot
alde aDd rear yard aetbach r&Cl.uirad under Secticn 11.00.The propo..l 18
tc ooutNet a "te.l building 12'x 20'for equlpaent atorBge to within 8
feet of the r_r prGIperly Une and 6 feet ef the northerly "ide yart:l.
Mr.Brault explained G:ca.MeuDt.&ln Foller ia undertakiag "0'"exper1118nt.&l
lIOrk 1n rata"iDVCIVing 20 eu,toae:ca at firat.lIbereby ee:ctaln appliances Bum
."water heaters can be controlled r8llot.ely durlllg eertalD p18k houn.He
&ald they needed th"bulldina:to eontaln the &quip...t which would Ue 1n 1I1th
the ex1eUJIg circu1ta ...inly beeau.,of the tne ef reaident1aI load they
bave on ee..e of tho..clrcuita.TbB1 felt tbay could e'OUl'e II varlanc.becauae
1 t 1I0uld not be aojaee.t to t.llYthill8 at the pruant U.e.
Mr,Brault explained tbey bave a 100 foot eaa.ent wbieb be indioated on tbe
drall1ng along 1111 th the location of the bu.ildill8.
Asked by Mr.Martineau lIby they neoded 8 building that.siu foX'jU$t 20
C\l$wme:r$,Mr,Brault said the equipaent that 11111 go into that buUcUng will
be capable of taJdIl8 the entire load of the 8ubcitation,the ai.e of the bu.ild-
ing b detanined by the equipllent.not the CIlllto.eX'll.HlI duodbed the opera·
t100 1ovolved el ectr1 cally ,eay1ng it i8 experimental 1I0W but could mean a
Dving in a cu.toaer'$!lonthly billing foX'hie water heater.
Chairu.n Myette _pba.ilI:.a that lIcreening ill vex:r iaportant 111 a residential
ar.,and the .....killd (all be u.ed that 18 alr.dy tbere.
•
ZONING BOARD OF ADJUSTMENT JULY 1,1975
•
•
lational 1 that the building be aoved to the south at i.at 10 feet,or to
Hoe 1.Ip 111 th the north8r1llloat lItructure 011 the p1'(l,ert.y,2)alao that the
lIouth ••t corner on the $outhern line be acr••ned at l.ut d01Rl to the pral"
on the apartment property.
APFUL OF PAR!OlILL APARTMENTS.JOHN LARJaN
Appeal of Pa:rkhill Apartll8llt.ll,John lArldn.Beeking a var!ano.,f1'(la Sect10n
11,15,Multipl.UUlI of the SOuth Burlingtoll Zon1111 Rellllation.,Requellt 111
for perlliaaion tooperate a real ..tate office fro.the office area of the
Parkhill Ape.rlaent.and Motel.1185 Shelbu.rne Road.
Mr.Fayette announced he was abstaining beea1.l"he 1&an adjOining property
owner and alao "ecau••Mr.Larkin ia hie brother~1n-lav•
Mr.liard .aid the arM i$ZOlled BU8inellll Planned Developmant and the property
ill ulled for bothapartmenta and 1I0tel,t.he propolled ulle for a real .tate office
would llean three ue.for the property.
Mr.larkin explained he hall not y.t a.cured hi$broker'lI 11oan$e bIlt exp.ctll
to do 801 there will be another broker in with hill.He pl.na to run the real
elltat.offio.and the lIotel.offio.in oonjunctioD.with each other.
ChairllUln Myette asked Mr.larkin lIhioh uae would be aore pr8'V81ant in the
office,the real ..tat.budn.all or rulUl1ng the lIotel.Mr.Larkin .id it
woUd "anaging the motel.which 111 takilll more tim.thall he bad thought.
The Chairaan Daid hill concern would be that thill would b.an acc••llory us.to
the buildings th.ulv...It 111 a 1Il0tel ana apartaeut complp,aad II1th a
...11 real lI.tat.bullinellll lllIlrkilll out of there it would ...n b.ing tied to •
lIul tip1e ulle and taking it out of the UlIlI it wall intended for.
Itr.Martin..u allked Mr.larking 1f rulUl1ng the apartaantll and motel out of
that office 18 going to preoccupy 1l0llt of hie tis.,and the real ..tate would
be lIollething ellle that he could perfon froa there all he aight out of h18 h.e.
Mr.LarJdn rsplied he could do both jobll aore ....l1y in the lI8JIe lIpot.
Chai1'll811 MJette explained they are .ylog the intandtd u..of the property 1&
apartaent$and 1101..1 and now a third u ••i.Deinl talked about,lind he wall
concerned that a real e.tate "tN1I1nall$milht get out of proportion.He aeked
Mr.Larkin if he would asree that only two peop18 lllIluld be in there.
Mr.Larkin eaid h.didn't want a big orpnill8tion,two people vould be fin••
Ther.WIlla no further lIupport and no oppollition.
!!!.e :Board voted ull8niaoue1.y to approve thill appeal 1111 th the $tipulation that
thae would be a 118x1sua of two plIOple in the real e$tate bueinell'"
APPEAL OF ROBERT AND EVA DINER
Nea-confora-
Reque8t i8
to an exi8ting
JULY 7.1975ZONINGBOARD0)'ADJUSTMJ:NT
APPilL OF cmRLllS AMBLO
Appeal of Charlea E.Amblo aeeking a variance,froa Seet1cm 13.00.
ing uua '"struct~rea of Ule So~th ~rl1ngton Zoll1ng R~lationa.
for perais8ion to conetruot an upper level approxillBtely 24'x 35'
DJl.ch type dwelling,looated at 31 Milla Avenue,
Mr.\lard preatmted a floor plan and elevation dDwiq to Ule brd,and ..id
the atructure 111 preaently a DJl.dI,!,1lppe witlh attached prage,and area 1lIl zoned
R-4.The altaration would exceed Ule alloll&'18 perctmtage of the fair ..rket
value of Ule atru.ot~re.The pr_ent structure in non-confo:rming la lot size
and ntbacka.Lot.abe i8 75'x 106'nth front yard aet.lack of 26'3"aDd
8id"yarda of 10'6"and 11'3".
Mr.Amblo explained he had looked all over South BIlrl1l18toa &lid could filld
nothing with five bedroos.and two latha that he could affOrd to buy.He haa
four children.and an elderly fathllr-in-law 11 vea with th_.Vi th the gretm
lIe1\(Garvey property)they II.OW have adjoining their lack yard,no oae oan
build biII1Dd t.h_,and with aaything 1I1all h.bal looked at.it lIOUld s.n look-
ing o~tdir.ctly at.a.ebody elae,&ad he jU8t ean't ee.dolag t.hat..H.want8
to 8tay where h.ie bUt there alaply i8n't ro.enough.
Mr.Amblo explained that buildlng over the prage i8 for app_rance,to keep
the roof line,rat.her than for U8e.
There 1fl'l.8 8Upport fro.ona adjoining property owner and no oppoai tion.
•
•
This app.l 11&8 tabled at the June 16th seetiR,to give Mr.aad Mrs.Dinar all
opportunity to Bu_i t a nn drawing of their plan,b_un the brd could not
grant such a e.vere ""riall.oe a8 would be neceeRry wi t.h their first plan.
Mrs.Diner prMtmted a dralf1111 to the .l!oard Mowing how her hU8land had ex-
tended the drhnay aDd re-dea1gned the pra,e.
Aftar 8tudyl1l8 the plan,Ql81run Myette ..id he felt Mr.and Mrs,Diner had
coapl1ed Withthe wiehea of the lloa.rd.
Mr.Fayette ..101 he would a"tain froa voting becauae he had not be pre8ent
at the last .eeting to take part ln the di8cue8ioD of thi8.pp.l.
The lloard VI'lt.ed unaniJloualY t.o approve thi!au"l (With Mr.hoyette abstaining)
MrB.Diner aeked about a bil IUlly n_r her property,if anythil11 1188 1011\«
to be done with it.Mr."'eUe ..id he felt.aha lIQuld ha"e protection thar.
for a 1008 Us••
•
Mlnutte of JpDe 16.1975
It ft8 .o"ed by Mr.Martineau and eecoDded by Mr.Reed te accept the Minut...
of June 16,197.5.aa preetmted.
The ••etilll 1188 declared adjourned at.6145 p •••upon a sot.ion by Mr.ho,ette
and eeCOllded bJ Mr.Martineau.
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Be :Appeal of-",",R~ab:;;.e~1',-t:<...-:I:::.:)1~n""e~1'_
On the 7th day of July ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~-4eft4~the appeal
of Faber t D~ner.19 Duval Street t South Burl ington t
:termant________________________based on the fOllowing facts:
1)EQasQn~bJe Use.
"."...:,.~
•2)In keepinF with other homes and garages in tbe are,,-.
,l,
•
3)Lot set-off prior to 197)+zoning requirements.
Chair
Cll'"<"
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY:OF CHITTENDEN
Findings of Fact
Re:Appeal of Air New England
On the 7th day of JUly ,1975 the South Burling-
ton Zoning Board of Adjustment approved -o.l:'_..Q.Qn.;La.d.the appeal
of Air New F~ng1and.James Lamphere,AgcI)t,BJlrlingtQIO
Internat,iouaJ Airport,sov tb F12r J ipgtaD JTQ".\=~f1
1)?easQnabJe use
,'v does tact 899m t9
•
•
2)
4)
pose a problem in the a~ea
neight necessarY to accommodatp r;drcrftft
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT .
COUNTY OF CHITTENDEN
Findings of Faot
Re:Appeal of Charles E.Amblo
On the 7th day of July ,1975 the South Burling-
ton Zoning Board of Adjustment approved or-d~~~~n the appeal
of Char Ie s ~.AmbIa,3c::l~M;.::i.:;;;I.:;I.:;;;s-,.:.;;\v.:..e::.;,'n;.;.u;.;.e:..,~s;.;a;.;u;.;t;.::h~P.:;u;.;.r.:;l.=i:.::ngil.t,.::.;;;;on=-,__
vermont
____________________________based on the following facts:
1)Addition is a reasonable use of the property and is
not a detriment to tis are~.
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4)
Hardship,appellant needs larger quarters.
Chal
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Be:Appeal of Green Vountain Power Corporation
On the 7th day of July I 1975 the South Burling-
ton Zoning Board of Adjustment approved ~-~the appeal
of Grecn MQuntain PQN~r Corporation,Dorset street sub-
atation,Smith Bur]logtpn,Vermopt
______________________________based on the following facts:
1)Does not change character of area nor encroach ...";..-
•2)
beyond present structures.
,-lith stiDulations,represents the minimum variance.
4)
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ZONING BOARD OF ADJUSTMENT
•STATE OF VERHONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Parkhill fpartn1ents &Motel,John.Larkin
aeed on the following facts;
1)Does not change character of'the area.
On the 7th day of July ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~the appeal
of Parkhi)1 Apartments &Motel,tTobp T.arkj n)J J 85
ShelburI".H Road,South Pur'ingtOP S Vermont
•2)rL'asonable use with stipUlations.
4)
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ZONING BOARD OF ADJUSTMENT
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Roland L.Eoaska
On the 7th day of July ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~~-d~~~~d-the appeal
of Roland L.'oaska,?~8~S:..::w:..::i;;:.f...;;t~S,.:.tr::...A;;._e;;.t.::...l.'..:S::.;o;;,;u::.;t:::.h~B...;;u:;.r..:::l..:::i::.:n:gg..::t.::.o:::.n.I.'__
Ve""ffiant___________________________based on the following facts:
1)Hardship not caused by appellant,husband not able
to work -income needed.
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2)
4)
Will not alter character of area.
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ZONING BOARD OF ADJUSTMENT
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ZONING BOA RD Q!..l..!!.JUSTMENT
The South Burlington Zoning Board of AdjustJRent held a public hearing on
Monday,June 16.1975.in the Conference Room,Municipal Offices,1175
Will15ton Road.
M!MBERS PRESENT
Richard Myette.Chairman I Robert Martineau.J.Everett Reed,Alan Sylvester
MEMBERS A~
Frederick Fayette.Jr.
OTHERS PllESEN!
Richard Ward,Zoning Administratorl Eva Diner,Robert Diner.Paul Menard.
Esther Wood,Jeannette Perkins.Donna Martelle.Hansen Ghaffari.John
Stoddard.Terry Tetreault,Jay Morin,Ron Bouchard,Charles Hubbard
The meeting was called to order by Chairman Myette at 5,00 p.m.
Minutes of JlUle 2,1975
On page 6,paragraph regarding change in time for meeting",the words
"and the Board members app_red to Mve no objec1;1on to t\lrning to en evening
meeting"should have read and the Board agreed to take it under adv!.!..!l!!~
It .....s moved by Mr.Sylvester.seconded by Mr.Reed.and voted unanimously to
approve the !l!!l!!.tes of June 2.1975.as corrected.
It was moved by Mr.Martineau and seconded by I'll',Reed to approve the l!~!!L
of May 19,1975,as preeented.Voted unanimously for approval.
APPEAL OF RENE RA~E AND TERRY TETREAU!<I
Appeal of Rene Racine and Terry Tetreault seeking a variance.from Section
7.00,Permitted Uses of the South Burlington Zoning Regulations.Reque"t 16
for permission to operate a truck and trailer rental business in conjunction
with an auto repair shop,at 1241 Williston Road,
Mr.Ward said I'll',Tetreault lee.ses the building from Rene Rllcine and operates
an auto repair shop,special1zing in four-wheel drive.A variance lias granted
by the Zoning Board on April 7.1975.for one year's tillle.I'll',Tetrault repllirs
the U-Haul trucks and trailers and feels he could lease or rent them in conjunc-
tion with repairing them.Mr.Ward said this use had not been discussed at the
time the variance was grantedl it is a Bft District and this would not be con-
sidered an allowable use.
Mr.Tetreault said he had talked a bout thh before he even leased the bulldingl
he was told it was a retail business and the zoning for that area is retail
zoning.That was the reason he never brouf5ht it up at the meeting before
because he had talked with U-Haul.
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ZONING BOARD OF ADJUSTMWl
lIppeal ~tt!.ne !lacine !'t'd Tem Tetl'§8..JUL(Continues!l
Chairman Myette said the Board had asked Mr.Tetreault very specifically
what use the property would be put to.
Mr.Tetreault said he had.mentioned this to Dick Ward before and there mast
have been some misunderetanding.
The Chairman eaid it would have seemed natural to have brought it up when the
Boa.rd had specifically aeked him about the use and had been told 1t would be
truck repair work.
Mr.Martineau said his concern WIle that there would be a lot of vehicles left
over night,and Mr.Tetreault had 5llid there would not be,that customers did
not want this to happen,and they would be turned over qaite rapidly.
Mr.Martineau said he didn't want a junk yard situation to be created.
Mr.Tetreault said U·Haul takes good care of their trucks and they wouldn't
like having the",called junkl it is not junk and the field representative can
11mi tho"many trucks he could have there,He expla.1ned he is not in the body
repair buBlness and won't have any wrecks,He did haVe one bat it wes out in
a couple of days.He added that Mr.Racine wes unable to come to the meeting
but he did say he had no objection.
Asked how much square footage would be used for this purpose,Mr.Tetreault
indicated on the drarlng of the property lIbel'e the truoke are,/S8.ying he has
the land from the back of the garage to the woode.The trucka can't be seen
exoept by coming right into the yar~.He S&id the only advertising he hae 16
on Me mailbox,indicating the location of the mail box,
Mr.Myette asked if there are any other U';;Haul agenc1eB in South Burlington.
Mr.Morin replied there are bo,P-J'e on Williston Road and Parker's on
Shelburne Road,and that 75%of their advertising 1e visual advertising •
Mr.Tetreault asked what truck renting does cOllie under,saying Mr.Ward had
told him it was retail.
Mr.Ward S3i~Mr.Tetreault had misinterpreted itl that is lIby he is here now,
Chairman Myette sa1d the use is allowed in one commeroial dietrict and not 1n
another.Mr,Ward said it not a permitted uae anyWhere ••not spelled out.
The Chairllllln told Mr.TetreB.ult this was a completely diffel'l'JIlt UIB8 of the
property than whet was considered in the first place,and that he felt the
Board had been misled.The use of the property could have hel'Jll d'll6Cribed
more collpletely than had been done.He reminded Mr.Tetrealllt that whl'Jll he
had been aeked specifically to deecribe the use and operation of the busineU
he had not mentioned anything about rental vehielee.
Mr.Sylveeter asked how IIAny U-Raul truckB it was planned.to procese through
his establishment,and Mr.TetreBult replied he could have any number he wanted.
Mr.Morin said the Zoning ordinance says he 1&allOlled no 1I0re than three on
the lot,he probably wouldn't have any 1I0re than four or five.'!'he equipment
16 on the road this tille of year 11101''1 than it 1IS sitting in the yardl as it
is moving in,they 11ke to have it llloving out.Right nOli he has three and three.
Mr.TetreBult explained that P·J'1i 18 the one who keepe all the trucks,usually
8 to 10 trucks and 12 to 15 ttallers,Parker'B ie the Pille.
Mr.Morin said Mr.Tetreault is not limited by his supply!it is 1I0re convenient
to have it on the lot but he can go to p·J's and get it.
Mr.Reed.relllinded the Board the V8riancl'gzanted in April had only been for one
year,
Mr,Martineau asked Mr.Ward if he could find ,"ny other zone or d1etrict where
th1lll 18 allowed by defin1 tion.
Mr,Ward said rental agenciea are in the Airport Industrial where it mentions
auto rental agencies,
Mr,Reed asked about the other two U-Haul agencies and Mr.Ward said they are
non-confol1ling.
Mr.Sylvester suggested a stipulation if the Board ehould vote for approval,
•~NING BOARD OF ADJUSTMENT JUNE 16,1975
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The Board voted :3 to 1 to approve the requnt with the stipulation that no
I1lOre than three truck.and thr.e trallers be on the property at anyone tille
and that the varianc.will expire on the 7t.h of April,1976,
APP6:AL OF PAUL MENARD
Appeal of Paul Menard a ••king a variance,fro.Sedion 11,00,Dim.nsional
Requir....nt.of the South Burlington Zoning RegulatiOI1ll.R.,quest is for
pe:m.i1slSion t.o C(>nstruct a 16'x 24'attached garage to wi thin ten (10)te.t
of the weeterly aide yard at '!fl Kirby Road.
Mr.Ward etated the area is lIoned R-4 with dilll.nsional requirementll of 15
feet,The proPOlled garage would be within 10 feet of the line,The lot which
predates the ordinance ha.70 het of frontage and ill 100 f.et deep,He gave
the Board a sketch of the property $howing the proposed garsge addition.
Mr,Menard stated he would like a garage,that he actually need...the rOOll,
Asked about having an ll-foot garsge,he eaid there would be difficulty in
opening car doors.He said there would be no aide door at all and indicated
on the dralling where he planned to have a back door.He added that he had
talked with hie neighbore and they agreed that it was all right with th8JJl.
Thers was no further Ilupport and no opposition •
The Board voted unaniaously to approve th1a appeal.
APP6:AL OF ROBERT AND EVA DINER
Appeal of Robsrt /I<Eva Diner sseking a variance,froM Section 11.00,Dille:n-
Bional RequirUlent.of the South Burlington Zoning Regulationa.Request is
for p.rll1aeion to construct a 12'x 26'd.tached garsge to wi thin one ..nd on....
half (11-<)feet.of the lIeeterly side yard ..t 19 Duval street.
Mr.Ward presented a sketch of the property,saying it ,...a R-4 District '11th
15 foot .ide yard requirement.s.The lot.has ..70 foot frontage ..nd wall set
off prior to the ordinance.Th.ne1ghbor,Fred Dixon,has no objsction.
Mr.Diner said the house 1&about 15 years oldl they have lived there over
six years.He explained they don't have MUch roOM in the baslIIlant and need
the .pace for storage.
Mrs.Diner .ald her husband 1.away-a lot and.it ill difficult fOr her to get
down to the basem.ent.
Mr.Diner sald the Dixon's would bs agreeable only if he starts the garage at
the end of the drive1lll.Y.Asked by the Chairman why he couldn't MOV.it over,
Mr.Diner said he "ould havs problBllls with the drivewaYI aleo there 1B a
vegeta.ble garden there.
()Iairu.n Myette explained the Board can't.allOIl a lt foot variance.It ill a
relatively new neighborhood and the Board 1I0uid be eatabl1shing a precedent.
Mr.Myette then read the sUpulatione the Board ill required by lall to go
through in considering a variance.In considering the f1ret one,phyaical
circ:wnlltances,he told Mr.Dine:r:there dS all kinds of roOIl on til.lot to
Ileet the ordlnance.He Buggeeted that Mr,Dinel:'take the plan back and re-
locate the garage,..nd l.t the lloard look at it agaln,He explained that if
a vote should be taken now.it would be denied.
Mrs.D:l.ner indicated the loeation of their garden and asked if 5 feet would
be enough.
Mr.Myette lS&id he would want to take a look at it,and he would be much more
comfortable giving a variance from the back line rather than frolll the eide line.
He explained that 10 feet was the requirement of the previous ordinance when
this structure was built.and it 1s felt sometimes that 15 feet is too restric-
tive for the older houses.
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ZONING BOARD OF ADJUSTME!rr JUNE 16,19?~
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The Board voted to table this appeal upon a Illation by Mr.Reed.seconded by
Mr.MartinBl'u.
Mr.D:l.ner Il&S told he could re-suboli t a new drawing st the next ..eeting.
APPEAL OF CHARLIl5 HUBIIARD.COURT CLUB
Appeal of Cba.rles J.Hubbard.Court Club.aeelt1ng a variance.froll Section 11.00.
D:l.mensional Requirelllents of the South Burlington Zoning Regulations.Request
is for permission to constfUct an office building containing approxt...tely
8.000 equare feet.to within one (1)foot of the northerly property line,on a
lot located at Farrell Road and Joy Drive,
Mr.Ward gave the Board a colored drawing of the property.eaying the area is
zoned BPD D:l.strict With a eide yard requirement of 30 feet.
Mr.Hubbard explained that they own the land where the office building would
be put.and lease the adjoining land under a 99-year leaee.He said one thing
grew froll another.that they were adding to support their inveetllent.and aleo
they wished to 1I0ve their own office there •
Mr.Martineau asked if they could buy enough land to give the 30 feet.and
lllairlll8.n Myette "aid that for all practical pUrpoS88 they own the entire land
with a 99-year lea"e.They did go out and buy land to solve the parking.
Mr.Sylveeter asked why the office building oouldn't be put on the leaeed
land.Concern was expreesed over what would happen if the leased land should
be sold.leaving the office building in severe Violation.and the euggestion
was ude to Mr.Hubbard that he txy to buy the 30 foot strip from Hr.Farrell.
Qlairman Myette said they were trying to protect the 30'foot side line.and
asked Hr.Hubbard if be had a clause in hill leaee with Farrell that would
allow hi.to sub-leaBe any portion of that land.Mr.Hubbard replied it had
never been brought up.Mr.Myette 9id the 30 foot line might be protected
if there was a olause that would allow Mr.Hubbard to purchaee the 30 foot
strip if he were to sell the effhe building.
Mr.Martineau said that looking at the entire parcel as one unit.the plan
i helf seell\8 to be well worked out.but there is the teohnicali t)'that the
leaae might at sOlie tille belong to someone elee.
Hr.Hubbard 9id he understood that sOlleone elss who had been intsreated in
this piece of property had gotten a variance.but Mr.WaN replied that no
one had been in for this piece of property,
Mr.Reed told Mr.Hubbard he did have a legal problem and there could be a
time when it could be in Violation.
Mr,Sylvester said it appears to oomply With four of the five criteria but
not With #3.The hardship was created by the applicant who bought the land
knoWing what the dimensions were.knowing the setback requirements,He lS&id
he was concerned that there are still two separate parcelll.
lllairman Myette ll&id he would leave it up to Charles Hubbard to come up with
a solution for the Board.It can be voted on as it etande now.or eome way
could be figured out by Mr.Hubbard to give the Board the latitude to approve
it.
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gQ!iING BOARD OF ADJUSTMENT
Mr.Martineau said that might apply to thiIB parcel but how could it apply
to the other parcel they don't ownl could he impose a condition on that leased
land7
Mr.Sylvester said they can't bind Fan-ell on wbat he iIB going to do.
Chairman Myette suggested an agreement frOll I'll'.Fan-eU prior to voting.
Mr.Sylvester said if I'll'.Farrel rd'uses,then the Board could give a lIlinimUJI
variance under the circuJIIstances.
The Chairman said an attempt lIhould be made to buy it or get s covenant that
he won't build on it.The Board needs something in writing and it would b"
best to table it at this llleeting.
It waa moved by Mr.Sylvester and seconded by IU'.Reed that this request b"
tabled.
Mr.Hubbard waa told he could come back st the first meeting in July.
APPEAL OF JIMNNi.Tl'E PERKINS
This appeal had been tabled at the June 2nd meeting _was removed from the
table that a new plan presented by Mrs.Perkins might be conaidered.
Mr,Reed disqualified himself a~in because he 1$an adjoining property owner.
Mr.Ward said the new plan is for a 24'l()6'two bedroom house,a single
story housel they are interellted in a modular unit.The Board studied the
drawing presented.
Aaked by the Chairman what the coet of the structure would be,Mrs.Perkins
said it would be about $14,000.Asked if she had looked into the possibility
of a two-story house,Mrs.Perkins said she would like to put something on
that she wouldn't have to fuss with as she is a widow.She has looked at
$15,000 and $20,000 houses and she would have to furnish the whole house •
The one I5he lISS considering comes already furnished and she would have no
problem financing it.
I'll'.Ward said the fOnler structure was a eamp with two porches and had been
remodelled for year-round use.He said the firl5t appeal _III advertiaed for
29 feet front yard,now it is 27 feetl there il5 a 22 foot violation in beck.
With that placfllllent theY haven't come anywhere near what ie reqUired.
There being no further support and no opposition,The Chairman called for s
vote.
The Board voted unanimoulll1y to reject Appeal #2 of June 2,1975,by
Jeannette Perkinl5.
APPEAL OF THE gHURCH OF GOD,MR.JOHN STODDARD.AGENT,
This appeal had been tabled at the last meettng for further oonsideration.
Mr.liard aaid he and Mr.Szymanski had :reViewed the site with Mr.Stodda:rd
since the last meeting,and it was agreed that the sewage would be foroe-
pumped.also the possibility of a new Siding on the building had been dis-
cuased.probably could be clapboarded.
The Board studied the draWing of the property.
Mr.Stoddard said the aiding is a mobile hORle type of cheap grade siding and
at a future date they would re-side.Force-pumping the sewage would take
care of the house and would also allow them to enlarge their parking ar_,
would give more ground for parking.
Mr.Reed cOMented that if ths sumacl5 are left there.in another two years
no one will be able to see the back end of the building.
lllairman Myette asked if there waa any further 8uPPOrt or any opposition.
Mr.Ron Bouchard said he wa>;offering support.He ..td he would very much
like to see some Siding put on if it could be done.Mr.Jilyette said he was
not sure the Board could get involVed in that kind of stipulation I that they
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ZONING BOARD OF ADJUSTMENT
have IlIade an effort to conect the sewerage prob18lll and the general
aesthetics of the area.
Mr.Bouchard said he would like to have it on th ..record hie fiB.san R8IlIo
Realty.is in favor of the project.
Mr.BOUchard asked Mr.Stoddard if they planned to put in a foundation and
then move th ..units on top of the foundation.
Mr.Stoddard explained the unitJ folda down into a 9 foot section by 50 feet.
and he felt sure with a grill underneath they can put it up.
Chai~n Myette asked if there was any need to approve a certain plan or
certain stakes.l58.ying the plan Should be the one to go on f11e.
Mr.Martineau aeked about a bond and Mr.Ward lIllid Mr.Szymanski would have
to approve the pWllping system and foundation anyway.
The Board voted unan1lllou$ly to approve APpeal II)from June 2.1975.the
Olurch of God.
Chairman Myette thanked Mr.Stoddard for his cooperation.
PAUL MENARD APPEAL
Mr.Menard returned to the meeting to ask lf he could put a roORI over his
proposed garage.He said the celling would be lower than the ceiling ln
the house because the ground ls lower.The room would be a master bedroom.
He wanted to make sure there would be no problem.
Mr.Menard was assured by Chaiman Myette there was no problem •
The meeting was declared adjourned at 61)0 p.RI.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Jeanette Perkins
On the 16th day of June ,1975 the South Burling-
ton Zoning Board of Adjustment ~~~~Q¥~~-Q»denied the appeal
of Jeanette Perkins.1 Pavilion Avenue I South Burlington
Vermont
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Appeal does not conform with Section 4468 of the
Planning and Development Act.
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ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of-'-P-lla""u...l .......H..e ..na...r""d""'-_
On the 16th day of June ,1975 the South Burling-
ton Zoning Board of Adjustment approved ~P-Q~~~~Q the appeal
of Paul ~lenard.57 Kirby Road,South Bur ling ton ,Vermont
_~based on the following facts:
1)Dwelling constructed prior to 1964 zoning
•2)
ordinance.
Minimum variance allowed to afford relief •
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3)Will not change character of arpa.
4)Conforms with Section 1;,468 of the Planning and
Development Act.
Chai!)llll~l
ZONING BOARD OF ADJUSTMENT
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Church of God,John St.oddard
On the l6tb day of June ,197J the South Burling-
ton Zoning Board of Adjustment approved ep-~eRie~the appeal
of Church of Gpd,J01m Stoddard,600 Hinesburg Road
SmIth Burline-too,Vermpnt
______________________________based on the following facts:
1)Cop forms with a stipulation bY Zoning Board of .;,.-_.
•2)
Adjustment and City Council of february 1923 •
Will not change character of the area.
3)Conforms with Section 44613 of the Planning and
Development Act.
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ZONL~G BOARD OF ADJUSTMENT
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Rene Racine &Terry Tetreault
On the 16th day of June ,1975 the South Burling-
ton Zoning Board of Adjustment approved e~-eeft!ee the appeal
of Rene Racine &TerrI Tetreault,1281 Williston Road.South
BurlIngton.Vernlont
________________based on the following facts:
1)Zonin.;ordinance does not provide for this use
within the City.
I 2)Variance granted is temporary -expires Apd.l 7.
1976.
3)Conforms with Section 4468 of the Planning and
Development Act.
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ZONING BOARD OF ADJUSTMENT
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ZONING BOARD OF ADJUSTMENT
Correction to Hinut86 of June 2,1215
On page 6,the paragnph regarding change in tille for
meetings,the lfOrde and the Board lIembera appeared to
Jl!.ve no objection to tumirnt to an evening ••etins
should read,and the Board agreed to take itunl!!!:
advisement,
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ZONING BOARD OF ADJUSTMpT
The South Burl1D(ton Zon1ng Board of Adjustaent held a public hee.rin8 on
)forlday.June 2.197.5.1n the Conferenoe Roca.Mun1c1pal Offices,1175
Williston Road.
MEMBERS PRESENT
RichaN Myette,tbairu.nJ Frederiok Fayette,Jr"J,li:verett Reed.Alan
Sylvester
tlEKllERS ABSENT
Robart Marl1neau
OTHERS PRESENT
Richard Ward,Zon1ng Adlll1niatratorl Geraldine Varrloeh10ne,Eether Wood,
J ..nnette Perkins,Mary Sh.rd,John Stoddard,Peter Bel'gh,flJt.y Unsworth,
Alfred Sourd1ff,Ron Bouoherd,Andy need$
The Jleetill&we.a oalled til order by the ()lairu.n at 5,00 p •••
APPEAL OF HOWARD AND MARX SHEPARD
App-.l of Howard and Mary Sl:>epard ..eking a "farianee fro.Sect10n 11.00,
Di.ens1onal Requh·..enta of the South BurUngton Zoning Regulat1ons.Request
1.for pera1ss1on to construet s 6'x 20'add1t1orl to w1thin four (4)feet
of the southerly side yard,at 28 Central AVerlue,QIleen City :Park •
Mr.Ward stated the area 1$"oll.ed R-4 and would require a side yard d1Jlelllsion
of 15 feet.The prol'Oul 1a to oonatruct an add1t1lln 6'x 20'which will
enlarge the kitchen and side porch.The house 111 pr.sently 10'6"frolll the
side property lineJ the variSlJoe requeeted would be to wi th111 4'6"of the
alde Hne.He presented a sketch snd dlagn..of the Shepard propnty.
Mrs.Shepard expla1ned th.,-bad lived 111 the bClluse for 22 y-.ra and 1ntend to
$tay there I $he would like to add $few f.et of spaoe 1n the k1tchen to allow
th ...to eat in the k1tchen and give more rooa when the ,gr&lI.dchildreJI arll around,
She $Sid the k1tohen would only be 14'long but the extra teet would take in
the little porch that 1a there now.Her pl"lISent kitchen,ahe sa1d,1a ju.t a
worklng k1 tehen.
Mrs,Shepard sa1d sbe had ee.l1ed til's.Thlbault before ehe appHed for a
variance til a$k 1f they bad any objection,and wa.told th.,-did not.She
explained that tbe \lay the houll8 sit.on the lot,the add1tion oannot pon1bly
block an'ybody'a view.
There waa no further BUpport and no oppoai tlCln.
APPEAL OF JM.;:;a.l-'PI§.
Appeal of Jeannette Perkin...eking s vertance fro.Seet10n 11.00,D:I..enll1onal
Requ1r_enb of the South :Burlington Zon1ng Regulat1ons.Request 1e for
pe~18e10n to construct a 22'x 26'B1nsle fa8ily dwel11n!to with1n twenty-n1ne
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ZONING BQ!!ill OF ADJUSTKE\rr
APPEAL OF JEAlUf~rE PiRKINS (COntinued)
(29)t.et of the required fron_yard,eight (8)feet of the required rel1r
yard,five (5):reet of the northerly ll1de yard and two (2)feet of the aouthllrly
aide yard at 1 Pavilion Avenue,Queel\.City Park.
Mr.Reed asked to have it On the record that lie wall dhqul1fying IIb.elf trom
considerinc thie app.l becau..the property in queatioD abuta hi.property.
Qlai:ruy Myette then explained that a quorull of three ••bem ill'neceasary to
hear an appeu.l,and without Mr.Reed there would only be two ••bere.He -\18-
gested that if the appellant would be willi.,;to wait that perhaps one of the
abeent ..eabera !light COIle in.Me.Perkina agreed to do thiB.
m~OF CHURCH OF GOD,JOHN S'i'Qlm!RD,AGEN'l'
Apllel11 of Church Of God,John Stoddard,Agent ..eI<iJlg a Vll.r1ance froll Section
6,003,Perll1tted Uaes of the South Burlington Zoning Regulations.Request 1_
for llermisaion to construct a 23'x SO'oburch,st 600 Hinesburg Road,
Mr.liard preeented a plot plan,also a plan showing elevatiolle of the propoeed
building with a floor plall,He aeid the arM 1a zoned R~7,The oburch was
grallted a variance by the Zoning Board in February,1973,under the 1964
ordill&noel they were alao gx'allted a ollryMr extension the following February.
The ohurch was to be reviewed and 1t "ould also bave till be a pe:r:'ll&1I.8Ilt etnc-
ture,The proposal ill to .OUlit that etructure on a foWldation "ith a full
...lk-in basllll..t,using the salle bulldina:.The building 1e 23'l<So'alld the
lot is 100'x 871'.lfhe parking requ!r....t would be 11 parkina:epacell.
Folding cheirs arJ.9.ls':t in the building rather than fixed 11Mb,
~r.Sylvester aeked about the disculleioll laet tille conoerning the eeptic
eyet_,ad Mr.Vard said it etlll la not hooked up,alld liebeter-Hartin 01a1lll.
it 1I111 have to be PUilped all there are eOlle ground probl....
Hr.Stoddard,repres..t1118 the Church of God,said that was lIebster-Marlin'e
original plan,to have it puped,but ncnr the church 1e to b ....oved back and
puRping >1111.1I0t be necellsary,He said he .e trying to get a walk-ill ba"'~
Bel\.t but becauee of the expeJIee the plan no"111 for a crawl epllc..'!kere
were tour eites ,ropoled but onl)'two oould be ueed 1Ihich would provide a
high enough elevation eo it "ould not be neceeaary to puap,
Mr.Sylvester lIugseeted that because there ...ed to be euperflllou.dOC\lllents
the correctt one IIhould be identifitd 10 the Board "ould kllOW 1Ihich one they
were cOlleldertng,
Regardll1g the folllldation,Mr,stoddard Baid both alternativell were put on the
plan,but the 4'foundation1e necessary /lOney-willie.
Qla1rean Myette Hid the Board "ould allo"hl.to uae h1e own judgllllel\.t
ftunciall)'ae to "bether to build a 4'or 8'foundatiOD.lie said the CODCerll
waa for the eeptlc area and It would probably be required to get a,prowl of
the City llhgillller to have it accepted,Mr.Myette Mid he wantlld the City
lilllgineer to 60 over the area bi.eelf and approve it.
There 'IlLs no fUrther eupport.
The Chail:lQll,n aeklld if there wae any oppoei tion end Roll Boucherd I repres..ting
san RBlilo RMlty,said he we not rMlly in opposition but he would like to
look at the plan if he could.He stUdied the draWing aDd then aaid that the
request ill to Bove the church bll.ck further to the lI:ear of the lot I he waa not
•ZONING BOA!llLQt..ADJUSTIWIT
!EriAL OF CHURCH OF ~D (Cont.1nu!2.L
JUJ/E 2,1975
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appoaed t.o the church beina in ita preaent.location but would be opposed to
havinS it..oved back into the propoaed location becall8e San R..o OllDS the
adjacent property and ill in the prOce.a of sellini it.,and the church would be
qUit.e rtaible froll tbeir property.He would 11ke to see it stay where 1t 18,
Mr.Stoddard explained the chllroh wa.not loins to ,e soved ilind the brtck
bwlldilll at alll there are four pole.there aDd they are not coJl11l1 back into
therel will be 30 feet dom fro.that.
C1Ia1rman Myette aelted if the proposed location shown on the plot plan is
correct or not,andJolr,Stoddard indicated the proposed location on the plan,
saying t.hey were not loing back into the hill.
The ()lai:tlOliL1l aeid there was confusion about how far it is being moved back.
He then aekfKl Mr,Bouchard 1£he 1I8S concerned about the church baving an
impact on hie property,
Mr,Bouchard .eked llhat the reason was for llov1DC it back,and Mr.Stoddard
replied it wOllld look bett.er,and allio becaUse of dxainage.
Mr.Bouchard eaid thet where the church is now there 18 sood tree COVer and
he had no objections to it there,but there would be no cover back mer"they
propolled to move it.HllI fir.is talking with two dl£ferent propseete for
the property and h.would like to ne the church stay where it ia.
The Chairman aeked for what reason,and Mr.Bouchard said because they are
very cloee to the property line,for aeathet1c reaeona.
The (]ja1rman said he wa oonoerned that the Board could not deteraine th"
loeation fro/ll the plot plan,and could not even be Bure where the septic Held
will go,
Mr.Reed Mid he woold like to see 1t etaked out,
Mr.Sylveater ..aid that 1n lttht of the adj01ning lot owner's objectiollll it
ahould b"staked out and hopefully reeolved.
Mr.Reed then moved to table thls aPlieal.
Seconded by Hr.Sylvellter and the Board voted unanillouely to table until the
next meeting,
Mr.Stoddard,l58ying he had driven up fraJ!Connectlcut for thils bilarillS,asked
if they could aove their building 50 feet back.
Chai:rman Myette Mid the Board would like to o'bserve 1t on-site and Pke 1I
detetIDlnation tbat the loost1on 15 proper and the UM 1s properl also that
the eeptic Gyetelll 1$right.He said the Bosrd would instruct Mr.Ward what
is required and Mr.Stoddard could check with him,and the Board would meet
agaln in two lIeeke.
APPEAL OF JEANr:rTE PEm~
With the arrival of Mr.F'ayette to I118ke a quorum,the Board 11811 ready to con-
sider this appeal.
Mr.Wsrd etated the arfl&1s zoned R-4 with di/llensional reqU1r_ent4l front and
rll8r of 30 f"et and aide yards of 15 feet.The lot formerly had a struoture
on it,a converted camp,which lIali!d"stroyed by fire in June of last 11181'.
It contained 492 sq.ft.with tllO enclosed porches containing 255 sq.ft.
The request ie to put a lIlodlllar typs of dwelling 22'x 46'on the lot,to bf!
oriantfKl so that the front yard would have 29 ft ..wi til 8 ft.of the rear
yard,5 ft.of the northerly side yard,and 2 ft.of the lIoutherly "ide yard.
Hr.t/e.rd indicatftd on a drawing the location of the propollltld home,
ll're.Perkins explained ahe had plannftd on moving into the fOIlller building,
had it all fiXed up,and the next day it burned doWll,
<llaiI'llan Myette asked it if lola/;neceel!llLl'Y to have eueh s I58vere variance as
2 ft.,saying he didn't recall the Board ever having granted euob a severe
Yariance.
Mr.F'ayette !Illid having II stncture 2 ft.frOlll the street wou:td be bad,and
asked it'there waa any alternate plan.
!'Irs.Perkins Mid she couldn't put a txailer Or lIob11e ho...there but lIhe
could have a lIodular hOlle.
The ChaiI'llUin a.ked if the original structure DS a bo-story or a single-
story,and Mr ••Perkins replied it was 8 8ingle.
The Chai:t'li&n then asked he;r if llhe would consider building a two-story
wilding,or a ilu and one-half story 11ke a oape,tlbioh would reasoll8bly
Meet the criteria of the ordinencll.He said he had ~ve concerns about the
variance requested and there were structure.that would fit better on the lot.
Hr.Fayette said he thought s variance of SOIIle sort would probably be re-
quired but that a new structure lIhould not be created with sueh a severe
Yarlance all thi ••
Mr.Sylvester ..id having th.paved portion of the road COlling two feet froa
the house is jUllt too oloS'h He said the Board slJ8l1lld to sgree that a variance
would have to be granted so Mrs.Perkins could use her land,but the prope..l
subJIitted to the Board b not for the ain1aua variance the Board can grant.
The lall requires that the lloard only grant the IIl1n1mua variance.
ChairJlllln My"t.te suggested a building 22'x 24'1I0uld n tin,tlbich lIould be
sOlllewhat Paller than the building requested.It would IIlIet all the crt teria
lIi th one exceptililn and the Board would be reqUired Ul'lder the law to g1 ve II
lllin1aUll or reaeonable variance.
The Qlai:rMn explained the Board could either table this requeet and consider
a new plan later on,Dr they could vote on it now.He ....i4 he 1I0uld 11ke to
saVe th"applicant another $30,and p"rhsps a nell plan could be brought ill
that lIOuld \I"best suited to her needs.
~Sylvester moved to table the r!!llY.!!i!.Seconded bY Mr,Fayette.
The Board voted to table the request until no later than the first lIeeUng
in July.
Mre.Perkins agreed to COl..111 with a .ell plan,
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ZONING BOARD OF ADJU§!~JUNE 2,19?~
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APPEAL OF BURLINClTON I!IDOOR TENNIS CEN1'g.PEl'EIl BERGH
Appeal of Burlington Indoor Tennis Center,Peter Bersh,seeking a variance,
froll Section 13.00.Non~confoIllling Us ••aJl,d structures of the South Eurlington
Zoning Regulations.Request ie for peIllliesion to construct an 80'x 120'
addition and a 75'x 120'addition to the westerly and easterly s1des of the
tennis facilities located off Twin oaks Drive.
!'lx.liard presented So drawing to the Board and Mr.Bersh added a oolored
version of the same plan.!'Ir.Ward explained ti'l.tennh fa 0111 ty is now II
non-conforlling etrllcture lD_use of the R-1 zone.The fair lI&rket Yalue of
the bv.llding is $220.750 and the proposed alterations would be at a cost of
approxilllately $300,000 or $350,000.The proposal ill to add on to both ends
of the building,one addition to be 80'x 120'lind theother 75'x 120',with
the altetations definitely exoeeding the 2~.
Tn.Board studied the drann,.
Mr.Ber@h explained that they are now a four-court facility with clay
courts.The clay surface ia pleasant to play on but coata $1.500 per court
p.r year to llaintain.About 95%of the indoor hnll1a cel'lter.1n the country
have a aynthetic playing aurvace.They had planned to juat re-aurface the
court/ll.but after considerlng it in light of the cOilpeUtlon froa other
fac11itlea.it waa racognbed tllat four colU'te 111I unecono_ioal.The oVerhead
costs are the ......for four as for aix or eight llourta.He sald he believed
the direction they aretping in b to be a fUll;y tannia center,with the
problem being how to expand the fac11i ty intolBix courts and provide adequate
lounge and view1ng aree.After ,tudying on i\for four aontbs.they oaae up
with the prnent plan.He then proceeded to deambe to the Board the layout
of the interlor of the p:topoaed add1 tion••
'!bere wall no further .uppc>rt and no op}lOlli \ion to the plan.
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ZONING BOARD OF ADJUSTMElIT JUNE 2,l211
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Tbe Board voted unaniJIoualy to app:tove the appeal.
~P&AL or ALFlI!D 4<JACQUELINE SOURIllF'(ConUnued)
Thill appeal had been tabled at the May 19th lIl ..ting beoause of objectlons
frolll neighboring property owners to the proposed plan to build ..duplex
dwelling on a lot behind the groC:ery store which Mr.Sourdiff owns and
operatee.The Board wished to have the opportunity to visit the site in
pereon before -aking a deciaion.
Mr.Sourdiff said he had talked with the ne1@hboring property owners and
his neighbor,Mr.Wilkin...ls no longer oppoeilllJ \be plan.and no one else
l18.id anything one way or the other.
0l.a1rman ll;yette asked if there had not been sOllie concern expreesed about
moving it one way or the other on the lot.and Mr.Sourd1f!replied that
Mr.Wilkins hadn't wanted it to block his fenoe.
Mr.Ward said 1t aight have to cOJle a little clo.er.dependillg on the
.tyle of the house he builde.
Mr.IVette aeked if the plan wee for a raieed ranch.and Mr.Sourdiff said
it ......
The Board voted unaniaously to approve Appeal #5 of May 19.1975.
Minutell of Aprll 21,1975
on pelte "line 13,Mr.Myette allked that the word violentll be .trlcken
frolll the record.
on page 4.line 5.Mr.IVette a.ked to have the following changel and alISO
~~t!!!entIi'i'"g the Board and the Citr fathllr&'viOIl on the utt!L!!.
well all hiB own conscience.---
on ~e 4,line 13-L the 20,000 sguare feet should read the 17.000 sqUBre feet.
It _s 1II0ved by Mr.Sylvester and aeconded by Mr.Reed to accept the Minutes
of Aprll 21.1975.as corrected.Voted unanillously fOr approval.
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ZONING BOARD OF ADJUSTMENT
Minut811 of May 5,1975
On p!6e 4,line 17.Mr.Myette asked that the word !!!.!be changed to
consider.
It lISe 1I0ved by Mr.Reed,.econded by Mr.Sylvester,and voted unanillouely
to accept the Minutes of May 5,1975,ae correoted,
Request for chsnge in tille for Zoning Board meetings
Chairaan ~ette referred to a letter to the City Council froll citizens of
the City asking that Council urge the Zoning Board to have its ll8etinge in
the evening rather than at five o'clock,
The tiaa had been changed to five o'olock in order to oon.erve fuel during
the energy crisis.and Ilhe Board aeabera app_red to have no objection to
returning to an evening schedule,
Mr,Myette llILid the utter wa.on the agenda for the Council meeting this
evening,
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It lISS /loved by Mr,Sylveeter and 118conded by Mr,Reed that the meeting
be adjourned.
The .eating vas declared adjourned at 6,05 p.lI.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Howard and Mary Shepard
On the 2nd day of June,197?the South Burlinr,ton Zoning
Board of Adjustment approved the appeal of Howard and Mary
Shepard,28 Central Avenue Q.C.P.,South Burlington,
Vermont based on the following facts:
1)Represents the minimum variance to afford relief.
2)Lots in Queen City Park very small,set off
prior to any zoning regulations.
3)Conforms with Section ltlt68 of t e Planning
&Development Act.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Burlington Indoor Tennis Center
On the 2nd day of June,1975 the South Burlington Zoning
BOard of Adjustment approved the anpea1 of Burling ton
Indoor Tennis Center,Mr.Peter Bergh,Twin Oaks Drive,
South Burlington,Vermont based On the following facts:
1)Appropriate use of the property.
2)Conforms with Section 4468 of the Planning
&Development Act.,,/}
ZONING BOARD OF ADJUSTMENT
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Alfred &Jacqueline Sourdiff
On the 2nd day of June,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Alfred and
Jacqueline Sourdiff,40 Airport Road,South Burlington,
Vermont based on the following facts:
27~...w
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Plan is a reasonable use of the property.
the Planning
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Conforms with Section 4468 of
and Development Act.
1)
2)
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ZONING BOARD OF ADJUSTMENT
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..!Q!!ING BOARD OF ADJUSTMENT
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The South Burlington Zoning Board of Adjustment held a public hearing en
Monday,*y 19,1975,in the Conference ROOIl,Municipal Officea,1175
WllUstcn Road,
MEMBERS PRESENT
Richard MJette,llIa1I'11l&nl J,Everett Reed,Robert Martineau
~ERS ABStlI'l'
Freder1ck Fayette,Jr,.Alan Sylveeter
QIHEBS PliESlI:NT
Richard liard,Zol11mg Adll1niatratorl W1llard R.Nalchaj1an,Robert Flower,
Alfred M.Sourd.iff.Janet and Robert Janes,Earl D.Wilkina,Hans Huva.
D,W.Blanchard.Rod Kayo,Tom Cullina,Luc11lI1 Cote.lllarle.Hub_rd,
G.Provencher,Arthur C.Johnson
The lReeUng vas opened bY the Chairman at 5,20 p ••,
APPIl:AL OF EVANS PRODUCTS CO ••RaBiRr FLOWER,AGENT
'1'tI1$app_l had be..tabled at the last ..eting to allow the Board more time
to study the proposal.Mr.Eeed aoved and Mr.Martineau seconded the rllllloval
of this appeal froe the table.Thill ..oUon was approved unan1aous1y.
Chail'lll&nMyette said the areas of concern had been parki!l3.landscaping,anQ.
the UIlS,that sOllethl!l3 would have to be worked out to provide more parking.
He told Mr.Flour the Board did not wish to design the facility for hill but
_II concerned that there se_ed to be no po.sibility of parking Oil the eastfll1"/l
boundary.Mr.JIlyette auggs.ted an L-shaped storage ares.lll1ght provide at hut
20 .ore parking spaoe••
Mr.F101ler said they had considered paving the back of the property but after
further study it was felt that people would jllSt tum a1lSY and drive out as
the pUblic will not 1lll.1k any distance from their car to the entrance.
The Clbf.i1'lUllLn replied they wen 80ing to hav,..to be mue neld.b1e about the
parking and he lIould like to get this resolved as qUickly as ponible.
JIlr.Floller then said he thought they could do it if they lIere talking about
one line of parking and one driving lane which 1I0uld still leave them with a
usable area.If the Board Rnt.too ..uob more than that,it would '''lBn lIDding
up lIith somethllli 1I0re difficult.
Mr.Reed suggested driving straight around over the track.which are covered
wi th dirt and not usttd.
The Board studied the drawing presented by Mr.Flower.Mr.Ward bd1cated On
the drawing the possibility of gett1ne:about thirty epac"on the line.
Mr.Flower asked 1£the.¥could have I11ne feet 1n width for the spaces,and
Mr.Ward replied 1t has to be ten feet.
Mr.Flower th ..a.ked what area they wOIIld be perJlitted to fence in,could they
extend the fence to the rear of the building.
()Iail'lll&n Myette explained the Board has no jur1ad1ction about hOll .uch fenoing
they have -~only the storage area •
Qul,1:run Myette stated the Board lIould require 30 additionsl parking spao..
to be shown on the revised plan subm1tted to Mr.ilardI the IIcreening of the
eaat boundary,nth the lluesUon of 1lhether Or not Mr.Pomerleau's property
ZONING BQAIlD OF ADJusTIIBN1'
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1a uaed being of no concern 'to the BolLrd.1 at.no 't1llle shall aDJ build1ng
matenal be piled higher than e1gbt feet 1nslde the fenced yard.
Mr.Myette then expla1ned to Mr.Flower that beeause only three IIll11lben of
the Board were 1n attelldance an afflX'l1laUY.vote hOlll all three would be
required for approval.
Mr.nower .aid he bad taken pictures of aeven 1I0re of the1X'etore.which he
coll1d &bow to the lloard.lf they still \!lad que.tloM ILbout the appeaX'lLnce of
the ope:at10n.
Tbe BolLX'd voted unan1aoualy to approve this appeal of Evans Productlll Co.
APPEAL 9L.!lWRD D.HA1CIIAJU1.AGENT FOR DAVID AND ~I!lS WEBSTER
Appeal of Wlllard.R.lIla1ahajian.Agent for David and Darb Webster•.,.eklng
II.""nance.froll Sectlon 13.00,.Iton-confond.1I6 uaea and structures (aub-
..otion ~)of the South BIlrl1ngt.on Zonill6 Regulationa.Request 1a for per-
IIta,1on to rellove an exiat1ns dwelling ILnd raoon.truct a 28'x 32'slngle
f ..11y dwellill6 unlt,at lot No.6 Auatin Road,Bartlett Bay.
Mr.Ward presented a drawing to the Board of the revislon of the original
proposal,"'yillg Mr.NalchaJ1.an liaS sranted a vanance on Apnl 7th to add
a .econd level and ..full ....ent.Slnoe that tille the foundation h ••been
e.mned alld an eatiute ..de,and it was learned it would be cheaper to
r"oVe and reconatruct whlch is wbat they propose to do.They will have a
two-level dwelllng 28'x 32'wt:I1ch 11111 be non-oonfCil1S1ng with reapect to the
lot aize and lot frontage,alao non-oonforaill8 wi ttl reapect to the 150 foot
liIet.baok froll loake Quutpla1n.
Mr.Naichaj1.an explained tha chang_they would uke aa being only new con-
atruction rather than go1ng througb the prooedure of stripping ILnd 1I0ving
tillbers,doora,nnc!owa,etc.The plana are the BIl>lIe aa fint propoaed.
'!'bore was no further lluPJIQn and no oppoai tion.
The Board voted u.naaa.\loualy to approve tb1a requ..t.
APl'f,AL OJ''1'IOIlAS AND BARllA BA LOZEN
App.l of Thollaa and Barbu:a LCilzen a,eking a vanalloe,froll SeoUon 11.00,
DillenaiCilnal Requ1r...entllo of the South BurlingtQln Zoning Regulations.Request
1a for peX'llllsaioll.to conatruot a )0'It 12'addl t10n to exilting atnoture to
within ten (10)feet of the easteX'ly aide yard at 3.5 MaIntoeh Avenue.
Mr.Wa:rel announced th1s appeal had been w1th4rawn.
APPEAL OF MBS AND HljiLllNA J{!lVA
Appeal of /Ians and Helena Huva .aekiR6 a vanance,froa SeotioD n.oo,
Dilllenaional Requ1r.ent&of the South Burlington ZOninc Replationa.Requaat
h for peraiaeion to construct an open deok 49'x 6'6"tCil w1tb1n elghteen (18)
feet of the reqlllred front yard and to within fifteen and one-half (15f)feet
of the northerly dde yard,at 74 Airporl ParkllaY •
ZONING BOARD OF An.JYS'ft!W
Mr.liard explained there are two concrete walke alld sOlIe steplf'they are
propell1ng to cover theae and wrap the deck oompletely around the corner of
the house,80 the total length 11111 be 49 fe.t.H.$&1d the area 1s zoned
R-4 with d1lllenlll1DIlal requ1rellomts of :30 feet f(tr the front ;yard and :30 feet
for the s1de yard on the corner.
Mr.Huw,udng the drawiq aB 1l1lu,trat10n,explained to the Board h1e plan
for the colllltruetion of the deck.
'ftIere ••no further Sllpport and no opposition.
The Board voted uuni.aulllly to approve this appeal.
APPEAL OF RODNEY S.MAYO
Appeal of Rodney S.Mayo seeking a variance,fro.Section 1:3.67,Swi.ming
Pools of the South Burlington Zonizag Regulationlf.Requelft i.for penl1uion to
construct a :U'x 21'.wiU1111g pool to wi thin fight (8)feet of the we.tedy
aide yard and withill eight and one-half (Sf)feet of the r.r yard 11ne,at
1:3 Kar,yland street.
Mr.Ward prelented a dI1Lwing a!tbe plan,MyilllJ the pool would be at the
side of the houBft and the houee 111 :30 feet back froa the street line.
The lloard studied the draldllg.
Mr.Mayo explaincod th18 ..s the a_lleat abe pool t.N.t QOuld be put in.
There ..s no :further eupport &lid no opposition.
The Board voted unanillloualy to ap,rove thlll request.
APPEAL OF ALFRiO "JACQlJELINE SOURD;tFF
Appeal of Alfred '"Jacqueline Sourd.i:ff ..eking a variance.froa Section 7.00,
Pera1tted lilselS and Section 11.1.5 Multiple uaes of the SOlilth Burl1naton Zonill8
R88Ulations.RlIquot is for p81'lUISslon to constl'llet a :32'x 20·8"duplex on
a lot llre.omtly occupied by a grooery store.at 40 Airport Rosd.
Mr.Ward explained the area 111 Boned Bualnee.Retail &lid the grocery stor"is
an allo.,.1I1e U.8.Ths aeotion under variance would be the proposal to con-
struct a two-fiJdly dllell1l18 in a Ousinen area,the lot would be supplllrting
tlfO u ....
Mr.Sourd1ff $8.1d be is now living in Shelburne.Hi.plan ...to live in on.
side of tbe proposed houee and his in-laws Ifould live 1n the other a1de.
Right l'lOlf th1B la a vacant lot,he said,and llhUe be lteepa it mOlfed 1t stUl
catches all the rubbillh,paper,etc"and havillg s house on the lot lIould
improve the spp.rance o!the nWolhborhood.
Itt.Ward lIllid the llR district goes way lIack,the requir8lllent for the duplex
would be 18.000 ..uare feet and 20.000 for the atore.
fIIr,Saurdi!f Mid he could purchase more land it J:Ieceasary.Asked about a
prage,he indicated on the plan the looatiol'l of the p:-opoaed carage.
Mr.Reed asked if a varianoe would be neo..lIllr,y if Mr.So\lrdiff added on to
the store.
Qlaiman Hyette said it wall1d.as it.would be a ault1ple uae.
Mr.Sourd1f!expla1ned he operated the groce:ry Iftore and Nanted to live there
in order to give it better proteotion,to Natch it,that it l(Ould be for
convenience,also that hi.father-in-law would live there too.
'there wall no further 6uPPOrt.
ZONING BOARD OF ADJUSTMENT
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When the Cb&i:ru.n asked if there all any oppositililD to the va riaDce ,several
neishboru exprsssed strong Iilbjeotion to it.
Mr.P1'ovenchel:asked llhat assuxance the neighbors would have that Mr.Sourdiff
llOuld be going to 11 ve in the bouse inst.d of selling it.
Mr.SOuroUf replied that he ,.,15 llhy he waa going to build it,to liva in it,
that no one 'llse llould want to liVe behind the store excspt the person who owned it.
Mr.Wilkins $Sid there a lot of other duplex plaou around there,and only one
that ill an eye~sore,but if this new one should look like the back of the etore
looks nOll,it llould be bad.
Mr.Sourdif!axplained ha had just bougbt it last faU and it wae difficult
to clee.n up in the winter.He is nOll in the proc:ue of Il'l_ning up,painting.
and landscaping.llo\11d
Mr.Wilkens asked which aide of the lot the house be put.saying it lIOuld
block off theoneellles co","U6 througll.
Mr.SOurdUf replied Mr.Wilkins probably wouldn't be able to even see the house.
M:!:.cote aid he felt the people living around there had their human rights I
that !'Ir.Sourdiff could sell the hou..,it oould be filled with childrenl right
nOll it is very fqlliet around there.He aid he didn't feel this was appropriate.
M1".Sourdift':replied tllat right now the lot is an eye-.ore,dusty and dirtYI it
...kea his !.'tore dirty.
M1"."')'0 stated ttlat he used to own the store and there ia plenty of room to
put in a duplex I the houses in back are all rlsht together all114y.
Mr.Provencher ..id taat 1e whY they don't need any sore.
Mr.Sourdiff ..id he llould be nlll.to build a one family house,blat
econolllioally he does have t.o eove there•
Mr.Martineau Mid he thou8bt the queat.ion of whether or not he DS going to
live there If&1I a legitiute OZle.
Mr.Wilkins said the Town should aee that the loningordinance ia taken oare of.
He Illentioned a dllplex OlDlled bY Howard :Barber and the tenant BOVed in a shed
and put it about four feet froe the boundary 11ne and fOllr feet ftom M:!:.
Wilkins'houae.Also a Volkewagen bod)'haa been aating there for &yer a year.
Mr.SOurdiff said anyone could co.e and look at.where he ia living now to see
tllat it i8 good and olean.i
Mr.Reed moved !hat the lloe.Ed table thia app.;!.for vart&l:loe in order that the
pX'2pmy can be visited,lie thought they would feel better if they could take
a look at til.e prlllbl.B that II1ght exiat if the variance us ~nted.
Motion seconded bY Mr.Martineall and voted ullllnlaoualy to table.
Olai:man Myette thanked the audience for the very constructive oppostt1on and
the opiniona exprea.ed.
APP~L OF COURT CLUll,CllARLIS HUDAJID,AGIIMT
Appelll of COIlrt ClUb,Charlta Hubbard.A,eat,••eking a varianoe,frolll Section
13.40,Off street piark1na and Seotion 11.702 Front yarda of the South Burlington
Zonill6 Regulations.Request i$for parmisaioJl to set~off a parking area con~
\aiDing eighty~eigbt (88)spaces which ia under the 8inisUIR required,a1&o
pers1aaion to oocupy an ar.of the tront yard greater than 50 per oent nth
the ProPO&ed parking ar••
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ZONING BQA RD OJ'Al)JUSTMEN'l'MAY 19.1975
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Mr.Ward said the parking req.uir.ents for both the offioe building and the
COurt Club would be 188 cara,160 for the Court Club and 28 for the offic.
ooaplex,and the plan wall deaigned for 88 cara.
Mr.Johnllon indicated the area on the drall1ng llhioh they had boupt for Ilore
parking,ami lI&id they 11111 add four COUr't.II.tvo for racquet ball and two for
aqua.ah.The l!lffice bIllldillS,lIle explained,vould be closed evenings and week-
enda,so that would leave IIOre parkillJ for the courts.
Mr.CulUlls said that ody SO"of the front yard can De used for parkiq.
and if the set.ok 1&alsQ considered.parkiq vould be a real pX'Qbllllll.
Mr.Ward said they would have to re-subllit fQr a variano.QD the aetblock fQr
the other lot,indicating this Olll the drawilill.
Mr.Martineau asked if the addition lIOuld .xpand the nWlber of oars.
Mr.JohnllOD "io1 Nov_ber,Dec_ber,aM JaD1l&ry are the bl.uIiest IlOntha,but
allY over-crotlding takes place after five Q'clock and in the evening when the
office building vould be 8Ilpty aJl)'way.He added that they have ..ore land now
to create the parkiq needed.
Qlairlll&lll Myette told Mr.JobnaOD he lIOuld have to COIle in far variance llhen
hewes ready to bund.Coptea of the plan were left with Mr.liard.
Mr.Johnson asked llben they lIOuld Imow 01\1 aoaething Uke this,and was told
by the (]w.irmall he 1I8S subject to lIite plan reView all Tueaday.Ilay 21th,and
if approved he could get a pen.it the next day.May 28th.
The Board voted uaanillously to approve this varianoe requested.
l'l1nuhs of May 5.197 5
It ...agreed to podponecouideration of the Minutae of May 5.1915,untn
the n.xt •••tillS.
The llIeetillS was declared adjourned at 6.)0 p.lI •
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STATE OF VERM ONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Evans Product Co.(Grossman's)Mr.Robert
Flowers
On the 19th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Evans Product
Co.(Grossman's)Mr.Robert Flowers,Braintree,Mass.
based on the following facts:
1)Parking requirements exceed reasonable number
required for this type of operation.
2)Appellant assures Board that operation will be
neat and clean at all times,therefore,no
detriment to the area.
Building designed to be a 'liarehouse operation
prior to 1974 zoning regulations.
4)Conforms with Section 4468 of the
Development Act.
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•ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
ReI Appeal of Hans &Helena Huva,74 Airport Parkway
On the 19th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Hans &Helena
Huva,74 Airport Parkway,South Burlington,Vermont based
on the following facts:
1)Does not infringe on abutting land owners.
2)Does not change character of area.
3)Conforms with Section 4468 of the Planning &
Development Act •
ZONING BOARD OF ADJUSTMENT
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Court Club,Charles HUbbard,70 Farrell Road
On the 19th day of May,197)the South Burlington Zoning
Board of Adjustment approved the appeal of Court Club,
Charles Hubbard,70 Farrell Road,South Burlington,Vermont
based on the following facts:
1)Better utilization Of parking area,allows
for more landscaping.
2)Physical conditions prevent locating office
building in any other location to allow for
maximum use of land ••3)Conforms with Sec tion 4-4-68 of the",lanning &
Development Act.
ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Rodney Mayo,13 Maryland street
On the 19th day of Nay,1975 the South Burlington Zoning Board
of Adjustment approved the appeal of Rodney Mayo,13 Maryland
Street,South Burlington,Vermont based on the following facts:
1)Odd design of lot prevents Use of rear yard for
location of pool.
2)Represents minimum variance to afford relief.
3)Area presently fenced in no further encroachment
of side lines involved.
4)Conforms with Section 4468 of the Planning &
Development Act.
ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY or CHITTENDEN
Findings of Fact
Re:Appeal of Willard Nalchajian &David Webster,
Austin Drive
On the 19th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Willard Nalchajian
and David Webster,Austin Drive,South Burlington,Vermont
based on the following facts:
1)Lot set off long before zoning requirements
rendered it non-conforming.
2)Does not change character or adversely affect the
neighborhood.
3)New structure to remain same size and location
as existing structure.
4)Conforms with Section 4468 of the Planning &
Development Act.,/
ZONING BOARD OF ADJUSTMENT
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ZONING BOARD OF ADJUSTMENT
Q2!r-!ctione to Minute.of MBy 5,1975
Oft 1*se 4,11ne 17,Mr.Myette asked that the word
~!be ebanged to ~neid.r•
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The South Burlington Zoning Board of Adjustment held a public hearing on
Monday,May 5,1975,1n the Conference Room,Municipal Offices,1175
Williston Road.
Richard Myette,Chairman I Robert Martineau,J.Everett Reed,Alan Sylvester
MEMBERS ABSf<!il
Frederick Fayette,Jr.
arHERS PRESENT
Richard Ward,Zoning AdminlatratorJ R.T.B'lowers.John Benoit,Roland A.
Benoit,Madeline E.Yandow,Donald Marek,John Benedict,Donald F.Kerwin,
Dick Taft.Nancy Lang,Richard Segal,Peter M.Collins,Viola LuginbUhl.
Dan Hendley.Ed.Schneider.Mrs.Ed.Schneider,William Weasel,Anthony Adams,
Mr.and Mrs.Brady Gilleland.Dr.H.M.Farmer,Tony Pomerleau
The meeting was opened by Chairman Myette at 5110 p.m.
mEAL OF JOHN 'L.EWING AND STOKES GENTRY
Appeal of John T.Ewing snd Stokes Gentry seeking a variance,from Section
13.40 and Table 1.Off-street parking and loading requirements of the South
Burlington Zoning Regulstions.Request is for permission to set off a parking
area of sixty-six (66)spaces which is under the minimum required,at 700
Dorset Street.
Mr.Martineau made a motion.seconded by Mr.Heed.to take from the table the
appeal of Ewing and Gentry for a use variance at 700 Dorset Street.This had
been discussed at both the April 7th and April 21st meetings and tabled each
time.
Mr.Ward read the appeal Ss it wae warned for the April 7th meeting and stated
that the appellante were now asking for a parking variance in the present
appeal.
Chairman Myette first asked the members of the Board if they had any question
as to the accuracy of the Minutes of April 21st.saying the Board had dis-
cussed at sOme length the proposed project and had said they would be looking
for some changes in the parking situation.
Mr.Adams indicated on a drawing where he had cut out some parking in ord.er to
add to the front yard,resulting in 66 parking spaoes.lie asid the Lang
Associates would be using 4,000 or 5,000 square feet of the facility.with sn
average number of 4.3 cars.Asked how this figure was arrived at,he explained
a log had been kept every hour for two weeks of the present parking lot,and
it callie to an avsrage of 4.3 cars,with the highest number of cars being ob-
served at one time was twelve.He felt the ratio for Lang Associates would
be one car for 1,000 square feet.He had checked two other office bUilding
parking lots and found one had a apace for every 2)8 square feoot.and another
one space for 220 square fset,and both lots appeared to have a surplus of
parking epaces.He said he had concluded that the parking spaces required in
the ordinance are exceesive and that they can operate With the reduced number
as requested in their appeal for variance.
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Mr.Adams said his latest figure showed one space per 235 square feet of space
in terms of the use and the size of the proposed building •
Chairman Myette explained to Mr.Martineau,who had not been present at the
last meeting,that the situation is one of zoning planning philosophy;that
the "City Fathers"and the City Planner.while not opposed to the use of the
property,have requested that the developers go for a zone change rather than
for a use variance.He said he himself was not philosophically opposed to the
Use concept for that particular location.
Mr.Martineau said he was not sure it qualified for consideration under the
use vartance because the City does have areas zoned for this use,and that
there doetm't appear to be ahardship either on the proposed developer or the
proposed seller --no extenuating circumstances that he could see.He said
the use was well suited to the area and the use has been established by the
existence of a single business;the use would probably be more suitable than
the residential cha:racter for which it wall zoned.
There being no further support and no opposition,the CllairlllSn called for a
vote on ~...in the lIamine;for the meeting of April 7,127 5.
The Board voted to deny this appeal W a.vote of..2.!~
Chairman Myette then called for a vote on the appeal for parki~r!!.!!.£!
as WlLrned for this meeting.
The Board vot,,!!unanimously to appro""this r!!Quellt for P!!::r:.kl!!g variance!,.
APPEAL of SMART ASSOCIATES,RICHARD SEGAL....AGENT
Appeal of smart Associates,Richard Segal,Agent,seeking a variance,from
Section 11.00,Mini_um lot size and minimum lot frontage of the South Burlington
Zoning Regulations.Requeat is for permission to set off a lot containing
approximately six (6)acres with fxontage on a sixty (60)foot private right-
of-way.said parcel is located in an Agricul tu:ral-Ru:ra1 District.Parcel is
bounded by lands of Brodio.Schneider and other lands of smart Associates at•Hinesburg Road and Van Sicklen Road.
Mr.Ward said the arse.in question is zoned A-R District,and Section 11.00
requires a lot siee of 10 acres and a minimum frontage of 200 feet.He
indicated on the map the location of the proposed lot,saying it would contain
six acres and would front on the pr:l.vate right of way,and it would be necessary
to extend the present driveway.He explained that if the request passes,the
developers would then have to go to the Planning Go..ission for approval.
/itt.Collins explained the PXOPOlled plan to the Board.He said the private
right-of-way coming off frolll Hinesburg Road swings to the lIOUth and goes into
a private driveway which they are asl<ing to have extended to allow ingress and
egress and frontage for this six acre parcel which is almost landlocked now.
The propoeal ia to allow the 60 foot right-of-way for three private house lots
on this pri VlIte road and the relllllinder of the land when it is developed would
have access off Van Sicklen Road.This variance,he said.would allow the
best practical use of this land up in the eouthwest corner.He explained the
original lots were sold off before his clients bOUght tha land and allowing
this six acre chunk would tend to smooth out the boundary lines for the re-
lIla.inder of the property.
Collins said they felt six acres to be enough for one single family dwelling
and would not be an eyellore or be detrimental to the COJDlllun!ty and would be in
line with the overall intent.It would be one of the largest lots in the
surrollnding area,most of the lots being somewhat sllla.ller.Hll said they could
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eQliING BOARD OF ADJUSTMENT
see no problems with a sepUo syllhm by having s1lc acres inlltead of ten.
The rest of the property will be planned in ten acre lots.He sald there
would be no problem aesthetically either,would not interfere with anyone's
view.He explained that in addition to the drop-off toward the eastern part
of the property there is also the problem of Muddy Brook which takes off a
good chunk on the southeast corner.These things,he felt,I3hould be taken
into consideration,as they have an indireot effect on the overall use of the
property and would cause developmental problems for the property,He called
attention to the fact that the are8 was not ll'oned for ten aOres when the land
was purchased.and the variance being asked would be the least amount of
varia~~e to allow practical use of this property.
ColHns then referred to the second variance requested,that the driveway
be extended 150 feet so that it can be used by two,or at the most three.
single family homes.He explained the base of the right·of-way had been put
in to te~n specifications as to grading,base,etc.
Chairmar,Myette asked about soil type,with Collins 6&ying it was clay and
ledge.and Mr.Ward adding that it was Vergennee type.
Mr.Ma~asked if the land that il5 less valuable could be included with the
six acres to make it ten acres.He felt if they were planning to develop the
rel!lt of the land in ten acre lote they must expect to have buyers for thie
type of lot,and he wanted to know their specific reasons for asking for the
variance in this case.
Mr.Segal answered that economics was one reaaon,also that this appeared the
best way to set thie lot off and square off the piece and allOW th~to go
forward and develop the ten acre lots.Mr.MArtineau suggested thtlre might
still be a proble~of economics with the other ten acre lota.
Mr.Schneider asked how,if the development is not clearly set out in ten acre
lots,can peo:ple be 8seured that there will not be six acres throughout.
(1lairman Myette Ilxplained the Board is meeting to act on the six acre percel,
not on whether or not the balance will be developed in ten acre lots.
Mr.Taft said he tel t there would be 11 ttle chance of obtaining Illore variances
after the developers had repreaented to the C1 ty that this lIould be the only
one requested,this six acre request.
Mr.Schneider said they could very lieU end up with a four acre piece at some
other place.
The Chairman said this 1I0uld be up to the Planning Commission,that it lIould
be their prerogative to require a complete plan.The Zoning Board does not
have the discretion the Plsnning COmJlliesion has,and cannot take the whole
plan under consideration.
Mr.Schneider asked if this variance shoulil be approved,would it have to go
before the Environmentsl Board.Both Collins and Mr.IIsrd assured him it would.
The Chairman added that it would have to go before the Health Departlltlnt to be
assured that the soU percolation was sufficient for a septic aystem,but he
explained this lias getting out of the domain of the Zoning Board,and theee
questions should be brought to the Planning Comm,ieelon.The other Ilelllbers of
the Board agreed with the CllaiI'lll8n on this.
Mr.Kerwin suggested that the procedure was inverted,that they should have
gone to the Flsnning COllllllission first to present their plan.He then ssked
hOIl valid and binding a favorable deciaion by the Zoning Board would be if
the propossl did not paell the Planning Commission and the Environmental Board.
He wall told it would expire lIi thin six months by the Chairman and Mr.Ward.
Mr.Kerwin then questioned hOll the Board could make a valid dec!elon without
knowing the total overall picture which in their opinion could only be deter-
mined by the Planning Commission.
The Chairman said a reaeonable requeet has been presented,and froll!that point
on they would have to go to the Planning Commhsion,Mr,Martineau supported
the Chairman's statement,saying these other things are handled by the Environ-
mental Agency and the Planning Comllission.
Mrs,Luginbuhl suggested that this variance be oonsidered only on the condition
that the remainder of the land be oonsidered in ten acre lots.She asked if
this WOUld be a precedent-setting varianoe.
The Chairman said the precedent lot was set off when the Brodio lot was set
off.
Mrs.Luginbuhl objected,saying the zoning law was not in effect then.
Chairman Myette eai<l.\be question ClIlile before the Board not only because of
the six aore Dlin1lllum"'&y the fact that they needed a right-of-way to the
property.
Mrs.Luginbuhl then asked if,with the new zoning law,the six aore variance
allowed would be a precedent-setting variance.
Mr.Myette explained it could be,under oertain circuillstancesl that is what
the Board 1s for,to make var1snce8 to the zoning ordinance.
Mr.Martineau said he didn·~t feel there could be any allsurance that there
Would never be any five or six acre lots set off there.If a plan was sub-
mi tted to the Planning Commlllsion,there could be lots of this size.The
Board would not be pretending to eay there could never be another one.One
could be created by an overall plan going through the Planning Commission.
Chairman Myette aaid if the sewer Une went down there,there might be JIluch
smaller lots.
Mr.Schneider asked if it wouldn't be necessary to know the soil conditions
and if they were adequate,or if a larger lot would be needed,who would have
surveillance over this •
Mr,Ward answered it would be necessary to have a State pe:tlllit,an approved
percolation test,and an approved septic plan.The State requires this before
a building permit can be issued.
The question was raised again of inclUding the slope,extending the eastern
boundary to make the ten acres.Mr.Kerwin said he failed to see any basis
for hardship if that could be done.
Mr.Wessel asked about extending the right~of-way.what would be the distance.
Mr.Ward tl8.id it would lIlean extending the gravelled road ISO feet,
Collins said it would not be used as an entrance to the whole remaining
proper'ty,only these two lots.
Asked by the Chairman why the Une couldn't be extended over another 75 or
100 feet to get the ten acres,Mr,Segal said one of the things was economies,
another point is the present plan seems to be the most feasible way to lay it
out.
Mr.Martintau asked if this economics for the developer or for the individual
buyer.
Mr,Segel said it was a cOJllbinatiOll of both,snd they had already indicated
they would not be looking for any other variances.The terrain makes a
natural boundary to break this down.
Collins said the ledge and the drop-off would lIlBke it very expensive to take
a road down there -~a real topographical probl ....,
Mr.Wessel referred again to the road,saying three houses use it now and this
request would make a fourth one,There have been a number of accidents at the
intersection,he said,and traffic cannot stop in time to avoid people coming
out from that road.He wished to point out the hazard in terms of public
welfare by aggravating the exillting probl.....The Chai:r1llan told Mr.Wessel
hi!;right-of-way to get access to the driveway could be eliminated and curb
cuts could be required for access to these houses.\/ith curb cuts there would
be fewer people using the present driveway,and,he stated,Mr.Wessel's
point was not well taken.
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ZONING BOARD...QF ADJUSTMENT MAY 5,l2ll...
Mr.Dan HendlllY,the ne...owner of the Brodio properly,said it did not sellm
unreasonable to him to rBQ.uire that the lot be extended further to make the
ten acres;that he sa...no resson Why it could not be done.•
ZONING !!Q.'RD O~'ADJUSTHENT MAY 5,19ZL.
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Mr,Sylvester made a motion,seconded by Mr,Reed,!!l!.!:the question be spl1 t
~~e sil<acre ~"9uest and the rigbt-of-.....y request,as followsl that
t2-u.would desl !!ih the lot si"el that tz-b would deal with the lot frontage
on a private(rOad.
The G'hu.irman said this could be spl1 t.and the Board voted unanimously to
approve Mr.Sylvestsr's motion.
The vote waf;l #?-a If8S unanimously denied;#?-b If8S unanimouslY approved,
APPEAL OF RAYMOND E.COUILLARD
Appeal of Raymond E.Couillsrd seeking a variance from Section 7.00,Permitted
Uses of the South Burlington Zoning Regulations.Request 1s for permission to
operate an automotive repair shop from e 25'x 27'garage.lot at 79 Swift street.
!'s,Ward presented e BlII8ll drawing of the property.He said the area 18
"oned BR end the present use of the lot is for s single fsml1y dwelling.
The proposed use would be to operate a repalr shop by a member of the family.
The UBe would be e conditional use in a BFD District.The single family
d...elling will f;till be JQQintained with one member of the family taking care of
the sutomotive repair operation,
llIairman Myette asked about th"location in relation to Farrell Drive.
Mr.Couillard said it is dirllctly across the road from the Correctional Center •
He explained hiB aon is taking autolllotive repair in school,is graduating,
and he would like to give him e chence to eee how he can do on his own.He
said it would be mostly auto body work,and therll would be no mese around
because they have to live there th8llif;elves.He stated he is employed at GE
himself,
&.Marlineau asked if he was intending to hav,e any large lnvestment in eqUip-
lDent or in chsnges to the building,
Mr.COUillard explained he hae had eq\.liplllent for l!IOPle tille.
Mr,Martineau s\.Iggeeted putting a time llmit if the request wall approved,
Mr.Myette aeked how many cars ...ould be await.lng repq.ire at one time,
Mr,Couillard eaid ae few ail poeelble,that they have t ...o cars and a tl'\.lck
no ....and they wouldn't want junk care around for parts.
Mr.Marlineau said he didn't want to cauee him any hardship if he 1oIa'l going
to re-ar:r:ange his building,but he was concerned about the situation further
up the road and would like to prevent the _11I8 thlng from happening here.
Mr.Sylvester eaid it is golng to uke lIIore work for people to have to re-apply
in a Yell1r,but it 15 the only way the Board is golng to enforce these variances
and be able to police them.
Mr.Martineau said he ...ould definitely want something like that.
Mr.Sylvester said the variance could explre in a Yell1r and the Zoning Adminie-
trator ...ould automatically notify the own"r to came back in,
Mr.Couillard asked if that would apply to another case.
Mr.Myette answered there 15 no way to go back because it If8S already iesued,
Mr.Couillard then asked if it would be necessary to come hack every year.
The Ctlait11l8n said perhaps not -~it would depend on what had happened the
first year.
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MAY 5,1225
There was no support ll.nd no oppostion from the spectators at the hearing.
The thaiman said he would ask the Board to consider the lllaximum number of
cars to be under repair at any one time,as well ll.S an expiration date for
the variance.
Mr.Sylvester l1IOved that if !h!.1!£!rd grant~!.,!8.Eanceit would eryire
!!.Lthe en'!...!!.f &.year and would cam.the stiRUlation tl:!!:t.E.~ore th8.n f!.!!
cars be on the PfeDI~..i2.r repair at anyone time.
£!£onded by Mr,~!.!l~-...M2~Y2.ted unani1!0ualy,
The Boar!LY:oted unanimouslY to a~rove the request for-.!8J:.iance with the
stipulations noted in the above motion,
It was moved by Mr.Sylvester,seconded by I'll',Reed,and voted unanimously
by the Board to remove this request from the table.This had been ws:rned and
discussed at the April 7th lIleeting and tabled to allow the Benedicts more time
to develop an acceptable plan,
Mr.Ward said Mr.Benedict has had another plan worked out and has come up with
an extra foot,
Mr,Benedict &aid he plans to move it beck about four feet in comparison with
the first plan,with the garage still the same size as proposed but one foot
closer to the hOulle.The location of the cement steps and cement walk was
indicated on a drawing,Aleo reference was made to &.letter from the next-
door neighbor stating he had no objection to the proposed plan.
~airlnan Myette said the evidence of the cement steps changes the conllideration
somewhat al5 this did not appear on the previoull drawing.
I'll',Benedict said he thOUght Mr.Ward had mentioned it.He explained the steps
are hie side entrance,that he has a Z4'circular above~ground pool in the
backyard and there is a fence across there nOli.
Mr.Sylvester asked why he couldn't move another foot closer to the houee.
Mr'Benedict said he didn't want to go too far into the back yard.would have
to make a dog~leg into the garagel also it would be pretty close to the pool,
whi ch lines up with the house.
The Cha.irllllln cOllllllented that the evidence of the stepll ukee the situation
more vivid to him.
There wae no further support and no oppoei tion.
The Boa.rd voted unanitaoudy to approve '!;he request.
!~OF BENOIT llRgI'IlEIlS CONSTRUCTION......ROLAND BENOIT
Appeal of Benoit Brothers Construction,Roland Benoit,seeking a variance
from Section 11.20 and 11.25 Conservation-Open Space Boundaries of the South
Burlington Zoning Regulations,Request is for permission to construct llingle
family dwelling units on lots 81,82,108,and 109 as defined in Volume 11 of
the City Records and known as the Glendale Park Development,
Mr.Ward presented a drawing to the Board,saying the request concerned lots
that were set off in the early 1950's as part of the Glendale Park Development.
The zoning is R-4 and CO District,With lots 108 and 109 on the westerly side
of oakwood Drive located within the CO District,the Intentate eetback of
150 feet.
Mr,Ward indicated the end of the blacktop road on the drawing,saying the
owners would have to construct the rest of the road to town specifications,
He also indicated the location of the drainage way and the setback from the
Interstate,These lots,he said,were set off before the present zoning,
Mrs.Yandow explained the stream goes under the existing private road,
Mr.Ward said the Benoit people had bOUght these pieces and didn't know any-
thing about setbacks until a couple of weeks ago.
Chairman Myette asked that one of the Benoits explain their plan as it seemed
to him that they would be rather small dwellings.
Mr.Benoit said one would be a two-story housel they would pay for the cost
of putting in a road and would do it to town specifications,He Mid he was
from Williston and hadn't foreseen any probiemsi had assumed they had to be
building lots or they WOUldn't be listed by number I he was unaware of any
restrictions when they bought the lata.
Mr.ward said they would have to put in a30 foo·t road and curbs for drainage.
Mr,llenoi t said they were well aware of what it was going to cost them,they
just wanted to be able to do it to get their money beck.
Mrs.Yandow said she had received a permit to build her house sleven years
ago,She fslt ths town should bUy the land now for s green belt because it
is so close to the high schooll also that the brook is a little more than a
small brook in the spring.She said she didn't see how a house could be
bu11t on the other side of the road,
lllairman Myette asked if the City Engineer had looked at this,and Mr.Ward
replied both of the Benoits had been working with Mr,Szymansl<1 and they felt
the d:rainage way could be accommodated,
Mr,BenoH said they would add on to the culvert already there and would be
improving the present situation,He added that they had received.verbal
approval from the City Engineer.
Mr,Charles Tillinghast said he was in opposition from the point of view of
the brook.Even when the culvert is cleaned it becomes a very sizeable
brook in the spring,and there is water in 1t all the year round.He said it
runs behind his houee "here he has lived for seven yeare.The stream has even
contained gas at til1les.
Mr,Benoit said a great deal of fUl had been taken out of there ten or twelve
years ago and the course of the stream ha6 been changed periodically I there
is nothing that can't be rectified.F'ixing the culvert would eliminate many
of the problems and having a grassed-in waterway would eliminate the muck,
Chairman Myette said he felt the Board should ask the City D'lgineer to look
at this,
It was moved by Mr.Reed and seconded by Mr.Martineau that this request be
tabled ,:!-ntil later in the meetine;when the City Engineer would be pre~a..
Motion to table was voted unanimously.
•
•
ZONING BOARD OF ADJUST~MIl Y 5,-l.2Z.2
,
mEAL OF EVANS PRODUC'l'S CO.,ROBERT FLOWERS,L AGENT
Appeal of EVans Products Co.,Robert Flowers,Agent,seeking a conditional
use,from Section B,lO,Subeection 8,105 and 3.109 of the South Burlington
Zoning Regulations.Request is for permission to operate a building materials
and eupplies outlet and provide for outside storage.also a variance from Section
13.40 request permission to set off a parking area containing seventy (70)
epaces which is under the miniJlum required,also a Vllr1ance from Section 11.15
to allow for a multiple occupancy at No.5 Bartlett Bay Road.
---
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ZONINC BOARD OF ADJUSTMENT
~.Wa:rd eaid the area is 1Il0ned BPD.The proposed useI'are conditional under
Section 8.105 which deals with selling of building materials,and 8.109 is
for outside storage area.70 parking spaces are prOposedl the retail end of
it would require 215 parking spaces.The Triple S Redemption Center ill presently
in the building and there would be possibly another area of 4.500 sq.ft.in
addition to the 21,504 sq.ft.area for Crossman's.Present parking provides
for about 70 spacss.Mr.Ward said Mr.!lobert Flowers was the agent for the
firm.
Mr.Flowers then introduced himself as the Director of Real Estate for the
Evans Products Co.which is both a manufacturer and retail distributor of
building materials.In the northeast the company operates under the name of
Grossman·s.with both conventional lumber yards and retail stores.The ulle
proposed for this property is a retail atore rather than a lumber yard.
Mr.Flowers described the proposed operation all a supermarket of bullding
IIl8.terials,dl!lllll1ng with cU8tOllen rather than with contractors.This is a
strictly cash and carry basis although they do accept some credit carda such
as Master Charge.It is self-service with a one-price structure.MOat con-
tractors are not interested l!ash-and-carry purchasing I also IIl8.ny of the
heavy structural type of lumber 15 not carried in the retail IiItore all it would
have no interest for the homeownerl neither are any cement or conorete items
sold.But any contractor wishing to pick up items and pay cash is as welcome
as any other culltoller.He explained there is to be no millwork or sawing on
the premises.People do not make the distinction between this type of operation
and that of a conventional lumber yard.
In response to criticisms of other Grossman's stores in Vermont,Mr.Flowers
said thill one would be nothing like those.The older stores had been put in
less desirable bulldinsa and were,he admitted,not e1<8ctly attractive•
He presented photographs and printed material to the Board members illustrating
the "modUS operandi"of the firm.
l'I:r.Flowers explained that the location fulfilled all the neceseary crt teria
as to lIater,septic system,sunounded by properties also in the BPD district.
having no adverse effect on adjaoent property.He said photographs had been
taken from all sides to shOll there was nothins that could bother anyone in the
neiihborhood.The heavy wooded area totally blooks the viell of the property
from any of the nice homes down toward the lake.
Regarding the impact on traffic he felt their operation required more room and
mOre area for fewer customers than any other retailers.They plan on controlling
traffic with only one egres8 and ingress and do away with the present practice
ofeustomerll driving out over the grassed area.
Regarding parking he said they had studied their own storelll extensively but
had also engaged an outside conlilultant to llI8.ke a stUdy of parking needs and
from these ..tudies it was concluded that from JO to 35 cars daily were needed
to support their operation.In talking with Grand Union they were told that
10 to 15 cars would be needed (parking spaces)for the Redemption Center.
Aleo it was determined that the peak of business for the Rede1llption Center was
Dece1llber when GrolilSlll8n'S pee.k would be at the lowest point because people
just are not interested in remodelling and repairing during the holidays.
The Grand Union Company's lease has a long time to run Idth the Redemption
Center only oceupying on~seventh of the building.Most retailers would not
want to go so far back,but for Grosslll8.n·s it is idl!lllli.Their business is not
from impulse buyins but from planned purchases.
The Gbairu.n asked if future parking,i£needed,could be developed at the
west of this lot.
Mr.Pomerleau,saying he waa the landlord.said it could not because of the
railroad tracks.
ZONING BOARD OF ADJUSTMENT---MAY 5,1975
•
•
Asked about screening for the outdoor storage area,Mr.Flower said the area
was 15 feet lowel"than the adjacent land and nothing could be lIeen fr<>m there.
They Were wl11ing to put ln screening,he said,and expected a lot of questions
about it from the Planning Commission.
Mr,Pomerleau,owner of the adjoining land.offered to let them plant shrubs
such as cedars along the top of the bank on hill land,to give better screening.
Mr.Pomerleau then traced the history of the building,Mying he had built it
for Sears and later it ll!IS leased to the Grand Union which still holde the
lease.He said that whatever thll Zoning Board or Planning ColDllliasion does
should bll incorporatlld into Grand Union'a lease.
Dr,Farmer of Bartlett·s Bay asked about outeide storage,saying he had sllen
some very untidy operations in other Grossman'e stores around the State,
Then he asked about traff1.c which he feelals already a hazard,particularly
in regard to getting out onto Shelburne Road.
Dr,Farmer was told that the State is already in the process of installing
a traffic light at the intersection of Shelburne Road and Bartlett's Bay Road.
He then asked if there is a real need for another operation of this nature,
is there a real need to have all these variances granted so that this operation
can be situated in this area,With the parking problem and the multiple use
situation,he said he is not at all convinced this is the thing to do,
Mr.Mazur 6Bid he agreed with Dr.Farmer's concerns,that he alllo is concerned
about the appearance of the other s't.orlllll.that the company doesn't lie,",to
have much interMt in appearances once it gets i til foot in the door.He 6Bid
he ll!Il;afraid there might be an outside "squawk bo,,"announcing special sales
through the day.His other concern was that the amount of signage allowed
by the South Burlington ordinance \l8.s not enough to identify thE'building
from Shelburne Road.They had that e"Perience with Grand Catalgue Showroom
when customers would pass by the building and continue down the road to ask
residents where it was,
Mr,Mazur also questioned the IIlIter,saying he had only seen one hydrall.t.
Mr.Pomerleau aasured him there we:re two :.h,dranb.He also said he had
agreed to relllove the water tank as 11.was no longer necessary.
Asked if he would have any objection to s stipulation that nothing could be
stored OVer 8 feet high in the outdoor storage area,Mr.Flowers said he
would have no objection,
The Chairman asked 1f he would have any objection to a atipula't.ion that in a
year the Board 1I0uld have the right to review the outside storage.
Mr.Flowers said he didn't know what they were trying to do --in terms of
the investment.They couldn't run one of these stores without the outside
storage and they couldn't agree to go out af businel5s in a year.
Mr.Ward said he didn't think the police power is involved.The Board would
have to have the attorney determine if there was a vio1ation and if there was
enough ev1dence ta take 1t to court.
Mr.Sylvester said he d1dnit think there was anything to be done except to take
the gentleman's word for it.
Mr.Martineau asked about trailer service for customers.Mr.Flowers said
there lIOuld be three of thelll and they would be back in the yard area,
Chairman ~ette said he was not prepared to vote,there were too Illany
ramifications.Mr,Sylvester felt reaaonable conditions and safeguards
could be attached as the Board is entitled to do under 13.10,and if any of
these condi t10ns are not complted with nOli or in the future,then sOllie legal
action would be appropriate to :revoke the variance or the use.It 1I0uid be
up to the court.
ZONING BOARD OF ADJUSTMENT..--MAY 5.1975
10.-
•
The Chairman said he thought it would be premature for the Board to make a
decision without looking into the specifics,and also the development of
future parking without undue hardship on the lessee.He wanted to personally
go down and look at the property.
Mr.Martineau moved that the appeal of Evans Products Co.~!.tabled until
the ne!Lmeeting in order that the B~lIli$t have time to study the
proposal.
Seconded by Mr.Reed and voted unanimously to table,the next meeting to be
May 19th.
APPEAL OF BEN...Qll BROTHERS CQ!!.STRUCTION CO.(CONTINUED)
It was moved by Mr.Reed and seconded by Mr.Martineau to relllove from the
table the request of Benoit Brothers.The Board then consulted With the
City Engineer about the drainage stream and studied the drawing.
Mr.Tillinghast said the brook was not ~~positioned on the plot
plan.aCcurately
Mr.Benoit said the brook iteelf has been changed several times by the
digging.
The Chairman said the stipulation would be that the Benoit Brothers will
have to submit an engineering plan SUbject to the approval of the City
Engineer before they can be issued a permit,an engineering plan specifically
related to the drainage area and how it is to be taken care of.
!he Board voted 1!':!!:!l.:lo!.ously to approve the request of Benoi t Brother~
BubJect to the above-~d stipulations.
The meeting was declared adjoumed at 813.5 p.m •
.'
•
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STATE OF V&RMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of John Ewing &Stokes Gentry
On the 5th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of John Ewing &
Stokes Gentry,700 Dorset Street,South Burlington,
Vermont based on the following facts:
1)Formula requires excessive space for
intended use.
2)WlII ass more buffer area to proposed
development •
3)Conforms with Section 4468 of the Planning
&Development Act.
ZONING FOARD OF ADJ"U'STMENT
·.
•
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of John Ewing &Stokes Gentry
On the 7th day of April!1975 the South Burlington Zoning
Board of Adjustment denled the appeal of John Ewing &
Stokes Gentry!700 Dorset Street,South Burlington,VT
based on the rollowing facts:
1)Does not qualify for consideration under use
variance since zoning ordinance does provide
for this use elsewhere in South Burlington.
2)No extreme hardship on part of proposed
seller or buyer.
3)No extenuating circumstances
by proposed developer.
ZONING BOARD OF ADJUSTMENT
·,
1
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Faet
Re:Appeal of Benoit Brothers Construction
On the 5th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Benoit
Brothers Construction,Roland Benoit,Williston,Vermont
based on the following facts:
1)Reasonable use of property.
2)Lots set off prior to zoning laws.
3)Conforms with Section ~468 of the Planning
&Development Act.
l./"
,
ZON1NG BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Smart Associates,Richard Segal
On the 5th day of May,1975 the South Burlington Zoning
Board of Adjustment denied the appeal of Smart Associates,
r:ichard Segal,South Burling ton,Vermont as to Section
11.00,Minimum lot size based on the following facts:
1)No hardship,additional acreage available.
2)Does not in any way conform with Section 4468
of the Planning &Development Act •
Chair
\,"..,.~
,
ZONING BOARD OF ADJUSTMENT
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•
,
STATE OF VERMONT
COUNTY O.F CHITTENDEN
Findings of Fact
fle:Appeal of John &Yvonne Benedict,10 Ib)Street
On the 7th day of April 1975 the South Burlington Zoning
Board of Adjustment approved a variance for John &Yvonne
Benedict,10 Iby Street,South Burlington,Vermont based
on the following facts:
1)Minimum variance to afford relief.
2)Least modification of regulations and plan.
3)Narrow lot set off prior tc new zoning regulations.
4)Conforms to Section 4468 of Planning &Development
Act •
ZONING BOARD OF ADJUSTMENT
""'"
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Raymond Couillard,79 Swift Street
•
On the ,th day of May,1975 the South Burlington Zoning
Board of Adjustment approved a variance for Raymond
Couillard,79 Swift Street,South Burlington,Vermont
based on the following facts:
1)Property will remaJn as residential use.
2)Member of family to operate repair shop for
one (1)year only,variance expires May,1976.
3)Area is commercially zoned allowing to mix
uses.
4)Conforms with Section 4468 of the Planning
and Development Act.
Oha
ZONING BOARD OF ADJUSTMENT
\,
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Smart Associates,Richard Segal
On the 5th day of May,1975 the South Burlington Zoning
Board of Adjustment approved the appeal of Smart Associates,
Richard Segal,South Burlington,Vermont as to Section
11.00,Minimum lot frontage based on the following facts:
1)Reasonable entrance to the lot in question
because of the physical land character !stics.
2)Conforms with Section 4468 of the Planning
and Development Act.
ZONING BOARD OF ADJUSTMENT
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,
ZONING ,BOARD OF ADJUSTMENT
9!.rrecUons to Min\lt.ee of April 21,1975
On page 3,l!!I.l...!J4 Mr.MyoUe askod that.the word viotlentl;y
be st.ricken from the record.
On pa-!e 4.lino 5.Mr.Myette aeked to ha ....the following
chang."and aleo ho 1B repr..enti!l!5 the Board and the C1ty
fathers'views all th,...1'.1'.01'"a wall ...hiLo"n oone2!!!!.oe.
On pase 4,Une 13.t.he 20,000 891.1*re feei ehould read the
17.000 square toet •
ZONING BOARD OF ADJUSTMENT A!'RIL 21,1975
•
The South Burlington Zoning Board of Adjustment held a public hearing in ,the
Conference Room,Municipal Offices,1175 Williston Road,on Monday,April 21,
1975,at 5,00 p.m.
MEMBERS PRESENT
Richard Myette,Chairman,J.Everett Reed,Alan Sylvester
!!!MBERS ABSENT
F'rederlck Fayette.Jr.,Robert Martineau
Q!:HERS PRESENT
Richard Ward,Zoning Adlllin1strator,Mr.and Mrs.David Watt,Robert SedlOr,
Gerard Duchaine,Gary Waldron,Anthony AdaMa,Nancy Lang
il1a1nan Myette called the meeting to order at 5.00 p •••
Minutes of Aprll 7,1975
Page 3,third line,the word to should be changed to ££1 12th line,!!!l!.-repr....
~should be changed to should represent.
Page 4,halfway down the page,Mr.Sylvellter's motion was intended to read as
follows I !b!!...i~rd attach a stipu!illon that,if the variance h approved,
II W01.l1d be for only one year.
It wall moved by Mr.Reed and seconded by Mr.Sylveeter that the Minutee of
April 7,12LiL be accepted with the above-noted corrections.
Motion approved unanimously.
~L OF DAV!!2...1!J.A.1.!
Appeal of David N,Watt seeking a variance from Section 11.00,Dimensional Require-
ments of the South Burlington Zoning Regulations,Request is for permission to
construct an addition 13'x 22'to Within ten (10)feet of the southerly side
yard,at 31 Airport Parkway.
Mr.Ward stated the atea it lIioned Residential R-4.I<i th a side yard requirelllent
of 15 feet under Section 11.00.DlJIlenBional Requirements.The propossl is to
construct an addition on the rear of the h01.lSll,and carry along with the existing
line of the houlle Which is ten feet setback.The lot ie 70'X 135',was set off
in the early 1950's,and is directly across the street from the property where a
varisnce was granted at the last lIIeeting.
Mr,Watt /Said the addition 18 to provide space for another bedroolll and another
bathroolll,and indicated on the dxswing the proposed location for the addition.
The Zoning Administrator referred to a letter received froll Mr.and Mrs,LyIlan
Deavitt,Sr.,dated April 18,1975,stating they had no objection to the pro-
posed addition.It was established that the lot on the other eide of the Watt
pT<>perty h vaeant.
Chairman Myette explained to Mr.and Mrs.Watt that a IIlSjonty of three votes
is reqUired for approval,and because only three laelllb<'l:t'l!\of the Board were in
attendance at this meeting,an affirmative vote would be required fro.all three
for approval.
The Board voted unanimously to grant thiB request for variance •
Appeal of Kathlell1l P.Duchaine aeeking a variance.from Section 11.00.Dimensional
Requirements of the South Burlington Zoning Regulations.Requeat is for permission
to const:ruct a tllO car garage (2/t'x 24')to 1I1thin flve (5)feet of the easterly
side yard,at )0 Pine St:reet.
•
ZONING BOARD OF ADJUSTMENT
APPEAL OF KATHLEEN P.DUCllAINE..
APRIL 21,1m
•
•
M:r.liard utated the a:rea ill zoned Residential R-4.111 th a side yard :requirellent
of 15 feet.The lot was set off in the 1950's and is 75'x ISO'.He indicated
on the dralling of the property the location of the p:resent driveway and the pro-
posed location for the gange.a two-car gange 24'x 24'.Within five feet of
the prope:rty 11ne.
It was ststed that both #22 Pine and #56 Pine have garagee very close to the
side yard Une.
Gerard Duchaine.repreaenting hie Ilother,was aeked to explain Wby they'llere
requeeting a variance of this Mgnitude.only five feet froll the Une.
Mr.Duchaine esid they have tllO cars.a boat.and a ride-on lawn mOller,also
they want to keep the garage 15 feet froll the back of the house.
Robert Sedlor.saying he Uved at )8 Pine Street,looked at the draWing to find
out more about what was p:roposed.H.asked about tree"and was told by Mr.
Duchaine the trees lIere further back.
Olalt118nMyette explained that the 1954 ordinance had allolled a ten foot set-
hack,and the 1964 ordinance,15 feet,and the Board wae conc.med about allow-
ing a five foot oetback even though the other two neighboring garag..were only
five feet froll the Une.
He further explained to Mr.Duchaine that the Board 1I0uld Uke to be ten feet
from the Une,that this could be accomp11shed by having a narrower and longer
garage,or by moving it over to the west.Ttl.Board would consider app:roving
it if he could adjust the garage to be within ten fe.t.
Mr.Sylvester asked Mr.Duchaine,if the Board lIere to vote on this vanance,
Wi th the stipulation that he Iove the garage as it h nOli proposed an additional
fiVe feet to the Veet,lIould he be 1I111ing to do that.That 1I0uld give the ten
feet.
Olairman Myette also told Mr,Duchaine that he did not have to stay within the
configuntion of the garage,the 24'x 24',but could change this.
Mr.Ward indicated.on the dralling for Mr.Duchaine's information Wbat the Board
was asking him to do.
Thers was no further support and no opposition.
'nle Board voted unanimoualy to approve this 1/llrlance,With the stipulation that
the garage not be any oloBer than ten feet to the 11ne.
APPEAL OF JOHN AND YVONNE BENlIIDICT
'Ibis apP8ll1 had been tabled at the lal5t meeting and M;r.liard Mid M;r.Benedict
had contacted him and aaked that it bs tabled again because he had not yet had
an opportunity to get a contractor to look at hiB property.
It wao 1II0ved by Mr,Reed and seconded by llr.SJ'lveatW that thb appeal be tabled
until the next meeting •
This appeal had been tabled at the April 7th lIIeeting.awaiting more informa-
tion frOll the developers as to the type of tenants anticipated,parking space$
required,and the atnlngl!lllent of the parking lot.
An amended drewing was presented to the Board by Anthony Adams.Architect.
Mr.Myette said that only the 1.188 variance request could be considered at this
lIIeeting,not a request for a parking variance,He explained that because two
members of the Board were not present at this meeting,one negative vote could
deny the appeal,and that Mn.Lang and I'll'.Adallls lIIight prefer to wait two weeks
to have the use variance request voted on,since they would be waiting until
the next meeting anYIl8Y for the parking variance.
The Chairlllll.n then referred to the II8IRO froll the C1 ty Planner expressing his
opposition to the use variance.and added that three lRelIbere of the City Council
are violently opposed to it/ae expressed in phone calls to him.
Mr.Sylvester euggested that if Mrs.Lang and I'll'.Adams should opt to wait
until the ne~meeting.it would ee8lll like a waste of ti_e to have the amended
plan explained to this Beerd and then explained again when the other Itembere
were present.
I'll'.Adams said the overell intent was to provide more landscaped area in the
front of the building and to break up the parking lot by relocating /lO/lle of
the parking.
I'll'.Reed asked what was the Council's objection.
Chairlllll.n Myette said the ordinance is dell1gned to allow for R-7 and he thought
their concern waa with spot zoning rather than objecting to the building or the
use.
Mr.Reed said if it goes back,it could b"held up 11ke the Lalllplough property.
I'll'.Myette said this is talking about just a corner piece of another zone.He
has ab"olutely no objection to the \..,e but is a little concerned about the sille
of the building in tel1ls of what the land area is on that corner.His real
concern ....s that the llosrd might be "etting a precedent.The lloard had jUlllt
broken a precedent on Pine Street.He euggeeted wa1t.ing two weeks on thi".
Hr.Adalls was concerned that if they waited two weeks and were turned down.and
then went for a zone change,they would have waeted a lIiniMUII af four 1I0nthsl
if it was thll general feeling that the lIone change approach was the correct one
that perhaps they ehould be about it a$soon as poe"ible.
Chaiman Myette said the Beard could eettle it now,bu't he tho\1ght the advice
ef the Council should allllO be considered I he felt the Board would be severely
cri tieized if it did grant th1lll \168 variance.Al though he realized the burden
for the applicants,he felt it should be geing the zone changs route.
Mr.Sylvester l18id the only point he wanted to make is that they would have to
rlltum 1n two weekS anyway on the parking.
Mr.Adame $Sid if thi"i"turned down,it would be the end of it,and if they
went for a zone change 1t would be paintlees to !18k for a parking variance
until the zone change wes granted.
Mr.Sylvester explained that the gamble would be two weeksl if the utter ill
tabled at this lIeeting,or if the applicants prevail at this meeting,they
"till hllVe to cOile bilck in two weekI;.It would be either rejeotion at this
meeting or approval or rejection two weeks fro_now.He said he felt the
Out.irman was being extrSlllely fah:'and frank in pointing out what could happen.
With enly three member"present.100%of the votes are necessary.whereas with
five present only three votee would be needed.Hr".Lang asked if there is anyway of knowing how IRany lIlight be present at the
next meeting.
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..!ONING BOARD OF ADJUSTMENT
APPEAL OF JOHN T.EWING AND STOKES GENTRY
APRI L 2l...a....l2.'Z.5.
Mr,Myette said that generally the Board has gOOd attendance and he had not
anticipated any problem at thie meeting.Th.,y could make fairly sure of
haVing a full Board next time unless someone had to be away at sOllie distance.
He explained he is trying to do what is extremely fair here,but again he does
have an obligation as ~irman and aleo he 1e representing the Boa:rd to the
City and to his own conscience.It is extrtiMely importent to Bvexybody involved
that this decision should be made by a full Board,not only from the standpoint
of the appellants but from the City's point of View.
Mr.Reed asked what process was involved to get a zone change,
Mr.V..Ed said it involved more money for one thing Vith other things involved
also.
Mr.Adame asked if there wee any other direction in which they could be helpful.
The Olairman said he would 11ke to know more about whet the 20.000 square feet
was going to lOok like.
Mr.lI11rd said the ...y it would f1 t on the land should be considered also.
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W-NING BOARD OF ADJUSTMENT APRIL 21,1975
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It was moved by Mr.RelKl llnd seconded by Mr.Sylvester that this appeal be
tabled until the next meeting.
Motion voted unanimously for approval.
It was theA moved by Mr,Sylvester that the meeting be adjourned,Seconded
by Mr.Reed and voted unanimously.
Meeting was declared adjoumlld at ,5145 p.lII.
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STATE OF'V8RHONT
COUNTY OF'CHITTENDEN
fi'i.ndJn~"ts o-P'Fact
he:'en))P8-1 of David Watt,.'n Airport Parkway
On the 21st day of \prH,1975 the South BurlinEton Zoning
BOard of Adjustment anproved a variance for Mr.David ''1att,
31'lirt"ort Farkway,Sou1;"Pur]i.ni;ton,Vermont based on UH,
fol10\'Iin'\facts:
1)Lot set off prior to ordinance -allowed fOr
side yard of ten (10)feet,present dwellin~
bein';ten (0)feet fr om line.
Represent the minimum Varil'lDC,e that wiIl afford
rel1.'O'f •
Conforms wi HI Sect]on 4 L,,68 of the Pl:umim:
&Developm"nt Act.~/--:.._).."/"/
Ch/:r.'::~~_~'L~..'.
,i
.!C/
(':=-:~~~
~7~T_~.~
ZONING BOARD OF ADJUSTtI,ENT
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STATE 0"'VERMONT
COUNmy OF Cll1'l"J'ENDEN
F'ind!n~:·s of '<'act
Re:AnN'''']of KHt'lcen Duch::'.in",30 Dim·,Street
On t"J"21st day of April,1975 Un South Eur]in"ton Zontnr'
P,o~rd of Ad ~w;tmen t H.,;,proved a varianc e for Ms •Kathleen
Duchrdnp,jO Pin?,'treet,South Furllno:tnn,Vermont based
on th"fcl1owin,.-facts:
1)NHrrow lot set off prior to ordinance
prevents construction of a garage in
conform'mce.
2)RelJresents th0 minimlJ,m var.1 ,mee tk'.t will
a:'"'o"o r0'J.1pf.
Conforms w1th D-ovj~ions set forth in Beetien
4468 of th~Phmnin."&Deve~~_~~...,:\.ct.;;
?r-#7b"------.-....~----
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CORRECTION TO MINUTES OF APRIL Z,1975
At the April 21,1975.meeting of the Zoning Board of
Adjuetment it was voted to approve the Minutes of
April 7.1975.with the following corrections I
Page J,third 11ne,the word to should be
changed to ~I twelfth line,will represent
to be changed to should represent,
Page 4.halfway down the page,Mr,Sylireeter's
motion was intended to read I that the Board
attach a stipulation that,if the var1ance 1s
approved,it would be for oiIly one year,
The South Burlington Zoning Board of Adjustment held a pu.blic hearing on
Monday,April 7,197',in the Conference Room,Municipal Offices,1175 Williston
Road.
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ZONING BOARD OF ADJUSTMENT APRIL 7,1975
•
MEMBERS PRESENT
Richard Myette,Chairman,Frederick Fayette,Jr.,Robert Martineau,J.Everett
Reed,Alan Sylvester
MEMBERS ABSENT
None
OTHERS PBESENT
Richard Ward,Zoning Administratorl R.Bouvier.G.Waldron,T.Tetreault,
J.Harade,John Benedict.Yvonne Benedict.B.C.Magnant,Nllncy E.lang,
Anthony Adams,steve Bushey.Ron laBounty,Mike Lorraine,Charlelll Diggle.
Stuart Ireland.Lucille Racine,Rene Racine.Willard R.Nalcha.jlan
The meeting was called to order by the Chairman at 5,05 p.m.
APPEAL OF ROBERT AND EILEEN BOUVIER
Appeal of a.bert and Eileen BOUVier asking a variance from Section 11.00,
Dimensional Requirements of the South Burlington Zoning Ordinance.Request is
for permission to construct an addition 17'x 24'to within 12 feet of the
southerly side yard at 26 Airport Parkway.
Mr.Ward said the district is R-4 with a dimensional requirement of 1.5 feet
Side yard.The proposed addition is to line up with the house which is 12 feet
from the lot line.The lot is 70'x 160'and was set off in 19.59.A letter was
received from Donald Ral~of I\1rport Parkway,adjacent property olmer,in which
he stated he had no objection to the proposed addition.A sketch of the house
and proposed addition was presented to the Board.
Mr.BOUVier was asked by Chaiman Myette to explain his reason for requesting
this variance.Mr.Bouvier replied the purpose of the addition is to have an
additional bedroom and bathroom and this would be the only place he could put·
the addition.
There was no further support and nooppoaition to this request.
Mr.Martineau stated he would abstain from voting on this appeal.
The other membere of the Board voted unanilloulSly to approve this variance.
APPEAL OF BRADLEY C.MAGNANT
Appeal of Bradley C.Magnant seeking a variance from Section 11.00,Dimensional
Requiremente of the South Burlington Zoning Regulations.Request is for permission
to construct an sddition to an existing garage 22'x 10'7"to within seven (7)feet
of the southerly Side yard.at .51 Maryland Street.
Mr.Ward said this is zoned Residential R-4 With a dimensional requirement of
1.5 feet for the side yard.The proposal is for an addition to the exieting
garage.The lot is 70 feet by 174 feet average depth,located at the end of
the cuI de sac on Maryland Street.A letter lIlI\e received froll BaYllond Young
of 10 Elizabeth Street saying he had no objection to the proposed addition to
the garage all sholm on the plan.
Appal of Bradley C.Mapnt (2£!lllnued)
A drawing was submitted to the Board showing the proposed addition.
Mr.Magnant said he had been forced.to buy a second car and needed to have a
larger garage as he did not believe in keeping a car out on the "treet.
Mr.Martineau asked if this would be strtctly a two-car garage,that Mr.Magnant
was not planning on closing off the present garage for other purposes.
Mr.Magnant said it would be a two-car garage.
llIairman Myette stated it would be a serious lIZit.nM of the 15 foot requirement.
There was no further support and no opposition to the request.
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ZONING BOARD OF ADJUSTMENT APRIL 7,1975
•
The Board voted unanimously to approve thta variance.
APPEAL OF JotIN AND YVONNE BENEDICT
Appeal of John and Yvonne Benedict seeking a vartanee frolll Section 11.00.
Dimensional Requirements of the South Burlington Zoning Regulations.Request 1$
for permiasion to construct a garage 14'X 24'to within six (6)feet of the
westerly side yard at 10 Iby street,
Mr.liard said the distrtct is R-4 requiring 15 feet side yard.The proposed.
garage would be a freestanding garage 14'X 24'to within aix (6Q feet of the
aide yard.The lot is 70'x 120'set off in the 1950's.
Chairman Myette aeked the Zoning Administrator if there are any similar
variances in the neighborhood.Mr.Ward replied one had been granted lsst
sumaer for five feet.
Mr.Benediot was asked to explain his r.$(Ins for the location of the proposed
garage.He explained the proposed location would allow 8 feet between the
house and garage for the future construction of a mud-rooll or breezeway.The
garage is going to be a bit lower than the house,with three or four steps to
get into the house by way of the side door.Putting the garage any farther
back on the lot would interfere with the sWilllllling..pool.
The llIai:r1ll8n allked Mr.Benedict if he would consider building a 12 foot garage,
but he replied that he is to go to all this expense he wants to have a garage
wi th enough roOm in it.
llIairman Myette said the possibility that Mr,Benedict may want to oonstruct
a breezeway at sOme future date has to be conaidered as only a possibility and
not as a fact.I/i thout the breeuway the garage would have to be a6 close to
the house as pos sible.
Mr.Fayette's oOlllllent was that the Board is working with a six foot request
in a lot set off when 10 feet was the liait,and that must be kept in mind.
Mr.Reed asked about moving the garage 4 feet back and 4 feet closer to the
house.
Mr.Benedict said that putting the garage back wOUld take the light away from
the kitchen.He said he was thinking in tens of the 10 foot vartance which
had been there for years,that he was asking for only 4 feet of that 10 foot
vartance.
Asked.by Mr.Martineau is there ie already a swilllling pool there,Mr.Benedict
replied there is a pool there,a 24 foot pool.
Mr.Myette explained that at lea6t two if the required cr1terta are not being
met,and if all the criterta are not lIet then the request auat be denied.
He told Mr.Benedict that he was presenting the situation without any flexibility
and he didn't see how the Board could legally approve it.
Mr,Fayette Il8ked if the topography of the lot ie pretty level.
IU',Benedict replied it is.
APR_l of John and Yvonne Benedict (continued)
The ()lal:ru.n uked the appellant if he would like the Beard to table the
request to allow him time to reconsider the location or change the dimensione.
to talk with the bUilder.
K:r.Benedict asked how many feet would be the 11mi t.
K:r.Myette 68id the Board would not allow ths 8 foot dimension between the
house and garage on the ~ere chance that a breezeKaY ~ight be built there.
Mr.Benedict then asked which way would they euggeet he lIove lt if he has to
go 4 feet fro~the hou...
The Chairman eaid there would be 8 feet to play with.to allow him to keep
Within the 10 feet.
Mr.Syitester sUd that under criteria #5.if the variance is authoriZed.it
will repreaent the 1II1nimull varllimce that will afford relief and represent the
least aodlf1catlon posslble of the zonlng ordlnance.The Board ls locked lnto
theee five criteria.
Chal~n Myette explained that the.e crlterla are actually State statutes from
the Planning and Development Act of 1969.There ie a very MUOW latitude for
zoning boards as opposed to planning boards which have more discretionary
powel'll.
Mr.Myette added that they would be happy to table the request to allow Mr.
Benedh,t lIIore time to consider itl this would givs him a couple of weeh to
reconsid.r without having to pay another fee.
K:r.Fayette asked sbout the bU.cktop driveway.if it comee to where the garage
would begin,and if moVing it closer to the house would neceesi tate SOlIe sort
of "dog 1 eg"to be IIlSd e in the drl v.way •
The Ch&inan suggested Mr.llenedict try to oOlle up with 3 feet more on that
side.
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ZONING BOARD OF ADJUSTMENT APRIL 7.1975
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It was moved by Mr.Sylvester that !'If.Benediet's request-be tabled.
Seconded by Kr.Reed and voted unsnbl,ouely.
Mr.Sylvester suggested to Mr.Benefllot that he pick up the zOll.ill@;cri terlll
f:rom the Zonillg Administ:rator.
APPEAL OF RENE RAgNE.TfIIRRY TETRlIlAULT,AGENT
Appeal of Rene Racine.Terry Tetreault.Agent,Beeking a wrlsnce froll Section
7.00.Permitted Usee of the South Burlington Zoning Regulatioll.s.Requeat i"for
perm188ion to ope:rate all.autOlllotive service shop f1"Olll all.exi8ting structure
located at 1281 Williston Road,rear of the Fabx1c Mill.1285 Williston Road.
Mr.Ward prea811.ted a photo of the building involved.aleo a d:raWing of the
property.He said th1e area i8 \'lOned for Buslness Retail.The struoture is
located exactly to the rear of the ex:l.sting Fabx1c Milll a single family dwell-
ing is alBa located on the property which oontaina approx:l....t.ly three aores,
aleo another building.The propcl8ed use is conditional in a Businees Planned
DevelOpllent.This proposed use is for an autolllotive $bop epeo1alil'ling ill.ser-
Yieing four-wheel drive trucks and s.lling and installing eqUipment relating
to these trucka.
Chairun Myette 8&id this use is absolutely prohibited in this district and
must be approved for a oonditional use in BPD.
Mr.Tetreault was aaked by fofr.Myette to desorlbe the ope:ratioll..
He said he would epeciaHze in trucks instead of carlltwould 8peo1&11l;e in
four--wheel drive equlpaent,aell 1t and inatall it.He Did he haa had his
eqUipment in the location for awhile and is Malting to begin.His hours would
be frolll 8 to 5 o'clook.He pid Mr.Racine had a ga:rage there for ten)e8rs.
~,Racine confirmed that he had operated there himself for IIbout ten years.
C2:1airman Myette asked about trucks and vehicles awaiting repair,hOIl nl8ny
llould be parked there I that there didn't se....to be much area for parking.
Mr.Racine eaid all of the plU'king 1I0uld never be used.
Mr,Myette r8llinded him there are three other ue8rll of the property.There
might be plenty of parking for his use,but would there be enough parking for
the other uses.
~.Martineau aeked Mr.Tetreault to dlilf1ne what he meant by eelling and
installing equipment --what type.
I'lr.Tetreault eaid it 1I0uld lIlean h-.dere,roller bare,ekid type,special
rims.tires,just anything that th"own"rs of the truckll would 1l&nt.
Mr.Martinll8u then asked if turn-around time "auld be rapidl would there be
several vehicles parked there for a long time.
Mr.Tetrtlllult eaid most people wouldn't want the vehicls tied up long anyway.
He would try to keep material in stock bllt occasionally something might have to
be ordered.There would seldom be anything that would take a week,
Mr.I'ly"tte eaid the Board would not be tying up a piece of property for a long
period of time,and he would suggest that the Board look at this apin in a
y ....r.He said hie concern was that bueiness would be so good that therll would
be trucks all over thll place and he didn't want to lIee the .Il ..thetics of the
area jeopardized.He lIll.nted to make it perfectly clear that his reason for
voting for a uee variance in thie partiC\llar instance lIould be because it 16
Dlore of a t811porar,y nature rather than a perDlllnent one.
Mr.Sylvester moved that the Board attach a stipulation that,if the variance
is !pproved.the Board would have to leok at it spin by the end of a yeaf.
Seconded by Mr.Martineau.Motion voted unaniaously,
There 1tlJl,1j no support and no opposition.
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ZONING BOARD OF ADJUSTMENT APRIL 7,1975
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The Board voted unanimously to approve the variance with the stipulation that
it be reviewed at the end of a year,
AM'EAL OF sTUAR'l'D,IRgrAND
Appeal of Stuart D.Ireland seeking approval UDder Section 8.10,Conditional
Ulles of the South Burlington Zoning Regulations.Request is for permission to
construct s building for use 8S s wholesale and retail builder's supply outlet
and an office area,containing 7,500 equare feet,at Lot 8,Green Mountain Drive.
Mr.Ward displayed drairings on the board of the plot plan and elevationll,and
indicated the location of the proposed building.He said the area is Business
Planned District,with wholesale business and storage buildings allowed under
8.104 and the eale of building mIIterials and Bupplies under 8.105,both 8e aub-
sectione of Section 8,10,The proposal is to construct a warehouse and office
60'x 100'with an area of 1500 square feet,Lot 8 on Green Mountain Drive has
a frontage of 808 feet,the northerly line 115 137 feet and the southerly Une
181 feet.Approval was gi van to Mr.Ireland last SepteJlber to conetruct a
similar building on Lot 9,88 S conditional use.
Mr.C2:1arles Diggle,as agent for Mr,Ireland,said the proposal is eiml1ar to
the one they caae in with last September,Mr.Ireland had the building nearly
COJlpleted and had an opportunity to 5e11 it to Aquatech,which would be a.per-
mi tted u"e as a lab,Aqua tech ill in the proceSI$of ,.oving in.The proposal
now is to recreate thi..same building next door for the sale of building
materials,primarily wholeeale,'lOllle to tradesmen in the area,and a limited
amount to retail cU'ltomer'l.Would be selling things like cabinets,larger
appliances,builders'hardware,things of this nature.Building is to beplaced
in the center of the lot,conforming to all setbeck and side lines,IIi th a
proposed landscaping plan sbllar to what they feel were the wishell of the Tree
eoaaittee st a meeting with them previoUsly.
Mr.Diggle said they were elsa seeking an accessory use for outside storage
under Section 8.109 >lhich was not warned.This would be hidden by a six foot
fenee of either pine or cedar fencing With stone piers on the corners.The
intent would be that no outsids storage would bs visible to the passing pUblic.
Mr.ward stated th1e could be considered becallse it 11;;warned under the general
conditional lise under Section 8.10.
Clairman Myette uid th1e 18 the one area under conditional loins >lhere 1l01lleone
aight cOJllplein,since it NaS not warned for outside storage.
Mr.w..:td said it could be tabl.c1.
Aft.er a five llinuts recess for dhou8lSion,the Chail'1llln stated the ~Cl,.rd had
decided that liven though Section 8.109 was n<lt spe01f1cdly spelled''tb Mr.Ward
>lhlln the application for the variance was filed,the Board cen continue to
hllilr this partioular request under tbe WIIbrella of 8.10 and all the considera-
tions that fall under it.Mr.Myette Mid his concllrn was for adjoining property
owners who 1II1ght not have been concernlld with what \l&S warned,bUt who might
bave COJIIe to the IlIlSting had the reque"t for .outside atorag..bee warned.
Mr.1'Iylltte then asked Mr.Diggle 1'1010 he lfaS prepared to scree th1ls storage.
Mr.Diggle said it would be the northweeterly corner,indioating the locetion on
th ..draWing and _ying it 18 heavily wooded in that area and there is no house
nearby,He !lI/I.id the six foot fence would be pine or cedar,with etone work at
thll corners for the opeinge,with nothing viBible to the public,storage w111
be kept below the sight line.Asked about equipment that is vi$lble right now,
Mr.Diggh said that ill there onlY unt11 the building ill COJIpleted.Mr.Ireland
prol1liQeel the <'portable silo"Will not r_in on the property,
The Chai1'll&n COlllMented that even a truck in the storage ar_would be visible.
Mr,Diggle said things in the nOI1lllll course of business such as building
msterialB would not be seen f~the etreet,An ocoasional veniole coming or
going would b.tral1lllitory,and not oonsid"red storage.He eaid they wanted it
to appear attractive and to satisfy the req,uirlllllent that no IlBterialll stored
out/i;ide be seen by the general public --they intend to coapl)'With that.
He said the building would be clear-span $Iltal building,eclor not decided juet
YIlt,the officII building to be of natural uteriale of conventional fralle con-
struction with landllcsping around it,llilllilar to what has bee built nel<t door.
They are planning on going to tlile panning eo.ba10n for ai te plan reltiewl
alao will have a review by the reltiew QOIIIIlttee of National Life,He said the
architectural review cOlUlittee of Natioll/il Lifll tend"to agree Idth the local
Planning Co....ia..ion becsus ..to disapprove it would Mean going back to the Plan~
ning ColUliesion again.He said the building does <:on£ol'll to the by-laws in
effect in this developllent as well as other criteria reprding adequate sewer
and.water,curbing.,catch basins,underground lfiringl there is no bu:tden re-
garding traffic::oontroll the charact..r of tb..area is budne",$llllHar usesl
no adjacent residential neighborhood".The UVM fsm is in ba<:k of the property,
with lluite a bit of trees srowing to break it lip.
Qlairun lIyette asked about the cuI de MC.Mr.Diggle pointed this out em the
draWing,saying it has been deeded to the City and bas aet City rsquireaents.
He explained the easement gon through the lot for future use but the constI'\1ction
doe"not.
Mr,Myette pointed out on the drall1ng where it appeared that the cuI de sac cuts
right in.P1r.Diggle explained it would not .ateriany affect th1a planl this
type of buainess does not require a lot of traf!1o,and this could be .ettled
at the COlll1liseion'"site plan review.
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ZONING BOARD OF ADJUSTMENT APRIL 7.197.2
There was no further support and no opposition to the request for variance.
Mr.Sylvester 11l0ved tbat if in fact the Zoning Board mnts this conditional
u.e,that the reguireJIent 11 that all outlllide storage of goodlll be such that
they are screened froll view from outside the lot.
Seconded by Mr.ae«l and vot«l unaniltously.
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ZONING BOA IlD OF ADJUSTMENT APRIL 7.1975
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The request for variance was approved unan1aously by the Board,111 th the above-
noted stipulation,
APPEAL OF NORTHER!!T~NALS.INC.!RO~'ALD LABOUNTY I AGEIl'1'
Appei\l of Northern Te:tII1nellll,Inll.,Ronald laBounty,Agent,..eking ..variance
Irn Section 11.00,Diaenaiou.l 1!lpquiresents of the South Burlington Zoning
Ordinance.Request is for peraiaaion to cenatruct all.addition 60'~100'to the
existing One Hour Hartin1sing Building,aide yarda under ain111U1ll required,also a
varianoe fro.Seotlon 11.15,multlple use.proposed,five retail outlets on one
lot,propoaed lItructure would a1ll0 require a variance from Sect10n 11.702 to
alloll for a portion of the front yard greater than 50 per cent to be used for
PlIrking and construction of a gasoline pump island,in add1tien a variance frOB
Table 1,Bubeeotion 1 and 3 Off-street parking,unloading alld loading area,
requ.at to set off a PlIrkill6 area containing fifty (50)spaells whieh is under
the mini~required,at 1160 and 1166 Williston Road.
Itt,j(ard Mid the area is 1Z0ned Bull1ness Ratail.Seotion 11.00 requires 30 feet
for side yard,the propollSl is for 23 feet on the west side and 25 on the east.
The .ster1y side yard itl the ensting one.The proposal is to line up with
the prelJent One Hour Martin1zing Building.The \luf:t'er strip would \Ie appron-
utely IS feet,however,the requir"ent 18 that 5O~L\i~t.not be used fof parking.
In this case they qnt to use 1t for parking and oircu1atiol:l because of the
proposed use.The floor plan identif1es one seotion to be a grocery store snd
the othar section to \Ie retail IIlhops.Would be a total of five shops with the
IJroc.ry store and thre.retail uns based on llhat is allowed,these uses plull all.
unloading ana loading area refluir~.t IIOl:Ild aean 60 "paces for PlIrking would
be required,war.a only SO spaces are proposed.The proposal is to rue th.
existing Chevron station and line up 111 th the dry cleaning building,will be
29 feet 'back.Exieting drivellB)'1I 11111 \Ie ullled,
Ol.iraan Myatts asked Mr.Ward if he had I118de a sits inllpect10n of this.Mr.Ward
said he didn't tape 11'.off.He added that personally he el1dn't think the need
for all these parking sPlloes in baok would ever lIIBterial1ze.but fill ill being
hauled ill then evary day.
Mr,Myette asked Mr.laBounty to expl&ia th.uae,the type (ill oonstruction,ancl.
the ae.thet1o value of the proposal.
Mr.LaBounty ...id tile building wOl.l1d be ll1ail&r to one he bad just built for
Northern Te~1nals at'Tafts Corners I s steel buill!ing with brick front and 1fO\l1d
be quih an i.prov8lllent cOIIlparsd to wbat ls there now.Would incorporate the
desigll with the Martin1zing wilding.Back area is beiag filled at presant.alld
will need a little lIore to bring it up to a little hiel'Jer elevation.Will b.
for customer parking if necessary,He 1IO\I1d like to PlIve the IIhole ar_if they
have to do it to get the parking in thsre.I(o\\ld pave it now if ",eaeaury and
delineate the parking spaces.
The ()lairman asked how the buffer wouUbe treated.
Mr.Lallounty .8Sid tile intentioll was to have a rolled allphalt our1l.plant graBS
and low sh:rullli such all juniper,ae atlch aa they can get in there 111 th not .uell
roo.to play with.The existing sign would be 1I0Ted and put up over the aarket.
and a canopy put oTer the idand just for appearances.'lb.sign would be the
aalle one ae U5ed for the I18rket on Shelburne Ruad.
<llainan Myette said thia wou1.d appear to be a vast biprov8lllent over what istilersnOlf.
Mx'.Lallounty said there 18 presently a ahed on 'the property ldlich is located
directly on the sewer line and they bave been askwd to change thia 1f possible.
Mr.Ward said 'the proposed wilding 1l"ould be back of the senr line.
Chai:r:san Myette said he was conoemed abo\;lt p!Ll'king beoa.\;lse it looked like a
Mq\liek stop"type of operation.perhaps Dot needing the number of spaoes re-
quired in noxual Bu'lin88S Retail ulle.
Mr.Lallounty &IIid they had planned for the spac...only because they felt they
had to meet the requirllllent.
Mx'.Myette asked abotlt leasing the other stores,that parking for these two usee
would b"a eoneern.
Mx'.Ward explained the lIIethod of COIIlpllting parking epaoel5 eho1l"ed a requir.ent
fol'12 epace.for the grooery store,J6 for the retail &hops,and 9 for the dry
oleaners.also 3 for loading and unloading.Parking "PIle""&1'e diotated by the
square footage.He said the builder will aleo have to do eoaething about the
5 8paees sholl"ll which are not right and will have to be changed.
Mr.Myette asked Mr.laBounty if he intended to pave and delineate at the _Ille
time he is doing the construction,and if had ooneiderlld the poaaible probl_
in the rear,the fill req\lirMent6.
Mr,Lallounty Aid there would b,no probl_in getting the rear spaces in there.
Mr.liard explainlld there 16 not requir..ent that they be pavlld.
The Cbairraan eaid the plan oculd be acoepted if it is delineated,even if it ia
not paved,and he was not oure tho."epaoes way in the baok would be needed.
Mr.LaBo\;lnty eaid theyusually put thflll in if they think it 18 going to help in
l.eing the other shops.
Mr.Myette aeked if the shops lIould have baok entrances that oould be used from
the back parking lot.
Mr.LaBounty said there would be baok entn-noes,b\lt whether thClY 1l"ere used
would be up to the individual shOPSI a f;%'Ocery store for instance would not
want a back entrance aa it would be difficult to protect the stock.
Mr.Reed suggested the employeelil could park in the rellr.
Mr.Myette asked the Board if they felt they ehould 8trike the back parking
plaoes for now.Mx'.Sylvester replied he would 11ke to have tlua in.
Asked when he expected to OOlllplete the project,Mr.LaBounty said by July or
August,or about three months f~the start.
Mr.Myette asked Mx'.liard about the plan as on reoord,and Mr.liard _ill.the
circulation will have to be changed.They have already looked at it and have
worked it 011 t.
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ZOHING llOARD OF ADJUSTMENT APRIL 7,1975
•
The reque"t for variance was unanimously approved by four lII_ben of the Board.
Mr.Fayette had announced for the record that he wae disqualifying hills elf frOll
the hearing of thi8 requeat or voting all the appeal.
APPEAL OF WILLARD R.NAW!!AlJIAN.AGENT FQR DAVID AND DORIS IIEllSTER
Appesl of Willard R.Nalchajiall,Agent for David and Doris Webater,seeking a
variance from Section 13.00,Non·oonforming \lses and structures of the South
B\lrlington Zoning Regulat1ol18.Req\le"t is tor pn'lllllsion to add ..oecond IItOry
to the ex1lilting house at lot No.6 Bartlett Bay Road,
Mr.ilard eaid the area is zonlld R-4,and the lots are non-conforlling with reeard
to size.frontage,and setbaok.The existing structure is preeently serving as
a single fBIIUy dwelling,ill 28'It 32'.The propasal 18 to construet a seoond
level,with eOllle work proposed on the foundation alsOl will be a two story single
family dwelling.The present fair market value of the cottage Bnd existing
garage 111 $12,700,with proposed alt.:taticms eetillBted at $28.00C~
Mr.Nalchajian explained they are not changing the house in terlls of people
living there,w111 be the sallie nUlllber of people,bl.It the present roome are very
611&11,There Will still be three bedroolls,With an added bathroom.He ea1d
there 18 a f<:>undation ftOW,with the bullding supported by cement blocke,but he
felt that with the addition of a 118cond etory the foundation should be improVed,
Chai1'1ll&n Myette aeked if any of the Bani tary feeturee would be ebanged.
Mr.Nalchajian said they are adequate now,in his opinion,bl.It he had alllllys
fel t that the C1 ty Ilhould COIle dom 111 th the se"er aystUl,that he haa been
expecting it llince 1970.But he repeated that presently there has been no
problem with the lleptic tank syst....
Mr.Martineeu a"ked about the 25%for alterations.
l'Ir,Ward said this proposed alteration would .be $28,000.
There Illlll no further eupport and no opposition.
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ZONING BOARD OF ADJUSTMENT APRIL z,1975
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'!be Board votlld ull&nillously to approve thia requ...t.
ApPEAL OF JOHN T,MBG AND STOKES GI1:NTRY
App.l of John T.EIl'ing and Stokes Gentry lISeking a vartanee froil Section 6.003,
Ferllitted Uses of the South Burlington Zoning Regulations.R8C!lueet is for per~
mission to conetruct an office complex containing approxiaately 17,000 square
feet of usable floor area,on a parcel of land contailling two point four (2.4-)
aores,also a variance fro.Seotion 11.702 to allow for a portion of the front
yard greater than 50 per oent to be used for parking,at 700 Dor.et Street.
Mr.Ward .aid the area hae two !tones,the CO Di.trict and R-Z.The exieting
atructure was occupied by a :real .tat.office and Illls under variance lUIder
the '64 ordinance,hi now non-confoning,This structure is to be rellloved and
the proposal is to construct a new bUilding contaiung lZ,OOO square feet of
rentable floor ar_,with the total Mlding siz.to be 20,000 aquare feet.
Section 11,702 provide.that not ..ore than 50%be occupied by drivewaye and
parking ana.'!be area of the CO Diatrict is not being considered beceuse no
\lsee would be allowed in the CO Dietrict.He said 85 parking spaoes would 11>.
required.
Mr.Ewing lind Dr.Gentry "ere represented at the heaX'ing by Naney Lang,Anthony
Adaas,lind steve Bushey,
Mr.Adaas described the proflleed bl.IlldiJl&'saying on..etory would be belOW the
gr01l1nd level.basieally a 2t story bl.Illding With no point higher than two .torielll.
He said that althOUgh R-Z would allow about 16 residenoes,it would have to put
16 in thie ama11 .triangle because of the CO Dietrict in back aad the other two
parts out off by the 75 foot setbaok 011 Kennedy Drive and Dorlllet Street,there-
fore a ullle haa been devilled which they con.ider to be appropriate to the neighbor-
hoOd,an office oollplex which has to do with re.Uential services,real estate,
inlluranoe,perhaps hou.e design end interior deooration.The developers are
l'Ir.Ewin«,Dr.Gentry,and Mr••Lang.It would probably be deeirable also to
have a doctor's office which would "be allowed in R-?zone.The intent 1&to
have uses appropriate to residential d1Btrict,to use nat1lral ..ter1alB to
have an architeotural character which 1e appropriate,and to aoknowllldge there
is sOllie fairly sophisticated architeoture in the KeMedy Drive area,'!be back
of the lot would be left in its natural I5tate.Neither of the exiating ourb
cute will be used,bl.It a new curb cut will be made well away froa the inter-
section.H.indicated on the plan the park1:ag areas and cireulat1Gn,with the
1t&lk-through for people to get to the bl.Illdinge.He Mid the parking lot would
be 6 to 8 feet below the level of Kennedr Drive,so the view aspect would be one
of looking alaost direotly at the second etory of the building.
The parking area lIould be bermed and landscaped,He Bl\id they lire lIppealing the
SO"for parking,
<lIairman Myette 1I111ked if he had tlllked with the Highlllly Department lIbollt the
curb cut on Kennedy Drive.
Mr.Adlllla $Sid the City Mllnager felt that aince the lIppel\ISnCe would be basically
lIlproved,that the application llhollid be started which has to go all the llIIy to
the Bureau of ~d8,Mr,Ada ••said he felt they COllIe!get the approval.
Mr.Fayette asked how many parking SpaCelll would actually be needed.
Mr.Ados thought '0 or 6,5 would be ad",uah as it 1I01l1d not be a 'Iolllu kind of
turnover.
Mr.Sylvester a'ked if,with 25 lesll IIpaces,could they cOllply With the 50 foct
front yard require.ent.
Mr.Adamll Bl\id he thought they could uke Il.p for it thill way.
Mr,Reed asked if the BoaJ:d could atipll.1&te tll&t it be g3..ed onr for the
tiae belng.
Mr.WaJ:d "id not under the parlt1ng requireaWit.They would have to have a
llIIiver of the parking requireact.
Mr.Myette c_ented that too IIll.ch parking would ruin the whole corner,
81:.Reed aid he would prefer 1I0re graslI.
Mr.Attue aid he would like to work toward a llIIy of getting pedestrian access
fru kennedy Drive 1ilto the building.
Mr.S1lvflllter asked Mrlh Lang ill she waa planning to reheate her buBinus to
thie propoeed building,and how auen area ehe would need.
Mra.lang said abe 1l1lS rslocating alldwould use about half a floor.
AlIked how Il&ny p'-rking spaces she would lIeed for her bIl.eilleaa,Mre.lang replied 15.
This wOllld very adequately take care of her .eede,and hen wodd be the highut
use.
Mr.Reed aeked if they had considered aeking for a Ilone eMnge rather thall a
variance .-askil18 the Planning COUission to eMnge the aone.
Mr.Adaaa said they bad considered it,IN.t felt,however,that it was perfectly
appropriate to do it as a variance 111 the uae rather than an over-all ZODe
change.
Mr.lluebey explained the slte i'rtlnallgl1lar,tbere 1ls no way anybody can build
ln back b.causo of the CO District eo actll&lly this section of B·Z 111 rea1l1
cut off by itaelf,lt is alaoot like all ialand split off frca any r ..idential
area.
<lIaiI'll&ll Myette said the probllllll ill that tho Planning CoP1asion and the City
CoIlncll did not recolDize the Whole COrller as BB.Ii new bulldiJl8 la going to
be thero a long tillie,Once a Vllriance ie given fro.B-Z to a DR use.a precedent
1D lIet and anyons else can co••in and aek why they should be dWlied a variance
when one was just given for the corner lot.He aaid he was concerned about
that aepect.He said it 1I&S a good uae for the corner and a good delJign.
Itt.Myotte a&1d he would lJuggflllt they conlJider going for a Ilone clulnge and let
the Council and tne Planning Coubeion who originally establhhed the zone
retrench on their decision.He .xplained he 1l1la juat trying to outline the
probleaa and MBS not _ying he Wl\8 either for or again,t.
Mr.BIlehey sllggestell.there b already a variance on one corner for Reilly's Tire.
Jllrl;Va~said it 1.not a variance as it predatea the ordinance.
Mr.Martinel\1l explall1-.:l the Board recently had ocO&sion to conaider lJomething
11ke this lind it was turned down becall.lJe the Board telt thers vere other area.
ill the cOlUlunity that were purpo1l81y Il<mad for it.He said he thOll.ght peraapa
the whole corner should be changed.aa a sone as opposed to just a Il.S8 variance,
A!eO some work should be done on the parking becauBe it looked like a great deal
of parking,
·.
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ZONING BOARD OF ADJUSTMOO APRIL Z,1975
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ZONING BOAIUl OF ADJUSTMENT APRIL 7,1975
Qlairull Myette said again that the Ulle variance 18 criti(lal in terms of what
it aight establiBh as ..precedent.He said the Board genenlly tables it and
considera it fot'a couple of weskll,and he would suggest that the Board do it
again,He alao suggested that the developers work 1I1th the City Planller Oil the
parking area,Hs a180 suggested they go to the CllWlcil and Planning Co_ilI.ion,
also the Planner,aDd perhaps considet'the ohange of the zone n.ther than the
setting of a precedent fot'the use variance,
Mrs,Lang asked about the t1llle involved.
Mr,ward ".id the !lini.1m would be 90 days.
Mr.Myette said h.would like to II&ke the Board's (lase known to thell before
making a deci6ion on it,.0 that it would b.well dOQlmented.
Mr.Sylve.ter said he agreed 1I1th the Chairaan'.sugg••tion to table it,but
only for one reason,tb&t the I*rking situation bothsrll hi.greatly,and seeing
this plan for the firet tiae he doeSll't feel he lias had adequate ti.e to con~
sider it or alternatives to it.He would hope for less parldJlg spaces in front
and Ilore green,and the Board doeen't havs ths iJlforution available to decide
OJl that at this hee.ring.
JIIr.Sylv••ter eaid that insofar ae the conditional u.e 1&conceX1led,he hels
an obligation as a ...ber of this Board to act OJl what is pr..ented.not1l1th-
standing the fact that the City CouJlCil may have i.properly ZOJled this area.
He said he had looked at the criteria of 1310,he knows the area,he has listeJled
to the presentation snd,quite f:rankly,if he were to vote on it,if the parking
could be resolVed,he would feel that .is position would be to act on what is
subillitted here and not send it to the Planning Coaaiaaion or tbe Council.
Mr.Fayette said he saw it ae a lot where the CO D1lstrict 1e not leaVing roo.to
do anything e18e.
Mr.Martineau said the Board mould take a look aM find sOllie way to acco_odate
thea.people.
Mr.Myette Bsked if they planned On 1II0ving any substantial dount of 80il.
Mr.Ad8lls indicated the knoll,saying it would disappear,and 88id thore would
be no retaining walls or bunkering so n-u;.vthe CO Diatriot.
Mr.Sylveeter asked if tbere would be ani"ll'o get any guidance ..to the tenaJlts
80 ..to know whether to suggest applying for a parking variance or to ins1et
on the requit'ed 85 "paces.If there were other types of usu that lIIight not use
so much parking,it would be lIore aeatbetically pleaeing.
Mr.Adaae said ..aore refined check on that might be of benefit to all and he
would be glad to do that.
Mr.Myette said he would be Willing to gamble that 55 or 60 apaces would be
enough.He 8Ugguted tabling the request,aJld that Mr.Adalls,Mr.Ward and the
City PlaftJler coordinate to develop sOlllething that 11111 be pleasing to eVexybody
in tet'llla of the o:rdinance itself.
Mr.Sylvester said he would like guidance on the ocoupants,snd to have sOlle
lIore green and take away SOJle of the asplt
Mr.Sylvester lIIoved that thie regueet b e tabled.SecoJlded by Mr.Martineau
and voted unan1Jnoualy to table.
Minutes of March 3,1975
It was 1II0Ved by Mr.Fayette and seconded by Mr.Martineau to accept the Minute.
of March 3,1975.Voted unaniaously for approval.
•Mr.HMd 1II0Ved that the Ileeting be adjoumed.Seconced by Mr.Martineau.
The Ileeting was declared adjourned at 7,15 P ••(ilC...../\..<~':;.z-17f'\".....'-<'-"c
0/Clerk
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•STATE OF VKkMONT
COUNTY OF ell I1"i'E};DEN
F1nd1ni's of Fact
Re:Appeal of Stuart Ireland,Lot 8 Green Mountain Drive
On tj,c 7th day of Anril,1975 the South nurlington Zoning
Board of Adjustment approved a Conditional Use for Stuart
Ireland,Lot 8 Green Mountain Drive,South Purl1npton,
Vermont based on the following facts:
1)"leets all requirements under conditional use
provi"s:\.ons.
2)Stipulated that no storare be visible from travelway.
3)Similar use on ad,j oining
•~'/["---_-~~'A-
;/
ZONING BOARD OF ADJU~~TMi!:NT
•STATE OF VLRMON1'
COUNTY OF CHIT'2ENDEN
Findings of (;'act
Re:Aflppal of Northern Terminals,Ronald LaBounty,Agent
On t!lp 7th day of April,lCl75 ttlp South LUl'linfton Zoninr;
Poard of Adjustment approved a variance for Northern Terminals,
Inc.,Honal d LaDounty,Agent,1160 \-;1111 ston Road,South
Bur11nvton,Vermont based on thp following facts:
1)Improvement to propprty,provides for frpater
set buck from Vl1.11 iston Road.
2)Reasonable use of property,minimum variance
to afford relief.
•
Conforms w1 th Section 4468 of,
Development Act •
e Planning &
;f~-.c·~!·~~_._-~.~--~
-,C ~/74,,.1 6 e~~_
l-··>~L~~
ZONING BOARD OF ADJUE;Tl~O:NT
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STA1'E OF VEHHONT
COUNTY OF Cl-lITTBNDB:N
~'ind-jnF's of Fact
He:Anpeal of Davjd ;'Iebster,Hillard Nalchajian,:u,ent
On the 7th day of Avril,1975 the South Purl inrton Zoning
Board 0:'Adjus tmeD:al'proved a Val'ianc e for l'flI'.David
Webster,Willa.rd Yialchajian,Ai'"ent,Lot //6 Bartlett Bay
Eoad,South 'Purl in'ton,Vr;Jrmont based on the followin~
facts:
1)Represents the minj mum val'i~mce to afford
relief.
2)Lots set-apr in early 1940's,no other land
available.
3)Conforms with Section 1+l.t68 of tb~'11annin"&-
Deve 1 0pment Act./'
)-~:V~4.-.<L
C££-LJi14~-
ZONING BOAR.D OF ADJUS':"MENT
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STATE OF ViR!10NT
COUNTY 017 CHIT'I'ENDEN
Findin~s of Fact
Re:Apoeal 0::"Hobert Ponvi",r,26 f,irport Parkway
On the 7th day of April,1975 th",South .Pnrlinl!ton t::oning
Poard of Ad~nstm",nt approved a varLmce for Hl'.Hobert
Bouvier,26 AirpOT·t Parkway,South PUl'Jinr'ton,Vermont
based on the followin?facts:
1)The lot was set-off prior to new zonin~
rer'ulat'ons,proposed addit:i.on is rf'flsonable
increase to existin~dwel1in~.
2)Does not Bncroach upon side yard any greater
than already exists.
3)Conforms with Section 4468 of the PlanniDic 8:
Development Act.//
S'l'AT"OF Vt;HHONT
CCUWI'Y OF'C:lTT",8NDEN
Re:ArpAB]or R@n e Ractnc,1?21 Williston Road
On t'''·'7th day of I,nril,1975 the South Pur'ling'ton :,;on1n::;
Foard.0 f Ad,ius tment BlmT'OvNJ a varj "nee for "11".Renc
Badn""J e'Pl ',Jjll tston 'oad,Sout.h hrrIin"ton,Vermont
based on t.he>fnl10win'"facts:
1)[>ropArty hilS beon used by D'.4l1"rS in thA
past fnr Buto repilj~shop.
2)'Icrnpor,uy va.rianc:,p expires in one year.
3)Conforms to Section 446P 0:'th"'Pbnninf &
DevPlonill'''n t.Ac t.
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STA1'8 O~.,V8RMONT
COUNTY 0<'ChT"'l'ENDEN
Findinvs of'Fact
Re:Apppal.of Bradley !'lae:nent,53 }laryland street
On the 7th daY of f..prH,1975 trle South Iurlinl-'ton ;:'oning
BOilrd of Adjustment aoproved a variance for .Mr.Bradley
'1a".nant,5'3 Hal'yland Stre€t,South.F'urlin'"ton ,Vermont
based on tI'e rollO\.,.in'~facts:
1)Renresents th~minimum variance possihle
to af'""ord for an addHion of a reasonable
size f"Flrage.
2)S1.de yard abuts a nei p-hbor rear yard which is
f8ncAd off,Dl~arest structure is 60 feet.
3)Conforms with Section
DeveJopment Act.
c
The South Burlington Zoning Board of Adjustment held a public hearing on
!'.onday.March 3.1975.in the Conference Room.Municipal Offices.1175
Williston Road.
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~UQ!RD OF ADJgSTMENT MARCH J •.J.m
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~ERS PRES..Ji£l
Richard Myette,Chairman,Frederick Fayette.Jr ••Robert Martineau.J.Everett
Reed.Alan Sylveater
MEMBERS ABSENT
None
Richard Ward.Zoning Administrator,Mr.and Mrs.Laurence H.willis.Rickey
A.Ward,Brad Slayton.Dennis Brown
The meeting wae called to order by the Chairman at 5;05 p.m.
~al of Willis~ineerin6~c1ate~
Appeal of Willis Engineering Associstes seeking approval.under Section 1;.50.
Hemoval or Filling of Earth Products of the South Burlington Zoning Regulations.
Request is for permission to strip topsoil from approximately 3.6 acres of
land on the Willis Film located at 295 Shunpike Road.
Mr.ward gave to the Board copies of a memo received from the District Environ~
mental Agency.dated February 19,1975.containing Pre-HB!Lring Comments.also
copies of a ~re-hearing !'mluation from Russell S.Reay,Environmental AdVisor.
dated February 7.1975'a description of the procedure for stripping topsoil,
snd a sketch of the area.
Chairman Myette stated Mr.Willis is required to have an Act 250 parmit before
going ahead.and that he assumed Mr.Willis intends to comply with the procedure
sat by the Env1ronmental Agency.
There were no questions from members of the Board.and no questions and no
further support from those attending the hearing.
Mr.Willis eaid he wished to call attention to the fact that the land 15 in
his name,not Willis Engineering.
Mr.ward explained Willis Engineering had been taken from the lettemead conta1.n-
ing the request for approval and had been warned thllt way.
Mr.Myette eaid because it had been warned that way.Willia Engineering would
be the name used in granting approval or disapproval.
The Board voted unanimously to approve this reqUest.
Appeal of Leland E.calkin~,Rick Ward,Agent
This appeal had been tabled at the February 17th meeting.and because Vice Chairman
Martineau had chaired that meeting.Chairman Myette suggested that Mr.Martineau
continue to act aa chairman at this continued hearing on the request.
MARCH :3,1975
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ZONING BOARD OF ADJUSTMENL
~l of l,ela.Jli E.Galk.ins...J11cLWard,Ag,en~(continued)
~.Syl¥ester asked to have it on record that he was disqualifying himself in
this appeal,partly because he is presently representing some lIleJllbers of the
calkins family,and partly because in the past he had represented,though he
is not presently representing.a competitor of this applicant,the old Tafts
liay Equipment Co.at Taftll Corners.He said he felt these Circulllstances
could possibly be a conflict of intereat on his part.
Mr.Martineau stated this would be on the record.
Mr.Martineau said the request had been tabled to allow Rickey ward to get
more information on lighting and to contact the FAA.
Rickey liard said Green Mountain Power had been contacted and they had layed
out a plan for four 175 watt mercury vapor lights on poles 25 feet high.
This was approved by Mr.Calahan of the FAA at Burlington,Maas.,in a phone
call.Mr.calahan had eaid there would be no problelll Whatsoever and he
would be glad to confirm this to anyone who called him by phone,but it would
take several weeks to get a letter of confirmation in the mail.
He said he had mailed a IIlSp and the materid from Green Mountain Power to
Burlington,Mass.ss they were concerned about the type of fi~ures.
Mr.Martineau asked Rickey if he had described the proposed Ulle of the building
to Mr.calahan.
Mr.Fayette asked if FAA was aware that it would be a roller skating rink,
and if they had any particular suggellt10n or comment regarding the ulle.
Rickey replied they had made no COllllllent either way.He had been told it
WQuld take two weeks or a month to get II letter,with Mr.Martineau saying he
could understand why it would take that long,
Mr.Martineau said the Board lIIel11bers have to ask themselves questions concern-
ing the u5e,such as the high concentration of people in the area,and Whether
or not th"use variance should be considered in thi"location since it is a
permitted Ulle in two other districts.and whether it would violate the spirit
of the ordinance when this land and this area was set aside ¥ery recently for
purposes other than this.
Mr.~'ayette aaked the Zoning Administrator wha\n0ther areall If.re !Zoned for
this similar typs of use which do not border on industrial as well as airport
zone.
The Zoning Adlllinistrator said it is allowed in all Business Retail and in all
Business Planned Development.
Mr.Fayette said his concern would be whether the Board is restricting
further development of a use which would fit in within a rather restricted
If.rea and then using it for purposea other than for what it has been put aside
for.The Board may be doing a disservioe.They are working with a very
specialized type of area.
Mr.Martineau said he agreed.
Mr.Reed said there are two other businesses there which might bring in other
busineslles that lIIight not ~t to go in with a roller skating rink there.
Mr.FAyette said he was concerned about restricting an area that industry could
go intol that South Burlington hae very Illll&ll areas allotted for that use.
People in business are looking for a way of getting real eatate without the
inoredibly high initial cost.
Mr.Martineau said the use would not seem offensive to him,but he thought
thexe were roads and sewers planned for that area and it had been dedicated
for industry.This would be spot \loning,as opposed to granting ..variance
One consideration is hardship,and in this case Mrs.calkins did state that
there Were other prospective tenants for this property sO that would discount
any claim of hardship on their part.The hardship,Mr.Martineau continued,
would perhaps be to Rickey Ward as an individual trying to Bet th1B business
up,but he didn't know whether or not that could be considered since it is not
a continuing use,The Board would now be taking a parcel out of the small
area dedicated for industrial development,an Bre&.which the City is going to
develop with sewers,roads,etc.1 would mean eliminating some of the City's
industrial property.He added that he,personally,had no objection to a
roller skating rink.
Chairman Myette commented that the Vice Chairman had summed it up very well.
Dennis Brown cOllUllented that the difference in land use between a cOll\lllercial
and an industrial function as it applies to this type of building is probably
not so large that an industrial firm would have trouble with an operation of
this typs in this area.He aaid he could recognize and underatand the problem
of granting a use far commercial rather than industrial,but from their point
of view they have to consider the availability of property in South Burlington.
One problem with the commercial locatione is the land coet,even though it is
zoned commercial.
Mr.Brown stated they would have in this location:1)a reasonable land cost
and a good setup ae far as cost goes.He felt the Board should recognize the
particular probleJl\they have and be reasonable about that.2)1he gsneral
land UBe in the area as it exists right now being considered,this land use
would not be offensive to what is on Williston road in general,especially
behond Kennedy Drive.There is no problem With the airport.Down the street
is another commercial establishment.
Mr.Brown said they were lOOking to the Board til consider what they themselves
have had to consider in selecting a location for their business.
Mr.Martineau said the land cost probably makes a case for keeping it industrial;
because the land cost is less,maybe that is why it ia more appropriate for
an industrial type of aotivity.Another thing that must be looked at is that
an induatrial or manufacturing business there on that same amount of land
would moat likely generate,as far as the economy of South Burlington goes,a
great deal of cash distribution.A business BUch as that proposed,even though
it might pay as much in taxes,would bring in less to the economy,and it is
more important to keep the land open for an industry.
Mr.Martineau ag:reed with Mr.Brown that the property does suit their purpoaes.
and that it would not be offensive to the area,although he did not feel this
last point would be of much consideration.He repeated that it would be a case
of taking some land just recently dedicated for industrial pu:rposes.
Asked about the number of employees,Rickey Ward said there would be a total
of 40 people employed to operate the facility,20 full-time and the :rest part-
time.
Mr.Fayette said in considedng hardship the Board haa to be careful in this
regard because the hardship is very,very difficult to establhh.The owner
of the land is not inVOlved.There would be a leaee arrangement on the land.
He felt it would have to be taken into pretty seriou!;consideration the
question of where would hardship be found.He said he would have difficulty in
justifying it on that basis because he saw a business not yet signing a lease,
not yet commi ted to an agreement.The calkins falllily is not trying to find a
•
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~ING BOARD OF ADJUSTIOOIT
Appeal of Leland E.Ca.lk1nsa.....!i1ck Ward,Agent (continued)
.MARCH ),!2Z2
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ZONING BOARD OF ADJUSTMENT
I!ln?eal of Leland E.calkins,Rick Ward,AK2!.(eontin\.led)
land use 1n order to meet their taxes.This would be considered on top of the
problems already mentioned.
Bickey Ward said that Mr.and Mrs.Calkins felt they had some people who would
lease the building,they told Mm they had to have money,and that he would
have to cOllle up ll1th a set proposal in order to get money.The other people
the Calkins had lined up have been unable to lease the building.It is neceesary
for the Calkins to rent it,they have not been able to,and a lease ee.n be
arranged With them..
Regarding hardship,Mr.Ward said they couldn't find another place in South
Burl1ngton Which would lleet their specifications.They did find a place on
Swift Street,but there are two residential hO\.lses in the front of thll>lot
which would cause problemsi there wO\.lld be conflicts with the people therll>.
Mr.Brown aaid that regarding land uae and the value of land.th.City dOole
have a lot of areas that are zoned cOl1llllercial.But without haVing done a big
study on it.he would suggeat there are very rew if any areas zoned commercial
that wO\.lld \.Inder any feasible cirCUlllstancee be able to be ueed for this purpose.
In other words,whe:re a building is not Il.lready there,the land cost alone is
very high and they could not afford to build on an empty lota.He said he felt
out of a spirit of fairness there should be an area to whichllusineas such as
theirs could oome Without the high land cost.He felt this should p:rovide
aome ruson for variance.Also.he didn't feel that the:re are lIlany people who
are buying industrial land at this time,although he could understand the
feeling of the Board that it would prefer to have an industrial \.Ise.
Mr.Martineau said there 18 act!vi ty coming about because the land ill zoned
for it now.and this process would be slowed down by grantine the use va:riance.
Mr.Martineau then explained thllt at I_st three m_bers have to Yoh Ilffi:rln8tive
on this va:riance,and that a tie vote would create a denial.
The Board voted unanimously to deny this appeal for variance.
Minutes of F'ebruary no 1975
On the 12th line of page 3 the word II should be insertedl li caMot be done
structurally.
on page 5,line 30,Mr.Sylvester's remarks should be cor:reoted to readl
~.SYlvester said that !!:a an attorney he was concerned about SOllie of the
questions involved.
It Im.S moved by Mr.Sylvester and seconded by Ml'.Reed that the Minutes
of Fe1n'ua:ry 17,1975.be accepted With the abQve corrections noted.
It l!IaS moved by Mr.Reed and aeconded by Mr.Sylvester that the lletlting
be lldjourned.
Meeting declared adjo\.lrned at 5155 p.m •
•
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STATE 01"VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Anpeal of Leland Calkins,nick Ward,Agent
On the 3rd day of Harch,1975 the South Burlington Zoning
Board of Adjustment denied a variance for Mr.Leland Calkins,
Rick Ward,Agent,3016 Williston Road,South BurHngton,
Vermont based on tho folloWing facts:
1)Based on the facts outlined in the presentation
there does not a~pear to be a hardship.
2)Two commercial zoned districts within the eit~
which allow for the proposed use.
3)ApP81lant has other sHe available in which this
use i<:allowed •
eh
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~)DOes not in any way
outlined in Section
Development Act.
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(}9NING BOARD OF ADJUSTMENT
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At a meeting of the Zoning llou'd
of Adjus~ent on March J.1975.
it was voted to aocept the Minutes
of Febnlsg 17,1275.w1th the
following corrections I
On the 12th 11M of page ),the word it should be inserted I
it cannot be done stnlctur/111y.
on page 5.line )0.Mr,Sylvester's remarks should be corrected
to read I
Mr.Sylvester said that lUI sn attorney he was concerned abOllt
80lle of the guelltions involved •
The South Burlington Zoning Board of Adjustment held a public hearing on
Monday,February 17,1975,in the Conference ROORl,Municipal Offices,1175
Williston Road.
,
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W!QlliU?0ARD OF ADJUSTMENT FEBRUARY 17,1212
•
~BERS PRESENT
Robert Martineau,Vice Chairman I Frederick Feyette,Jr.,J.Everett Reed,
Alan Sylvester
MEMBERS ABSENT
Ri cha rd My ette,l11ai rma n
GrHERS PRESENT
Richard Ward,Zoning Administratorl Patricia Calkins,Rickey A.Ward,Brad
Dayton,omer Chastenay,Earl R.Foley,William Wieae,Jim Mitchell,stuart
Martin,Phil spragrega,Paul sprayregen,Peter JUdge,Robert Erdmann,
Dorwin Thomas,TORI Dooley
gPEAL OF OMER.!...ANlTA CHAS~
Appeal of OllIer &Anita Chastenay aeeking a variance,from Sectton 11.00,
Dimensional Requirementa of the South Burlington Zoning Regulations.Request
is for parmiasion to construct a 24'X 24'two (2)car garage to within ten
(10)feet of the westerly side yard and twenty-one (21)feet from the rear
yard line,at 12 Iby Street.
This appeal had been warned for February ),1975.but the Board WllS unable to
hear the appeal becauae of lack of a quorum.
Mr.Ward presented a aite plan draWing of the property which the Board studied,
The dimensional .requirements as statOld by Mr.liaX'd are for 15 feet dde yard
and 30 feet rear yard,whereas Mr.ClIastenay is asking for peI'llliasion to
build within 10 feet of his weaterly side yard and 21 feet from the rear
property line,The proposal is for a two car garage.A letter was presented
for the recoX'd from Susan S.Hopwood of 14 Iby Street stating she MIS no
objection to Mr.Chastenay's plan to bUild to within ten feet of her property
line.
Mr.Ward explained the request concerna a lot 70'x 120'set off in 1953.
Mr.Chastenay indicated on the drall1ng the exact location of the proposed
garage.
There was no further support and no opposition.
The Board voted unanimously to approve this request for variance.
N'PEAL O~'WORLD WIDE BUILDERS &DEVELOPERS,INC.
Appeal of World Wide Builders &Developers,Inc.,Agent seeking a variance
from Section 11.00,Dimensional ReqUirements of the South Burlington Zoning
Regulations,Request is for permission to construct a aotel unit approxi-.tely
60'x 190'to within sixty (60)feet of the required front yard,on a parcel
of land formerly the Wright property,located at 108 Dorset Street.
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FEllRUARY...l?,1975
~L OF !'IT.MANSFIELD TELEVISION,INC,
Appeal of Mt,Mansfield Televi$ion,Inc"William Duff,Agent,seeking a
verAa.JICe frQlll SectiCln 11.25,D1.ulens1onal Requirements (interatate set.back)
Clf the SQuth Burlington Zoning Regulations.Requeat i.forper-iaeion to
conat~ct a ~ilding containing approXlaately 36,400 aquare teet and a
forty-three (43)oar parking lot a pdon of which is lIithin the required
interstate 189 set·back,on a parcel of land located at 5 Joy Drive,
Giving the llClard all.elevation dralling and a drawing of the plot,Mr,Ward
pointed.out the 150 setback which ia 00 Diatrict,Asked if thh eetback is
nOli aeaeured.frGa the travelled portion of the road,he explained.this
change had not been approved.by the Planning Collllllission When it waa in the
proceas of cClnaiderins changea in the sClning ordinance.
Mr.Ward said the area is zoned for BIIainellllll Planned.DevelOpllent and the pre·
posed u.e 1.allolted.The prop0llal ie for the const~ction of a blailding
coDtaining appronll8tely 36,400 square feet to be ueed.a.all.office and etudio.
All 18 in ecmforMnc::e except for the interstate setback requirlllllent.
Mr.Sylyeater allked.if the Board hadn't granted a wrianee before on this sa.e
interstate 1esue,nth Mr,Ward replying they had ~t it was all.all.already
existing building,
Mr.Willi&8 Wiese,representing Mt.Mansfield Television in place of Mr.Duff,
explained that one of the I118.jor r .....on8 for requeeting this wriance ""e to
be able to dietribute the parking areas rather than taking tha whole front
area for parking.By br-.ki.g it up there can be IIDre landec;:aping and a
IIDre attrac::tive appearance.He described the terrain between WCAX and the
Court Club.explaining lIIty nothing could be bUilt betlleen the tliO buildings.
Mr.Martineau aeked the depth of the right of lIaY at this point from the int~
state and Mr,Ward said it ill 75 feet trDlll the travelled portion of the road
to the property line.
The:re being no further lIupport and no oppoeition,the Vice Chairll8n called
for a vote•
The Board voted unaniaouely to approve this request for variance.
Mr.FlI.yette suggested.bringing this setback requi:ruent frail the interatate
to the Planning eo..illsion again beosuse he teels the present ordinanoe
Il_au:rlng 150 feet froll the property line is too far and liaS not the intent of
th".,on anal ordinance.
Appeal of World Wid.Builderm &Developers.Inc ••(continued)
Vi th the arrival of Dorwin Thomaa,Architect,the Board continued its hearing
all thi_request.
Jb:'.ThoMa aaid thill project had been handled ortginally by Norllan Ramsey of
Portslllouth.New Ralllpehire.After the variance ns granted they lIent to the
Plannlng COlllli8sion for 111 te plan approval.The first .e.ting ended in a 3 to
3 tie,with a questiDn about granting the variance and that llIore thought
8hould be given to the queetion of traffic 011 Doreet Street.It was finally
tabled because the COlllll\b8ion felt it ehould be revielled by Den Rich of the
Regional Planning eo_iesion,Mr.Rich endorsed the dQ1gn,The deVelopers
then agreed to move their building 'back to 75 feet,but the portico would be
in the variance.Mr.Thomas said it would be 1Ilp08lS1ble to cantilever the
roof I aeetheticaUy they would not want to and 106a11y they OlLnnot do itl
cennot be done structurally.They are requesting a variance tor this portico.
Copies of'the layout plan,a rendering of the building,and copies of the
floor plans were distributed to the Board by Mr.ThOIlllS,He explained that
when they went to the Planning CoPlesion they did not have a topographic
survey.II surveyor was hired to do thill.Every one of the trees was counted
and they had to show the county forester that they were not taking too many
treel!l and would replace the number being taken.He also explained the extra
feet of setback allonnce lIaa aoquired by taking ten feet from the .willlll\ing
pool area.
Peter JUdge asked what percentage of the lot WOuld be covered by the building.
Mr.ThOMS an.wered the figure had been given to the Planning Couinion,and
he thought it had been rough#ly 25%to 30%cOVerage,
Asked how far the drive lIay would be trOll the Foley property,Mr.Thous
ua1d there would be more than enough aetback,There i8 to be a periphery
driveway arouftd the aotel,for convenience and for fire protection.He added
there will be a complete sprinkler syst.., a metal roof.will be a three-
story building,Will be cOll8idered a budget Motel.
Mr.Mitchell said the rates will probably be frOlll $9.90 for one and $14.90
for two.oonsiderably lower than the rates at the aotels il'l the sa..e neighbor-
hood,
Mr.Foley a ..ked why the varianoe __needed.lIhy they couldn't jullt comply
With the 75 feet.loll',Thomas eald the aite plan shows there is no other
way to Uke the parking and traffic 8i tuation work and the portioo is needed
for protection frOlll the weather.
Mr,Foley then asked about interfering with traffic cOllling up Deraet Street,
interfering with their vi ell ,and I'll'.Thonae Pid the treelil they are being
required to keep will interfere with the view lIIore than the building.
Mr.Judge,a8 all.adjoining property owner,expressed concern about parking.
He felt the requirement for one room,one parking space,would not allow for
100%occupancy and visitors coming in with no available parking.He cited
Homecoming at the Univeraity as all.example when students would cOllIe to the
motel in their own cara to visit parente etaying at the Ilotel.He also
questioned oployee parking,as 100%occupancy would not allow any spacell
for oployees.
Mr.Martineau suggested th.t ....ny carll would have left by the the the elll-
ployeell started lIorking.
Mr.Tholll&a &Bid it lIould be a different lIituation if they were to have a
restaurant,but they are proViding no amenities other than a reception aree,
a large foyer,and the alfiJlll1ng pool.
He also stated they are meeting the requireellts for parking aa set by the
Planning CommiSsion,
Mr.~yette said the Zoning Board hee no legal eay in this matter bUt it
lllight be aomething to cona14er.
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ZONING BOARD OF ADJUSTMENT--FEllRUAllY 17,12Z2
Appeal of 1I0rld Wide Builders /<Developers.Inc ..(continued)
There was no further 3Upport for this proposal and no opposition except for
the parking question.
The Board 'l'ohd ul'Illnll1loualy to grant thia request for variance.•
ZONING BOARD OF ADJUSTMENT FEBRUARY 17.1975
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APP¥L OF LELAND E.CALKINS.RICK WARD.AGENT
Appeal of Leland E.Calkins.Rick WaN.Agent,1geeklng a varlene"fr/;lll.
Section 9.00.Pe~tted usea of the South Burlington Zoning Re~lations.
Request is for p~is8ion to construct an addition (40'x 40·)and convert
an existing structure for the purpose of operating a roller skating facility.
at 3016 Williston Road.fO%'llerly the Autofix building.
ChaiI'1lllJ.n Myette arrived at 5'55 p.m.for the remainder of the hearing but
asked that Mr.Martineau continue to chair the meeting.because of Mr.Myette's
heavy cold,
Mr,Ward.Zoning Admini15trator.said the area ia zoned Airport Industrial
Diatrictl that an indOOr recreational facility is allowed in a Business Retail
District and Business Planned Development but not in the Airport Industrial
District,
He said the proposed addi Uon.40'x 40'.would be to house a checkroolll and
for display of goods,The existing building 40'x 100'would be the skating
surface.The major share of the parking will be in the front,He is required
to have 86 parking spaCes.The curb cuts at'e existill!.The lot is 86,400
square feet and would have 9%coverage.All dimensional reqUirements are in
conformance,The quelltion is lltrictly the use of the property,
The Board etudi.ed the drawing presented to them.
Mr.Robert &'dmann,Attorney,stated thia plan 18 really the plan of Rick
Ward,not the CalkinSI thst Rick Ward plans to lease the building from th8lll.
Rick Ward then described his plana for the addition and for improving the
appearance of the present bUilding.
Asked by Mr,Martineau to explain the operation of a roller skating facility.!
Rick Ward said the hours would depend on bUsiness I 1I"ould probably be open from
nine in the lllQ:t'JIing untll eleven or twelve at nightl would have fro.6 to 10
"ployeea,all50 depending on bUl51ness.Would expect 50 to 150 custOlllers in
the daytime,ISO to )00 in the evening.
AlIked what IIOiild be the maximum capacity,Rick said the Fire Marllhall set the
maximum at 550 people,but he eQuld only accOllll'lodate around 200.1I0uld allllo
booths for sitting and would be selling popcorn,sOda,etc"so people would
not be skating all the time.
He s.dded that roller llkaUng i6 a good recreational sport for families,that
the faoil!ty Ifill ha....supervision,and that he hopell to have WIny young people
,,_ing,
Asked.by Mr.H8rtineau if the Roller Skating Association hu .inillUlll require-
menta fot'policing,etc.,Rick Ward said their r~lations are Illore for typ.a
of flooring.skates,eto ••also for advertising.
Mr,Martin...u then asked the Zoning Adlllin1strator about the fomula for parking
space.,He answered the parkiJlg requirement for places of alluaelllent 111 one
space to every 100 sq~re feet of area.
Rick liard said there is more land available for parking if needed,but lll&ny
culltollera 11111 be young people tranllported by parentis,alao there will be bus
:service,ao not every person skating will come 1n a separate car.
Rick Ward said he would estinte tbe .-axbwn capacity to be around 300 •
Mr.Martineau asked at II'hat people would people be turntld away,with lliek
saying that so••guidelines would have to be set.He felt that with three of
theae faeill'lin in the area his attendallee would autou.t1cally be CIlt 1I0aewhat.
Mr.Reed then raiaed the question of l1gbtiI18 for the parkillg area,and if the
lights would interfere with tne airport runwaya.'I'he Zoning ildminllltrator said
it is not within tnll airport cone.
Asked a'bout parking adjaoent to Williatol'lRoad,th..Zoning Ada1nistrator uid
the only requirltllilBllt ill to maintlL1n the 1$:.foot .tnp,that parking 1¬
involved in the lIetbaok.
Mr.Reed said the Board is really concerned only with the 1.1601 rather than the
buildiJ188 or the parklllg.but Mr.Martin....u felt other things han to be
te.ken into cone1deration.that he is coltOernlld nth the over-all traffie COII-
gesUon.HII felt the u.e proposed to b ..contrary to th..character existing.
Mr.Riled uid be vas concerned with so many younglltere being in a buildine;
so olos..to the airport,abo that the lights shining up fro.the parking lot
aight cause a probl.for planea.
Mrs.calkins said their property is betweBII the two rlInways and the building
is directly behind the National GIlaX'd repair shop.
The ZoniD8 Ad.inistrator uid it would be still .ubjsct to Federal l:egulat10lls
and he did not \<now .t they w~ld IlIIY ab01lt lighting.
Reprd1ng lighting.Rick Ward said he had talked With Green Ko~nte.in Power and
they will put in lighting fOl:hi.and no specific plall had beo ude.Hs felt
there waa already considerable lighting frca the present strest lights.Mrs.
Calkilll5 confirmedthiB.
Mr.Martin88U said this differs fr~aost requests for v.ariances in that it is
for a use varianoe rather than ..di..ensicmal one•.It lIuet be considered as
to whether it involve.hardehip.an4 whether the u.e should.be allowed here
where it 1¬ permitted but is p8l:llitted elsewhere in the City.
Mr.Sylvester suggested aaking the City Attorney to respond to sOlIe of the
questions involved.HIt "lao felt the Board could not grant the use ul'Itll it
baa aesurance that thaJ:e ia coaplianoe with the FAA regulations.
Mr.Erdaann suggested that a condition could be put in the approval that there
aholild be good lighting but Rot to exceed.the FAA replat1ou.His personal
opinion 101&13 that pilota 11ke to have aore l18t\ta than they can use.that this
would..t interfere frOll the pilot's standpoint.
Regarding hardship.Rick Ward said he had been all over ths ana and auy
building that would ....t ths 1180 IfOIlld not have adequate parking apacs.This
particular property is off the beaten path fro r ••idential ar....South
Burlington 1Ia.little recreation for yOt.1Ilg people.'!'bis Ifill be euperv18l1d
and will give th.a place to gill,18 a ju.t1fi..bb servics.
'!'he Board felt that aa a _tter of procKure a uae v.ariallcs should generally
be tabled and considerad further.
Mr.Myette aoved that th1a r!Q\1est be tabled.Seconded by Mr.Reed and voted.
~nani.ously to table.
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ZONING BOARD OF ADJU~TMENT FEBRUARY 17.1115
•
Mr.Sylvsllter said there should be aors inf'oraa.tion on l1ghtins,and a letter
lIho\11d be prellBllted froa FFA saying that their standard.are CoMplied with.
Rick liard said every day the Calkins hold the property for hia is COlli 'ling th.
aoney.Krtl.calkins stated they do have other proapeotive tenant.for the
property,tenants that could .ove in as all.allowed.ulle.
Viee Chairu.n Martintl8u suggested that Riek Ward COae back ill two weeks with
"o:<,e input on the light1I18.IIInd ..letter llltatillg this use b peraittlld within
the airport periphery snd also that FAA ..a giV'lll input on ths Hpting to be
pSrllli tted.
P'EBRUARY 17,1975
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ZONING BOARD OF ADJUSTMENT
Mr,Myette 8lLid he personally would 11ke Rick liard to COllle back with a figure
llhich 11111 be Ulled as the CIItotf point.for.antrsnce,whether he would allow
250 people or 4001 that Rick .hould abo comput.this financially,Rick 8lLid
30.2 people per hour is con.idered the br..k~evan point.
Riok 11&,told he would have to have Planning eoui..ion approval even if the
use varianoe .hould be granted at the next .eetingl that it wOlllld be a uthr
of four to eix weeks before he had final approval.
Minute.of Dec_ber 2,19Z4
Mr,Myette auggested Mr.Bensen had iRt.nded to say"his proposed faci11ty
would be all.attractive addition to the area,"in the laet paragraph on the
firat page.
Alllo on page two,the parsgrsph containing the .tipulation regarding pOlllsible
expansion with two additional courts,the pronoun theY should be changed to
the Zoning Board for clarification,a.follows I that the Zoning Board look
at the parking situation at that time,
Mr.Reed moved that the Minutee of Decelftber 2,19Z!h....!.approved nth the
two correction!noted,Seconded by Mr,SylTester and voted Ilnaniaously for
approval.
Mill\ltes of January 6.1975
Mr.Reed moved that the Minutelll of JanuX16a9?51 be accepted,
Seconded by Mr.Fayette and voted unaniaously for approval •
Court Club Parking Variall9.e
A short discuseion took place ae to the ovez-oparking at the Court Club.which
hn accepted uny 1Il0re ll ..berllhips than th.y had anticipated.with Mil)'
people using the steam and ..una facHi ties but not the courb.Mr.Myett.
said the Court Club is planning an attrsctive addition.
The Zoning Adminietrator wall asked to look at the parking eituat10n to see
if Court Club 1&..s1ng the nlllllber of parking spaoe.they had be.n granted.
M.eUng vas d.clared adjourned at 6155 p.llI.
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6.
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
ReI Appeal of Mt.Mansfield TeleVis:l,on,Inc.
On the 17th day of February!1975 the South Burlington Zoning
Board of Adjustment approvea a variance for Mt.Mansfield
Television,Inc.,William Duff,Agent,3 Joy Drive,South
Burlington,Vermont based on the following facts:
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1)
2)
Does not encroach beyond existing structures.
Sets back over 300 feet from travel portion on
I 189,nature screening exists.
Conforms with Section 4468 of the Development I
Act./'')
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of World Wide Builders &Developers
On thp.17th day of February,1975 the South Burlington Zoning
Board of Adjustment anproved a variance for World Wide
Builders &Developers,James Mitchell,Agent,108 Dorset
Street,South Burlington,Vermont based on the following
facts:
Represents minimum variance possible.
Main section of buildinp,is set back more than
75 feet..
3)Plan does not pose a detriment to the area •
4)Conforms with Section 4468 or
Act.
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STATE OF VERl'10NT
COUNTY OF CHITTENDEN
Findings of Fact
Re;Appeal of Omer Chastenay,12 !by Street
On the 17th day of February,1975 the South Burlington Zoning
Board of Adjustment approved a variance for Mr.Orner Chastenay,
12 Iby Street,South Burlington,Vermont based on the following
facts:
1)Lot set off in 1954 prior to any zoning
requirements.
2)Will not change the character of the area.
3)Represents the minimum variance possible to
afford proper use of land.
ZONING BOARD OF ADJUSTMENT
L._"
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"~'ro
The South Burl1ft8ton Board of Adjustment had scheduled a meeting for Monday,
February 3,1975,at 5100 p,m,in the Conference ROOIl,Municipal Offices,
1175 Williston Road,
MEMBERS PRESM.
•~G BOARD OF ADJUSTMENT FEBRUARY 3,1975
•
Gttairaan Richard Myette,J,Everett Read
MEMllERS ABSi:N...!
Frederick Fayette,Jr"Robert Martineau,Alan Sylvester
O'l'IIERS !:RiSENT
Richard liard,Zoning Adll1nistntorl OlJIer Gttastenay
At 5125 p •••ChdZllllUl Myette declared the meeting 'l'l'oeUed becaulle I)f lack
of ..quorum.
The Chai~n explained to Mr.Chastenay that hie appeal Will be considered
at the next scheduled lIIeeting of the Zoning Board,and there lIould be no
further expense on hiB pert •
•
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The South Burlington Zoning Board of Adjustment held a public hearing in the
Conference Room.1175 Williston Road.on Monday,January 6,1975 •
MEMBERS ~ENT
Robert Martineau,Frederick Fayette,Jr ••J.Everett Reed
Richard Myette.Chairman;Alan Sylvester
Riohard liard,Zoning Administrator;Fred Mitchell,City Planner;Barbara
Chi ttenden,Nicole Chjj;tenden,Ted Maglaris,Steve Bushey.Lou li:ozzi,Joyce
and Yvan Beliveau,Jim Harvell.Hazel Hall
The meeting ....s called to order at 5=00 p.m.by Robert Martineau,Vice Cha1:l:1lIan.
1.~eal 0t..Q!0rge~all was delayed as neither Mr.HalllDr any representative
had appeared.
2.~!2!!.of Royal and Barbara Chittenden seeking a variance from Section 11.00.
Dimensional Requirements of the South Burlington Zoning Regulations,Request is
for permission to set off a lot With existing dwelling and other accessory build-
ings containing two (2)acrss which is under the minimum lot size in the Agri-
cultural-Rural District.at 1600 Dorset Street •
Mr.Ward stated he is ...near neighbor of the Chittendens and,on the advice of
the City Attorney,is not taking any part in this application for variance,and
had asked the City Planner,Fred Mitchell,to take his place.
Mr,Mitchell explained the request ia to eet off a lot containing two acres.
with a two etory house and accessory buildings.and sell this two acres and
buildings to a member of the Chittenden family.Property is located at 1600
Dorset Street;i6 bounded on the north by Chittenden Cider Mill snd on the
south by Thomas Chittenden.Mr.Mitchell indicated the location on a sketch
presented to the Board.is
Mr.Martineau asked if there would be any new structure.or if this merely a
requeat to occupy present structure.
Mrs.Barbara Chittenden explained her daughter,Joyce.and husband are willing
to take the house and become ownera of it.The reaaon for the sale is that
msrnbers of the family no longer have any use for it and can't afford to keep it.
The reason for the two acres is that it is all the land they would be able to
handle financially now.
Mr.Martineau a.sked.Mrs.Chittenden if the intention _s to deed the property
and she replied that it waa.She said the property is rented to several studenta
and she told them they could stay and finish their school year.
Asked by Mr.Martineau if,to the best of her knowledge.her daughter and husband
intended to occupy the house,she replied they did.Asked if it would be within
aix months.she replied it would.
It was brought out that the lot of Thomas Chittenden only contains one acre,but
this was set off under the 1964 zoning ordinanCe •
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ZONINC :aOARD OF ADJUSTMENT---..-..---
~!!l...Q.LRoyal_~rbara Chill!!!.'!~(continued)
Mrs.'l'homas Cllittenden said she was in favor of the proposal because it would
improve the looks of the property and the neighborhood.
Mrs.Barbara.Chittenden said it is the old Chittenden home which hll15 been there
for nearly 200 years.
There was no further support and no opposition.
Mr.Reed said he did not feel this would be setting a precedent because it is
all family property.
Asked if this would have to go to the Planning Commission,Mr.Ward explained
it would have to be considered as a minor subdivision by the Commission;that
there is a subdivision on file of the Chittenden property but this it>not part
of it.
The Board voted unanimously to grant this request for variance.
3.Appeal 2f-~2!!-~lari~seeking a variance from Section 11.00.
Dimensional Requirements of the South Burlington Zoning Regulations.Request
is for permission to alter an existing structure by constructing a 56'x 35'
dining area to within forty (40)feet of the required front yard,also requir·
ing a variance from Section 11.702,request to use a portion of the front yard
greater than 50 per cent for a parking area,at the A&W Drive-in Restaurant.
1184 Shelburne Road.
Mr.liard presented a sketch of the property to the Board.lie said it is zoned
Business Retail and either a drive·in or a sit-down restaurant is an allowed
use.Lurb cuts are existing.Section 11.00 requires 75 feet of front yard •
The present canopy is approximately 12 feet from the property line.The proposal
is to remove a portion of the canopy and close in the remaining part of it to
make a dining area to seat about 100 people.The lot is well in excess of the
minimum lot size.Around 27 parking spaces would be needed.
Mr.Steve Bushey said he felt the canopy had been e kind of Bore spot to people
on Shelburne Road and would definitely be an improvement to have it removed.
Mr.MaglarlS said they are dieposing of the property and it will not remain an
A&Wl he believes it will be an independent franchise and will be a definite
improvement.
LouRozzi said he now has four Big Ben Pizza eetablishaents now;he plans to
make this one similar but more like :aig Burger.Will be a glaased in building
and an expected seating capaCity of 100 people.Wl11 make use of the sign
presently there;w111 have no neon signs at all.lie showed the Board SOllie
colored photographs to il1ulltrate his plans.lie said they had planned to use
the whole canopy but becaUSe they have to move back can only seat 100 people.
He feels this is enough 8S it is about all the kitchen could Mndle anyway.
Mr.Martineau asked about turning the plan around and meeting the 75 foot
rlloquirement.
Mr.BoZZi said this would mean destroying the canopy.
Jim Harvell said the canopy has a 20-year bonded roof which cost $18,0001
it would be economically unfeasible not to keep the roof.
There being no other support and no opposition the Board took B brief recese
for discuseion.
It was felt the plan would be an improvement but concern MaS expressed about
the landscaping unlesl5 the green area in front could be Ilaximized by eliminating
SOMe of the parking spaces.
JANUARY 6,m2
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'v
~~~~Q...QF ADJUSTME~
Appeal of Th~e Mag1ari!!.(continued)
The Board agreed that if approval was granted there should be two stipulations I
1)that there be no parking west of the building except for the
parking spaces on the McIntosh Avenue sidel
2)in order to maximhe the planted area it .mould be extended to
the width of the building,following out westerly until it
intersects with the line of the planting plan,
The Board voted unanimously to approve this request for variance With the
two stipulations noted above.
1.Appeal of G~rge Hall seeking a variance from Section 11,00,Dimensional
Requirements ofthe South Burlington Zoning Regulations,Request is for per-
mission to construct a 16'x 24'attached garage and a 14'x 14'addition to
an existing porch to within eight (8)feet of the northerly side yard,at
1185 Airport DriVe,
Mr,Ward said the area is zoned R-4 and a 15 foot side yard 18 requirOl'd,
The eketch submitted shows an addition to the hOuse of an attached garage
and an addition to an existing porch that will come to within 8 feet of the
side yard boundary.This is a lot eet off in 1950 with 70 feet frontage and
a depth of 104 feet with an existing single femily dwelling )6'x 24'in just
about the center of the lot.He said he thought the lot on another street
which abuts the properly belongs to the Halls,
Mrs.Hall explained the request for variance was because they badly need a
garage,and that the existing porch will be made into a living area,She
didn't think the people on the other side Were going to complain.
There was no other support and no opposition.
After stUdying the sketch the Board felt any other plan for the addition
would be impractical because of the entrance to the house,
The Board voted unanimously to grant this request for variance.
A motion for adjourtment was made by Mr,Reed and seconded by Mr.Fayette,
The meeting was declared adjourned at 6,00 p.m.
/'
•STATE OF VERMONT
COUNTY OF CHITTENDEN
}'indings of Fact
He:Appeal of A &W Drive-In Corporation,Maglaris
ADJUSTMENTMART!
~..
On the 6th day of January,1975 the South BurUngton Zoning
Poard of .,\djustment approved a variance for 1-1-1'.Maglaris of
the A &W Drive-In Corporation,Shelburne Hoad,South
Burlington,Vermont based on the following facts:
1)Conforms with Section 4468 of the Planning and
Development Act.
2)Reasonable alterations to an existing non-
conforming structure.
3)Reduction to encroachment
Road set back.•
,
STA.TE OJ VETWONT
COUN'.rY 02'CHITTEN~EN
Vindini's of "act
Re:A.pneal of Mr.George Eall,1185 Airport Dr.ive
On th8 6th day of ,T"'I'.uary,1975 th"South :'ut'lington Zoning
BO'lrd of P.d,jnstment appr-oved 8.var-'lance for Mr.George Hall,
I1P5 ,\:l.rport Drive,South Burlington,Vermont based on the
followinv facts:
1)Conforms with Section 4468 of the Pl<inning and
Deve1o"mpnt Act.
2)Lot set off in 1950 when side yard requirements
Were 10 fe'et.
3)""OUln be hFlrd~bip t:J eliminate the proposed /1
side door,"·'h.~cr',r111 allow way :Into house.//"
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•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Pact
Re:Appeal of Royal &Barbara Chittenden,1600 Dorset street
On the 6th day of January,1975'the South Burlington Zoning
Bonrd of Adjustment approved a vad.lJncetor Royal and Barbara
Chittenden,1600 Dorset Street,South Burlington,Vermont
based on thA followin;;facts:
1)rteasonable URe of land,property will remain in
same far11ly.
F1arm
and ,
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(j:d.¢J;/'<:,0z~:e .--~r-CJ1..,,~""
ZONING BOARD O~'ADJSUTMENT
No additional buildings to be constructed.
houre presently occupied by stUdents .
Conforms 'IIi th Section 4468 of th",Planninf'
I"eveloument Act.
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ZONING :BOARD OF ADJUSTMENT
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The South Burlington Zoning Board of Adjustment held a public hearing in the
Conference Room.Municipal Offieea.1175 Williston R~d,on Monday,Deoember 2,
1974,at ),00 p.m.
Richard Myette,ChaiX'llanl Robert Martineau,J.i:verett Reed.Alan Sylvester
MEMBERS ABSENT
Frederick Fayette,Jr.
<YI'HERS PRESENT
Richard liard.Zoning Adllinistratorl Maurice and Joanne Seguin.Kenneth Gray,
Robert Bensen,James A.lAmphere.Richard and Mazy Cady
tllail'll\l\n Myette opened the meeting at 5,Oe p.lII.
Minute~~ber 18.1974
It IIlJS moved by Mr.Reed,seconded by Mr.Martineau,and voted unanimously to
accept the Minutes of November 18,1974,as presented.
~br CroBS .9ourts
Appeal of Cross Coutts,Robert Bensen,Agent seeking a varianoe from Section
8.00,Pe.rRitted Uses of the South Burlington Zoning Regalations.Request is
for permission to erect platform tennis courts which will require a variance
from Section 11.15 Il.nd Table 1 pnking :l'e<juireJIents.PropolllLl is to use the
existing parking area and lot used Py CrOsB Courts.70 FarrellRoad.
Mr.Ward prellented two drawingll of the property.He st&ted the area is zoned
for Businelll&Planned Development,With the present use allOWed under Section
8.001 for Business Retail District.with Section 7.003 allowing indoor reC:l'e-
ation facilities.The proposed use is for outdoor platfox-tennis courts.and
nowhere in the ordinance ls there any Illention of outdoor recreation fll.cill ties.
The proposal is fo:l'two courts now,With two Illore planned for the future.
Mr.Ward eaid the sectlon providing for one uee on the lot could,or could not.
come into play.
It is not planned to increase the parking or alter the driveway as they feel
the 54 spaces granted as a waiver for Cross Courts will still provide plenty of
roOWl for parking.
Mr.Benllen felt his proposed facility would be an l/.dd1t:lon to the area,saying
it would th right in with the indoor courts.He stated that plstfon tenni5 is
the offioisl nalle.It is a sllls11er-$llled type of game than tennh.played on a
30'x 60'court,three feet off the ground on a wood or slullinu.platton.It
is plllyed off I).screen sim11ar to squash.It is a tepidly groWing sport in New
Englll.nd.beco.ing Illore popular.and offering outside activity at reaeonaele cost.
The whole faaily can plaYI no one hsa to be an expert to play.Is played Iloetly
during the cooler $Os sons as it 1r;rathe:l'strenuous for hot weather.The courtG
will b.l1gtJ.ted for night use.
ZONING l1QARD OF ADJUSTME!!!DECEMBER 2,1974
I
•
Appeal of Cross Courts,Robert Bensen,Agent (continued)
Asked by Mr,M.artineau how late they would be op<m,how late the lights would be
on,Mr.Bensen replied they would be tied.in With the erose Courts circuit and
would be open no later than Cross Courts,Also,Croes Courts will be taking
reservations for them as well as helping in other ways,with the use of their
facilities.
ChaiI'llllln Myette asked hOll ....ny parking spaces would be needed,Mr.Bensen said
if all eight play ere Q&me individually there would be eight cere at the most.
Mr.Benssn then referred to Kenneth Gray for more parking information.
Mr.Gray.explaining that he works at Cross Courts,said they SeldoM haYe aore
than five.spaces utilbed per eourt.There are 54 spaees available and even
with the addition of the paddle tennis eourts,the most spages that would ever
be needed would be 401 thUIl he feels there 13 no need for any additional parking
space••
Mr.Cady,abutting property OWJl.er,asked in cese additional parking !light be
needed later,in what direction would 1t be expanded?
Mr,lamphere answered that if parking llhould bs expanded it would go to the
west.No iBfring8lllent on the north at all.
Mr.Cady said he wanted to bring it to the athntion of the Zoning Board that
when Cross Courts wall eonetrueted,some large pines were rllllloved between their
property and his.These were eventually replaced with eeven pine trees only
six feet high,providing absolutely nothing in the way of eoreening,
The Chairman uid this was a problem for the Plannillg OOlDlllisslon,not the Zoning
Board of Adjustlllent.
Mr.Ward said Cro ••Courts'original plan didn't ehow any cut,but they had to
lIIB.ke a four foot cut,neoesllitating the removal of the tree••
The Chairman said his personal philoeophy regarding parking lots i.to keep
them as emaIl as possible until there is absolute neeeslIity for expansion.
He would wish to have a etipulation that if they do expand With two additional
oourts,that they look at the parking situation at that ti.e.
Mr.Reed said he !lotieed vaeant parking plaees even with people COIling in to wait
for open courts.
Mr.Sylve.ter moved that ill the case of any futqr,expaneion of the eOllRlex,
ineludl,l\Pi Cross Court,or the platform tf/nnb ar!!,it is etipulated that thex
should eome bagk to the Zoning Board for approval.
Seeoll.ded by Mr.Reed and voted unall.imouely.
The Board voted unanimously to approve this variall.ce With the above stipulation.
Appeal of Mauriee and Joanne Su:uin
Appeal of Maurice and Joanne Seguin seeking a YBriaBce fro.Section 11.00,
Dimensional Requirements of the South Burlington Zoning Regulations.Request 18
for peraiseion to construct a 16'x 30'attaehed garage to within four feet nine
inehes (4'9")of the southerly side yard,at 55 A1rport Pe.rkway.
Mr.Ward ssid this property is in R-4 District,and Seotion 11.00 providee for
a 15 foot side yard.The let i8 70'x 190'and occupied by a raneh-type single
feaily dwelling.The back yard abuts Challlberlain Sehool property and the southerly
yard abute the residence of Leo Dunean.
Mr.Sylvester 1I0Ved that the Board vote Vi th the etipulatlonthst the gam"
be not lIore than 14 feet south lIf the boua••
Thia Iltlpulation was seconded by Mr.Martineau and unanllloualy approved.
Appeal of Maurice anot Joanne Seguin (continyed)
The proposal 111 to CQIlStruCt a garage 16'x 30'to W1thln 4'9-of the sQutherly
sids yard.Mr.Ward has a letter on f11e frOlll the Duncane of 49 Alrport Farbay
stating they have no objection to this proposed garsge.
Mr.Myette asked if the bedrOOlll side of the Duncans hOlle would Ie next to the
proposed garage and Mr.Seguin repl1ed it would be.
Mr,Seguin explalned they need a garage and that the extra length would be for
storage,and the width i.neceseary to allow for the steps going into tbe house.
Chaiman Myette asked Mr.'l/ard if there are any "thera in the area ••close .s
five feet.Mr.Ward d1<!ln't know of any,
Mr.Seguin said there are several leSI!l than ten,but not aa olose 8.$five.
When questioned by Mr,Sylvester about length of residenoe,Mr.Seguin said h"
had lived there six years,and the Duncan.had been il\their houlllI fifteen years.
lllairman Myette explained that the Boal:d must look at the prob1_of setting a
precedent for an area or neighborhood,that th"Boal:d Ilust follow the five basic
criteria set by the State and if one of the crlteria ill Tio1ated the City could
be open to a laWllUl t.
Mr.Sylvester ..ld these lots hal'''unique physical clreullstances,that a garsge
ie a necessity and wodd cOIle lnto thehardllhip category.
lllalnan Myette sllggested a 14 foot garage as a cOllprolll1se.
Mr.Seg1lin said th."oou1d probably get by W1th it,but it would be tbe ab.olute
m1nll1~to allow for the steps.
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ZONING BOARD OF ADJUSTMENT DECEMBER 2,1974
The Board voted unanll1olll!l1y to approve tbe variance witb the above noted
stipulation.
It wall 1I0Ved by Mr.Reed and eeconded by Mr.Martineau that the lIleeting be
adjourned.
Meeting was declared adjourned at 5,40 p.II,
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STATE OF vERMONT
COUNTY O?CHITTENDEN
Findings of Fact
Re:Appeal of Robert Bensen Co.,70 Farrell Road
On the 2nd day of December,1974 the South Burlin~ton Zoning
Board of Adjustment approved a variance for Robert Bensen,Co.,
70 Farrell Road,South Burlington,Vermont based on the
following facts:
Proposed use is closely allied to indoor tAnnis.
Represents the minimum variance to afford relief.
•
1)
2)
3)Prosent parking lot is udequatefer both Uses./
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Maurice Seguin,55 Airpor t Parkway
On the 2nd day of December,1974 the South Burlington Zoning
Board of Adjustment approved a variance for Maurice Seguin,
55 Airport Parkway,South Burlington,Vermont based on the
following facts:
1)Lot very small,set off prior to ordinance.
2)Reasonable use of property •
ZONING BOARD OF ADJUSTMENT
The South Burlington Zoning Board of Adjustment held a publiC hearing on
Monday,November 18,1974,in the Conference Room,Municipal Offices,1175
Williston Road.•
ZONING BOARD OF ADJUSTMENT NOVEMBER 18,1974
•
•
MEMBERS PRESENT
Richard Myette,Chairman;Frederick Fayette,Jr"Robert Martineau,J.Everett
Reed
~ERS ABSENT
Alan Sylvester
OTHERS PRESENT
Richard Ward,Zoning Administrator;Clement Barber,Mr.and Mrs.Ronald
Farrell,Claire Guiduli,Ralph Guiduli
Th"meeting was callfld to order by the Chairman at 5,05 p.m.
~eal of ClemflOt Barber,11"5 Airport Drive
This appeal had been tabled at the previous meeting,November 4,1974.in order
to allow members of the Zoning Board an opportunity to visit the site before
making a deCision.
Chairman Myette asked Mr.Barber if he was prepared to II8ke any compromise on
the location of the proposed garage;that he wanted to make it clear to Mr •
Barber that the Board is severely restricted and muet meet the criteria reqUired
by law before granting variancee.
Mr.Myette said the Board would suggest the ll1ternative of lining the garage up
with the house and mOVing it back to avoid the window and the bulkhead.
Mr.Barber said he could agree to locating it seven feet from the fence.
Mr.Martin .....u asked about doors.Mr.Barber said there would be a regular
garage door as well as a door into the workshop.
The Ohairman said if the variance is granted,it would be with the stipUlation
that the garage be located seVflO feet from the southerly boundary line.,
The Board voted unanimously to grant this request for variance,with the above
stipUlation.
Apped of Ralph &Claire Guiduli
Appeal of Ralph &Claire Guiduli seeking a variance from Section 11.00,Dimen-
sional reqUirements of the South Burlington Zoning Regulations.Request is for
permission to bUild an addition 22'x 16'to within five (5)feet of the northerly
property line,at 5 Berkley Street.
Mr.Ward pres"nted photographs of the rear yard of the GuiduU property.He
stated the area is zoned R-4,with side yard reqUirement of 15 feet.The
request is for permission to construct a family room on an existing concrete slab •
ChairJM.n Myette explained that granting a variance could set a precedent,that
other neighbors might feel entitled to the sallie variances.Therefore,the
Board would 11ke to compromise a5 best it could in a eaze like this •
The Board granted the request for variance by unanimous vote,with the com-
promise agreed to by the appelant and the Farrells.
Minutes of October 21.1974
It was moved by Mr.Martineau and seconded by Mr.Reed that the Minutes of
October 21,1974,be accepted.Voted unanimously to accept the Minutes.
(NCYl:E.The Minutes of November 4,1974,noted in error that the Minutes of
October 21st had been accepted.)
Minutes of November 4,1974
Mr.Fayette moved that the Minutes of November 4,1974,be accepted.Seconded
by Mr,Reed.Voted unanimously to accept.
This concrete slab is about two feet from the nearest neighbor's property Une.
Mr.GUl.dul1 wants to construct the addHion approxirna tely five feet from that
line,leaVing about three feet of slab Bs it ls,The only trees involved are
birches on the property line.The proposed addition would block the only Window
in the kitchen if it were to be located more to the south end of the lot.
Chairman Myette then asked Mr.Gul.duli to explain his reasons for requesting a
variance.
Mr.Gulduli explained that his house is small and he nMds more room,Many of
his neighbors with similar homes have solved the problem by eliminating the
garage and IlI8.king it into a family room,but he doeen't feel he can give up a
garage.His plan was to knock out a wall and provide access to a new family
ro<>m to be built on the concrete slab already there (a patiO).He :indicated
to the Board by means <>f a dmwing the proposed location of the new construction,
also indicated the kitchen window that cannot be blocked off,
His neighbors.however,preferred that he keep the addition in line with the
garage,Mr,Guiduli said if he is restricted to the pre~existing line,this
will mean expanding the addition off the slab with the necessity for a new
foundetion for that part of the conetruction,also will mean changing the roof
line of the additi<>n.
His neighbors,Mr.and Mrs.Farrell,were prellent at the hearing.Mr.Farrell
said he would have no objection to this compromise of keeping the addition at
the existing garage line,but would object to Mr.Gu.idul1's original pun.
•
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ZON!NG BOARD OF'ADJUSTMltNT NOVEMBER 18,1974
•
Mr.Martineau then moved that the meeting be adjourned.Seconded 'by Mr.Reed
Meeting declared adjourned at 51)5 p.m.
(:'2)g;~61dJ{2J
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~';T t\TE 01?V1~rn·~O}rr
C01JN'I'Y OF CI!T'T'TI,ITDE:!'
en the leth of November,1Q,/11 the D01Jth Bnrli.nc:ton Zoni nr>;
t30:nd ()f IHtj1J,d"'IEmt a,Tlroved n vor,innee for RaJ ph GUiduli,
S Herk1.oy Street,South Burlj,n~ton.Vermont h8sed on the
foJlov',nC faot."':
1)Lot set-off nnder ten (0)foot s'rl"',wrd
-r--e ern i :r--empnt •
en the 18th of November,1974 the South BurlinGton ZoninG
Board of Adjustment approved a rdriance for Clement Barber,
1155 Airport Drive,South Burlineton,Vermont based on the
follow:Lng facts:
1)Represents a reasonable use of the land and is not
a detriment to the surrounding area.
~)Narrowness of the lot would prevent the construct
of a Garage in total conformance.
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STATE OF VERMONT
C amITY OF CHITTEND:EN
FindinGs of Fact
Re:Appeal of Clement Barber
3)Minimum variance allowed to
land.
use of exis ing
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ZONING BOARD OF ADJUBTMEN'T
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'!'he South Burlington Zoning Board of Adjustment held a public hearing in the
Conference Room.Municipal Offices.1175 ~111iston Road,on Monday.November 4,
1974.•ZON!NC.]QARD OF'ADJUS'l'MEN!NOV~BER 4,19Z±
•
MOOERS PRESENT
Richard Myette.Chairman,Frederick Fayette,Jr ••J.Everett Reed.Alan Sylvester
MEMBERS ABSENT--
Robert Martineau
OI'HERS PR~
Richard liard.Zoning Adll.inistratoTI Clement BaT"r.George E.Myers.R.K.
Derridinger.Clem Baker.Bob Pettibone.Harry W.Yawney,Edward Johnaon
Meeting was called to order by the Chairman at 5100 p.llI.
~~-2f-Meetina of October 21.1974
It was moved by Mr.Reed.seconded by Mr.Sylvester,and approved unanimously
to accept the Minutes of October 21.1974.
~L OF LUC!EN D~,-R!CHARD DERRIDINGER,/lCM.
Appeal of Lucien Demers,Richard Derridinger,Agent,seeking a variance from
Section 11.00,Dimensional reqUirements of the South Burlington Zoning Regu-
lations.Request is for permission to eet off a lot oontaining ten point one
(10.1)aores.as a single family lot which has no lot frontage except a sixt~
(60)foot right-ot-way,parcel in question 18 south of 1,545 Dorset street.
Mr.Ward said the area in question i"zoned AR District.The lIinimum lot
frontage reqUired is 200 feetl the proposal is to set off a lot which "ill
have no frontage.The lot that ie proposed is 50 acres.With ten acres to
be purchased now,the remaining 40 acres under option to be acquired over the
years.Construction of a single family house 18 proposed on the ten acres.
There Bre two sixty-foot rights of wa~to the lot,and it is proposed to use
the right-of-way presently us-ad by Mr.Delllers ae hi"driveway.This right-of-
way lias deeded to Mr.Demers by Mr.Harry II.Yawner Who owns adjoining land.
Mr.Derridinger saiaMbe found it impossible to acquire any frontage to go with
this parcel of land tnat is the reason he is requesting the variance.He then
indicated on the draWing which had bee!'1 presented to the Board.the location of
the right-of-way he proposes to use.
Mr.Derridinger said his house would be in the center of the ten acre loti
would have a white stone driveway coming up to the house as a continuation of
Mr.Demers'driveway,house to be about 3400 square feetl of wood construction.
stained I basically on"floor.H'i!stated the house would not b"visible fro,.
the hlghwy.
Mr.Harry Yawner said he had no objection to Mr.Demers selling hie property,
or Mr.Derridinger using the right-of.way,but he did queetion Mr.Derridinger's
statement that he had been unable tl)acqUire any frontage,as he.Mr.Yawney.
had never been approached about this Matter.
The Chairl1an asked if the Board intended to req\\ire a person to have 200 feet
of frontage,Mr,Reed asked about the other houses on the opposite aide of the
street lIhich are liet way back .-do they olin all the way to the road,
Mr.liard said they did,
Mr,Myette said the Board encourages cutting dOlln on curb cuts.
Mr,Fayette said he could see no problem even if this beoame a development of
one hou"e at a time,as each ho\\ae would still have to have a separate variance,
•
ZONING BOARD OF ADJUSTMENT NOVEMBER 4,1974
•
•
The Board voted unanimously to grant this variance,
Appeal of Martin Beauvais,Richard McDowell,Agent,seeking a variance from
Section 6.00,Pe~itted Uses of the SO\\th Burlington Zoning Reg\\lations,Request
is for permission to operate a group home for no more than eight (8)adults from
a single family dwelling located at 148 CO\\ntry Club Drive East.
The above appeal for variance was withdrlLlm prior to the hearing of November 4th,
APPEAL OF CLEMENT J.BARBER
Appeal of Clement J,Barber seeking a variance from Section 11.00,Dimensional
requirements of the South Burlington Zoning Regulations,Req\\est is for per-
mission to construct a 16'x )4'garage and shop to within fO\\r (4)feet of the
so\\therly property line,at 1155 Airport Drive,
Mr.liard said the area in question is ~oned R+4 District,The mini!llum side yard
requirement i8 for 15 feet,with the proposal to construct a garage and shop to
within 4 feet of the aoutherly side yard,A large garden area abu¥s the southerly
side yard of the property,He presented a sketch to the Board showing the pro-
posed location of the new construction,
Mr,Barber and his neighbor,George Myers,both indicated to the Board the
approximate location of three maple trees behind the house lIhich would have to
be removed if the new building was put behind the house,
Chairman Myette explained that going to within four feet of the property line
was a serious variance,and that allowing a variance later on the vacant lot,
now garden space,wo\\ld be compounded by having this proposed garage sO close
to the property line,He felt they IUd not have enough infol'lll8t1on now to grant
a variance because of hardship,and reminded Mr,liard that it is encumbent on him
to request certain information from an appelant who comee in asking for a variance,
Mr.Reed said hewo\\ld rather table the request than to turn it down,and the
Board concurred in that they would prefer to visit the 8i te and perhaps work out
)a compromise,
Chairman Myette explained to Mr.Barber that the Board has little latjitude,
tha tit must meet fi ve crt teria and follow certain guidelines.and wo\\ld be open
to challenge by the courts if thi6 16 not done.
The Board approved a motion to table the above request by Mr.Sylvester,and
Ileconded by Mr,Reed.
Mr,Fayette asked Mr.Barber how long he had lived at that location,and Mr,
Barber replied he had liVed there 21 years,
NOVEMBER 4,19'(4ZONIN.g BOARD OF'ADJUSTMENT
•APPEAL OF THOMAS REID,ROflE.!IT pmI~NE,AGE:!!!.
Appeal of Thomas Rdd,Robert Pettibone.Agent lleeking a variance from Section 11,1.5
Use requirements,Article XI of the South Burlington Zoning Regulations,Request
is for permission to operate two businellsea from one building (Wsrehouse 12 snd
Countt')'MallOred Ki tohens.Inc.)located at 372 Dorset street.
•
•
Mr,Ward said the area 18 zoned BU8inellS Planned Diatrlct.with no ]liar"than one
use per lot being allowed.This is thll former Canteen property on Dor8et Street
now leased by Mr.Pettibone and still owned by Tom Reid.All uses OVer one must
be approved by the Zoning Board,
JillI CresseY 11:1 already in the building,operating \larehouse 12,
Mr.Ward said he had informed them when work was being done on the building
that an approval would be necessary,and Mr,Pettibone said he would be the
one to appeal for ..variance rather than having Mr,L'rellsey ask for one,He
explained that he felt 1f he was turned down,then Mr,ll!:ressey would have to
leave,
Mr.\lard said Mr,Cres5eY is operatlnp;\/arehouse 12 from the large garage.
Mr.Sylvester questioned whether Mr.Cressey ",auld lose hh rIghte because he
lIould no longer have any frontage,
Mr.Ward said he would not.since the variance would be given to operate tllO
separate businesses frem the structure.
Mr,Pettibone said the two businesses lend themselves to working well together.
Mr.cressey is not restrioted to the backl he will be putting appliances in
the front for display with the cabinets.
Asked about parking,Mr.~ard said there is plenty of parking,the whole lot
is gravelled.
There was no opposition to the request for variance.and no further support.
The Board voted unanimoullly to approve the requeet for variance.
Mr,Fayette lIIoved that th ..meeting be adjourned,Seconded by I'll",Reed.
The meeting was declared adjourned at 5150 p.m •
•
•
•
ST!\TE m'V-,"H110FT
e Ot!"TY OF el:I1".n:HDEN
FincUnc-s of Fact.
Re:A':,":e::}of Countrv ),j;'.nored Ki tehens-Kobert f'etti bone.Ar:fmt
On the ll-t.h of November,l074 t.he 801 tj-:13urJj..ncton Zonj.nr,
Board of Ad,iuG tin.cnt.G.p :ll:'oved <3 vnr:l unce for Coun trv Nanor-cd
Kitchens-Hobert i'ettilJone,Ac:ent,372 Dorset Street,South
Bur1.inr;ton,Verl'lont.b<3serJ on the fo}Jowin;;f,1ct,J:
l)Re;lDonable u"e of buildj.ngs:•
•
•
JT/c TE OJ'1F;Hll 0NT
C 01.11 iT'!Of G"!ITT ENI/,';N
Jo'indinss of F(l.ct
He:Aqper:l of I,uc4.en Demers-Ricbard Dcrri.di..n~er.Ac;ent
On tb e 1+th of'November,J 974 tLe 8011 tJ-:Burlin [ton Zonj n[
BOD.rd of'Ad,jur;trnent H,Jproved '.J varjanCe for Luc]en Demers-
Hicbltd lJeTTidiw;er,A~·ont I?O?Dorset Street,SOl.1thR'urJ-
incton,Vermont lJiv:cd on tl:.e faLl O\-/i.nc;f;-,.cts:
1)PJ.an is rcasonable Use of'~ropcrty.
Not a dctri.rnent tc surroundinc.area •
_.._.'._-I-~/>-71c·-.
Chcd.T ,,',n
__$A·.~~
P2.rcel of'land in ouu,tion sct-Qi"f,Drior to
/tbis dtsLrict.
'<)•
The So~th B~rl1flgton Zoning Board of Adj~stlllent held a public hearing in the
Conference lIOOll,Municipal Oftices,1175Willtston Road,at 5,00 p.lII,on
Monday,October 21,1974•
',''.
ZONING .BO@!;!OF ADJUSTMENT OCTOBER 2h....liZ!±.
•
MEMIlERS PRESENT
Richard Myette,Clut.i:rman;Robert Martinee~,J.Everett Re~
MDlllEllS ABSENT
Frederick Fayette,Jr.,Alan Sylvester
OTHERS PRESENT
Richard Ward,Zoning Administrator;Al Serakowski,Louis E.Barnes,Richard
W.Glenn,Ronald E.Bishop,Don Bordonaro,Wi Ilia.French
The Chainan called the meeting to order at 4,05 p.lII.
APPEAL OF LOUIS E.AND MARY M.BARNES
Appelll of Louis E.and Mary M.Barne",seeking a variance fro.Seetion 11.00,
Dimensional requirements of th"South Burlington Zoning Regulation6.Req~est
is for permission to constr~ct an addition 6'x 12'to a bedroom and a deck
10'x 8'to within five and one-half (5i')feet Of the westerly property Une,
at 90 White Street •
Mr.Ward e~lalned the property is in R-4 District with.side yard requlre-
llent of 15 feet.The proposed addition to the bedrooll will be only 5t feet
froll the property line and the proposed d"ck will be 9 fe"t froll the property
Une.Thh westerly property Une abub the rear of a Patchen Road propettYI
the proposed addition would actually abut a sange on the Patc:hen Road property.
Mr.Barnes was ...ked by the Chairman to give hie reasona for the proposed
eddHion.He ..tated his wife is a cr1pple,hall.to use a walker,and has had
difficulty getting around in such a small spece.the proposed sddit10n to
the bedroom will sllow space to aanuever her walker aro~nd and avoid getting
hurt.Mr.Barnes further explaiJled that the purpose of the deck 1e to allo",
access frOll her bedrooll in ca."of fire,as it.would be praetically bponi ble
for her to get through the house frOM her I'QOJI to the fl'ont door.He indicated
on s drawing the Pl'Oposed location for the addi Ul>n snd the deck.
Chairman Myette stated that the Board llust be Vllt)'careful in granting a
variance for a 08611 of hard6hip to a property owner becaul'ltl the property
could be sold to someone else later who wo~ld bave no cause for consideration
of hardship.
There being no f~rther support and no opposition,the Chai~n called for a
vote.
The Board voted unaniMously to approve the appeal of Mr.and Mrs.Barnes.
Appeal of Church of Jesus Christ of latter IlI1 Saints seeking a variance
frQll Sec'1on 11.00,Dil\8tlaional requireJllflllts of the South Burlington Zoning
Regulation".Request is for peXll.1sl!1on to construct an addition to the
sanctuary.74'x 42'and I:Ln 18'x 32'foyer to the 1'l0I'l/lon Church,to '111 thin
sixty-fou:r (64)feet of th.lIutedy property UI\.,at 400 Swift st:re.t.
Mr.liard prnented dnulinge to the Board,He Did the ehurch 18 1n the AR
Diatrict IlHh a 81dlt)'/lrd requir81llent of 75 feet.The proposed sddition
1I0uld calle wi thin 64 feet of the property Uae.The church property sbut.
opel\land,CBC propert1,on both aides and 1J:le rar,No struotures I:Lt all
on this open land.
•
ZONING BOARD OJ'Ap,ruS'l'MEMT
APPEAL OF CliURCli OF JESUS ClilUS'l'OF LATTER DAY SAINTS
OCTOllER 21.1974
•
Mr.SewakollSki.arehltect froll PHtsburgh,}>S.,Mld efl:llleita plan had
been lIuba1tted at the tille the first building was con.tructed.aJld he had
eupposed the lot varianoes had been cleered at that tille.He indicated on
the drawings the next phau they are propoeing to cOlUltNct,saying it
lIould not be practical to try to expand in sft)'other lIay than what waB
pleJlJled in their original areh1 tectural desip.The ehurah is presently
using ita aulti-puX'pose roOll ..a place of worship,.11I1 th"P'O"th of the
ehuroh now necea.itates tha proposed addition,lIith a ne"ent%8nce froll
the parking lot.
Asked by the Cbairun about parking facilitiea,Mr.liard said tll'e proposed
addit101181 seatill!OIIP1'city ....ould require four or U ....llor.parking spaces,
1lhich they have agreed to put ill •
Mr.Reed aslted if the proposed entranee to the CBC properly would be right
on the property 11n.,and lfIlS assured by Mr.Ward and Mr.!!yette that it
was farther down Swift Street.
Cbai:run Myette said the Boerd,lforkil'l8 with a brand·n8ll o.rdina1tC~,is so•.,·
wbat reluctant to atart giving varianc"s in situatione Ihleh &S this.He
felt,hOIl~lVer,that frOll an srchit.,ctural atandpoint,the property Ilould be
far .ore att:p.'ij:ive the way it baa been designed aDd layed O\1t.
Mr.Bordolll!lrlJ"ft1is 1e phase-type oonetruotion,the lleans by lII\ich'every
church haa to grow,and aile of the reasons fo::not r.v1.i~tIHa1::plen now
18 that additional pl'laus are planne<!whioh will Bove into tlleb&~kof the
lot late::QJl.
Then baing 110 further support and no oppo.it1on,the Chairaan Called for
a vote.
The Board voted U1l&1I18OU811 to approve this request for 'l8r1ance.
MINUTES 0'MEErIHGS
It 1fll.1I IlOl'ed by Mr.Ree<!and seoonded by Mr.Marlineeu to approVe ths Minutes
of October 6,1974,as corrected.
Voted uII81l1J1oue11 fOr approval.
laTHDRAWAL OF A'PLIgATION OF CLI!!lEICT C.KIm
It ill to be a utter of record in the Minuhe that l'l::.Kirby'"application
for "fllriance,tabled at the October 8th Meeting,has been lIithdrawn.
A .0Uon for adjournaent by Mr.Reed and
unani8oual,.
JIIeetiac declared adjourned at 5145 p •••
seconded by Mr.Marlia_u 1fll.8 voted
,.
•
•
-.
,~{r /\TE OP VTG,H\·r Ol\~fr
C OI1HTv 0F GqrTT1~NDJ':N
Pind5n('3 of Fnct
He:1',noer'1 of Ghurd:of Jesus Christ ofI.<Jtter Da.y Saint.s
en t.he 21st of Octobm',1974 the SO'uth BurHncton Zoninc
BOClrd of Adjllstr"ent ap'1roved (]vn.ri'1nce for Churcrl of
JP.t;U~-{Chrj st.()f l,atter'D'l.y Snints,ltOO 81,7j.ft St,reet,South
Bvrli.nr:ton,Vf?:rmont bnserl on the f"l.Joviw·{'~cts:
Wi]]not datrnet fro~~reB nor create
nrohlems hOC811SP.of the character of the use.
•
•
•
•
r;TiI'J',~OF VERHON'l'
C OlIHTY OF'CHI1"rENDEN
Fi.ndi.nC"~~of Pact
en the 21.st of October,1(1?)+the South BurlinCton Zoninr
Bo~lrd of l\.djut:tment arJ1)roved a varj.ancc for Loui.sand
11arv 8~.rne<·«00 W"lite St,rre,et.South Burlj.n,.ton,Vermont
based on th8 f'ollo,!inr:facts:
1)
;,)
•
•
At the Oc:tober 21,1974,meeting of the Zoning Board
of Adjuetllent it was mOlfedl
That the Minutes of OCtOber 8,1974,be accepted
as corrected.
Theee corrections arel
4th 11ne frQlJl the bott~on page 2,the word ~
should be changed to read 118111 at one t1.lle coned.
cOlllJlucia1.
In the 2nd paragraph of the K1.rb;y Appeal on page 2,
the 6th 11ne in said pal'llgraph lIhould read The parcel
was fl!t off prior to the •••1nstead of Both p!rcels
w~e set off •
The Zoning Board of Adjustment held a public hearing in the Conference
Room,Municipal Offices.1175 Williston Road,on Tuesday,October 8,1974.•
,
ZONING BOARD OF ADJUSTMENT-OCTOBER 8,1974
•
MEMBERS PRE'S ENT
Richard M,wette.Chairanl Frederick Fayette,Jr,.Robert Martineau.
J.Everett Reed,Alan Sylvester
MEMBERS ABSENT
None
Q!!!£;RS PRESENT
Richard Ward.Zoning Adminietratorl Ronald C,Sch~ucker,Clement Kirby,
Tom Schroeder.Erneet Po~"rleau,Richard Bushnell,David Antone
The meeting was called to order by the Chatman at 5,00 p.m.
Minutes of September 23,1274
Mr.Reed moved that the Minutes of Septelllber 23.1974.be accepted lUI
l'resented ,
Seconded by Mr.Martineau.
Voted unanimously for approval •
Appeal of Pern and Schmucker
Appeal of Perry &:Schllucker,Attorneys at ~w seeking.varl.nce from
Section 13.00,Non-conforaing use and etructure of the South Burlington
Zoning Regulations.Request is for permission to alter an existing structure
by re..t:ldeUng a 6'x 15'porcb into office area,at 1480 111111ston Road.
Mr.Ward said the area is Iloned R-4 d18trlct.The office 111 presently under
a variance granted five or six y ...rs ago.Ie lIonco!lforJIing,The proposal
is to rellove an existing front porch and con"tNot W1 thin that diMension
an office which would enlarge the office ar..of the firm,It is also pro-
posed to change the roof 11ne of the structure "lid add new siding.The
f.ir market value of the property is $15.6)7.The estimated cost of the
construction 18 $5.500,1II0re than 25"of the fli1r urket value.The
vertical lIiding ulled when the garsge .....closed iill to btl used across the
front.Building 1e nottconfo:l;lling as to .etback,but they will be staYing
within the existing area.
Mr.Schllluck"r expla1ned the front porch is no longer funct10nal as th"y have
a new entrance in th.e rear frCllll th"parking lot.'I'lle present shrubbery
will btl kept,the walkway reoved,.nd lIore shrubbery added.They would 11ke
to go right around th"bulldil18 with the board and batten a1ding.The
interior will be changed sO that the entrsnCe frolll the rear goes right into
the reception area,eliaineting the front entrance entirely.The roof line
will be chllnged to inoorporate the porch 1t ...lfl will have a unHo:rlll pitch
all the way across.The old roof needs replacing anyway.
OO'1'OBER Sol 1974I.
I
•
ZONING BOARD QF ADJUSTMENT
!E2e&l of Perry &Schmucker.(continued}
Cllairm&n Myette I.lllked if the parking lot ...ould be altered,or if the number
of people ulling the structure would be changed.
Mr.Schmucker replied they needed to add another secretary very quickly and
have no place to put that secretary.The porch could be an integral part
of the building and is not sllrving any purpose right now.The parking lot
will not be chansed,
Mr.Martineau asked Mr.Schlllucker if he considered he would be changing the
character of the building sO it could never revert to another Ulle.
Mr.Schmucker 118id a front door could easily be added with atepe for II front
entrance.
Cllai:r:llan Myette said it appeared to bs a llubstantial lIlproveJllent to the
property.with Mr.Reed adding it would be an i ..prov8lllent to Wil1hton Road.
The Chaiman said the Board would have no objection to having the board and
bll.tten continued all the way around the building.
Thll Board voted unanbloualy to apprtlve the requellt ofPerry &Schlllucker.
AI!peal of C18lllllnt C.KirbY.Aspn!:.
Appeal of Cle-lInt C.Kirby.Agent ••eeking a variance fro-Section 11.00.
Dillensional RequirBllents of the South Budington Zcming Re8l'laUone.Request
i8 for peraisllion to set off two lots.one containing 7.290 sq~re feet with
81 feet of frontage on Mille Avenu.and one lot containing 11,295 equare feet
with 90 fe.t of frontage on Williaton Road.parcel located on the north....st
corner of Willi.ton Road and Mill~Avenue •
Mr.Ward l'rea.nted a sketch to the Board.H.said the area is zOned R-4.
Dielln.ional requiruenta involvllrl are 10,000 square f.et.The lot that will
tace Mills Avenue 1e 7,290 square teet,eo trn..t lot ia ahort.Th.lot that
faces Williston Road ia 11,295 equare feet.so o.k.on that one.The lot
facing M111s AVenUeA'~haVe 81 f!'L.~frontage.the Olle 011 Williston Road
...ould have 90 f.et~';parcel,ir~set otf prio:t'to the .ubdlvia1on r.gu-
latione.The dilllenBional requir.ents are the only thing involVed.the tact
that one lot has le~s then 10.000 square f.et.
Chai~1I My.tte asked about the 75 foot s.tback.
Mr.Ward explained the lot on Williston Road would have to have a 75 foot
aetbaok.the lot 01\Mi1111 Avenue only requires a 15 foot side yard.If a
75 foot .idqard was required for the Mills Avenue lot.the lot lIould be
lIiped out entirely.
Hr.Ward ll8id the City Attorna)'told hi'there ,",15 a v.ry technicsl prob18ll.
If the lot 16 approved it 11111 be necelles%)'to grant one aore variance.
The ordinance is written so that side yard 1¬ the frOllt yard.Thll 75 foot
setbe;ck caMot be 1I&i ved lIhen it has not beeR _med.Even if a variance was
granted to the 75 foot setback,there 1I0uld still be a sideyard encroach.ent
on 1'111111 Avenue.
Mr.Reed asked if there would be rooa on the tvo lots for on.house,Without
ooaing before the Board.
Mr.Ward said there would be.
Mr.Kirby explained the lot has 180 feet frontage on Williston Road and _W9J'
zOlled cOQ.rcid.The pdce of the lend would make it economically unfeasible
to uae it for juet one house.The lot on Mills Avenue would be pretty such
the sa".size a.other lot.on the stre.t.
OCTOBER 8.1274
•
•
•
ZOIIIIlQ BOARD 01'ADJUSTMW
AEReal of Cl!l!!pt C.Kirby,((lont}nu.ci)
Mr.Kirby atat.ci he had not yet purchased th"land.
Mr.lIyette cOMented that this parcel of larld had been brought to the Board
three Dr four times for variouG proposals in the last few years.
Mr.Kartineau raised the question of'the 90 de8ree cornu.that the street
sight be shown on the drawing as it sbould be rather than at the angle Ss
it actually 1&.'!'he developer wilD put in the "t:uet had anghd 1 t ,rather
tbs.n making it an enct ri6ht angle to WHUston Road.
The CbaiI'll&n Mid he felt the 75 foot sstback to be of great oonce:m.it would
not be practical to build a house with such Il setback.
Mr.Ward said that ill the only yard requirlllllent that 111 a.ctull.lly involved.
Mr.Kirby would have to get a variance if he decided not to aet the house
Mek 75 !<let.TIl"Mills Avenue lot doesn't need a 75 foot setback.
Mr.Fayette asked about sUbdivision regulations.Mr.liard said that only
involved three or More lots.
The Chairman said Mr.Kirby would have to come back again after the setback
on the house is warned.if the Board approves Mr.Kirby's plan.The varianoe
eould be denied because he ha.only 7.290 .quare feet on the othn lot.He
asked Mr."'aroif a eo:tne:t setback Wlls in the new ordi-.nce.Mr."'ard said
it is lIot.
Mr.Reed said Ill'thClugllt the 75 fOot setback should take prec.cient on a lot
of th16 typ...
Mr.Martineau said hardship was one of the tllin8.to be con.idered.He
aaked Mr.Kirby if he had conslder.ci SOIle other alternative sueb as bulld1ns:
II.dupleX or L-llhaped structure.Mr.Myettll a.ked if Mr.Kirby had pIIrchased
the property.Mr.Kirby said be Illl.d not.
Chai~n Myette auggested the Board could table the request until the next
lIIeating.and ..am the 75 foot setback.also try to gst the aP41e of tile
street straightened out.Mr.Kirby could be losing t.Dd.
Mr.Martineau said part of the lot could eonceivably be paved at a fv.tu:te ti...
Mr.Ward Mid the '75 foot .etllaek couldn·t be warned until the Mov.-ber 4th
lIeetins:.
The ChaiI'lllan statsd 1t WIlS the intent of the Board to table the request aa
preaently presented and to advertise the 75 foot aetbaek.
The Board voted unaniMously to table the request.
ApEeal of Pomerleau Real Ell"te.Inc.
Appeal of PoaerllllLu Real Estate.Inc ••aeekill8 a vananee froa Tabh 1.oti-
street parking and loading of the south Burlington Zoning Regulatioas.Request
is for perMiesion to eonstruct an addition.requiring setting off a parklag
ares of 144 spaCles wIlieh is under tile alnll1lUJlI required at the Hine.burg Road
Shopping Center.41 Hinesburg Road.
Mr.Ward preaent.-i a drawing to the Board .....ying the proposal is to construct
a clothing store structure to be constructed between the existing Grand Union
and the eX1llJting City Drug.The question to be solved by the Board is f'Dr
parking reqUireMents.The total nuaber of spaces required under the orll.inallee
is 175.
The present parking lot has 144 spaees,the additional store would require
2)spaces,for a total of 175.or )1 _ore than at pr.."ent.
Mr.Ward said Mr.POllerleau 1I0uld Uke to leave the parking area &II it is.
The back part of the building is to be considered loading and unloading area.
Under the old ordinance tile parking was sufficient,but under the new require-
Ment it 18 short.Wae actudly over aeeording to the old ordinance.
Chaiman Myette Aid the Board cannot be coneerned about the all8theties of
the addition,but can be oDllCern&d only about what kind of traffic th18 pro-
posed coamerci.l use lIill generate.
Mr,P~erleau ..aid the uMger of AUbuohon Hardware took a SUI'Yey at eight
periods during the day,over a week.wll1ch happened to be a week when Grand
Union wae haVing special ..les.The average was 90 car spaoes available at
all tbe8 for parking.At only one particular ti••,Friday evening,there
lIere just 50 vacant spaoes available.
Mr,POlIIerleau considered this study to be a definite 1lldiaation that there
is more than adequ.te parking available.He,cited the exallple"of the Ellssx
and Milton shopping centeI'3 allolling 4 car spaces for every 1,000 84tHre
feet of store area,and ha'dng no parking probl...whatever,A parking
stUdy of high dens11:y lIIetropQU tan areas has shown tha1:d\\dng peak Chrlstlll8.s
"hopping dayI',the 1Il8.x1IlUll requir...nt 111 5.5 ears per 1.000 squ.re fee1:.
Mr.Pomerleau stated his fl1'lll is tryin!to enhance the ar..,give a little
better tax base,and upgrade the aesthetics as sho1ll\by the rendition pre-
sented to the 'Board ,
ChaiX'lll&n Myette said he felt the parking requireaent.are really prohibitive
in relation to the statistics Mr.POllerleau has pr."entedl that he is "ur-
prised that the Flann1n!~iesion didn't uee a Ilore liberal ratio.
Mr.Poaerleau expleined that the greater the paved area for parking the
leaser·the aesthetics.
He said the Proposed store is to be a first-cLa"s wo.en's olothing .tore.
The storsge area is to be utiUzed by Aubuchon Hardware which ia operating
at capacity and laoks etorsge space.
Mr.Martin_u asked if there had been any COMplaints in the past about parking.
Mr.Schroeder said he will be running the nell olothing store and has no
ooncern about parking.He and h1ll famUy have been.shopping in the center
far SOlIe tille and have never had allY problem in parking,
Mr.and said he had never noticed any lack oi'parkin!space"in any of the
area shopping centers,
Mr.M,ette .aid no business firm is going into s shopping center without
adequate parking --it 111 their life line
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ZONING BOARD OF ADJUSTMENT omona 8,1974
•
The Board voted u.nan1moudy to app:t'ove the request of POlledeau Real Estate,Inc.
Appeal of F.R.Antone,Inc.
This appeal had been tabled froa the Septeaber 2):t'd Meeting.
Mr.Ward said Mr."'ntone is requesting penis.ion to r ..ove top soil froll
propll:t'ty at 981 Shelburne Road.
Chail'llllln JIlyette explained to Dllv1d Antone,repr"sentlng the fira,that the
appeal was tabled at th"last lIIeetll1g because no one fro.the fira was
present to expl41n the ...ning of the drawing,the setback frOlll Shelburne
Road,the stripping,etc.
David Antone eaid there 18 gOillg to be a "hopping area on the property
later on.He indicated on the 'h:awing the area where he would Uke to start
exeavating,had already start..:l on the front side of the ridge.He ..aId
they are selling the topsoil.
Mr.Antone said he would apply to the En"'ronJIelltal Board for just thiB 01'18
acre,then apply agaln later for the next U'••
Mr.Fayette told I'll.lt would be wi.er to apply for Nhatever he planned to do,
rather thall for julSt part of it.
ChalX'Un Myette realllded Jilr.Antone the EnvironJIental Board haa quite h.vy
r88trictiolla about replanting.
Mr.Alltone said he would have to relilead the acre he stripped before he could
start another acre.
!'lr.Fayette...ying that he knell the lal\d,felt there llould be no o_plaint
or probl...about r ..oV'ing topeoll.
The Cbai:run said t):lere 1188 no need for ballot vote.that a 1I0tion oould be
_de ln1.tead.
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ZONING IlOARD OF ADJUSTMENT•
k
OCTOBER 8.1974
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Mr.Martineau 1II0yed tb!t the Board milt HI.Aetone',r!9\!!8t.provided
that when he 1&stI1ppiM 1I0re tl!!&one acre.the fipt acte be reseeded
before proceeding IIi th a'll .ore atrtppil!Bj.
Seconded by Mr.Reed and voted ullllnilloudy fOr .ppro....l.
It ....a .oved by Mr.Raed and seconded.l:Iy Mr.Fayette that the ...Ung ba
adjourned.
Heeting was deolared adjourned at 6110 p ....
(....'/
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.<
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of E'act
He:Appeal of Pomet-leau Heal Estate
On the 8th day of October,1974 the South Burlington Zoning
Board of Adjustment approved a variance to Pomerleau Real
Estate,Hinesburg Road Shopping Center,South Burlington,
Vermont based on the following facts:
1)Adequate parking for present and proposed
use has been a matter o~record throug:h
experience.
2)Parking requirements of ordinance seem
rather restrictive in this situation.
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ZONING BOARD OF ADJUSTMENT
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Perry &Schmucker,1480 Williston Road
On the 8th day of October,1974 the South Burlington Zoning
Board of Adjustment approved a variance for Perry &
Schmucker,1480 Williston Road,South Burlington,Vermont
based on the following facts:
•
,
1)
2)
3)
Improvement to property.
Can easily revert back to residential use •
Slight increase in excess of 25%of the
fair market value.
ZONING BOARD OF ADJUSTMENT
Ttle South Burlington Zoning Board of AdJuet.eIlt ~elcl a public:hearing on
Monela)',Sept...ber 23,1974,in the Conhrellce ROOll,Municipal orficee,1175
Williston Road.•
ZOIItllG BOARD OF ADJUSTMM SEPTEMBER 2J.1274
•
•
II1Chard Myette.Cbairu.nl Fr«leno::kFayetta,Jr.,Robert JIlartilUlau,J.Everett
Reed,Alan Sylvester
lI1oh&:rd Ward,Zoning AdainbtratorJ stuart Ireland,lllarl..Digle
The '"UD&wae opened \lr the Cha1ru.n at 5,00 p,••
Regue.t of St!!!rt Irelalld
ThiB appeal for 0::0nd1t1_1 un of Lot 19.National Life prop.rty.bad bee
tabled.at the last aeeUng.1n ord.r that the e1te Bight 'be vi.ited by the
...ber8 of the zoning Board.
llIairaan Myette read froll Opinion #68 of the City Attol1ltJ.thlll opilS1on t.be
on nle.
Mr.Myette ..id the only question waa ,metl\er Or not the bll11dill'would be
<:OIIp&\1b18 II1th the aurroundinga,Mr.Reed said be felt it would be.
The Board 'fottd \1llBniBouel1 to grant Mr.Ireland's appeal.
M1nut ..of S!pt_ber 9,1274
It _.RotH that on pel'2 the "ori ".etWr lIh(lllld be cbaqed tG l1orth-
.eterlY COr..r.In the 4th pllragraJh.!Y pUUl'!ee "ould r'"!Il.'w 'n',
On .,e 6 refern88 to Mr.Reed's que.tion.it ehould r-.t _ped rather than
sonH·.
Mr.Sylveetu BOVed that tM Minut..of sut.)er 9.1274.ae a'!!l!hld'be
a£C!i!ted.
Se<:olldtd bJ Mr.Reed.
Voted unaniaoualy,
Ttle CbairMn reco..telied tbat the IIsxt B.e\188.eDhed.ll1ed for OctOber 7th.lila
held on Octo.er 8th,becauee of the Pre,id_tiel viatt to lilurl1n&toa Oft ttle 7th
lIbich w111 call.e aevera t.l1lff1c prahl ....1~the area.
'nIia wes acraed to by the ,."era aDd Mr,liard waa 1.etrv.eted to Mltit)the
appelallta anel adjQining pr~erty a_ere of '\!Ie .lI(a 1.dah,
I
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6pp!!1 ofF.Do Aatose.lno.
App_l of F.II.Antone.Inc"eellUllg alt appro".l of SectlOft 1).jO,H_oval of
&:rth ProductlS at the South :Bllrl1ngtOll ZOIl:l~RegulaUofte.
Requellt h for p.:tllbl!l1011 to etrip tOPl!lo:ll Gft a p6rc.l of lalld locat.ed at 981
Shelbu:tne Road.
No on.app_red at th.h ..ril'lg to r.pr.8.t the Anton.firll.A dtaw1Il.S of th.
prop.rty -.as 11ven to the Board ~Mr.Ilaxd bditlaUIaI the 10oat1lJl1 and tbe
propolled l!ltripp1ll.g ord.rl also II l"tter froll r.II.Alltolle.Ine.requ..t:lng
pen1e.hll tor th"stripp1llg at topsoil froB.thla paNlll of land.
Mr.Ward stated the tlr1l bad e'\&rted to etrip alr_14.llut had b.en stopped
It.eane thlt)'cUd not have a pe1'S:!.t.'1'b.,will have to «-t an I)\v1r_eatll.1
Pet'll1t.1110 probably IIn1 not etlllrt ap.lath1l ''''1'.
The Cba1na.1l aske4 h.w the a1'''''would be tr_ted afhr it ".s atripped.as he
questiOlled lIbeth.r tit..,.lIbotlld lle allolled to strip along Sftel~e.1I0000d.
Mr.'lind ...id it 18 a reqUina.t of the EIIv1X'OPeBul IlGard that eel\.lOG teet
18 atripped,1t auat 'be 1..ed1ately re..llded ll.fore atrippl_the n.xt pieoe.
Wbea a llUesUOR .s :ra1aed about tb.l1ptllr eo11 u!ldeDeaU.b1oll1Jrf a ..y lib.
the tllpaoil was takllll.Mr.fay.tt.sa1d 110 ..,all ala,WMl.emeatb .ad too
heavy to bloll away.
Itt.Ward tho stated that F.R.Antone.Ina.WO\lld alao bIIn to go b.tlllre the
PlanalAg Coaa1.alOl1 to get slte plan app~l before tb.r ..oval of tops011
OOQ1d be peraitted.
II disoualllon then took plaae naard1ng the 1nter~phaalllg of requests to be>tb.
the ZomRg Board and the 1laMbl C0IIII1as1on in order to ...,.days or ....h of
Ua.for the p.non seeUng .pproyal frea both Boaxda •.
Th.Cha1run 15&1<1 h.COIIld .e.nothing IIrClll8 wi til a persoll haviag a lIeheduled
date tooo.e bef.re the ZOIliR«:BNl.'d,eoains .efore Ute Pla.n1ag C...l,a1all
11l betw.en alld t.hen llealng llack to the ZonilllS :loari.
Mr.Ward ..id gettins aite plan approval doee not••.,..by.1apl1catiOJl.a ....
thlt)'are plng to .'t thrvv.ah t.h.Zn1nc :leam.11 aajor cOllceD.of tM PlewD«
CoP1aa1on 18 aar...1ag alSd lallda08p11\&.If the Zon11l8 :Beard a.iUes a plan.
th-.thlll "D aUllt be g1 veil.a chanc.to 10 baak to tile p1IIMia,0-1..1IIn.
Mr.Fayette tltlJU6bt lt a pod id...to UY8 a revin of IIfte of the 111portant
proaedur..."rtlaular17 with the overlaPJilll of :Boarde.
Cba1X11l1o"~ette felt the PlaJUl1~e-iaslon 1.'rio1&tl11&the apirt t as well
as the pill'.legal aspeats of the regllleU0II.8.
Mr.h".tt.eaphaa1Bed proaeduns are ",ry ll1portaat alld \h•.ZeD1ng Juri.haa
the 1'espcma11l111107 to 40 aOll.th1..!allollt tb.1a ..cnacllaeJ\t.
~.Marti....ll !loved tMt the lIQ."t of ,.B,.atue.Inc.,e tabled \Inti!
GeWee;8 ,1974,
S.eoRded by Hr.Sylv••ter.
Voted Qnaniaoualy to table.
Up<m a .0\1011 bJ Hr.Reed.a.ooMed 1Ir Kr.I'Iartlneau..til•••at1ng wao declared
adjoumed at 6.00 p •••
'.~,.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Stuart Ireland,Charlotte,Vermont
On the 23rd day of Septembfl1',1974 the South Rurl1nf;ton
Zoninf;Board of Adjustment avproved a conditional use for
Stuart Ireland of CharJ.otte Vermont based on the fact
that the proposed land use Is in conformance with Section
13.10 of the City Zoninr Regulations •
,"/
d~?Z,
c··~-12A.~~
"~/,/~d?
ZONING BOAED 0;;'ADJUSTMENT
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At Ut.ZOQ1ng Board of Adjuatlllllllt M••t1ng OR
Sept_b.r 23,1974,1t ".a ROVed to .!leapt tb.
Mhute.of Sept_ber 9,1974,1I1th the follo1l1q
cerra"Uoaa I
Pai.2,the "ord "!"KilX lJhould 11.ohanlled to r.d !oJ,'th.ater1y
poo,r.!1l.puroha••&bOlll.r_d hh puroha••,1n 4ttl p&xagraph.
Pa,.6,the "ord 1I01\!i!l ahould r_d ..ned 111 Mr,Be.'a qU ••UCla •
I
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RECEIVED
SiP 251974
,
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I
September 23,1914
Richal:"d R.Ward
zoning Ad~inlstrative Officer
1175 Williston Road
South Burlinqton,Vt.05401
REI Opinion No.69
National Life Subdivision
Dear Dickl
MANAGER'S C.-FIC!!;
CiTY so,DURl-II'IO ,ON
"
In response to your inquiry of September 10,1974,I
feel only the zoning Board of Adju8t~ent can oonsider condi-
tional uaes for the lots in the National Life subdivision.
In reaching this conclusion,I have pri~arily considered what
effect the adoption of the new zoning regulations have on the
prior order of the ~lanning Commission.Legally,it is rele-
vant to determine what "vested rights"the developer has,if
any,by virtue of the Planning Commission's Planned District
subdivision approval.In that connection,reference should be
~de to opinion no.13,dated July 10,1913.
Fl:"om the information I have,it would appear the landowner
has acquired a "vested right"to continue development of its
approved subdivision.These Vested interests would extend to
the looation of roads,lot sizes,etc.I also feel the develop-
er co~ld proceed to develop an individual lot tor any use which
wae speciflcally approved by the Planning commission without
contingenciea.It would be i~?raotical tor National Life to
suggest it has a "vested right"to develop an individual lot
for a warehouse When such use ~equired final approval by the
Planning Oommi~sion.Obviously,this use may have been approved
or disapproved..
By adoption of the new zoning regulations,the Planning
Commission lost some of its self-imposed continuing jurisdic-
tion.It must be considered that the Planning Commission played
a major Jole in the adoption of the new zoning regulations,and
any continuing jurisdiction may be successfully argued as an
improper delegation of zoninq authority.
•
•
....-..
Richard R.Ward -2-SepteJllber 23,1974
,,
I
•
In summary,I believe the best approach to handle,propo.ed
uaes in the National Life subdivision is a.follow.,
1.Lots may be developed for those specific uses approved
by the Planning commission wherein further approval was not
required.(See minutes of June 12,1973 meeting)
2.Lots may be developed for tholle uses which are permitted
in the zoning dietrict under our new zoning requlations.
3.Lots may be developed for those.uses which are condi-
tional in the zoning district under the new zoninq regulation.
if the Zoning Board approves such uses.
Very truly yours.
Richard k.Spok••
RAS,nm
eCI William J.szymanski
Town Manager
,
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Asked if the em.maD knew the purpo~e,Mr.Ward said he was sUre they knew it
would be a parking lot a I though they wou,ldn't have had any idea of how the lot
W<l<'to be set out for parking.
l-ln,.Maher ,repeahd the City had a direct hand in creating thls hardship,and
added that Mr.Hinsdale has agreed to WOrk with the City Planner in laying out
the lot.She $a1d that one member of the Planning Commission had been concerned
about the curb cuts,and two me'llber:s felt the lot should be paved and s,paces
'narked off.
Chairman Myette said he d.idn't think it was within the Board's j'Jrisdiction to
determin"what surfacing is used.
Mr.Martineau asked when it became apparent that more parking spac..s Ifouldbe
necessary,<lnci 111'.Hinsdale said this ",as part of the negotations from the very
beginning,it was never a separate issue.He was to put in a certain number of
toilet"(to meet the health requirement)before he occupied the building,and he
tlaS to gravel the lower lot "'henhe had completed my purchase from the City.
Hr.Hard "aid Mr.Hinsdale was not aware of the parking requirements until he
was told the parking tor.'t>\related to the sea Hng capacity.The conditional
license was oo$ed Upon the fad.that there Was a parking problem at that time.
Mr.l'",rtineau questioned whether the hardship was created by Arthllr's and ~:r.
HInsdale,or at what preconceived time was it a matter of hardship?
Hr.Ward ,,'),1d he didn't think the C1 ty Council recognil'ed or eVen considered
Sect!on ll02;had they done that they would have rea Uzed the lot Wall 1,1 not con~
form and Call lel neVe:r ha ve been used for il.paTking lot.
Mr.ii'lTd then l;,.<id the Fire Mar:,haH has be"n down to the buildlns and secs no
problem in that respect.They are requi'redto have 4 square feet per person,as
weU as 4 "halrs p"r parktng spa"e.
Chairman Myette (,aid theTe flere three things to consider.1)the variance re-
l().ting to)O%coverage;2)the buffer zonel J)curb <,,'\,\t in terms of safety.
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ZONING BOAHD OF ADJUSTMENT
,\PPEIIL OF CLARK HINSDALE,ARl'HUHS ,INC.{CONTlNUlW)
SliPTF.MBEH 9,197'+
•
Mr.Hinsdale sai.d the CttlJ Flanner went oveT the lot with him.,and Hr.MHcheU
fel t the 1atc unage of the lot,after the hOll):'s of GE and heavy supp"r~time
traffic,wouldn't be a problem.Neither had Mr.~;zymallski seen any problem,
Nr,~lartineau suggested Umiti.ng the park1ng to 21 "paces and eliminating the
other 7.
Hr.Hinsdale said he would agree to this.
Mr.Martineau asked Mr.Ward if the landscaping would conform,and Mr.liard
replied MT.Hinsdale's intenti.ons are to confor~.
Aft"r d1s(,u"s1ng ways of k ....ping the 15 fovt.bo.ffer zOlle,Mr.1"artineau mOVed
that,the fifty p"r"ent JlalS!lIUlIl,:'cove;pg"rllQlli\.r..ent be waived;and that the
fifteen foot ~ffer r~uiTement be met except for a tTiangle on the westerl~
side as deUnea.ted OIl the master sketch;and that the l"ndscaplnB reQuirement
be met;and tha.t the E£!rklng lot be uonstt;ucted \lnd djllineated and finish~
i.<nd approved according to the recommendations of the Planning Commission and
the City ICnl5ineer.
Seconded by Mr.Reed.
The lJoard voted unani.lIlously to ap.\lTove as per stil'u1ation~•
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~ONING BC~RD OF Al;JUSTM8NT
CHURCH OF'CODL.Ecv.B.M.A!?££!i
Chairman !"yette olltlined thi:;as foUow;,;:'fhe Zoning Board granterl a varIanoe
for a mobile church ta b.,placed off Hinesburg ROiLd at the intersectIon of
Kennedy l;ri vel and had asked that they came bacK 1n a year sO tha,t the Board
1Iould have a chance to review what had been happening during the year.
l~r.Wal:d then explained that when the variance was granted,the church was t.o
have put,In a sewer system.Rev.Charles Lod;"oo<1 came in to g"t a pel'roi t and
he thought the church would be se"vieN by itself.Nothing was done,and Hr.
Ward sal,l h~would request that it be done thls ti.me for sure.H~'$tatcd Rev.
Abbott h,unf""l\i.Har wlth the Whole thi.ng and is not to blame.The church had
been using th.,facl.lttie"of the neighborlng·hOUse and the hOllse septic system
simply O'<nnot tak",Lhat much load.
The Chairman asked Mr.Abbott if they had asked for a one year varlan~'\)with
the,lntentiun of eOllstrueting ..permanent chul:ch.
[lev.Abbott explai.ned the 20ning Board granted a use variance and the City
Council overturne<l l t,but followl.ng an appeal to the Council they granted a
new permit and it "'<lS hl(.;understanding that It was for two years,endIng i.n
"'eb.roan Or "larch,1975.and that he had iustmcted Mr.Lockllood to ei.ther
instaU a septic system,Or to get proiees and find out what would be the most
feasible arrangement.It was then that Mr.Abbott 'became aware tnat they were
opera-Ung ';0 Ii one-yi'4r i.nstea.d of a two-year permi t.
He "dded that they ar",now possibly lnterest",d in p'~rchaatng another piece of
property dON1l the Hlnesburg Road several mnes.
Hr.Wt<rd ""1.d he had researched the Mlnute"and the Zoning Board approved the
variance Feb~uary 7th.Testimony before Council was different from IIhat 1 t was
b"for"the Zoning Board.Council did say tllo years,but only because 1t seemed
that the Zonlng BOard had said two yoors.They should have been back here in
F"bluary.but the whole thing had sUpped by until they cam",in to find out
what tho)'shou1d do about the sewer system.
Hr.Abbott 5a1d he Wl;\,.not at the o"l:i.gi.nal meetings,but wanted to do anything
that n""ds to be done,and would hope to have another year to conl,lumate their
pl.an(~"
i1r.Ward said the church has very :few people and has not used the fa<:llitles in
the summer months.H'"Iiould estimate for Gewer,septi.c tank and leach 11.nes,an.
expense of around $500.
Tho only other problem dlscussed a year ago was the t:.:afflc problem,and this
has been no problem ,,1 til so 11 ttl"use of the chun:h.
Mr.Ward cmphashed tha't no building In the whole cUy i.s supposed to be wUhout
a sewer syst.em,,<nd h",had been led to b",Ueve ther'"would be one put in here.
They should agree to do this before getting an extension of time.
Rev,.Abbott r<'Jl\tnded the Board they had granted the variance based on the old
setbad,requirements and the Council had turned.it down based on the new re-
q'l,drements.
Hr.Sylvester said the condHions of the gZ'!lnted ""rlanee shouln be considered;
that the BOI.rd had Jl\Ij.de it v",ry eleaill In the past that it would not gmnt an
extension of the~arianee unle""certai.n thl.llgs were compll.ed wI tho If in fact
tho se"er had been complied with.he "auld still be eoncern",d about grdnting an
extension;that what the church wlshed to do oould sHU be don",In the allotted
Ume.The J3oa:rd r;hould consi.der the J'a,nificati.<)n~,of contillUal1y granting
extensions.
•
ZONING BOARD OF ADJUSTMENT
~'ll OF GODtlGOl'l'rlNUED)
Mr.Reed said he.personally ••muld like to the matter tsbled.
Hev.Abbott said he did not intend to ask for an extension.
4.
SEPTEMBER 9.1972
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Mr.Sylvester moved to continue the variance until the time limit eet up by the
CitX Gouncil.Parch 5.1975.with the agreement that a septic system be set up
and approv~
Seconded by Mr.Martineau.
Voted by voice vote for approval:J affirmative votas;Chairman.abostained.
APPEAL OF THOMAS R"'lD
Appeal of '['holna"V.Reid seeking a variance from f;ection 6.00,Permitted Uses
of the South Burlington 7,oning Reeulations.Request is for pe:rmiGsion to convert
a "Jingle family dwelling into a Busineas Retail Use (such as offices Or a retail
business)at 321 Dorset Street.
Hr.War<i $aid the'area 1s presently 'l'oned R-4 Di"trict.R~sidentLl1 use.and
only residential,is perm:l tted in that area.Lot has 70 foot frontag"and
contain:;approx:lma telJV 8,520 "quare feet;1s oocupied by a dwelling unit con-
tainIng 864 square feet and a ,;mall detached garage.Mr.Reid is proposing
sam"~;ort of bu"ineeG use,office,beauty parlor.etc.This does not require
CHy Council'S Ganet.ion.
A Idter from Hr.Reid wa.;read expla,inlng his request.
Mr.Rel d then stated he had just gotten rid of a tenant who had st.'''yed ten
months without.paying any rent;that.the neighbors would be bettor of with a
budn~ss there than lk'wing tenant"with a ),arge family.MI'.Held als')dated
he had thought the lot was commercial when he bought the property,
Mr.,lard s"l,l the Property abut..the brook,which is the dividing line.
Olalrman Hyett"felt it would be difif1cult to permit a vadanc"without kno>l-
ing what th",us",would be.Mr.Reid :;;aid he doesn't have a proq'ect yet.
The Chairman sUBe;ested tabling :It.Mr.Sylv""t"r Sllid he would rath,,~reject
thl>;particular appeal.
Mr.Martineau "'Jggested that Mr ••ard show Mr.ReId some of the uses that
would be J"-'l-'ml tted as "onditional use>;_medIcal.or rlental,for instance.
Cha\Imtln Maher of th",Planning Commis"ion "aid anything commercial.would have
p&rl,:lng sp...ee""as well aG a buffer lIone for the re,,!,dential neighborhood.
O1aiI'man !':yoite commented that dimensional requirement"might prevent doing
anything wIth it.
J~r,;.~aher "'''ked if it was being assumed that the bunding could not be rehab-
llitat,rl;It is a good location;if it were in good condition and th.,proper
contl~ct written up,it could be rented to people who would take care of it.
It Is now zOn;;d and taxed for residential property.
111'.He,;sler,a neIghbor,said he could testify as to th".pall ty of the tenants
111.'.Reid has had;and he felt the concern :,hpuld be for the character of the
neighbod,ood.He wwld be against uslne the property for a motorcycle shop,or
a fUling station,or a McDonald,;.
•
•
ZCNINUOARD OF ADJUSTMENT
APPICAL OF THOl'AS REID,(CQ!!!INUED)
The u<;"for a docto("s <n-d,mtal cllnic had been suggest",d.
Chairman ~~ydte saId the }loard hall the clear authlJd ty to inquire about the
economics :if a hiirdship is involved;also this was a struet considered to have
been accepted in the mInds of a lot of people as one that should have been zoned
commerclal all the way down.
The Boal'd voted unJl.nlmously}o deny the request of Thom~d.
il.ITIJ,L OF'STUAR'l'lH~
Appeal of ~;tuart D.Ireland "eeklng a variance from Section 8.10,Conditional use
of the South Burlington Zoning Regulatlons.Request 1.s fur per",i$!llon to construct
a storage buHd1.ng and office <lrea contain1.ng 10,9.0 ~quare feet,"1,,Lot No.9,
Cr""n Mountain Drive.
Mr.Wal~~a1.d the area iszoneq B.P.D.District.
Under Se,:tioll 8.10,80ndi Uonal Uses,a stor"'ge buIlding or warehou:;;e is a con-
dItional use.An office section 11;an allowable use.The total building area
Pl'oposed would be 10.540 "quare feet.Location is on Lot 119 of the Na.tlorwl Life
sUhll.vision.on Green Mountain Drive.
The property 1.s abutted on the east by the Hortic.'ulture FaTll.to tlw ,;outh by the
dirt rood,nOli blacktoppEod,to th"north by another lot,vacant at present,and
acl'OSS the street it 1.8 expected there w11l be a re"taur"mt.Locat.ion of the
pn;:perty was Indicated by Mr.WaN on the dmwing •
Chairman Maber of the Planning Commission :;aid when the Planning Commi,;siou gave
approval,it was a condition of a.pproval that purposes of that particular ~ub
diVision be 'laid out..It was one of the empty area,pl>tnnt,d dIstricts IIhich was
way off f,..cm every thing;the uses were decided at that time for tha t distri ct.
The CU'lInl,ssioll approved the lot as laid out.
Mr.'~ard said the Plann1ng Commis~10n 'S also responsible .fOl'the l'onillg ot'diMnc".
If the ",rea was ",Ull a planned d1.strict,the cOndi Hons wO\lld apply,but in the
zontng l the5f;.~use::;ar,e now a)lo.d ..
~;rs.Hatler asked Mr.Ward if he Was tell1ng her ttl"t new dimensi [mal requirements
.10 not apDly.
Hr.\lard s,lld the \<onin8 o.clinance area ted non-confut'nt1.ng lots but a seoti on in
the ordillance anows for exh;ting lots,
Ch&1.1~all ~y"tte said he would probably agree with Mr.Ward's interpreatioo.that
or":,,yuu e>;tabHsh deflni ttv..USes for that property.then they woul:!naturally
comply tu the new ordinance.
11r.;3ylvet:ter agreed --unless there is a saving clause in there that would
indicatE'that conditIons attached to other districts by the Planrdllf!ConlJn1ssioll
the .new Ordinance when it was passed 1I0uld llupersede that.and any condi t1.ons
""ulll have to comply and be followed.Th"Board has to follow the zoning ord1mmce
and if it says we can allow c.n'tain condltl.onal uses,the Board has to do .1t.
The 30ard call·t say."No.we are going to turn this down because the Planr.ing
C:ommIsdon und"'l'the old ordill'>ncc attached stipulatlons t,)1t."
Vys.r-!aher ~;aid these lot~,do not confortn~
)i!r.Sylvester sui ,1 there if>lIothing ~;1\ylng that th<Jf>e old refrLricticmco ;\y"in
effeet.He f"l t tb"Board ha:;to elther grunt Or deny under the new onU nance.
f>'ir~i'll 1J1nher .stu ted "the PlulU'l1.ng ComJIl,ls~~>1{)n hact spent ~;ountleE$and cIJun'tlt:ss houl.'s
on thh;deve]0polen t.
Mr.Sylvester ,,;dd it wa:;;not taken into con"ideration to protect all the time
and effort the 1']aniling CommisslDn put into this.He added that he was not speak-
j,ng in his Gapact ty ""counselor,bu t in his capac!ty as Board member.
•
ZONING .DCA 1m OF AD,JU31J:l§!IT.
APPE:AL OF ~;rUAP.T lllEUliQ.J..rxmTlNUEDL
SEPTEMBER 9,1974
•
MI'.)Jiggle then made n prer;entation to the Board of the propos",d plan for Lot 119.
B",;ind:k,,,ted the main entranc"on Green 110untain Drive.It is Il stipulaHon of
th"1'1,:"'n1ng Commisdoll that the right of way.currently dirt,w111 be extinguished
after th!'new jug handl!'"om",,,intQp1.ay ill the front.Will have olunidjJal
"ewer and "ater.Underground el<lctricul ''''l'vices wil]b"unde:r th"roa.<Jway.The
Ci ty h;;,s a~cepted th~road as a "econdnry streGt.
Mr.Diggl<e "a'id ih"proposal'is for a bunding matedal supply !'stablir;hmlmi.both
wholesa]e and retail.Plan h,for a structural "tee]building,wi th ufn cc space
attached or.the westerly ,;ide;also an uubid",storage material area,having a
bour,dal'Y wood fence nl.ne r",ct high.2,om<l stone plllars and other treatments of
the :"ront to break it up.(\Ibide "to'-<1ge only fOr stordge of material that can
be rca':lHy concealed in the area.He stated th",y have not yet gone to th"Planning
Comm:h·~Blo,n .for ~.ltlt::plan ).~evi.ew.
lh"liU.l1'''«''now ie;to get a conditional usc for >;a]e of bunding ,1ll3tl'r'i.ahl and the
outsIde storege.
Hr.Irel1'nd "xplai.ncd he h"",,picked up em1 ershi.p"for a numbel:of buil(!ing
su1'pHes and he wants to expand and service othel:builders.fle has a f",w Un":,,to
can'y.has ten distributorships ror the date,"",11s t.o 18 lumbelyard"in the
s\.;;t.el gi,ves him .,bett,,'.,source fO,r buying dil~ect.He intelld::;to store equipment
in the building "nd would like to .keep his operation inside.
The Chairman ask~>d about reta 11 train c.
Mr.lrdand said he ilould Uke to k",,1'it open for both wholesale and retall.
"tne"it i (,peo'mi t ted for both.
Hr.Digg1e said H I<ould be primarily "holesale.but serving othe.r people also.
There would be 1,000 reet for display room purposes and 500 feet of office space.
More of a builder's supply type of display,building materials,kitchen cabinets.
etc.
Mr.Reed.asked if the ,~rea was cwned p,t'operly.
l'r.Wal'd "aid it should have been zoned as bU!liness,with t.he conditional use id"a
to have a pUblic hearing.
Mr.Heed a$kcd.l.f this i.s permitted.
~r.'<lard.r;ald he djdn't know anything about sale or building materIal".The point
of cond1tl.onal m,e is to have a pUblic;hearing.
The ChairmHn 53id the conditional use section is to look at certain use"within
a p!'rmitted use di"trict.BPD allows all these things;the Planning Commissior:
sa.i,j go to the Zoning lJoard for certain t.hings.Different criteria than would
normally be used for a U<H'variance.
Mr.l".art1neau said he had expeded to hear about.th"storage bunding.!{","sked
how it war;proposed to di1:<lct peopl e to the place of budness.
Mr.Trela"d <;ai<1 they would use ..mall letter.,on the stOll"work.He expla.ine<!a
]ot of the "",tedal 'being sold they never eV<'>l1 see;they just drop~sh1p it and 1.t
is delivered to th~,C\,,,,tomel'wherever the job is.
Hr.Ireland th"t>described th"offie"'ure at;wood.natural stain~'<l hemlock.
Boof to be e:\.ther mansar<l or gabl,,;he feels mansard roofs t.o be over~done in this
area.8tonc work in front of the frame building.a sort of crushed st01\e.Will
have casement windows.
•
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•
S~~EMBER 9,1974
APF~AL OF 5TlART rNEh~ND,(cONTI~l
Ghai1:l1l11n Maher then asked what situatioll the City wO\lld be in if the City Attorney
'Ohould agre(;that the approval granted by the Planning COIr.mIssion whIch limIted
th"uses should apply,but if approval is already granted by the Zoning Board ~~
what would the "i tu"tion be?
Nr,Sylvester said if Uw City i\,ttorney ""',}'s we "huuldn't be acHng on it,and
the BOard doel:act.hi"position would be to bring an injuncti<m process against
Mr.Ireland.If the Board didn't act upon it,Mr.Irel'lnd could x-etain legal
counsel and a ct on :l t.
Chail'lllall Maher s"id the Planning COmlllissi On wants to have a fiI.'st 15m,]e devt'lop-
mentill
Mr.Ward saId the Commi:l~ion ale;o invited InterMtional Harvester on the lot
next door.They are wol"king on that for 11 acre$for International Ha.rv""ter.
Mr.Sylvester said beforll the Board can grant th:\.a conditional USe.it has to
t",ke into <~on::;lderation Sections 1).101 through .105 --1).101 and .105 apecifiea.l1y
since it It;the first one up there.The Board must make a judgment and decide
accordingly.Tt,e Board has to find there is compliance wi th each section.
Chairman Myette said that under 13.104 there 1s a section that .relates specHically
to by~la>ls and restricting covenant",.He asked if the Board require that Natiolli\1
Lifo nIl'"O"eMnts to make su.re that these be complied with,covenants would have
assured perpetuity.He added the Board does not have the lat:\.tude the pta.nning
Commission dOeSI the Board is subject to being hauled into court at the drop of a
hat.The Board doesn't have the discret:lonary po"ers the Planning 00m!llission has;
th"Boon':!has t.o follow the letter of the zoning ordinance the Pl,mning cOlllmission
wrote for it.
Mr.1Jiggle said they do have a use which Is fitting for the area lln(\au,;e lfhidl
is practical and fits in with the needs of the 0ity.
Mr.Sylvester asked ho"many lots in the 6ubdivision.
Mr,Diggle rep.l1oo 17 lots off Shelburne .fload.with one.perhaps two ()oming in
from Spear street.
N:c.Sylvester a~:!':ed if this was the first lot.
Mr.Ward said Willie Bacin"and caesar's Restaurant "auld be across the str.."t.
t':r6.l'ahel:said this lot i.a up on the rid!>e --a very scenIc an",.
Mr.Syl vester "'sked who ''''1'"the agent>;for ma.rk ..Ung,and Mr.Diggle rapli cd tlla t
HIckok and Boardman are the marketing agents.Webst"r~Martin has CQme in f"r some
plannIng.
"~r.Sylve5ter a~;ked if they were under contract to National Life.~:r.Ngg1e said
NatIonal Life has entered Into a contract with MI'.Ireland subject,subject to his
proeeed:lng on this track;there w.,re no objections.Five other lots aJ:e 'wId
which have not been developed.One or the stipulations 1"that they conf",.".to
the ~olling o:f the City and an arehi teetural rev1"w commH tee.The "nviI'om,,,mta1
cl"",;e Insist(;that Na.Uonal I:'Lfe haloell.n architectural revie"commltt",,,.
It",;aid the procedure wc_ll be to go through the City to get s1 te plan apptoved.
Mr.Sylve~ter as.ed when the archltectural revl"w committee comes into play.
Hr.DiC;gl"answered that it would be prior to c>oniltruct.ion of the buHding.1'wo
m"mbe.t"s or Nat:tomd.Ltfe,the Vlce Pn",,:.dent and the Chief Coun:sel,and Mr.GurU"
fr<Jm Hickok and Boardman's office "o\lld :revi"w it.D:to.tr1ct appruval i,;not needed
b",muse it in an 3pprtlVe£j,"ubdivisian.
•
•
ZONING BOARD OF MJJUS'l'MEN'!'.
,IPfE,IL OF'S'l'UA lIT I f!!:!:~ND I (CONTINUED1
Mr.Sylvester asked if this committee could reject the USe as well as the design.
Mr.Diggle replied they have agreed to the uSe condition if it is agreealJlll to
the Oi ty.They have not seen definitive plans and will not until th\!plans go
through site review.There are nt,uSe covenants.They will comply w1th the City
zoning regulations.
Cl:mirm""11yeth said he mad"it a matter of personal policy after the passage of
the new ord!~,nce that he did not intend to make a decision on the first pre-
sentatlon,or.a conditional Use variance particularly.on a building of thh iIlagni~
tude.He said he would Uk<,to go down and visit the 81 teo
Mr.Reed said he felt there were sOme unanswered que,stions.
The Chairman Gugge"ted sUpul"ting them and have answers for the next meeting.
Mr.Ward was asked to check with "11'.Spokes and find out whether or not the
previous dipulat1om;under the old district would apply --there might be a
"gL'andfather clause"the Board is !lot aware of.
Mr.Diggle sald wholesale and retail and o;\,milar things were approved w1th the
condi tion that the use be reviewed with the Planning COllU1lission.back In the
Planned District.WhOlesale was defini tilly one of them.
Mr.Sylvest"r said his only thought was that what legal question there hi may be
academ1.,:1.f the stipulation of the Planning COlnmission would allow thi(;type of
operation in the first instance.
Chairman Mah,n""ald she didn't think the GOl\llllissIon lIould have seen outside storage
in a high quality development.
Mr.Diggl"repUed there would be a nine-foot fence around whatever area 1.s being
used for outs1de storage.
Mrs.Maher ,mid they had tried to oonsider total uses for the development.
Mr.Ward ,~""d:automobile sales and services,certain Hnds of wholesale busi-
ne"ses,;;arehouses with Planning CommIsoion appt'oval --a"u"e"that Planning
COI.misslon allowed.
Mr.Wa.t~l felt that if Planning Commission use"are «onditional.th"y don't have to
come back to thi$Board.
Mrs.Maher >laid the Commis51on wanted to ke'lP this p.u·t1cular development.under
the control of the Planning CO'lI&i"sion ~-any exoept.Ions given iShould be given by
the Planning Orn.mission.
Mr.Sylvester said he felt the Planning Comm1uion is trying to take away the
jurisdiction of the Zoning Board.
Mr.Myette sat,l he had no further question himself.
Mr.Sy1 ve"ter said it W"8 a question of personal judglllent whether or not it 1s
adverse to the aret••
Mr.Heed moved 12....!!!Ble this appeal until the 23m of S"pte~
Seconded by Mr.Sylvester:and voted unan1.mously.
Minutes of AUKUst 5,1974
Mr.Martineau moved to accept.the Minutes of August 5,19741 seconded by Mr.R~ed.
Voted unanimously to accept the Minutes of August 5th.
•Mr.V.artlneau then moved that the meeting be adjourned!"eo<.>nded by Mr.Sylvester.
MeetIng declared adjourned at 7115 p.m....,..-)"'7
i ..·::/'·~;e'k-b7;;:1~:""{
Clerk
•
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•
STA'I'E OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Thomas V.Heid of Shelburne,Vermont for
property at 321 Dorset Street
On the 9th day of September 1974,th"South Burlington Zoning
BOard of'Adjustment denied a vad.ance for Mr.1'rlOmas V.Reid
of Sh"lburne,Vermont based on the following facts:
1)Does not meet criteria for granting a variance.
2)Property has been rented as a dwellinF:since owned
by Mr.Heid.
3)No specific use applied for.
ZONING BOARD OF ADJUSTMENT
•
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findinl;s of Fact
Re:Appeal of Clark 'It!.Hinsdale,,Jr.for Arthur's,Inc.
On the 9th day of September 1974 the South Burlington Zoning
Board of Adjustment granted a variance to Mr.Clark W.
Hinsdale of Charlotte,Vermont based on the following facts:
1)Hardship involved,a 50%landscaped area would
allow no use of the land.
2)Land purchased from the City with the intended
Use for a N1.rking lot •
3)Variance granted 1s minimum,
relief.
ZONING BOARD OF ADJUSTMENT
•
•
•
The South Burlington Zoning Board of Mjm;tment held a pub11.c hearing on
Monday,September 9,1971"in ~he Cor;ference Room,Municipal Offic,,",11.75
,,1111 don houd.
MEHllEftS PHESFR!:.
Hlchard Myette,Chairman;Robert MartIneau,,1,Everett Reed.Alan Sy1.vester
MEMJJEj,S AH~
Frederlc:k Fayette,Jr.
Hichard Ward,Zoning AdminIstrator;,Jack Tabaka,JIm tlUson,Charles lJiggle.
t,rthur lIe,,,;ler,t'.ary B"'rbara l'.aheJ',Clark W.1I1nsdale,Rev.E.M.lIbbott,
Bob Fu1~'Y II ThQma~Reid I G.Happer
The meeting was <'.aHed to order by ChaiTJnan Myette at 5,05 p.m.
~J,OF'C1bpKJiINSlJALF.FOft lIHT!ill1lli..~
Thb nlCluest fOl:"1/adance had been tabled at the August 5th hearing.The request
l.s for both lot coverage variance and buffer zone variance for the proposed lower
level p"rkintj acrea for Arthur's,Inc,to allow enough parkl.ng spacell to conform to
the d",;1l'"d ","HUng capac!ty of their Lounge.
rl,r.Ward ~,ald there h'd been d.te plan revI"w on two different oGcasions.wl.th
",,,n,,qu""thm about delineating the parkIng spaces and the use of crushed stOlle
in the d,rive~ay'.
~'r.Ward explained the lot was the holding station for the SllW.,~·line ({lid MI".
Hinsdale negotiated w1.th the CHy for the purchase of thl.s lot for ttl"purpose
of increasing the parking lot.Arthur,'s is open under the cond1.tlonal permit of
'I 25-car lot on the upper level.He presented a sketch eetting off approximately
2R car spaces,without a continuou(;15 foot buffer strip and no other land,';ctlpi.ng.
He Baid the location of the driveway was proposed by Mr.S~ymanski,recugnizlng
that th",r"Nust btl two openings for tr"ffie flow,Ml:".Hinsdale hopes t.o control
the entrr<nce b,Y the lise of bumpers and ehalns.A,;ked about the utUlty pole,Mr,
Ward sald the guys would have to be moved but not the pole .itself,in u.rder to
wIden the drl ve",ay.
Asked by th.,Chairman Why he needed to cut into the buffer strip to p:Nvid"more
parking epa".,,,,Hr.Hinl;dal e explained in order to ha va the number of chairs to
provide a goi ng b'lt,inesl;.there is a requirement for a certain number of parking
spaces to be provided.
Questioned about hl.s responsibili t.y to check on the number of chairs flO\;in
Lounge,Mr,Hinsdale said accurding to the lea',e Arthur's will ope.r-,J.te legally,
and he did not feel it to be his responsibllity to sec that there are no more
than ther"shQuld bu.
H""aid he agreed to gravel the lot,but because he fel t gravel did not provide
a sufficiently hard surface he went 'beyond his obligatton and put in the "white
stuff III tl
Chairman J>l,'lher of the Planning Commission said in her opinion there was a hard-
ship situation for the use n",proposed and actually in operation,and that the
hardshl p WI>"ereattd by thu City Council "'hi"h sold the land to Mr.Hinsdale.
•SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT MEETING----AUGUST 5,1974
•
The South Burlington Zoning Board of Adjustment held a pUblic
hearing at the South Burlington city Hall,Conference Room,1175
Williston Road,South Burlington,Vermont,on Monday,August 5,1974,
a.t 5:00 P.M.Chairman Richard A.Myette called the meeting to order.
MEMBERS PRESENT
Chairman Richard A.Myette,Robert M.Martineau and J.Everett Reed
MEMBERS ABSENT
Frederick J.Fayette,Jr.and Alan F.Sylvester
OTHERS PRESENT
Zoning Administrator Richard Ward and Mr.and Mrs.Erwin Valgoi
APPEAL #1 CHITTENDEN TRUST COMPANY
Chairman Myette stated that he had received a letter from Attorney
Roesler of Dinse,Allen &Erdmann,dated July 29,1974 withdrawing
this request for a variance.He then read"the letter a~follOWS:
"I have recently consulted with the Chittenden in order to
prepare a case for the above-captioned appeal.They
informed me that Avicon Corporation is no longer interested
in leasing the property on Dorset Street.Therefore,we
are at this time withdrawing our request for a determina-
tion of this to the question of a pre-existing use and also
are requesting in the alternative,for a variance.
As soon as a definite lessee is signed,we shall renew our
request."
Because of the above withdrawal nO action was taken on Appeal #1.
APPEAL #2 ERWIN &ERICA VALGO!
Appeal of Erwin and Erica Va1goi seeking a variance from section
13.67,Swimming pools,of the South Burlington Zoning Regulations.
Request is for permission to construct a 13'X 2\1'swimming pool to
within forty-five (45)feet of the required front yard,at the Swiss
Host Motel and Village,1272 Williston Road.
Mr.Ward announced that this property is in BR District,and that
Section 13.67 of the regulations prohibits construction of a swimming
pool in a required front yard.
There was a short discussion initiated by Chairman Myette on the
fact that the regulations make no provisions in regard to the installation
of commercial swimming pools.
Mr.Valgoi presented a sketch of the proposed swimming pool as
it would be constructed on his property,saying it would not be exposed,
would have a chain link fence around it,and that he would not want to
put in a swimming pool unless it looked nice.He pointed out that his
main reason for requesting a variance in order to have a sWimming pool
was to have it for family use more than for commercial use.He answered
questions from the Board on the size of his lot,the amount of set-back
from Williston Road and from White Street and the location of the motel
buildings on the lot.
•ZONING BOARD OF ADJUSTMENT MEETING-AUGUST 5,1974
•
After a short discussion Chairman Myette said he had no serious
concern in regard to the granting of this variance.
The Board then voted unanimously by ballot to approve the request.
Chairman Myette told Mr.Valgoi that he could obtain a building
permit from Zoning Administrator Ward the following morning and
emphasized that Mr.Valgoi abide by all the safety measures required
for swinuningpools.Mr.valgoi said that he would.
APPEAL #3,CLARK W.HINSDALE,JR.
Appeal of Clark W.Hinsdale,Jr.,seeking a variance from Section
11.702,Front Yard Buffer,of the South Burlington Zoning Regulations.
Request is for permission to set off a parking area of twenty-eight (28)
spaces,with a buffer of less than 15 feet,at Arthurs,!nc.,733 Queen
City Park Road.
Noting that Mr.Hinsdale was not present to speak in behalf of his
appeal M~.Myette read the following:
Procedures of september,1971,Section 12:
"At the discretion of the Board,when an applicant does not
appear,after being duly warned,it may proceed to hear the
application and may vote thereon or take other action as
it deems advisable,any such action to have the same force
and effect as if the applicant did appear."
After a short discussion
consideration of the afpeal.
passed unanimously.
Mr.Martineau made a motion to table
Mr.Reed seconded the motion which
READING OF THE MINUTES OF JULY 15,1974
Mr.Reed made a motion to ap~rove the minutes of the meeting of
July 15,1974.Mr.Martineau seconded the motion Which passed
unanimously.'
Mr.Martineau moved
seconded by Mr.Reed and
toad~ourn the meeting at 5:50 P.M.Motion
passeu~fmously.'
APprove~''~
~iett Reed,Clerk
,
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Swiss Host Motel &Village,Mr.Erwin Valgol
On the 5th day of August 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Mr.Erwin Valgol,
of 1272 '~JilliBton Road,South Burlington,Vermont based on
the following factsl
1)Unique size and shape to lot would prevent
placement of pool in any other location.
2)Reasonable use of property •
3)Does not alter the character
Ch __~~r'.
ZONING BOARD OF ADJUSTMENT
The South Burlington Zoning Board of Adjustment held a public hearing in the
Conference Room,Municipal Offices,1175 WHliston Road,on Monday,July 15,
1974,at 5100 p.m.•ZONING BOARD OF ADJUSTMENT
MEMBERS PRESF.NT
JULY 15,1274
Richard Myette.Chaiman,~'rederick Fayette,Jr.,Robert Martineau,J.E:verett
Reed and Alan Sylvester
None
OTHli,lIS PRESENT
Richard Ward.;;oning Administrator;B.T.Brault.Joseph E.h'ank
The meeting lias ~11ed to order by the Chaiman at 5,05 p.m.
Minutes of June 17.1974
It Os noted that on page 4,paragraph 5.line 4.the word industrial should be
changed to COMmercial in reference to the buffer zone.
Mr.Reed moved that the Minutes of June 17.1974.be accepted as corrected.
Seconded by Robert Martineau and voted unanimously for approval.
•APl'EAL OF CRElliN MOUNTAIN POWER OOm:OAATIQN
Appeal of Creen Mountain POller Corporation seeking a variance from Section 1).00.
Non-conforming Use3 snd structures of the South Burlington Zoning Regulations.
Request i6 for permission to construct an addition behind the eXisting SUbstation
on tha Bouth side of Que"n City ParI<Road.Alternatively to a variance,applicant
seeks a determination that zoning regulation is limited under 24 VSA section
4409(a)or that state regulation pre-eapts under 24 VSA section 4409(b).
Mr.I/aro explained the area is zoned B.P.D.District.The present structure,
substation #)2,located on Queen Oi ty park Road,haa a fair market value of
$88,100.The proposed sddition is estimated to cost $164,000,~hich is in excess
of the 25%allowed.The proposed addition would be Green Mountain's portion of
Velco's proposed Queen City Tap.The present structure is a non-conforming use
because it is si tua ted in a B.P.D.D15trict.It lIou1d be a permitted use in a
residential area or a conditional use in an industrial area or a flood plain area,
Mr.Wsrd then displayed a drawing of the proposed addition,saying the plan had
been submitted on April 30th and received the Planning Commission's site plan
approval subject to additional landscaping -~there are some landscaping details
that Green Mountain Power will be stUdying further.
Mr.Reed asked if the addition would run down on the bank and was told "by Mr.
Brault that it would still be on the flats.
Attorney JOGeph J'"rank stated he is representing Green Mountain POller in this
particular lllatter and o;aid there is definite need to expand the present sub-
station to receive the aduitional feed of pOller from the adjoining Vel.co sub-station.
JULY 15,1974ZO@.!!S...BOAliD OF ADJUSTMENT
•,~.TI..tCAL OF GREEN MOUNTAIN POWh:R CORPORATION (CONTINUED)
Attorne~Rfu the proposed addition is to be at the rear of the existing
facIlity'betlleen the railroad track and the Champlain Water DIstrict facUlty.
This loea tion is much more prdctical than a district where it 1I0uld be a con-
di tiona]or permitted use.The nearest flood plain is too far allay for COll5 id-
eration;the nearest industrial area isn't near enough either.To go to the B-1
area on the other side of the brook and railroad track 1I0uld involve tremendous
additional cost and 1I0uld be much less satisfactory aesthetically beCBu"e of the
extra transmission lineo;;back and forth.
1'1'.Frank said that eventually the facility nearest the road will be removed.
In terms of HabEi ty,costB,a.nd aeathetics,he felt thia would be a vast im-
provement in the long run.and an innocuous one in the short ron future.
•
Mr.Brault,a Green Mountain Power Corporation engineer,etated that to locate
the sub-station in the R-l zone would entail a great deal of unwarl~nted expense
and a ll\uch 1e"s ea.ti"factory electric system and have en adverse effect on the
environment of the area.It would be necessary to acquire additional right,;of
way on both sides of the tracks.Would mean purchasing a one-acre eub~station
sIte,also the GOllS property near Queen City Park.The new sub-station is being
planned in conjunction with the Velco facilt ty and relo<,,ating could Jeopardize
the !1;ource of this pOwer,The present location would mean a "btl<>"of only
hundreds of feet rather than thousands of feet.
Mr.Brllul t then explaint>d the purpose of the new faoi11 ty is to be able to
accetot a new connection lIith the Velco which lIill allow up to 30,000 kva's
off the tap of the Middlebury line between Middlebury and Essex.The tratu'-
formers for this lIill be in the Vdco yard and they will.supply the power to
Green Mountain.The Ilell struoture will merely tie all these Hnes together
IlIld provide protection for each one.Much of the 1II0ney is for equipment,
Will have three or four larg"circuit breakers,plus one at Veloo IIhich they
will olin.These breakers will provide a much "eater degree of protectlon to
the lines than exists now.
Mr.Bnult said the long-range plan is to up-grade from 4,000 Volts to 12',000
'Iolts the entire South Burlington area fed by thl$station by the early 80's.
lit that point they would install a new transformer in front of this sub-statton,
The entir\'!wood structure (built with poles)that 1s vtdble Would be removed,
The immediate goal is to dreas up the area a bit by planting rt>d pines ift a
random pattern suggested by the landscape consultant.After looklngatthe
plan,the Planning CO/lllllission haa suggested more trees.He said they have now
agreed to attempt to plant some trees along the frontage of the existing
station if possible although it lI8.ybe a little difficult to aqueeze in trees.
There is no way to screen the existing building but Mr.Boyle feels that lIbat-
ever they can put in will help It 11 ttle bit.once the station is out of there,
th"area opens up to a gl'assed area and adding trees 1I0uld eOllplete the final
substat1(ln cover-up in back.
Mr.Martineau asked why they could not tie in to the existing structure.Mr.
B:mult said there is not enough space to bree.k up these lines and put indivi,dual
drcll!t breakers Oil each out-gOing tranSlllisaion line.There is one breaker nOli
facing Vergennes but none facing the city line going toward Burlington,There
have been quite a few outages on the lines.The breakers would keep thiB a bit
more confined,with a fewer number of stations affected.
Not ollly 1:3 there II lack of space for this at the present lItation,but this
station has to be kept going to provide the service to the city,In order to
do such ~ork,the service would have to be killed,Their aobile stAtion could
not handle the necessary service except fOr a short period.Therefore it would
be moat i~practical.
•
ZONING BOARD OF ADJUST~
APPEAL OF'GREEN MOUNTAIN POIIER CORPORATION (CONTINUED)
~LY 15,1974
•
Attorney ,'rank stated they had just received the findings and cert.iflcate of
the Public Service Board authori~ing this proposed facility.A hearing was held
on JUly 2nd.Terry Boyle,landscape architect,was at the hearing.1he pro-
posal was scrutinized and the hearing exallliner subJftitted his findings to the
Boord and approval was received from the Board.Mr.Frank gave a copy of the
approval to Chairman Myette.
ChairMan Myette asked if tne proposed addition would increase the efficiency of
Green Mountain POWer's operation.
Mr.Brault replied it would be basically a eecond source of power;would increase
the reliability by 100%,The nil'll station is required to get the 50,000 i.nto the
system at this point.The City of Burlington has a connection plant on thie
line and they will have a separate 50,000 going into their system froa the Vel co
facility.
Al'lked how long he thOUght this 50,000 be.!s could prOVide sufficient capacity,
Mr,Brault thought there wouldn't be any need for morll at this lOI:ation for at
last tiva or ten Ylllll.rll.There ill a sch..e to double thi..in the future,but
at a very indefinite date•
Mr.Martineau aeked about starting and completion dates,if they were gOing to
wait until Vel co is all set up.
Mr.Brault said they planned on next summer,with Velco on the same schedule.
1975 w111 be the year it is coMected.
Mr.Sylvester said he felt that if there has got to be;an addition,obviou61y
that is the location for it ~-that these plants are not gl>ing to be put all
Over thll city.Ife reI t the Board did not have thll expertil<etodllc1de whether
or not the fail-safe devices are needed and whether the Cl>ftstruction is
necesearyl that they can a8sUlle it is nece!9sary and that the physicaltllant
should go ther",where the physic&l arrangeJllents are already there.
Chai:l.'lll8.n Myette sa.id he t!'lought it was an oversight in the ordinance !l:S to whet'e
these facilities are allowed to go.
Mr.Myette then asked Mr.Brault why they could not expand in Essex.
Mr.Brault'll ansller wa'S that the City of Burlington need'S the Il.dditttl!:lal capacity
for tho city load.
Mr.Martineau asl<:ed if this parti(l\11ar Iltructurll c(ll,l.ld be left out and all of
these other thing/l could still hfoppen.
Mr.Brault said tnere were IllIlny r_llon'S why they could not worl<:on the old
station.It would have to he cOMpletely rebuilt which w(ll,l.ld M.n a probl8fl of
maintatning service.Three transmission 11nea would have to be inte~pted,
The lloard voted unanimously to grant the appeal of Green Mountain Power corporation.
Followtrll';Illotion of Mr.Reed,secoMed by Mr.Martin_u,the muting was decla:red
adjourned at 6100 p._.
I ..l,...-~
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Green Mountain Power Corporation
•
•
On the l?th day of JUly 1974,the South Burlington Zoning
Board of Adjustment granted a variance to G~een Mountain
Power Corporation,of Montpelier,Vermont and Burlington,
Vermont based on the following facts:
1)Most efficient and fail safe method of increasing
power capacity.
2)Would cause unnecessary hardship if a new sub-
station were located in another zoning district.
3)Best location for this facility,due to physical
layout of surrounding area.
Does not alter character of this district,due to
location of new proposed struc:~~./
/KY~.(///c:-i!ff~--//,;r/I//?/:c~{:;(>
,.
{~_./
ZONING BOARD OF ADJUSTMENT
The south Burlington Zoning BoaX'd of Adjustment held a publ1c hearing on
Monday,June 17,1974,at 5.00 p.m.,in the Conference Room,Municipal Office
Building,1175 Williston Road.•
ZONING BOARD OF ADJUSTMENT JUNE 17,1974
,
MEMBERS PRESENTI
Richard Myette,Chairman I Robert Martineau,J,Everett Reed,Alan Sylvester
MEMBERS ABSENT
Frederick Fayette,Jr.
OTHERS PRESENT
Ted and Mary C.Iriah,B.E.Buley,Earl R.Foley,John C.Veins,Michael
Staryk,Michael Lii.u:J:eJloe.Dr.and Mrs.H.K.Farmer,GeQ:rge Devereaux,
tllarles Hubbard,R.Bouchard,Richard Nervik
The meeting was called to order by the Ghairman at 5105 p.m.
APPEAL OF JOHN AND THERESA QORSKIE
Appeal of John and Theresa Corski.seeking a var1ence from Section 11.00,
Dimensional RolquirementB of the South Burlington Zoning Regullltions.Request
is for perai8sion to construct a 47'x )0'dwelling unit with a 24'x 22'
attached g8I'llge to within twenty~f1ve (25)feet of the rllquired front yard and
to wi thin fQurteen and one-half (lit!)feet of the southe'rly side yard on lot
No.3 on a private right-of-way,Bartlett Bay Roed so-called.
Mr.Ward explained a variance was granted to the Corsldes on August 15,1973.
This section of Bartlett's Bay road is a private rosd,a septic plan had been
dnwn up by \Iebster Martin,and everytblng conformed.They went over six
months before construction was started snd when Mr.Ward Illlde an on-site in·
spection he found they had a different foundation plan what they had received
a building permit for;had also changed the plan for a gars.ge underneath and
expected to build an attached two-car garage.The foundation already in is
approximately 25 feet from the edge of the lot and on the south is about lit!
feet from Dr.Farmer's lin".Mr.Ward then preeented a copy of the plan sub-
mitted in August and a copy of the new plan,and stated the leach Unes can
bll put in sO they will not interfere with the driveway.
Michael Staryl<:>tated he is buildinp;the house;that Mr.CorsUe had received
a building permit;that he,Mr.Staryk,had made a mi!ltake in not checking
out the measurements instead of assuming that all was in order.Mr.Corskie
apparently didn't know they had to be 30 feet :from the Une.Mr.Staryk
pointed out on the drawing where the septic sYlltem would go.
!'1-r.Ward said the original plan for the house 'Was 45'x )0'and now is 47'x
30'.making a violation of 5 feet on one Ilide and one-half a foot on the other.
Mr.Staryk e~lained the Corskies had another contractor at the time the permit
was acquired.
Mr.Staryk said he hall put in the foundation but has held Qff on putting in
the elab after learning they would have tQ request a variance.He explained
they had been Very careful to balanCe the houae on the lot and to he ve it lined
up with the houses on bQth sides.
Mr.Ted Irish.stating he ltved in the area,explained that lIhen the first
camps lIere built there was no road i later when other homee were built the road
was 20 feet wide,then widened to )0 feet for winter plowing,making the houses
closer to the road by 10 feet.
•
ZONlNG BOA RD OF ADJUSTMENT
APPEAL OF JOHN AND THERESA COBSKIE (CONTINUED)
Mrs.Farmer said she lISS not complaining,but she does not feel
house would be in Une with theirs because theirs is set baok.
said he would not protest the six inch violation on their side.
JUNE 17 •..12.'Zi
the Corsk1e's
Her husband
•
Mr.Irish asked what type of house 1I0uld be built,if it would .be an A-frame.
Mr.Staryk said it would be 2t stories high.fir siding lIith pine trim and a
wooden roof.Will have a fireplll,oe chimMy out of field etone.
Chairman Myette said the Zoning Board has no control over the design of a house.
Dr,Farmer said the fence (questioned by loll',Staryk)waa there when they bought
the property I they had the property surveyed snd found the fenCIl to be on the
linel it should not be questioned.
Mr.Sylvester asked the Chairman if the house lIould be oonfo.1'llling by moving six
inches and five feet,Mr.Myette thought it could be done.He mentioned the
ambiguity of the low water mark of the lake.Mr.Sylvellter suggested that the
hardship was directly created by the owner.
The 16-foot deck was opposed by Dr.Farmer when Mr.Staryk ssid he was having
the posts put in for this,Deck to be 16 feet wide,on supports,and to go
out over the edge of the bsnI<:,He alilsured Dr.FaXlller thh would only be on
the lake 8ide;they hsd given up their plan to have it part way around the
side of the house.
Chairman Myette said the hOuse would be frollllOO tol50 lilq.ft,larger than
the one one for which a building permit was issuSll in August.Dr.J'armer
repeated he was objeoting to the width of the deck.
The Board voted unanimously to deny this request for varianoe.
APPEAL OF CO!:!tIBNt!J.gBLE CHURCH
Appeal of COllllllun1ty Bible ChurCh seeking a variance from Section 1).00,
confo:t11ling Use (Extension)of the South Burlington Zoning Regulations.
is for permission to construot a 24'x 28'addition to a present church
located at 2025 Williston Road.
Non-
Request
building
,
'.../
Mr.Ward said the area is zoned industrial,churches not allowed,and this is a
non~conforming use at present.The proposed addition of 24'x 28'is to be in
front.A variance lISS granted in 1972 for an extension to the rear which was
never oonstructed.He presented a drawing to the Board.
Dick Nervik,representing the Community Bible Church,explained that having
the addition in front is a matter of economics,the cheapest way of dOing what
they want,
JUNE 17.1924ZONINGBOARDOF·6WUSfMW
•APPEAL OF COMMUNITY BIBLE CHURCJj (CONTINUED)
Mr.Nervik stated there has been a large increase in their congregation.
The BuditoriUl1l presently hold$125,would !ike to increaee the oapacity to
ZOO I also would bave additional Sunday School space downstairs.By building
this addition out in front they could have simply dry construction,1I0uld not
interfere wHh heating.water facilities,etc.that are in the back of the
present building.
The Board voted unanimously to g:t'll.nt the .appeal.
APPEAL OF THE CqURT CLUB
Appeal of the Court Club,Charles Hubbard,seeking a variance frolll Table 1.
Off-street Parking ReqUirements of the South Burlington Zoning Regulations.
Request is for pe~ission to eet off a parking area,containing tllenty-five
(Z5)spaces IIhich is under the minimum reqUired.at the proposed Court Club,
located on Farrell Road southerly of Joy Drive.,
Chairman Myette explained the Planning Commission feels the 5)parking spaces
required under the regulation is too much parking and recollllllends a variance.
Mr.HUbbard explained the use of the facility they are building;that they
consider 25 spaces to be the lII8XilllUm needed:that they are tr:ying to preserve
as many of the trees on the property as possible and dislike the idea of
cutting trees to provide unnecellssry parking areas.He mentioned that CroEls
Court.which is across the street.has 54 spaces and there never Beems to be
More than 24 cars there at one tille.If mare parking becOJIlss necessary at
the Court Club.they will be.glad to provide it !LEI it 1I0uld bs to their ad~
vantage to do so....
Mr.Martineau asked how the area left over would be treated.Mr.Hubbard said
it would be left with as many trees'as .poell1 bledltpendington:Ule advice of the
Tree Committee;Of the City.'hked 'by Mr.Martin:eaulf this lfOuld create a hard-
ship for future parking expansion.Mr.Hubbard said it would not.He then pre·
sented a site plan drawing to the Board.
The Board voted ullll.nimoualy to approve this variance.
APPEAL DF E4RL FDLEY
,
Appeal of Eal'1 Foley aeek1ng a variance from Section 11.00,Dimensional Require-
ments of the South Burlington Zoning Regulations.Request 1s for.permission
to construct a 60'x )6'addition to within six (6)feet of the southerly side
yard.at 142 Dorset Street.
Mr.liard showed the Board a draWing of the property,saying the only problem
b the Dimensional Requirement of )0 feet for a !lids yard.Area is zoned BR
District.The proposal is to add on for storage purposes.A variance had
been granted July 7.1971.for the existing building With a 6-foot side yard.
Mr.Reed asked if this addition would just go in line with the existing
building.and liaS told it lIould.
JUNE 17.1974ZONINGBOARDOFADJUSTMENT
•APPF.4L OF EARL @LEX (CONTINUED~
Mr.Foley explained his need for Blore inside IItorageepace as partly to keep
trash inllide the Qu1lding until the trash man cOMes to pio~lt up and partly
for warehouse space formerehandlse that he receives in carload lots at a time.
The Chairman ssked ·Mr.Foley if hie·sales and service areas are 8ufficlent and
Mr.Foley said they are.
Mr.Foley a180 eaid he storee many·bicycles 1.nthtsummer,for etudents who
do.not wish to take them home and bring them back in the fall.
Mr.Myette al3ked about type of consVuction of the addition and wall told by Mr.
Foley 1.t would be exadtly·the eallle as the pre..nt building.
•
t ··.'
Mr.George Devereaux of W1lliston stated he ls the owner of the houllEl that
abuts the property (house occupied by tenant!!)and he wished to allk about the
hedge thatwae stipulated at the time the first variance was allowed.Thls
hedge has never been built.
Mr.Foley said that he had gone back 70 feet rather than 50 feet with his
building and he thought a aix foot hedge would look terrible.
Mr.Devereaux said the addition would not affect hie property.that Mrs.
Trudell owns the abutting property behind his house,but he felt hill tenants
would appreciate having a hedge for privacy as they have children.
Mr.Martineau said the original plan WIlS to have a buffer between any indus-
trial and residential property,and he thQ\lght they should establish where a
hedge IIhould begin Ilnd where it should end •
'lbe Board voted unanimously to approve the variance with a stipulation that
the appelant be required to place a hedge to the eatillfaction of the Zoning
Adllinhtrator to comply with the stipulation ln the original variance.
Mr.Ward !laid he would have to ask for a bond on this.
The Board wlllhed to have it appear in the Minuteeof this Meeting that the
Board again recollllllends reconsideration by the City Council and the Planning
C~ission of the side yard set backs for ~R and BFD districts.
The Board voted unanimously to approve the Minutes Of Meetinge for January 21,
April 15.May 6.May 20.and June 3.1974.
A motion to adjourn was IIlSde by Mr.Martineau and seconded by Mr.Sylvester.
The meeting wae declared adjournlld at 6.35 p.m.
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of John Corskie
On the 17th day of June 1974,the South Burlington Zoning
Board of Adjustment denied a variance to John Corskie,
Bartlett Bay Road,South Burlington,Vermont based on the
following facts:
•
1)
2)
3)
Does not meet requirements of paragraphs 1,2,3 and
5 of Section 446b.
Dwelling can be constructed in conformity with
zoning regulations.
Hardship created by appellant•...~/c-~:f'.i~:j·
.../.!~.J ),,{jf-.;.x...../;>•
..././1//.t;/1,./"(..,...Y.........,....."',.
ZONING BOARD OF ADJUSTMENT
•
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fects
He:Appeal of Earl Foley
On the 17th day of June 197~,the South Burlington Zoning
Board of Adjustment granted a variance to Earl Foley,142
Dorset Street,South Burlington,Vermont based on the follow-
ing facts:
1)Narrowness of lot prevents the applicant from con-
forming to a 30 foot side yard.
2)Hardship due to the fact that he needs additional
space to allow for increase in business.
•
Present bUilding
ordinance.
constructed under d:l,~ferent zoning
;//_---J _/~-_/?_--;-~~""-y...;.?_::--
/,
---"y -/'/.///1
/'"I.;--C··/'/...//,..../
Q~/a~--,
L~/
ZONING BOARD OF ADJUSTMENT
•
•
,
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Court Cluo
On the 17th day of June 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Court Club,Farrell
Road,South Burlington,Vermont based on the following facts:
1)That a parking area of 25 cars is more than necessary
to accommodate the maximum use of the building.
2)That addition space is available to allow an extention
of the parking lot should any other use occupy the
building.
3)The proposed parking area will protect existing
wooded area creating abetter landscape plan.
4)A reasonable use of property •
ZONING BOARD OF ADJUSTMENT
•
•
•
STATE OF Vl!<RMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Community Bible Church
On the 17th day of June 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Community Bible
Church,2025 Williston Road,South Burlington,Vermont based
on the following facts:
1)Alteration is necessary due to large increase in
congregation.
2)Addition is a matter of economics,due to the fact
that this proposed addition will not interfere with
heating and water facilities.
3)Large lot involved therefore the proposed addition
does not alter the general character of the surrou~ng.,i">:'/,~//"s?f---17(
;///"/0'
"
ZONING BOARD OF ADJUSTMENT
ZONING BOARD QF ADJUSTMENT JUNE 3.1974
•
t
The South Burlington Zoning lloard of Adjustment held a public hlJaring on
Monday.Junll 3.1974,at 5,00 p.m.in the Conference RooDl,Municipal Office
Building.1175 WilliGton Road.
MJimERS PRESEN!
Richard A.Myette.Chairman;Robert Martineau.Alan Sylvester
MI!2'lBERS ABSENT
Frederick Fayette.Jr ••J.Everett Reed
mHERS PRESENT
Richard Ward.Zoning Administrative Officer;R.JlI&eon McNeer.Chris
Deslauriers.Bettina Sargent.Lucien Lacharite,RogerSintard,R1charcl sprano,
Carl P.Frattini
The meeting wall called to order by the Chairmo.n at 5,05 p.m.
~WL OF RUTH B.DESLAU!Q;ERS
Appeal of ~th B.Deslauriers seeking a va;iance from Section 6.10,Con~
ditional uss -subsection 6.104 of the South Burlington Zoning Regulations •
Request is for permll1sion to board a hore8 on a portion of .the Quarry Hill
Golf Courllll,located to the rear of 340 Spear Street..
Mr.Waz,:\gave the Boaz,:\a sketch of the property which 18 the front section
of Quarry Hill.Thlll abuts the Universl:ty Farlll,is ~on·ed R~4.backed up to
Agricultural and then backed up to B-7.Is on s(luth eide of the entrance to
~rry Hill.The propo881is to fenceo!f two acres tor a horee,probably
only for summer use as there ill no structure on the property.Th18 i."
<londi tional u"e in any residential zone.
Mrs.DllsIaurlers was not at the hearing,but her daughter Chrh explained
that the horee is boaz,:\ed in Richmond right now and therOJ is no .ve.llable
place close to her.house where she could board the horse and take care (If
him.'
The Chairmo.n a"ked Miss Deslauriers if it was the rural aspecto!her area
that made.it seem reasonable to ask for this varianCe\would she think it
apprOpriate to use a vacant lot in a residential area such as Laurel Hill,
for example.for this purpose.
Mias DesLaur1ertl repU ed it is just the Un!vOJrsi ty Fa:rm right now,1<i th no
other houses therOJ now.
Mr.Mart1:nee.u suggested it might be granted on a yearly baeill.to be
renewed.
Mr.Ward .lI8id any complaint would have to be investigated by the Hllll.lth
Offlcer Or the Deputy Health Officer,
The Chairman questioned the kind of fenoe planned.,O"Jris said it would be
a six foot cedar fenee.perhaps with s barbed liire,posll1.bly ehctrio.
Mr.Sylvester thought one strand of hot wire along the top would take care of it.
Mr.Martineau asked about traffic in the area,if there wall any pOllsiblli ty of
the horse being "spooked".
The ChaitlllB.n suggested two $tipulations if the variance is approved I 1)that
the fence be conatI'llcted at a 1ll1n1lDulll of six feet in height with a hot wirel
and 2)that the fence be constI'llcted to meet the approval of the Zoning Adminis-
trator.
•
ZONING BOA RD OF ADJUSTMENT
APPEAL OF RUTH ll.DESLAURIERS,(CONTINUED)
JUNE 3,1974
•
,
The Board voted unanlmoul'lly to approve thlll varlance with the stipulations
of record.
APPEAL OF CAfll.AND SHARON FRAT'l'INI
Appeal of Carl and Sharon Frattini seeking a varianoe frOll Section 11.00.
Dimensional rsquirements of the South Burlington Zoning Regulations.Request
is for permission to construct a 12'x 24'carport 1:0 within twelve (12)feet
of the northerly side yard,at 69 Airport Parkway.
Mr.Ward said the area is Il\oned R-4.Section n.oo.Dimensional requirement
is for 15 feet of side yard.The propollSl 18 to build a carport with addi-
tional Bp$ce to be used for a dining 1'0011I and an enclosed porch.
Mr.Frattini maid the lots in his arM are mostly 70 feet in frontage,with
under-shed nnohee buUt without carporte or garages.Conaequently if an
owner wants to add 01'111.carport or gamge it is illpossible to stay within the
zoning regulations.With his proposed plan he would still be 12 feet away
froJll the adjoining property.Not poesible to put in anything of a slII&Her
size.
ChaiPl\lln Myette asked how it :related to the abutting property on the north.
Mr.Frattini replied tbllt wal5 the bedrooa dde of the neilhboring hQuse,
and the house ill exactly in line with hie house.The neighbor has a s1nlllar
addition on ,the right side of hie house.Aotually Mr.Frettini plans to go
b!lok further because of the plan for II.dining room and closed-in porch.Mr.
Frattini fl8.id he had talked with Mr.Corley.and he had agreed verbally to
the variance.
Mr.Martineau asked about the age of the house,if it had been built before
the '64 ordinanoe.Mr.Frattini said he thought it waa probably 21 yean old.
The Board voted unanimously to approve thia variance.
APPEAL OF WEBSTER~KARTIN,INC.
Appeal of llebster-Martin,Inc.,George Starbuck,seeking a variance from
Section 13.30,Mobile HOlllo of the South Burlington Zoning Regulatione.
Request is for peniell10n to use a 10'x 50'lIIobUe hOllle for non-living pur-
poses,at 1025 Airport Drive.
Mr.Ward presented a sketch of the property and Mid the arM is zoned BR.
Business Retail.The proposal is to use the trailer for researoh and office
~~e!le ~~~J&~aA~~lt~~~~r.l iB that it will be a temporary use and
Section 1}.30.Mobile Ho.es,statee that non-living purposes may be permitt~only
wen authorbed by the Board of Adjustment.and only fortlllllporary SIlersency .
facili tiea.
Mr.R.Masori"McNeer r,present.,d Webster-Martin at the hearing instead of Mr.
Starbuck who was away.'
Mr.McNeer atated that because ttlewainess of Aquatec,one of the division.
of Webllter-~rtin,has grown so lIuch during ttle pad year,there is no longer
enough spacei in the Webster-Marlin building for their operations.The
trailer will be used for both office and laboratory space.There will be no
..ater Or toilet facilities in the trailer as the facilit1es ..of the lIBin
building will be u,,~,will only have electricity and phone in the trailer.
This ie a t8lllporary arrangement to allow Aquatec and Webster-Martin to find
Mille other space in South Burlington.
The Chairman asked if the lack of spaCe in the present,.bU.ilding 1&a hardship.
Mr.McNeer repl1~there is a bind on both laboratory space and office space,
that Mr.Starbuck does have an option on neighboring property that would per-
mit expansionl that one or another of the div1&ions will buy and looate'
somewhere el"e 1n South Burlington.
Mr.Martineau a"ked if they had considered renting epace SOMewhere else,if
his operation had to be in proximity to the rest of the firm.
Mr.McNeer sald that the labs had actually operated out ora garage in the
old Industrial Park for sOllIe tille but it was not convenient.TIts.Pl..iga11i
property had been look~at by Mr.Starbuck and thiBwas considered sU1\-able
in terms of their special needs such se storage for boats,etc •
Mr.McNeer 8JIIphasill~that what they are asking for is tillle -that the two
fiJ:llls may separate or they may stay together.
Mr.Martineau ask~if there would be an access to the trailer from the
building.Mr.McNeer replied there would not be.
Hr.Sylvester suggested that the Board impress on the .applicant that on
March 31,1975,the trailer should b.gone and that the Board will not
ent.rtain another application.
•
•
ZONING BOARD OF ADJUSTMENT
APPEAL OF WEpSTER-Mt\RTIN.INC"(CONTINUED)
~
JUNE J.'1974
The Board vQted unanimously to approve the variance with the stipulat10n
that it is for tfllllporar,y use only until April 1,1975,and with the under-
standing that there will be no conaideration for an extension.
AppEAL OF ROGER AND DlELDA SIPIARD
Appeal of Roger and Jiaelda Sierd seeking a variance from.Section 11.00,
Dimensionsl,requirements of the South Burlington Zoning Regulations.Re-
qusst is for peI'l1lission to construct a 24'x 26'attached garage to within
twenty (20)feet of the required.rear yard,at 190 White Street.
Mr.Ward presented a drawing to the Board.He said the area is zoned R"4.
The rear yard requirement ia for 30 feet.The proposal is to construct a
two-car garage with a breezeway to within 20 feet of the rear property line.
JUNE 3,197 4
•
•
•
ZONING BOARD OF ADJUSTMENT
APPEAL OF ROGER AND DlELDA SIMARD,(CONTINUED)
Mr.Ward added that the ba~is for appeal is that the physical layout of the
land prohibit~c'm~truction of a gaxage in any other location.
The Chairman asked about the neighboring property to the rear and Mr.Ward
explained the land goes up to the deadend of Berkley and would actually be
the side yard of this neighbor.
Mr.Lucien Lacharite said he was speaking for Mr.SilRSrd who is his brother-
in-law.He said the house is very far from the street,with the spsce all
in front.
ChairlRSn Myette uked why thllY couldn't bulld at the side of the hou~e.
Mr.Lacharite said O!lll side is being used for gardening pUX'pOaeal also that
Mrs.Simard has multiple sclerosis and the proposed location would be more
convenient for her.There is a driveway that goes along the front and also
on the ~ide.This is an L-shsped driv.way with a cement wall between the
dri vewey aM the house.
The ChaiI'JllSn stated he felt this was not infringing on anyone's property
line.
There was no further support and no opposition.
The Board voted unanimously to approve this variance.
APPEAL OF RICHARD SPRANQ
Appeal of Richard Sprano seeking a variance from Section 11.00.Dimensionsl
requirements subsection 11.15 of the South Burlington Zoning Regulations.
Request is for permission to construct a single family dwelling unit on a
lot haVing no frontage on a public street,lot in question located to the
rear of 392 White Street.
Mr.Ward presented a sketch of the property to the Board.He said the
proposal is to extertd the driVeway and set off a 10,000 sq.ft.lot for
a single family dwelling.Section 11.15 prohibits two structures on a
single lot.A variance wae granted in Sept.-ber,1966,for Section 6.21,
lot frontage of the 1964 ordinance to Mr.Robert Sprano,present owner of
the property Who has a single dwelling On the lot.
Mr.Ward said that once this new lot is set off it will meet most of the
requirementlS lSuch as side yard setback,etc.
Mr.Martineau alSked if the regulation regarding two houBes on a lot would
apply if this new lot is deeded to him.
Mr.Ward replied it would not be an accepted lot.just a piece of land.
Because of lack of sccess it would not be sn scceptable lot.
Mr.Myett<!asked if the lot would have frontage Qnly Vis thiB right of way,
Mr.Ward replied thllct according to Section 11.35,no land development shall
be permitted on lots that do not have frontage-on public rosds unless
approval 111 granted by the Planning Commission.
A discussion followed as to whether or not this should go before the
Plsnning Commission,with Mr.Sylvester saying he saw no reason for this
to be taken to the CommiSSion.
•
•
ZONING BOAfl!2 OF ADJUSTMENT
APPEAL OF RICHARD SPRANO,(CONTINUED)
•
The Chairman then asked Mr.Sprano te explain his plans.
Mr,Sprano said they have a nice lot.with trees around the per1mster as
well as ins1de.His son now has a job and wants to build a home and they
would like to have him bUild on their land.Also theY havs had a tre-
mendous problem with children coming in and cutting down trees and causing
damage.so if hie son can live there it will help out in the preservation
of the land and the trees.If his 80n builds he will not be able to sell
except by giVing his father first preference.The whole lot is aooat 2t
acres of land.
The Chairman asked Mr.Sprano if he would retain a lot of two acres for
himself.
Mr.Sprano rlilpl1ed the dimensions of the lot to be deeded would be 125'x
80'but they could go 125'x 100'to comply with whatever the ordinance
reqUires.
Mr.Sylvester ssked if the son would have a r1ght of way from White Street
beck to the lot.
Mr.Sprano said they have a right of way Of 66 feet but there 18 a garden
on the right hand side of the driveway.with the driveway at least 25 feet.
Mr.Sprano said the sewage l1ne would be adequatel it would be set off on
the right hand side of the driveway SO thllre lIould not be llny heavy traffic
over it.Mr.Wllrd concurred in th16.that all would be in order for
ljervices.
The BOllrd 'voted unanimously to grant this request with the stipulation
that there be a 100 foot frontage on the lot in question.
A motion to adjourn was made by Mr.Martineau and seoonded by Mr.Sylvester.
'The meetir).g was declared adjourned at 6,00 p.m.
-r-~-P
erk :---"-----
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Mrs.Ruth DesLauriers
On the 3rd day of June 1974,the South Burlington Zoning
Board of A,djustment granted a variance to Ruth DesLauriers,
340 Spear Street,South Burlington,Vermont based on
the following facts:
1)Area in question abuts agricultural zone (UVM
farm to the south)
2)Will not infringe on any residentia~neighborhood.
•
3)Stipulated that area
with the approval of
Officer •
is fenced in,in accordance
the Zoning Administrative
~?
//"i----¥7/~~~
ZONING BOARD OF ADJUSTMENT
•
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of 1'11'.Carl Frattini
On the 31'd day of June 1974,the South Bu:r1inRton Zoning
Boa1'd of Adjustment granted a variance to Carl Frattini,
69 Airpo1't Parkway,South Pu:r1ington,Vermont based on
the following facts:
l)Narrow lot,70 feet of frontage,set~off 20
years ago.
2)Minimum size carport (l2 feet)requiring a
minimum variance of the dimensional requirements.
3)Hardship in that the landowner would not be able
to construct any structure within the requl1'ed
side ya1'd requi1'ements.-
Chairman
ZONING BOARD OF ADJUSTMENT
•
I
8T ATE OF VERMONT
COUNTY OF CHITTENDEN
,Findings of Fact
•
Re:Appeal of Webster-Martin
On the 3rd day of June 197~,the South Burlington Zoning
Board of Adjustment granted a variance to Webster-Martin,
1025 Airport Drive,South Burlington,Vermont based on
the following facts:
1)Hardship in that no additional land can be
acquired at this time to allow for an addition
to the existing building.
2)No permanent utilities connected,will remain
temporary while on the site •
3)Stipulated that no extension to permit will
be granted after April 1,1975.//}
ZONING BOARD OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of ~'act
Re:Appeal of ROfer Simard
On the 3rd day of June 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Roger Simard,
190 White Street,South Burlington,Vermont based on the
followin"facts:
1)Hardship,in that the wife has a physical
illness,which requires the proposed garage
attached and near the house.
2)Location of garage win not infringe on others to
the rear.(End of Berkley Street)
3)Reasonable use of property.
•4)A minimum variance in order to relief
t9 dimensional requirements of nance.
'.
ZONING BOARD OF ADJUSTMENT
..,1
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Mr.Richard Sprano
On the 3rd day of June 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Richard Sprano,
392 White Street,South Burlington,Vermont based on the
following facts:
1)Reasonable use of property.
2)Irregular shape of lot and extended depth
makes land locked situation.
3)Represent a minimum variance in order to
afford relief from the dimensional requirements
of the ordinance.
•4)BOard is requirin~a stipulation!that the
be a minimum of 100 feet by 100 reet._
/........../~
lot
•
ZONING BOARD OF ADJUSTMENT
-._,-.._.---.-._,...
•
The South Burlington Zoning Board of Adjusment held a public hearing ()n
Friday,May 20;1974.at 5,00 p.M.in the Conference Rooll.Municipal Office••
1175 Willieton Road,
MmBERS PRESENT
•
ZONING BOARD OF ADJUSTMENT
-'-
MAY 20,1974
Q!HERS PRESENT
Robert M.Martineau
Richard A.Myette,Chairll&nl Fredertck J.Fayette.Jr.,J.Everett Reed •.and
Alan F.Sylvester
MDlBERS ABSENT
//
....,.~.
Richard Ward,Zoning Adminiatrative Officerl Raymond J.Danis,Lola.4ean.....
Dania,Alex Verret,Walden Rooney
Chairll&n Myette called the meeting to order at 5.05 p.lI.
APPEAL OF RAYMONDJ.DANIS
Appeal of Raymond J.Dania eeeking a vartanoe frOl8 Section 11.00,Dimeneionel
Requiruents of the South Burlington Zoning Reguu,tionlS.Requnt 115 fer pex--
mission to conlltruct a 22.')t 2;2'prage,to W1thin four and on ....half (41)feet
of the southerly lS1de yard,at 116 Patchen Road.
Mr.Ward presellted a draWing to the Board and IIltated the pro)trty is zoned a-4.
6eCtiOn.11100 reQuire6 a si.de fard utback of 15 feet.The propoeal is to con-
atruct a freestanding garel!e lit feet frOll the lIoutherly line,the prage to be
22 x 22 feet.I It is Mr,Danis's feeling that this is the best location to
utilize the land for a garage and save eldetinl!landscaping.
Mr.Fayette asked if the hou6ll had been built before the '65 ordinance.
Mr.Danis replied that Patchen Road dated back to the 40'11.
Mr.Danis then explained hs had once planned an attached garage but decided it
IIl!lS too expen6ive,so had the drtveway paved.Building s garage now 10 feet
frOll the property line would mean about $400 additional cOllt for fill as the
land slopes.Changing the proposed location of the prege would abo _ean
moVing clotheslines,basketball court,and cutting down tree..His plan is to
center the pz:age With th"present driveway,if unable to do thie,he will have
to forget about having ..garage which would be a IwrdBhip.
M:r.Ward presented two letters frOIl ..djoining p:roperty owners st 110 Patchtlll
Road and 122 Patchen Road.Both letters IIltated no objection to I'l:r.DaniS'$
propoll8.1.Th"e letters to be part of the Minutel$of the Meetillfl.
There being no further support,snd no objection,the ChairllUln caUCld for a vote.
The Board voted unanilloulll1y to approve this variance.
Appeal of Alexander J,Verret eeeking II vadance froll Section 11,00,Dimensional
Requirements of the South Burlington Zoning Regulations,ReQu ..t is for per-
l1118sion to construct s 24'x l8'gara6e,to with1l1Beven.,.(7)feet of the
northerly eide yard,st 21 Hanover Street,
Mr.Wsrd esid th1s property was zoned R-4,with a 1.5 foot.ide yard required,
The narrownen of the lot prevents Mr.Verret fro.confoX1lliq t.o t.herequire-
lIent.The plan ill to bIlild an atteched garage 18 x 24 feet (a It car garale)
to within 71-fHt of the northerly side ysrd,
lttairu.n Myette asked 1f the dlht of way from the school was neJlt to his lot,
with Mr.Verret replying there 18 another lot between h18 houee and the school
dlht of way,
Mr,Verret e>q>lained thoq wanted.garage to provide a plaoe for children to
play in bad weather and provide suffioient storage space fOr bioyclee,eto.
Also his Wife wanted to have a eeparate door between the prage door and the
house.Mr,Verret Mid he believed he had only 2.5 feet between the house and
the property line,
Asked 'by the Cha1ru.n about other varianoes in,the neilhborhood,1'Ir,Verret
said there 1188 one across the street and one three or four dool'fl up the etreet,
ChaiI'll8n Myette said that in a neilhborhood where there were 10 foot setbacks
pdor to •64.the Board reoognius th1B and oftentiMee will pnt s varianoe
of 15 feet dClwn to the 10,but would hesitete to go bey_the 10,
Mr.Verret adMitted he had not planned on a garage odginal1y,therefore he
had centered hill house on the lot.He sa1d he had talked with Mr.Dulllont,who
own.the duplex next door~two or three month.ago and at that time Mr,Dumont
aa1d he had rio objection to the garage being built 7t feet frca the line.
There waa no further support and no opposition,
The Board voted unanlllous1y to grant thb variance.
•
,
ZONING BOARD gr ADJUSTlfEl!'1'
APPEAL OF ALEXANDER J.VEI!Ri'l'
!MY 20,1274
,
APPEAL OF :WALDEN J,ROONEY
Appeal of Walden J.Rooney seeking a vadance !rOil Section 11.00.Dimensional
Requirements of the South Burlington Zoning Regulations.Request is for per-
mission to construct II 15'x 22'addition to within ten.(10)feet of the
southerly s14e yard,at 2 Delaware St~eet,
Mr.Ward presented a drawing to the Board;also a letter froll V1ncent
Dattilio who 1a the neighbor most directly affected,
Ml',Ward eaid the a~ea 1s zoned R-4 and the required side yard setback is 15
feet.The propoeal 1s to add an add1tional bedrooa and bath to the eoutherly
aide of the dwel11ng to within 10 feet of the property line,The basis for
apptl8l 1e that he needs additional living spaoe,
The Chairman asked 1f the 25%of a ••eaaedvalue would apply 1n this oa....and
Mr,Ward said that wall only for nonoonform1ng struoturea and d1d not apply in
thiB case.
•
,
MAY 20,1974
.";.
Mr.Rooney explained they,'Uke the neighborhood and the.a!_and there would be
Much less money involVed to put oil lLl'i'8lid~t.iOil,thal\.~q,*o.~~t ,and bI.Iy a largerhOlle..''.'"
Mr.Myette asked if the property liaS inviiation of the .o:r;dillf.nce before '64
and Mr.Ward answered it lIBa 10 feet in 16Jf .nd thll properiy,l\.icl been Bet off
before that.
Mr.Reed lIl1id it lIe_ed to be abOl.lt the only place the addition could be put,
with the Cbah.'lI\ii.1l adding that it wOI.Ild be the only way to have a good functional
intertor.
Mr.Reed then read the letter from Mr.Dattilio expressing no objection to the
propolll11.
There was no further support and no opposltion,
The Board voted U1'Ianimously to approve the variance.
Mr.Reed inforlled the Chait'1ll8n that he wOl.lld not be able to attend the next
Iluting.
The tabled appeal of Auto_ster was reoved upon motion of Mr.Reed and
seconded by Mr.~yette.
ThiS wall b_use l'Ir.nu.Bxul had Withdrawn his appeal dusto ROI.Ite 7 being
presently under study for poesible ohanges.
The Board voted unaniJlously to officially "1 thdraw the appeal.
Mr.Re.\/loved that the Millutes of JanuaJjY 7.1974 and May 6.1974 b.approved.
StcOnded by Mr.hyette and voted unanimOllllly fOr approval by ,the lloard.
The Chairman stated the Minutes of Januap 21.1974.lfill ha~to be taken up
When Mr,Martineau 1&pre••nt..
After a short dlscuslllon by the Board of posaible ways to improve the ballot
used in voting a variance,the Ch8it'1ll8ll aeked Mr.Ward to prQllre andpr."ent
a rev1"ed ballot at the next ...eting.
The meeting wall !loved for a.djournment by Mr.~yettel "econded by Mr.Reed,
Meeting declared adjourned at SISS p •••
811
•I\TE OF VE=~i<ONT
COUNTY 0;,'CHITTENm;N
Findin:cs of Fact
(1)There are unique nhysical circumstances or conditions,
inc Iud ing i.rrer;ular it:\"narrowne 5S,or shallowne ss of
lot size Or shape,Or exceutional topographical or other
physicRl conditions peculiar to the particular property,
nnd that the unnecessary h2rdship is due to such con-
ditions,and not the circuQstances or conditions generally
created by the provisions o~the zoninv,regulations in
the neighborhood or district in which the property is
located.
•
Because of such physical circumstances or conditions,
there is no possibility that the property can be developed
in strict conformity with the provi.sions of the zoning
re7ulations and that the authorization of a variance is
therefore necessary to enable the reasonable use of the
property.
Such unnecessary hardship has not been created by the
appellant.
(4)The variance,if authorized,will not alter the essential
character of the neighborhood or di.strict in which the
property is located,nor sUbstantially or permanently
impair the appropriate use or development of adjacent
property,nor be detrimental to the public welfare.
(5)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 May 20.1974
Appellant Raymond Danis.116 Patchen Road
ZONING BOARD OF ADJUST}~NT
STATE OF VERNONT
COUNTY OF CHITTENDEN
Findings of Fact
(1)
(2)
There are unique physical circumstances or conditions,
including irregularity,narro,mess,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 con-
ditions,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.
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
re~ulations and that the authorization of a variance is
therefore necessary to enable the reasonable use of the
property.
•
Such unnecessary hardship has not been created by the
appellant.
(4)The variance,if authorized,will not alter tho essential
character of the neighborhood or district in which the
property is located,nor SUbstantially or permanently
impair the aopropriate use or development of adjacent
property,nor be detrimental to the public welfare.
(5)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 May 20,1974
Appe Hant,__W_a_ld...;e_n;......R_oo;;.:n.;,;e~y..:..;;.2...;De:.:;;;l;;;a.::.wa::.;r;.;e;....::S;;;tr;..;e:.:e:...;t;......_
ZONING BOARD OF ADJUSTMENT
",.-I
•
•
,
STATE OF VERMONT
COUNTY O?CHITTENDEN
Findings of Fact
There are unique physical circumstances or conditions,
including irregularity,narrowness,or shallowness of
lot size or shape,or exceptional topographical or other
physical conditions pcculiar to the particular property,
and that the unnecessary hardship is due to such con-
ditions,and not the circumstances Or conditions generally
created by the provisions of the zoni.ng regulations in
the neighborhood or district in which the property is
located.
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.
Such unnecessary hardship has not been created by the
appellant.
(4)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.
(5)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 May 20,1971+
Appellant Alexander Verret.21 Hanover Street
ZONING BOARD OF ADJUST}~NT
The South Bur11nston Zon1ns Board of Adjustment held a public hearins 1n the
COBf.renc.ROOM,Mun1c1pal Offlc.Bul1d1nS,1175 Wl11lston Road,on Monda1'
May 6,1974,
ME/llBERS PRISENT
.'
•ZONING BOARD OF ADJUSTMENT MAY 6,1974
•
,
R1chard Jllyett.,Chal1'l1all.I Fred.rlck Fayette,Jr"Holilert Martineau••lId
J.EYerett Reed
MJl:IIlBbS ABSENT
nan Sylv.ster
OTHERS PRESENT
R10hard Ward,Zon1ng Adaln1Btratorl Mr.alld JItri,Malcolll G.e,Paul Marcott,
DoUS :r.wson,Rob.rt C.Roesler,JuHan Goodrlch,Kell L••,Wil11aa Robell.hln
TtIe aettift«wall ca11.o to ord.r .t 5,10 p.ll.by Chalrun Myette.
MIHUTES OF bPRIL 15,1974 HEE1'ING
It l18a noted that·on page 5 there are confl1ctiJlC paragrapha and that the last
selltence 1n the paragraph setting forth the stipulations Ilhould be corrected to
read,Th.l.,uane.of a wild1ng p.l'lIIlt ehall b.predlcated on ths C1ty
Attom.y's opinlon that #1 1¬ r.qulred to be heard by the Zonlng Board of
Adjustaent,and that #2 be aet.
Mr.R.ed 1II0Yed that the Mlnutes of April 15 b.approved aa aaended.S.conded
b1 Mr,.I'lartineau and voted uunl.oualy for approval,
APPEAL OF /lUTOOSTER MOTOR CO.,JACK DlJBRUL
Appeal of Autoaaater Motor Co"Jack DuBrul s".klng a varianoe irOlll Section
11.00.Di.....10111l1 RIIIJ.1l1ruents of the South BurHngtonZon1ng R.gulations.
RlIIJ.lleet 18£or peralsa10n to construct a SS'x ~O'addltion (showroo-.and office.)
to the .OIoItherly,.1de of the existing .howrooa,to 111 th1n thlrty-two (32)feet
of the requ1red front yard,1835 Shelburne Road.
Chal1'l1an JIIy.tte read aloud the requ ••t.Mr.Wardpre••nted a dralllng to the
BArd,.tating the lise 18 allolled und.r Buslnelltl Plannlld Developaent.TIle
requlr..ent ls for a 75 foot set·.ck,wh.rea.the pr...nt structure la 1I1th1n
32 f.et.The proposal is to add to the tlouth s1de of the pre.ent buildlng at an
eet1..ted oost of $100,000,and retain the pre.ent .et·Daok of 32 feet for the
addit10n,Everyth1ng In the proposal conforas except for the s.t·back.
Mr,Paul Marcott,repreaenting Jack DuBrul,also presented a dranng to the
Board,and 1nd1cated the two elevations,Ol1e as lt would appear froll the Shelbume
Head and the oth.r ae lt wClll.ld appear cOlllng up -trOll the lOUth.
Asked about the fill rtqlll1rad.Mr.Marcctt uldthere would be excavation &JId
not f111.Me expla111ad 1t would .e better to expand the showroom 1n thls pro-
posed direct10n rather than golng out 1n .ck,alao that it llould De 1l1pola1ble
to try to put another building (another tltory)on top of the present atructure.
•
•gOlUMG BOARD OF ADJUSTMtNT
APPEAL OF A\lTOMASTER MarOR CO ..JACK DUBRUL,(comllUl£D)
MAY 6,1974
•
The two lower leYe1B and the two upper lllYele would tie In t04ether,The ..In
tloor would be u.ed tor addltlonal showroGa .pace,wlth offlce,conterence
roOJl,and Ale,areal,whHe the lower leYel would lie for partl IUld "ervle.
aree,s,There would be stall'.golrlfl down to the lower level fro.the office.
Mr,Jllaroott declared thl.was an Ideal eltuation and .ny other locatlon would
be a .1IYere hard.hlp on Mr.DuBrul.
The II"~.of the Board studled the plans carefully.The Chalr11l&n ..ld he
....concerned about the \lu1ldlng of a $100.000 addltion whan In the near future
It .lght b.neoe.Ary to have four lanes on Shel\lurne Road.Thls would sean
tak1l\g aore of tI'le 118t.ba"k a.d golrlfl very clolle to th.buildlng,Kr.Ward
881d the ordlnance was deslgned to condder future hlghway rtqulr...ta,
Mr.Reed asked about a stipulatlon that new cara be parked baok of the )2 foot
line l'I\ther than out in tront 1IIIere they are now,
Mr.Myette sald i.hat Mr,Dullrul.if he 18 to spend $100,000 Olll an addltlon,
should oertalnlyupgrade the front and put In landacaplng,
After ascertalnlng that there was no further support fro.the audience and no
opposltlon,the Chairaan atated thIs was golng to be a .oat dlfflcult decl,lon
to ...ke.He added that the Board Will have to,take an entirel,.dl£ferent
approach In the future In 'cona1de:ration of the new ordlnance and in consldem·
tion of the stipulationa put on the Board by the StatePlarmlng and Develop·
.ent Aet •
Mr.Myette then suggested that 1t be tabled that the Board lIlight have 1I0re
tille to coDsldsr 1 t,arid to walk the property.
Mr.Jllartin"'u aald he felt the sSlie way about it.He sald he thought If the
lIet·'taek is tooreatrictlve,It IIhould be changed,and the Board shOllld look
Into It as far as the highway department 18 co,,~e1'l1ed,
The ChaIrman asked Mr,Ward if the 01 ty Engineer had any"plans or knew 1£
Montpelier had any hlghway plans that Right eonoern thill,
M:-.liard replied the City 1&SlippOSed to appolr1t "eaaen_to a ooaa1ttee to do
seaethirtg about Route 71 that tbsra are thrae optionll possible,M ...ly,to do
nothlng,to reloQata the highway,to do Ileaething wlthin'the existing roadway,
Ha added that Sbelbllme "".tIl it eoapletely out of tbelr tOlll'l.
Mr,Reed 1I81d he would go along With the Chairun,that'ilI,to not vote Orl It
at this tise.
Mr,Fa,.ette obssrved that the new dealerehipll had had to'oonfo~,but 1£the
requlr_entll were to lie changed next.year,thallit would'put.a burdell on th...
Autca.stU didn't have th,requlr.ent when they first built,and now there 1e a
requir.._nt,and it fal1ll1nto a phpioal hardship.
He edd he pereOMUy could find no probl..With the '1'Findlng,The rea"on·
ab1lo uee of an existing \lu1lding is d1ffu8I1t than building a rlew bu1ldlngl
they are being deprived of thelr Invsatsent.A zoning change next year Rlght
put the..other people Injeopardy,
Ohal1'l1lln Myett,e "aid he was ooncarned about the Interpretation of fI2 and 1151
that he slght agree with Mr.Fayette in the end,but he 18 not ready to grant
the variance now.He telt the Board had an obligatlon to take the Matter into
cOJlalderat1orl for aore than just H ~r 20 .1nutes.
MAY 6,1974ZONINGBOARD..QE..!DJ lllSTMENT
•APPEAL OF AlrrOMASTER MC11'OR CO.,JACK DUBRUL.(CONTINUED)
Mr.Martineau moved that the request of Autollaster Moto~Co,be tabled.
Seconded by Mr.Reed and voted unanilllously by the !loard.
Mr.Marcott asked when it would be reconsidered,and was told by the Chai~an
it would be at the next meeting,in two week8.
Mr.Marcott offered to be present when the Board lIleDIbers v18it the site.
APPEAL OF KOHOLA MAUNA,LEE &LEE.INC.
Appeal of Kohola Mauna,Lee &Lee,Inc"eeeking a variance from Section 11,704,
Buffer strip (Residential District)of the South Burlington Zoning Regulations.
Request is for permission to construct a building (restaurant &lounge)con-
tainins 9,675 square feet to within thirty (30)feet of the southerly side
yard which abuts a residential dilstrict.parcel of land ils located at 764
Shelburne Road,
After the appeal was read aloud by the Chai:man,Mr.Fayette asked to have it
on the record that,he is abstaining from discussion or voting cn this question.
•
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Mr.Ward presented a draWing,pointing out the area in question,and indicating
wh"re ths entrana"would be off the Shelburne Road,He explained the prcpoeal
is to remove Hope Signs,Fayette Motors and a single family dwelling in order
to conetructa new reetaurant and loung"on the prop"rty.
According to Section 11,704,a set-back of 65 het with a buffer strip of 15
feet is required.The property abuh the rear property line cf twc dwellings
on LindenWOOd Drive,A 30 foot eet-back with a hedge row is proposed.
Mr.Martineau allked if the adjoining pNperly 18 residsntial both in zcning and
in nature,with Mr.Ward replying that it 18.
Mr,and Mrs.Malcolm Gee,owners of the adjoining residential prcpsrty,came up
to the table to study the plans,saying they were particularly conoerned about
the parking areas,Because their 8wiping pool is within 10 feet of the ~operty
line they are most interested in aaintaining privacy.
Chairman Myette esid screening wculd be reqUired,with moat people preferring
a hedge.Mr.Gse rBllAlrked that hedges take a long tilleto grow,and can die out.
The Chah.11l811 explained therequirellent would bi.that a·high hedge be planted.
but if the Gees preferred,they could require a fence.
Mr.Roesler said there would be 808e type ofentertainllent in the lounge.but
it would not be a loud type of entertailllleftt,
The Chairman "aU a six fClot fence would be IIl8de a stipulation if that was the
preference of Mr.and Mrs.G.e.
Mr.Gee asked if this new construction would affect the value of hi.property.
Mr.Myette said he didn't feel it would depress the.valu,bu.tthat the property
8ight have more .,.lue SI!l couercial,and that if Mr.Gee ever wished to sell it,
he could request a stORing change to cOlllllercial.He added that he feU the
whole charaoter cf the neighbornotd would be improved with the r ..oval of the
Hope signs and the cther property.
lIhen the Chairman asked about parking,Mr.Wa:t:d said tlley had enough space.,
with Julian Goodrich adding they had 1I0re than enough •
MAY 6.1224ZONINGBOARDOFADJUSTMENT
•APPEAL OF KOHOU MAUNA,(CONTINUED)
Mr,Goodrich y,1d hi.cnent ne*".to open-te on a larger scale 1n order to
operat.e profitablYl need"..are tables,aore pa.rking,etc.
Chairlll&n Myette "aid if the varian,ce is granted,it will _n;y the stipulation
that there be a s1:l&:toot fMce along the border of thll properly of Mr.Gee,
the ollDer of the adj01ning property.
The Board voted unanimously to llpprove thb variance.(Three a8llloera voted,
Mr,hyette abstained)
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R~UEST~BiRT,PECOR
Mr,Pecor had a.previous appro'ltal frca the Board to diaplllY 20 llobUe holllel'l
in 1\111 sal.eaarea on \/111iston ROIl.d,Thi.tell-uest wa.for pel:ll1s.10n to'dllJplay
three add!tional modUlar or aob11e hOllea on the p:copert.y,
Mr.liard presented a dl'llldmg 8holdng the location of the aobll,hOllle.on the
land,He said he hsd villi ted the sae with Mr.Lawilon and 1t is alaoat
phya1eally 1mpo ••ible to aee the.e homes from Willi.ton Road.
Mr.Lawllon,referring to the plan,pointed out the location of a aull office,
.nd .aid the Cll.bina Whlch they had originally planned to ke."were to be
rfllOVed,H.&l.o pointed out the location of a neW roadway on the property
Whlchwill .Ualnate the necelJ81ty for r_oving treee.
Mr,Law80n thlill1,explaiDed hall the modular homee can be put to,;etheroll a $lab
for dlaplay purposea,thom t"ken ..part and aoved when :sold.He ehowed the
B~rd"ptcture of thle type of mcdul"r hOll.,
It,,,•••oved by Mr.Martineau .nd aeconded by Mr.Reed to .ppro••thiB request
for allinerean of three eectlonal or .oblle lloaea to be on dll1,lay.VotM
unanilloullly by the Board.
R.QUESTO'WILLIAM BOBJl:NSTn~
Inreeponee to •letter eu.itted to the Boerdby Hr.RobeD.bln reprdln8
aCCees to hl.prop.rty on Dorset street,the Board felt they.tlQ\lld lIt1pulate
that Mr.Robensteln b.required to cloae hie ptivate driveway aDd sal.ace•••
ftt..tll.C1tyrlght.of·way 1£and when it becOll...."..ilable••
a·....JIlovedb;y Mr.Fayette ..nd .econded \y Mr.R.ed that the above atipul..tiGfl
bl!approved.
Tn.BoeX'd voted UJlSnlmouely to approve the .tip1l1at1on.
MI'MES OF FiBW"BY 2'a.nd MABC!!18,1274
Oft.llOUOIi ..de by Mr,Reed .nd .econded by Mr.Fayeth,the M1nutee of
F'bruary 25~1974,and March 18,1974,wer.approved !11th no ••ndaeta.
The.J:lhairaan replllIted Ilia reco...ndatioll ..d...t the la.t ••etll1«...that.1llM
B<MIird take a fell ainut ••at the b"l!"1nnillg ,or end of each ••stln,;te a.,rove or
uomdthe Minute.of the ,r.Y1Ol1s .e.t1l'l@:.'1'.1111'kee,lq;1l1l·tO·date.
UPOJI a ..otion by Mr.R.ed,eec08ded by Mr.Fay.tte.the M.ettDg ,,&I declared
.IlJou~ed 8'1'.6'25 p.lII..
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STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Lee &Lee,Inc.
On the 6th day of May 1974 the South Burlington Zoning
Board of Adjustment granted a variance to Lee &Lee,Inc.,
Shelburne Road.South Burlington,Vermont-based on the
following facts:
1)EXisting lot is irregular in shape •.
2)Represents the minimum variance in order to
afford relief.
3)Smaller building would be a hardship on investment
return •
ZONING BOARD OFAPJqSTMENT
.....-..•"........
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ZOIIXG ICARD OF ADJUSTl'lD'r APl!IL 15.1974
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The South Burl1~oll Zon1nll Board .t Adjqtllent bald a Jlulllic b ..riag in t)ae
COnt,rllDce Rooll,Municipal Office Buildi..,1175 Willi.ton Iload.on MOllday,April
15.1974,at 5100 p •••
MllM1lERS PRESM
Richard Myett••Cba1raanl Ji'rellerlck ia,eth,Jr.,Roben Mart"....u,J.Ev.rett
Read I and Alall S:flv ••ter
Mi)lJli:!1S ABSENT
None
St••Pall"PlaMinli ""a1Btallt,Neraan alld Allc.Wh.el.Gerd_k.Hald.-n,
Bill Cl.land,Richard Guero,Dnid M.FII.,ate,Rod.rick W.Dry••t,B.R.Bry..t,
Charl.a O••Lallr1ltra,Bill Bo~tellh Paul MarC(ltte.Chrl.Chrin..._,Jack
TIil.ke.Nol'lllil Yalldow,h'ed Blai•...
M••tinll/op_ed by th.Cllairu.n at 5.00 p •••
APFiAL OF NORMAN AND AWeE WHUL
App ..l of NI1'Un and Allc.Wh ••l aeekins a 'l&riance froa Section a.oo,Di.enaional
requireaent.of the South ~rl1.Kton zonias R....latioll..BtIllu ..t i.fir ,.ral..iCllft
to con.truct a 20'x 22'prall'to wit.bilt a1:Jl:(6)fe.t of the lleetarly aid.,art
11ne,at 16 I~str.et.
After ta ••"..1 ...read &1oll.d ~the C21&iz.a,St.,._Pa,e ,rnented til.Boari
with.)lillt plan .nd photOIl •••well a.a lett.r boa tn,.adjae.t land o...rs.
Lawranc.A.aid lleatric.J.Qarlaok.Mr.latl...id tha.r.1&IQIlId B..idll1t1&l.
four UII1 ta par ,'cr..alld ttl.l.t .a ••t off pr10r to 1961t.Tlu,variallc,r.-.
lIlI••ted i.fornill'fe.t.
'lb.l.tter fr_th.Garllilcka lIB.r.d aloud 117 Mr.B.ed a.d 11111 lI.11lCludad ift
the Jlllnut ..of thi•••eti.,.
lira.Wheel explailled t!lat 111 tbout;the variallce t;b ....raS'!fWd lie ollly tvo n.t;
f:roll the hlll1.e with not .v••ollsh rooa to .et tbroup wit!!a lan .'WN'.Abo
it IIould .ea",~ill.l ill at a.angle.uki..eatrallci 41ffioult.By lta,ial I1x
feet away f:rollth.bOil..tn.sara,.would 11.even 1I1th th.lin"....'.
When a.ked ~tlie CbU.raBll if c"lIlideration baa .....Ii....to ..tUns the prase
_ck illto the r.r yari,Mra.lIbeel replied har hII ••MIlIilI •••_eart .ad thiB
would •••too ncb abtvlll1nl.Sh.added they have two can _ad _tlco~car ""ed
driv...y.
Mr.Martineau a.ked a'\loUt the pollill1lity of attllobinll the ""'It til the heuae,
and Mr.lIbeel explainalll.ttlat wwld ••n taking OlIt .11 of tohe v1lido¥'ltn _t
.id.of the hOll.e.
Mr.R.ed r_:rked tbey IIould require ...ria.oe even if th8J ,laoacl the pra,a
right up to the house.
The CbaiJ:lUII .aid h.plraoaall,tlad ItO elljectieltl tl:lat the INrd n.d IllIJited lilt
l ••t IlIillf a dOll en .ill1lar ..riaRc..to the oril1aal 10 feet lid.llnll tlllilt there
ia a topographJ prolll..which would ...n a ~t deal of .Xoa".tiOll if the pral'
..ar.to be placed in back.
The Board voted uIIBllillOUaly to grant the ..riance.
APRIL 15,197'"
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ZONI!lG ll()ARD OF ADJUSTl'I!i2!T
-'PPpL OF RODBlUCJ{BRYANT
•App_l of RO<t en ek Bl'Yant I ••kine a Wor1anee froa SeeUon 11,00.Diaen.1onal R.-
qll.1r_entll of the SoUth BurUn«t;on Zon1n.ROCUlaUonll,Requeet 111 fer peni••iGn
to eonltruet a 22'x 24'&Bra,e to w1thin aaht (8)feet of the we.t~ly .1de
yard anlll lf1tMn twenty~••ven (21)feet of tb.r-r yard Un.,at 16 Su••t A.,_e.
Cha1nan Myette r_d the Ipp_l,tben called on Stephen Pa,.for ezplallBtion.
Mr.Pa,.prea.ted a ,lot plan to the BArd lmi a litter froll "r.alild Mra.J ••eph
llo1811ppl ••tatill&they had no objection to tbe pnt1q of the Wortaftee.Th.
area il BOned aell1dlllUal,four \Ul.t ta ,er ..cre,The Wonaall.reque.ted would
..ount to .ev811 f.et on the .Ue ylrd alld thr..on the r_r yard.Thi.waa prr
rtllUely IrBnted on AlI«U.t 15.1973.Wl4.r the 1964 ord1nanc••blat th.buildt..
peralt baa .xpired.
Wher.l a.ked 11)'th.Cha1rl1lln it they had arqtbiq new to add.Mn.Bryant ...ld 1t
...ju.t a .hullderatallldlnel they had thaqb.t.til.,.had a y_r tor the ..rtlnae but
had l_rned 1 t bad expired Ind bad to be requelt.ed 8.ala.
Th.Board vot.ed lIDn1aoull1y to ,.nt ttll•.,.1'1anee.The letter fX'CDll Mr••nd "ra.
Hol.op,l.1.to be 11101.ded 11l the Mi.ute.of the ••etln,.
APPEAL OF SAN M!'!0 PALTY CORPORATION
•
App_1 of sail R.o R_lty COrporation ...killl •.,.rtance froa S.ction 11.00,
Di....lonal requh'a.ta of tae South hrl1aeton ZOIUa.a.latiOJl"Reque.t.111
for p_ha10ate cnatruClt a 110']I 25'.tora,e Wl141..to lf1thia fiV.(5)teet
of'the IhUleri,pr.,en.y liDe.at tb.n ..apll1 liar......saa aaa Driv••
Aft.er tbe app..l _a read 11)'ClM.lft&n Myette,~.PaC.dated the ara 11 ltn.
Bu.iII...Plan8ad n.....lo,...'.r,,"1rtnr 30 fe'".et...ok"for .1d.alld r ..l',.rd,
TIley wilh to oo.truct.a 1N11d1nc 110']I 25'to wi tl'Ib 5 ft,t af tb,Jr"l'pre,..
arty 1111..Aeeordll1l!l to a letter fl'OllJliul Ma:rcnltt.a •.I1.alp I'qinHlr.th1l Ir..
lIlu..t 11 foJ:'tilt.liI.e IIItruetuJ:'e.OIlly loil«er.for'_ll111l til.,had been .raated a
....11dl..peralt Oil Nov_ber 9.1973.andallO had r ..elved &Wortane.for t.be
I.tbaek of'U ....fe.t.Tha pHllit ...l ..ued for a 30'lC 60 .t0rlle Ihld.Con'"
Itruet10n has 01r_d1b.8 to tb.extl,nt of brlllC1n«ln aad ..,.ettn4 IlrIv,l
for th.fOUJld.aUoli lIaae,,..
Mr.Marcott..·,iLett.er _.r ..d alh"\Iy Cbat*a lf1att4Ud will be lncluded 111
t.h."iftutlll of tb...atl.,.
Mr,Mar..tt••who llIo,raaent al a repr....tlti,..of San R_R_lty,.aid tbe
....Udlnr QUld be uled p1'1..rtly tel'otortft.",nl,.lIIt.aad _ld lie fouri ••
f.et blSb."
Clhal:r:1l1.l1 "1ett....ld tile bu11dll11 weuld b.all M.,....,r.·ula..Oor.III"..,.tr••••
lf lt were adjacftt to a roald_tial arll.Icr._JaIl _ld lie 1'".11'l1li.aad that
lI\IlIUc properlJ'••1........tJI......coall1d~U...'rhe .Board Whld _to til.
IUpulaUn that.tre..be planted to aor...the W11dl..ffta th......1 •••~
citl',",party,
'nIe Boai'd votad "'llIai'OlIlly te appro.,.,tl...1'1a.o.,111 tlJltae alloY.,UJlll.1at.l..,
AliI L 15.19Z~
•
•
mNg !(!AlP ",6QJUSTMDI1
AllYL or 1111_"'''...n!liI 1l
App_l .t VUIW ••'••t81a ••.,..,a veriallce tro.SeeUcm.n.oo,Di••al_1
r ....1I1r••taot'the Swth 1lU11qton Z..l111 Replatl....R-aueat.t.fen-,_baton
to canat.ruat a '.11141.tullt dw.Ulq,ental.iq 1735 .,ure t.et t.a 1dt.1l11l .flft.J
(SO)t ••t of the l\u.rther1y .111.yard -ad f1fty~......(Yf)teet..fth._t.h.-1y
aide Ja:td,.t 909 Dara.t Str.et.
Th1a app.l va.read aloud 1Iy ttl.Qlal~D,JI'r.PaS.atatad til.....1&••waaaed
A¢Olllt.ll.:ral,.1al...lot ten acr...Th1&1"~_••et.eff prier t.the pII.U&e
of thea,,"ved .lIWlv1.10ll resulat.1011 1Jl.1969 aad ....a ClGIlfaZll1q lot vader the
old o:rdl_ao.,that Diok Vard bad .aid 1t ....11 oQl1f"ZII1Ilf'I.~1ta1dered to '"a
pII:r:t of the so.ttI ••t -.d:rallt.Mr.PaS.pr....ted a plet)lan te the 1I_:rd.
Mr.Martll1.v..1.-.1 ttl.qv."UlIJl of the ....)!Ill..aat._vi.,ll1C111Ul.ed tbe ..riallce
fl'Oll t1l.t ..atlr.JWl1....
Mr.Fay.tt.f.tt there ••ao a.ed t.o S.t.1.valv-.l lJ1 til••cr....qll ..Uoa b••ulIe
1t 1&.n .1I1.U..let.nae lot 1&,raalllltl:r ••t off,1 ~la Det.••tbeqh thay
weI'••ak1q t-r a ..$D¢.to aet oft •lot .t le..thaJltall .01'''.
Chalru.M,.tt.o_alItad that th1a 1&u..flrat Ua.the "1'11.••wo:d:edwlth
~Z..l11&Ordla&1loa aad "'.v.••tha:r:.lall".cuhalCltlb._ld daf.t.th.
1 1 ••Hr.of tb "ri..'
Mr.8,l.,..t.Mld h.falt .11 JIZ'.Ro~...te1.1&••k1ac-1&...rtalule OR tho alda
11*...d that "••U the JlMrd _act .pon.
Chalnaa "".Ua.l11 ha ~.11....tbM .\It u.ainllt1lo11 tOll-acr.let aIId th.eat..
••blltinld hf,n ......med,aoemll1,to 1\1.1I1tft7retat"oa•
Mr.lla~aut81a 'falt tht._••'laUd lot 1I1\h tIleM1Y p"~.W ...'1:1 t.lIf1ll~
fen toth••at 1Ilek..1JIl alde yard reqlllr....ta a.d .t111 _II••••of til.la_
f ..'llIiIltaver d1&t1'1ot..1Id _••it 1.ill,Th •.).•....t....lItt.aU ••U .....1'•.••'r ....t ordl.ao.,had ....ccm.ad all thl..P......ef U,a,palll-.l ••au".
H.'1&onlt a.1I1..for a r.laaU_of the .1h 11••r ..iI1r to .0 h ••11 uka
....•••of ttla property.
lIr.b,-.tala axpl.ll1-.1 b.111 ...otlatl..lI1Ul fted :Bla1&r ...riU,.~talll1•••
r1.atIt of -,t..-lllla whlo1l 11.lI_ld lI.a .,.dri.,evay,tIlua .1s..1~t1..the .....
t.r ••rb cat.111 the viel_tty of the ".rob.Me ..ld h.bad not -PJl~eIlad.~.
()Jurllb BRrd to tbel ..t h••they w0ll1d faal,.t the ,..,1.who en pro,..ty
OIl -ttl.other .U.ha.,.no ..,,,..tlon to th•.,.rtalloe..'"
Henp.tad that .U h ••a ••k1 ..1&to •••the proper\)'t.r the r ..UlIlItl01
p1ll'J&&••t whll1b it 1&'.".bed 1.tho ,"-x ltooll ••R..id_tial A.'II ••1 ••·..1d
it bad \1_approVed vUIl •ov.r\.t l_ep.....t of ~1...1••,_t II._ld
hop.to Ilot have •C'lIr\cut.
'!'b.ChalrJ1&ll"U h .....rel.ctant to .11•••qan wt lit th.t .&Cuea,,.rU·
CIllar17 011 ttl.hl11.
Mz.""etta th..aakadllr.Bl.l......t .-.\1..th.1'1lht.of "Y.......tua11J
lt _14 ~a .·ript.t_,to the l ••d "1.JIbI.Bla1&'.eflrpe..U.01IQ.
Mr,IIlab repl1edth.laad ut111"UOD .f thl••ar....1&a.t .t..lldaf'1alUvo
..t ~_oat.''rbqencs.aal17 had •privata 4rh_y ot 45 t.et .ad pIIrcha.ad .a
addltloaal 15 f ••t to aka 1t •lapl ript ot-.)',_01.1..owe .lIoIIt 1100 f.at
of froata..01 S1I1ft··Str.et.'1'h.,.ould aat ...act.,.".".put"..a ript ot
11&1 to Mr.Ro .....t.lll .t !lot WItH tIlay lIa.,.1.vrlU_•dafla1ta 'lall Of vtlat
b.ha.to de,.Hathl..f1'M Ilia lap1 COII...l.
Whoa ••kad "b1 Mr.Mratta if h.thoupt thay lfOI1ld 111.th1&rtp\.f 1I&y th...1'I..
1I1thln the nut few y ..",!fr.Blat...ld It lIould lI•••ad ••.......TlIMt'
, ,
.•,1
It.-
APRIL 15.1971t~BQAJtD gr·ApJUSmm
•h"I6L or v~Yn"RO!JUUUh (gnWD)
hav.tM f:rota••,,,.SlI1lt Str.-t "lIat ••••••aCOM••'I,tIt 1Mo d..lr.tor
th 'uty•••w ,",••totd.th~:II'lallt!.,bat4Mr.R.lNII.at.~.·a lot to Uti ~r &ad to the..ta.".
•
Mr.OQI_X.14 ...,e"'Qed h,••a t.ft.te.ot the ....(lI'alth JIl.thodlat)
tlilat lie ~t.st,ll.:a.r4 of 'f!'u.t_.a-.q that th-f MV'..'''j.cUon to
the ....t.1Ilk af tba .:da1l0••
49/D
'l'h.CIIla1_111M tint toIla J-ri owld _ta 1\a '*l41U...l apPU..l ....Oft
Mr.Sp.ll..••1"11-,'.,ta-ethw OJ:ft~'ha t.-.av,aldlSldl u9Il1d MV'be.'llU'II".fte,.HclIIc1 tMII8 t,"'dd.la'••puUIIf of IlCllolrll .t1l1th th.
pM.l"J.UV ft'..•treat Wq JU'1ft a'jao",tt.a hie l.t.pIIttift,1.,.Upd,-
ti.t.Mt un.ript of .,...atH .....
Mr ...1NMt&1.,"jaot_to thl.."1..he .....t ,.ki"tor •nrll Ollt.alld
a.k.11 til..,".,probl"lt1lll a ou"_t 1.ca..h...d Jlr.Blab oOlllcl JtIIt
"sr"OIl a nih'of wy.
Mr.alb.'G'.....t"that the Board __lc1er •sUp1llaUOft that tal,nih"of
_,."....111 •••t.-......Mr.'".ts1ll:•...,.Mt-'-apia.tIlat thb ...1'lta ••1Jlp0H1\l,..-1tl..11'tal
price af _.apt ,~"",...lUlrI&....ll1.••
Mr.811__,..14 the haN ahlN1d 1Mo ll'••.,th.'till .......1ft the .\1,.1&t1lln
lf Gl ....'••a.11 ....10'"_t ...tho np'·of,""1.poIl.1..1....,
Mr.Jl!)'nt.•..w ~Mr.1I0b_tela tI&~'t nap-ti.t..111_Jtr.litM.lIeforo ••kias
f01'tae .,.nano..JI!ll'.bllONhla,.qlalatel It,had .a 1••_ttha n.lIII1q OM-
alwoe alSht d'to !fro Blab'.F",I1..14 "I.e ha ...tad til ..._to "'.:a.:rd
.1p,_at •••••c1t~o,caadlU \ha'alpt ..l..-neat.111"til.apo__t.
Mr.Ms.rtta_f.lt that be th.,....ad,....14m...14.11••_ria,....
ttl.lMr)llUt.vaetltar it _.oa til.,",an,-~t.h.ript af .,._lll ft,.lis
•t\1a~1...f the Beard t.1lOU14~till tl...
Ifr.11111'.'.."14 be'f.lt \ha'Mr.1o••,.1 'ha."a..-.-..l ...,.ppr....
lot.,d lflt _tllftllq a.te thl tOIl aor.a._....14 ttlf'lld.-11....
",.ir...tat,.::t _,11ed 1l1th·--1 wi'll ...."'_,SLl __.......t all Ilf••.Mr."tlSl.baa _d OlUUdtalllt.aM ••'pJ&a n-w..c ••
H.felt lt ••la\lOU1at_t that.perM,.•'fa..l.ll1l,tlt 1.erdar IIJIUl
Dick vari ratllrllA til ".xp1&l••
Mr.Reb ...t.l11 _1CI 1t _101 ...a ••xtr••bariahlp te bav.allY d.lay.Th.
r.loa ~.lot d14ft't QPI .114.tbl t...a!U'.'.lI1iJlllll .1 .......1\•••pro-
u11t1q lot,bllt U1at tho llcIa:rd d ...til..t.ba......."..t"l "U tho ,lao..
...t of th.·llIIllldla«011 tltl lot w181t ~thlreqll..t foil'.,.rianci a .......r,y.
<.1lal:r..Jllylt.ta th...t it aIlod....Il.r"up ..,lop1 ......1.'1'Itb .act1n
of th.City 1*.xtr••l,.r ..trinod '"till t Il1l1l1lua aMtlte Jaardo_ld
...Ip.to crl.tlc1••HI .aid III _I 1'.111 t to proo••1UIt11 b .....1Ieal
srnlld.
Two IIlll1'llen felt the Board cnld vote on just1ihat was bsfor.thllll,
The Chairman eU:ggested votin«on the _ming.but nth ..stil'llll1t1on that Mr,
Robensteln n.«otil1te so...agr....lIftt aa to the ri&ht of _y,elao to vote pllftdiQ;
the .,proVll.l of •1.1 opinion,
Mr,.Robust.in offered to co••blaok With all.a«r.....nt alld Hid h.would appreci-
ate the Board votin/l;1l1th tho..conditions ._ad,
Mr,Sylvester eaid h.f.lt the 8id.linea w.re all the Board could act upon.
H.added that if he were the Chairaan aDd oonoerned abollt lII1.th.r or not the
prop.r prooedur.waa b.in/l;followed,h.would opt t.r a Tabl.I1l1tll h.had the
1e1';81 opinion,
Mr.Fay.tte SUM••ted aco.proa1a.in that if th.r.i'undll.hardship,the
1e1';81 opinion llti r8lld.red befo:n the bullding p~it is granted.
Mr.R.ed f.lt the Board shOllld vote 011.the appeal,lNt .hould «et a lapl
opinion,.
•
ZONING BOARD OF ADJUSTMENT
APPIl:AL OF 1IlWAK RQBENSTiIN,(CQflTlNUllll
APlIIL 15,1974
Chairu.n Myette said the vote WO\lld be takllft With the .tipulation.that,1)if
the appeal is granted tile 1.1 opinion shall "'.~forthcOlliftg !rOll!the City
Attotney ap.cifically d.te~inin/l;wh.th.r th.t.n acr••ini.uII lot aize aad
th.200 f ••t fronts/l;.r.,u1r"8IIt,in AR metnct .h0l11d b.warned.and duly
heard by the Board,alld 2)the &r'nting of thei_naIlC.is predicated on all.
agr...lIftt for the u ••of "a right of way a.acese.to the aubj.ot propeity to
b.granted by CBC Realty and Devtiop••nt Corporation.
Th.i .....nc.of a building pel:llit &hall b.predicated on the City Attorn.y'.
opinion that III 1a notl'flquiNd to be heard by the ZOIl1ft&lIMrd of Adjusta.nt
and that #2 b•••t.
•The Bot.rd voted u_n1.0\l$1y to approve the varlllnc.With the allov.st1pulationa,
APPEAL or SHELL OIL CO,.
Appaal Of 8l'Ie11 Oil Co"Mr.H.Roerden aeekilllr II VlI.rlance fro.S.ctio.l},OO,
Nlln-oonfo:na1ng u ...and st1'\lctur..of the South Bur11l11ton ResulaUona,Request
1a fol'perlliaa10n to improve and l'econst:ruct the 1ntertor of·the exlllt1ng
bullding,(Hid alt.ratiOns do not confol'll toeubseotiolt 2)at Pre•••y's Shell
StIltion,16)0 Shelbul'll.aoad,
Th1a appeal was read aloud 'by the Chairman,
Mr,Pag.stilted the areai.soned Planned Bus1ness Developent With a ..1I\1 ..ulII
lot size of two 1I0r.s.Alao,the alterat10n.lIIuat not exc.ed 25%of the fair
lllarket value ofth.property,The fall'Drket value fa '$11,000 and the eatl..ted
oost of thepripo.ed alteration.1.$7,000,thua .xc.eding the 25%111111t1ltion.
Mr.Chris Chr18tenBuea1d he was repre.entin«;Sha11 01!in place of Mr,Ro.rd.n
who was I1l11lbl.to attend.H••xplalned how they plan to do what 18 basically
Dintenano.work,re-d01ng the rut roo..,puttin/l;up :JMI,n.11n/l;in the sales area,
and bu~ldln«a;.toreroOll:11181d..Mr.Pressey needs the"storeroOll 1n order to
control hia inventory.Shell 011 le.....the land and sUb-leu••both land and
bulld1ng to Mr.hess.,.,th.ir pl'operty 11ne end.with the back of the bulld1ft&.
They hIlve no oolt1'o1 oval'the une1!d1tly appearance of the lIIack yard as that 1a
leased by sasone e1 ..fJ:Oll the Joly Eatllte.Shell ba.tned ..v.ra1 tises to
get the land but it (the Eatat.)1a "11\1';conte.ted bIlck and forth 1n court.
APRlL 15,1974ZONIKGBOARDOFADJUSTMOO
•APPEAL OF SHELL OIL CO.,(CONTIIlUED)
Mr.Christensen e~lained th~are juat doing this ..intenanee work to hall'
wt Mr.Preas~.ThllY can't do anythint;on the outside as the allount of ~s
thllY can sell would not justify the expenditure.
The lloard voted unanillously to approve thie variance.
APPEAL OF RICHARD GUEST (CONTlIlUED FIIOM !'lAIICH 18,1274)
The Chair.an read the 8"...1 af Mr,aunt fro the Minutes of the March 18th
lleeting,at which tille the request bad been Ta.led becauae of the CHcem oyer
the dllla1 use of the property and also becau1J8 the Board had requested a plot
plan.
Mr.auest said the garal':e would not lie all.autoaoldle repair shop but will be a
118chininl':and rebuilding shop for generatora and alternatora.
•
•
Mr.Cleland exhibited the plot plan,indicated the dillensions of the lot and
pointed out that it would proVide 26 parking spaces.He had been told by
Mr.liard that 25 spacn would be required.Two curb cuts were shown on the
plan.one of whic\!l will be ellllinated.
Pointinl':out the four garage doors on the draWint;,Mr.Cleland said the one
IIl8rked "A"will be usad by the heic store for atore!!:e,"lil"will IDe replaced
with a re~lar sized culltner door,"c"will lie closed off,"D"will r8ll8ill
aa it i.for the repair IIhop.
Mr.Foapte explained his operation,sayiel':his ..in objective 111 to repair
alternators.starters,and generatorll for 881e to gas stations.\lhile there
will be all occasional reu,il oulltOlller.he prefers to develop a whole..le
\lusineaa so "e will not be in competition with the pa su,t1ona.'IIould be a
low traffic situation.
Explainin!!:parking again,Mr.Cleland ..ill.ilh811.the fUUn«is capleted.the
fence will be 1Il0ved back and the whole area will be asphalt.There i.now
co..on parkinI':between this property and the Martini~in«plant next to th..,
and th~would like to keep it thia way even though thllY w111 llark off the
parking space,..
Chairu.n fllyette said he was glad to 88e the property being put back into a
cOlllllercial Ulle and he felt the al hrationa are appropriate and not detrillental.
He didn't feel the .llount of traffic to be l':811.e11lted would reqUire all the
""rkin!!:places to be striped off.
Mr.Myette also stated the ~nt1ng of the approval,if voted,would be for
this uae only,and if the use challgell.thay would have to come back before
the Board.
The Board Yoted unaniaously to approve the request,
This concluded the appeals to be heard by the Board,
Che.i%1l&n Myette x-eferred the a ..bus of the BolLtd to the lettu fx-a-.the City
Attoxney outlining the px-oceduree which are required of the Board under the
new ordinance.
Mr.Myette aid he 1I0uld alSk that a new ballot be drawn up on a full size
8 x 11 sheet.Or possibly half aize.that 1I0uid sholl the aix criteria under
the Planning and Developent Act.This would aean that each UMe the ...bers
could reed over and check if each particular critana had been co.plied lIith.
Chail'lll&n Myette also said he llould ask Mr.Ward to 1nclude the Minute..of the
past .eeting when he _na out the waxn1ng.The Ilembers IIQUld be able to read
the Minutea and the Findings before coaing to the ..eetin«.These Minutes and
Findings could then be approved before beginning the meeting.and llould aake
a More orderly procedure by keeping up to date.
•
•
ZONING BOARD OF ADJUSTMENT APRIL 15.1974
•
•
Mr.Myette also eaid he felt the new ordlnanee will 0&11 for a larger nUMber
of conditional approval a than in the past.and that there wl11 me nothing
wrong in saying MWe want to think about this a bit...
It was then moved by Mr.Sylveeter and seeonded by Mr.Martineau that the
Meeting be adjouxned.
Meetlng declared adjourned at 6'50 p.a•
After the .eeUng ...s adjourned it was noted by the (balrl1l&n that warnint;lI
lIill have to b.fifteen days in sdvance rather than .""en days.and that the
flrst Monday ln May ls the date of the next regular meeting •
.'
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of William Robenstein
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to William Robenstein,
909 Dorset Street,South Burlington,Vermont based on the
fOllowing facts:
1)Lot in question set-off prior to effective date
of 1974 ordinance.
2)Location of proposed dwelling affords the
minimum variance that could be granted.
•
•
3)Variance granted with a condition that access to
the property be from a 60 foot right of way
located to the south of the parcel in question.
,)
.'"/""//...
&-'
SOUTH BURLINGTON ZONING BOARD
OF ADJUSTMENT
•8T ATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Norman 'Hheel
eha rm,/
.I",j~~"'Ir~
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Norman Wheel,
16 Iby Street,South Burlington,Vermont based on the
following facts :
1)Lot in question is narrow,set-off prior to
1974 ordinance.
2)Minimum variance possible to allow construction
of a garage.
3)Garage is located on lot in such a manner so as
not to present a problem to adjoJning property.•
SOUTH BURLINGTON ZONING BOARD
OF ADJUSTMENT
•
•STATE Of VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Be:Appeal of Richard Guest
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Richard Guest,
1174 'iv'll11ston Road,South Burlington,Vermont based on the
following facts:
•
•
1)Represents an improvement to an existing non-
conforming bunding.
No dimensional requirements will be effected.
~..
~-,_.-..,.",,'.'.-./,..
C ./...../c:#-_.
.,-/...........
,
SOUTH BURLINGTON ZONING BOARD
OF ADJUSTMENT
•STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
He;Appeal of Shen Oil Company
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Shell Oil Company,
1850 Shelburne Road,South Burlington,Vermont based on the
following facts:
•
•
1)
2)
3)
Alteration proposed will not change the external
dimensions of the building.
Alteration is an improvement to bUilding.
All dimensional requirements will remain the
same.
SOUTH BURLINGTON ZONING BOARD
OF ADJUSTMENT
•
•
•
•
STATE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Re:Appeal of Roderick Bryant
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to Roderick Bryant,
16 Sunset Avenue,South Burlington,vermont based on the
following facts:
1)This variance is a renewal of a variance
granted August 15,1973 which has expired.
2)Minimul".variance possible to allow construction
of a garage on this property.
3)Narrow size lot involved set-off prior to 1974
ordinance.
SOUTH BURLINGTON ZONING BOARD
OF ADJUSTMENT
.'
•
•
ST Il.TE OF VERMONT
COUNTY OF CHITTENDEN
Findings of Fact
Be:Appeal'of San Remo Heal ty
On the 15th day of April 1974,the South Burlington Zoning
Board of Adjustment granted a variance to San Remo Realty,
San Remo Drive,South Burlington,Vermont based on the
following facts:
1)Location of the proposed building does not
present a problem to the adjoining property.
2)A similar variance was granted in November
1973 for a smaller building.This variance
would only increase the building size •
3)Variance is granted witb condition that the
property line effected is to be screened.
SOUTH BURLINGTON ZONING BOAnD
OF ADJUSTMENT
'l'he South Burlington Zoning Bolltrl.of-Adjuatment held.a pUblic hearing on Monday
March 18,19741 In·the Conference Room,1l75.Williston Roed,at 5100 p.m.•,gON!NG 1I0/liUl om ADJUSTMENT MARQH 18,197 4
,
MEMlIERS PRESENT
Richard Myette"Chairlllan I Frederick Fayette,Jr..Robert Martineau,J.Everett
Reed,Alan S»lvester
None
OTHERS PRESW
Riohard Ward,Zoning Administratorl Cary Warner,Marilyn Dunn,Charlee Dunn.
Peter Jacob,lArty Willis,Willia.m Cleland.Robert Methot,Paul Mal.!cott
Meeting called to order by the Chairman at 5,05 p.m.
APPEAL 01'"SAN R~O REALTY COllFORJlTION
Appeal of san Remo Realty Corporation seeking a variance from Section 7.60,
Off-stNet parking requirements of the SoutlilJ Burlington Zoning Otrlinance.
Request is for permission to set off a parking area of e1ghty...;three (B)perking
spaces.which does not conform to the minimum required ,and a variance from
Section 12.20,Yard requirements,subseotion ),request is for permission to
oonstruct an addition oontaining approximately 5.000 squsre feet exclUding base-
ment area to Within thirty-seven ()7(feet of the Interstate 189 right-of-way.
at 5 Joy Drt ve.
J.Everett Reed asked that it be recorded in the Minutes of the Meeting that he
lias abstaining from oonsidering and voting on the appeal of San Remo Realty
Corporation.
'1J'Ie Chairma.n read aloud the appeal,then called on Richard Ward for hie explana-
tion.Mr •.Ward said the area 15 prell8ntl:r rooned Business Dhtrict A.The
present set-back from the Interstate right of way is 65 feet;whereas the re-
qUired set-back is 150 feet.The ordinance on parking spaces wculdrequire an
arss.of 100 parking spaces I san 1181110 is propOsing 01'11)6 8)parking spaces.
C1\airman Myette then asked Gary Warner of San Rel1lo Realty for a presentation.
Mr.Warner'presented thrE!e dtawings to the Board,one .colored to indicate the
proposed l"ndecaping.He statE!d the property lias purchaesd six years ago and
the buildiing was built to lllset the then existing zoning ordinance.They now
Wish to build an addition which does not look like an addition.
Mr.Marcotte of Paee Archi tent8 and Engineers explained they were introduoing a
new entrance at thE!end of the existing building;the addition would have pri-
marily tht same roof,line at the "allle elevation,the sll.lIIernaterial"lIould be
used for th.eaddltion that ~re 1Jl the,present building.The pllrpose of the
bUilding taking this configuration shown in the drawings is because ofth~
planning and tho:function"wi thin the building I it is the erld re,mlt of me.king
MARCH 18,1974ZONINGBOARDOFADJUS~e AFPEAL OF SAN REl'IO REALTY aOR!'CRATION (CONTINUED)
sure that all,the functions within the new bulldil18 op~~te in the proper',
relationsli1p to the existing bullding ••There will be fout,'tl1'fferent'rocattont.
in the building all starting from tlllis one cenbal entrance point Wi th<;?utg9ing
through any of the other.This is of lIIighes~,~mpor~"~'thll,r~at1ouB:o,ile,tat1onll
not be disturbed by traffic COiling tllrough.their areall....
The existing bu.Hding will be given over to the finan.c181 dl!l.~r.tm.ent,sltlo......the
oorporate officell.The entranoe has to be where they have p¥nned it or'the'
building will not function properly..",'\"..
He also explained how people oould reach their large meeting room without haVing
to go throughsny other section of the building.
Mr.Marcotte also indicated to the Board the servioe entranoe where supplies
could be reoeived and imMediately disposed of without interfering with any other
opere.tion.
Chairman Myette said the plan appeared to be what the Board had requested I that
the pUn will go on fHel that Mr,Ward will see that it is substantially done
as presented at thie meeting,
•
,
Chairman Myette said the Board haa to be conoerned about the impaot of the
variance and the amount of varianoe which they may allow in certain calles,
He said there.hsd been misunderstanding or oonfulSion prevlou$ly all to Whether
they were oonsidering the fenoe line or the property line.
He asked to have it recorded in the Minutes that he would address.a letter to
the City Counell reoollllllending the teohnical ohange in the .ordinanoe defining
property lines and fence lines,
Mr,Fayette then questioned the r.equeated variance for parking spaces and
aaked if the proposed 8)spaoes definitely takes care Of the I'leed of the o'pera-tioo,'..'
Mr.Marootte replied their planning has been p~ojeoted tbrough five years,with
a projection of sixty employees by that time;this would'allow for 2)extra
spaoes.
The Board voted to approve the requested varianoes,with Mr.Reed abataining..,
The Chairman eommented that the prell entation waa very well done and lISde it a
lot easier for the Board to relilch a deoillion,
AFPEAL OF CHA!ILES AND MARILYN DUNN
Appeal of Charles and Marilyn Dunn aeeking a varianoe from Seotion 5.40,Yard
requirements of the South Burlington Zoning Ordinanoe.Requeat is for permiasion
to conatruct an attaohed garage,2e'x 24'to within twenty-six (26)feet of the
northerly side yard line,at 1416 Hineaburg ROild.
Mr,Ward said this area is zoned Reaidential Dis~riot A,The houae is a raised
ranch with a W'rage,It is proposed·ttl eonvert the"exiating garage into
additional dwelling epace,with the proposed addition of a garage within 26 feet
of the northerly property line,The preeent fard rB9uirement is·50 feet,
The new zoning ordinance will have ten-acre zoning for the area.
MARCH 18,1974
•
•
,
ZONING BOARD OF ADJUSTMENT
,
,
APPEAL OF CHARUS AND MARILYN DUNN (CONTINUED)
Mr.Martineau inquired the "lze of the lot and was told it ill lt acres.150 foot
frontage and 450 foot depth.with the house in the center of the frontage.
,.
Chairman Myette then aeked Mr.Dunn to present the reas~ns for his request.
Mr.Dunn explained they presently h""s a oae-ear garage.They lire a family of
six,with'four ClIre and four,dri verso Aliso that,they need this space in the
bottom of the hou$e for bedroom and office space.,They need space for rather
large meetings for school personnel,for inetance.This basement space is
definitely needed to make their house more functional for their family.
He feels the new garage could not infringe.n their neighbors'view.N"ighbor"
on the north have a six foot fence I house to the south is far "nough removed so
there would be no problem there I csnnot feel·that he would be detracting from
anyone else's property.He said his pencilled sketch would indiCAte that the
addition of a ,garag"would improve the 'eye appeal of the building and improve
the whole gen';ral area.
Mr.Dunn further stated the house and garage meaallring 55 feet is already a bit
"sqlleazed"by five feet in the present zoning regulations,but becsllse the total
area of the lot ia lt acres he does not feel it ia unreasonable to ask for this
additional va~iance.
The Chairman replied it is a technical matter,the consideration of a variance,
but that he is sympathetic to the need for mor.e apace in a raieed ranch type of
house.
There being no further support.and no opposition,the Chairman called for a
vote"
The Board votE!!!unanimously to approve the variance.
APPEAL OF RICllARD GUEST
Appeal of Richard Ouest seeking a variance from Section 12.90,Non-conforming
use--alteration of the South Burlington Zoning Ordinance.Request is for per-
mis~ion to cOnvert an existing dwelling unit and garage into a music store and
automotive parts repair shop,at 1174 Willist.on Road.Plans on file in the
office of the Zoning Administrator.
The request was read aloud by ChaiI'lllBn Myeite.,
Mr.Ward aaid ,Mr.Cleland ia a partner of Dick Guest and is present at the
hearing.'
The 'proposal 1s for dual lise of the property for a music.store and for al1to~
motive repair service.Dick Guest wculd be operating his music etQre frOlll the
house section 'of the unit and the back garages would be converted to an auto-
mobile repair ishop,repairing generators and alternators.The garage is de15igned
to handle this..If the variance is granted,he wants to consider using the
garage to repair 8l1tomobiles also.The house is presently non-conforming.
Mr.Ward aaid Dick Ouest is in there with a permit fOr minor alterationa which
would be leas than 25%.sO that particular Uae would be allOWed.The reason for
the appearance now ia that it might poseibly exceed 25%for the dual use.The
houee haa 1600 sq.it.and the gBUige 1800 sq.it.
Iilic~ckLlllte!sof5}?~~at;ldf¥?uld be up-graded,gravelled,etc ••for parking
The area is presently zoned Business District B.Both uses are sllowed in
D1etri ct B.I
The Chairman a"ked what the alterations were,
Mi.Ward replij!d thay would put in three picture windows and'reMove some of
the inside wa11s--would cost around $1,000.
Mr.Cleland said the entire cost of altering both house and garage would not
be over $3,500.Windows less than $100 each,with $200 for installation.
Mr.Cleland st"ted he bought the property with Diok Guest and that David
Fosgate will operate the garage part of the property.Mr.Fos@8te also operates
the Burlington'Flight School.
Mr.Cleland said the plan is to roll up one of the @8rsge doors and replace it
with'a false wll,lll pUt in shelves for storage;build work benohes~great delll
of cleaning up but really ,no great renovation at all.He eetimed $150 for the
false wall.
The musio store will use the present front door of the house for entrance;
also a door in'the baok of the house to be available for customer r;ervice.
Mr.Martineau queet10ned the use of the property.Mr.liard said if generators
and alternators are to be sold on the property,the use is allowed.But if they
are to be repaired andinetalled in cars,then the us.is not allowed.
Explaining the,parking area.Mr.Cleland said said that from about half way
back,the land is not blacktoppe(h that the.fence 16 there because Senesac
is filling in behind it;the fence is not the property line.Mr.Ward added
the Giroux (foirmer owner)property goee 200 feet back with the raet of the
property belonging to Northern Oil.
Mr.Myette then asked who controls what is being used for fill there,with
Mr.Ward replylng Mr.•Szymanski controls and polioes it.
The Chairman then asked if ..the.usable area or the unusable area is being
ueing fo~figu~ng available.parking spaces.
Mr.Ward said ,it would be possible to get six spaces along the garage and two
or three along the side of the house,With the reat out back.
The Chairman said hecoilld not visualize enough parking spaces without having
to park in front of the ga.rage doors and blooking them.
Mr.Ward Il$id.:therequirementfor parking SpBOes does not desigflBte where the
perking has to be,or Whether it blocks a door.
•
•
ZONING BOARD ott ADJUSTMEl.!!
~PPEAI.OF RICH4RD GUEST (GONTINUED)
Chairman Myette then asked about parking.
Spaces and as soon as the back is finished
these.
4.
MAIlCH 18.1974
Mr.liard replied he only needs 25
off there will be enough room for
Mr.Ward then said this is a non-conforming structure with dual uses and he is
not authorized to allow the alterations for the 4001 uses which is going to
violate the o:r:dinenoe.The .dteration to the mudc store is already started
because Dick Guest has a permit for that.
Mr.Cleland said they would like to be able to rent the garage.it would not be
neceaeary to h.ave oars in there;that alternators and gene~tors OD.uld be {e-paired there ",nd parts sold.Could have a custolller dOOr and a slll8ll area 0
•
•
ZONING BOARD OF'ADJUSTME~
t.PPEAL OF RICHARD GUEST (CONTINUED)
work in.wi.th rsst of the area to be used for storage.
Mr.Cleland said he personally could see no problem.especially con8iderin~
what had been the use of the property before.(Giroux Septic Tank Service)
Mr.Reed thought it mip;ht be an advantage to restrict this to generators and
parts and not automotive areasl that automotive repairs could tie this lIhole
area up.
Chairman Myette said he personally did not feel he could vote on the request
at this time.The request shows no delineation of parking areal it shows not
at all what the function of the interior of the music store will be.He is
not even sure that 16 parking spaces would be possible without violating the
function of the back building,without going over there and measuring.
Mr.Martineau had no objection to what Il\8Y go in thet'e but that they must
request people.to bs quite definitive when asking for variances.
Mr.Cleland offered to subllli t whatever was requeeted by the Board.He also
mentioned a wide entrance space with no curb on the east side of the property.
Chairman Myette said it would be important to eliminate that.
The Chairman then asked Mr.Cleland to bring in a drawing.to seale.showing
the function of the store and also parking places.
Mr.Martineau suggested that it be tabled so it would not have to be re-warned •
Mr.Fayette agreed that the Board could not act upon the information available
now.He aaked if cars would be left on the lot lIhile waiting for parts to be
put baok in --that details were needed pn how the repair service would operate.
The Chairman asked about exterior changes to the house.
only a good paint job:and the new windows.
Mr.Cleland then said he understood the Board wanted a
figuresl a strQnger definition of the property in back;
Dick Guest as to what.his music store is doing.
The Chairman s~~d he could Check further with Mr.Ward
Mr.Cleland replied
plot plan with some
and a atatel1lent ft"OIll
8S to he is to provide.
Mr.Martineau then moved that this r~uest for variance
the April 1st meeting or the April 15 h meeting.
Seconded by Mr,Reed and passed unanimously.
REQUEST OF'LARMY WILLIS
be tabled until either
Mr.Larry Willis of Willis Farms of Shunpike Road stated he needed permission to
strip top soil from his farm.
He ssid he had been UnBloIElre that any permission W&S needed until he had mentioned
his plan while in the building for some~else.
Chairman Myette told Mr.Willis the requirement had been stricken from the new
Qrdinance!that in the nine years he had been on the Board a recent request from
Rene Berard was the first time anyone had asked for this permission.
•
•
•
ZONING BOARD OF ADJUSTMB;!iT
REQUEST OF !.AMY WILLIS (CONTINUED)
Mr.Willis sa~d he wished to sell sand and gravel to be obtained from an area of
about thirty acres.
Mr.Fayette said he felt the only rationale for having to obtain a permit for
this is to prevent a sand pit that could be a hazard.
Mr.Reed felt it to be a ease of doing what a person wished on his own property
just 1'10 long as it did not c:teate a hazard such as a pit.
Chairman Myette then called for a voice vote.
The Board voted unanimously to grant permission for Mr.Willis to sell sand
and gravel from his farm.
Mr.Fayette then moved that the lIleeting be adjourned.
Seconded by Mr.Martineau.
The meeting waB declared adjourned at 6,05 p.m •
•
•
•
ZONING BOARD OF ADJUSTMENT MEETING
FINDINGS Of FA,c:r
San Remo Realty
MARCH 18.1974
1st finding
•
Plan will improve the appearance of
the area and will lessen the encroachment
of 1189 by removing present surfaced area.
2nd finding -Plan presents a reasonable use of land
and is in keeping with the area.
3rd finding -Conforms with Section 13.60.
Dunn
1st finding -Addition is in no way a detriment to
the area and is a reasonable use of land.
2nd finding -Net harmful to surroundingll.
3rd finding -Conforms with Section 13.60 •
\
gQ1ilNG BOARD OF ADJUSTMENT FEBRUARY 25,1274
•
The South Burlington Zoning Board of Adjustment held a public hearing on Mondlly.
February 25,1974,in the Assessor's Office,Municipal Building,1175 Williston
Road,at 5,00 p.m.
~~S PRESENT
Richard Myette.Chairman,F'rederick F'ayette.Jr.,and Everett Reed
MEMBERS ABSENT
Robert Martineau and Alan Sylvester
Richard Ward,Zoning Administrator,Rene J.Berard.Jacqueline L.Marceau,
Bruce Ladeau,Kathleen B.Webb.David"J.Merrill,Jack Tabaka
Meeting called to order by the Chairman at 5'10 p.m.
A..FPEAL OF ErHAN ALLEN MOTOR LODGE,INQ..:.
Appeal of Ethan Allen Motor Lodge.Inc.,seeking a variance from Section 12.25.
Front yard requiremsnts of the South Burlington Zoning Ordinance.Request i"for
permission to construct an addition 40'x 24'in ei~e for purposes of serviag as
a dwelling unit,:to within sixty-seven (67)feet of ths required fX'Pnt yard,at
1611 Williston Road.
Chairman Myette 'read aloud the appeal,then called on Mr.Ward who presented
ssveral drawings of the proposed addition,He stated the area is pr"sently
zoned Business District A,lIith front yard set back requirem"nt of ~5 feet,
The existing building does not conform to this set back,The proposed plan is
to construct an addition to the pres"nt offic"by closing in the adjoining car-
port and adding on to this for liVing quarters,office tooe retain"d ss is.
Mr.Merrill stated he needs to live there in orderi~o operate the motel economi-
celly,He puts 'in an average of 117 hours a week,~oee not pay to hire help for
a motel this size,to have the mot"l listed IIlth AAA and other organizetiOn.he
must prOVide 24-hour service.Therefore it ie more practical and economicsl for
him to live adjoining the office.
He explained the reason for the 67 foot setback by saying if he went back the 75
feet there is a 'chimney in the lIay,.IIlSking construction lQuch 1I0re expensive,
would in fact be more desirable to build closer to the road than 67 feet.
He said the roof line would be the same as the pressnt buildi~,will be a
colonia1 looking building III th clapboards.The present carpoJ,'t wi 11 be lltIlde into
a dining room,family type room,with access to ths office.He has to be next to
the office,building way in back would not serve the purpose.
After studying the drawings,the Board could .ee no problems involved in this
plan.
Board voted \1Mnimouely to approve this appeal.
FEBRUARY 25,1974
•
-.
~ING BaARDOF'ADJUSTMEm
APPEAL Ol"IlRUCE,R,LADEAU
Appeal of Bruce'R.Ladeau Beeking a variance from Section 5.21,Frontage require~
ments of the So~th Burlington Zoning Ordinance.Request i8 for permission to set
off a lot containing approXimstely two and one half (21)acres with a lot frontage
of twenty (20)feet at 1539 Hinesburg Road.
Mr.Ward said this area is zoned Rssidential District A.and is located on
Hinesburg Road opposite Van Sicklen Road,Section 5.21 requires a lot frontage
of 150 fset,Mr.Ladeau had been granted a variance for th1e in 1972 but it
expired whlle he was trying to get approval from the State Environmental Protection
Division.
The State EnViI'Qnmental Agency has now issued a permit to Mr.Ladeau.finding
that the sol1 1$adequate for_oil-site sewer disposal to allow a sub-diVision of
thefivw acre lDt into two 21 acre lots.Mr.ladequ plaDlI to build a Il1ngle
family (welling on one lot,
Mr.Ladeau stated that when he received the previous variance he had agreed that
no a<;idi ti ana 1 building would take place.
Chairman Myette asked if the driveway would be shared aM Mr.Ladeau replied he
thought so,ae he would hate to disturb the existing treee.
Mrs.Marceau,stating she wae a neighbor of Mr.ladee.u's.With land bordering
on the south and west,wished to know the location of the house and the septic
systeill.,She would prefer not to.have the septic system draining on their land
because they cut hay,all alfalfa,there.Some of the area is too wet to.ow and
they don't want any septic system runoff added to it.
Chairman Myette reassured her that the sewage would not surface if syste is put
in properly.They took the best percolation area and with goodpercola tion there
should be no problem.
Mrs.Marceau then asked the distance of the leach 11ne from their property.
Mr.Ladesu rep11ed the closest he could come to any lins would be 15 feet and he
would certainly be well back from that,that with the percolation and the room
he has to locate ths syatem in,there ehould be noprobleJll.
Mr.Myette .ealdthat the loamytopsoll,with 15 minute percolation per inch,
should cause no difficulty.
Mr.Myette also .explained to Mre.Marceau that it would be a Violation of the
State health laws to have any runoff.The Board can't tell Mr.·Ladeau Where to
put his septio system as long ae it is within 15 feet of the property line.If
there should be any future violation or problem,cOllplaint would have to b.IIIBde
to the City Health Officer and not to the Zoning Board.
Mrs.Marceau then asked.about the poasibility of any more building b.allowed on
the property.
Mr.Ward explained that for the owner to set off another parcel,he would have to
go through the Planning COJIlIft1s&1on and a public hearingl this would be better
protect1on for the Merceaua than any covenant.If both jiart1ea were tolilell to
a third or fourth party,any neW owner would have a pretty diffiCUlt t1Jle getting
a State permit to build..
Chairmen Myette then called for a vote.
The Board voted unanimoualy to.approve this variance,
-,"•
••ZONING BOARD OF ADJUSTMENT
REQUEST BY RENE BERARD TO RplOVE FILL FROM HIS LAND
FEBRUARY 25,1974
The Board voted unanlll1ousl,r,to grant the ,
Mr.Ward explalnlld that the ordlnanlle provldes that ln such cases the OllDsr must
request speclal approval from the Zonlng Board of Adjustlllent.Mr.Berard ls
requestlng permtsslon to remove top so11 from hls farm on Ethan Allen Drlve.
Mr.Berard corrected Mr.Ward,saylng lt 15 not top so11 he II1shes to take aw.y,
but the fill (sand)undemeath.He had origlnally planned to develop the whole
anal part of the ares ls too hlgh and sandy.He prOpO"e$to remove the top eon,
get out the lland,then replace the top so11 at a lower level."
He hllll no market for the aand right now bUt will probably BellU tohslp on taxes.
Mr.Myette asked Mr.Berard lf he would lltock-plle 1 t.
Mr.Berard sald he planned to keep it doplng downgraduaUYI no de.ngerous pll1ng
that could OBUlle s tragedy such as occurred ln Coleheshl'.'."
Mr.Ward eouented that the new ordlll$nce 11111 lnvolvequarrylngl that quarr1es
11111 have to hsve approval.
He also sald thl11 case dld not call for a varianoe.simply .Pproval by the Board.
Mr.Reed then 1Il0lled that 11011.take out
sOllle of the fill,andr:r:-:e~:;:::::-~~l'7:~~:;O::~~"":::~~:':-:~~~;.!J~t~e~'~a'=n";;d='a~8~:='::'
ue8 m..,.
s was llecon by Mr.Fayette.
request.
Mr.Ward then s~1led thlll 16 a llpeelalapproval.not oonlllder\t4a 'speolal
exe~t1on.
Mr.l'iyeth ccmsld~r,ed this to be under the quasl-judlcial lltatU8 of the Boardl
lf lt does not'requlre zoning,then lt falls outslde of the normal function of
the Board.
M:I:.Wardthenexpla1ned 'to the Board MlllIlbers the procedure that 11111 take place
lf lnterilll zonlng plilcomell nel'e8llSry.the time sequence,etc.
Mr.Reed moved that the meetlng be adjourned.Seconded by Mr.Fayette.
Meeting adjourned at Sl4S',p.lll.
--..
I ..
."_.f
-,•ZONING BOARD QF ADJUSTMENT MEETING.'DJmUMl.Y 25.1974
-.
•
FINDINGS OF FACT
Ethan Allen,Motel
1st finding -The addition will not adversely affect
the area,also represents a reasonable
use of property.
2nd finding -Economic hardship for motel operator
due to fact that living away from
business does not provide 24 hours
coverage.
3rd finding -Conforms with provisions of Section
13.60.
Ladeau
1st finding -Hardship involved due to fact that
present lot frontage could not provide
minimum frontage required to both lots.
2nd finding -Not ,detrimental to surroundings,creates
reasonable use of in-depth land.
3rd finding -Conforms with Section 13.60•
ZONING BOARD OF ADJlJSTMENT ~EErING
----~-~...............--~
~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 Monday,January 21,1974.at 5:00 p.m.
Richard A.Myette.Chairman;J.Everett Reed and Robert M.Martineau
Alan Sylvester and Frederick J.Fayette.Jr.
OTHERS PRESENT----------
Richsrd Ward,~oning Administrator:Richard A.and Bonnie B.Anderson.
Donald Kerwin,Homer DuBois;Roland A.Benoit and Jack Tabaka
•
•
Chairman Myette opened the meeting at 5,05 p.m •
APPEAl OF HCMER DUBOIS
-~-.....-..........~......................._~-
Appeal of Homer DuBois seeking a variance from Section 5.10,Use regulations
of the South Burlington Zoning Ordinance.Request is for permission to convert
an existing dwelling to include an efficiency apartment on a parcel of land
located at 1416 Hinesburg Road.
Appeal was read aloud by the Chairman.Mr.Ward presented a drawing of the
proposed alteration showing the flocr plan and stated the district is zoned
Residential District A.prohibiting anything but a single family dwelling.The
upstairs is occupied and the plan is to convert the downstairs to an additional
apartment.Downstairs is at present unfinished.Area is still zoned for single
family dwellings under the proposed new ~oning ordinance.
Mr.DuBois explained his reason for the appeal for variance.His farm manager who
had been living at 1375 Hinesburg Road was burned out the day before L~ristmas.
2.
ZONING BOARD OF'ADJUSTMENT MEE.'l'IlIG---...--....---..-....---
•~P~L£L!!.QME;R DUBOIS I COllTIli~
It is not practical for the manager to be living very far away from the farm,
also his wife is expecting a child;making an apartment for them in the dwelling
at 1416 Hinesburg Road would be convenient for all.
Mr.Martineau asked if there have been any plans to restore the burned house,
and was told it would be done within three months,abut that the proposed apart-
ment could be done very soon.
Mr.DuBois repeated that it was most essential to have the manager living right
there in order to oare for the farm properly.
Mr.KerWin of 1420 Hinesburg Road said he was unaware of the hardship angle when
he first heard about the propolSoo alteration,but was afraid the variance would
pe~~it the continued use of the property as two-family after the hardship case
was l\lleviated.
•Chairman Myette stated the E,oard could stipulate that the property would revert
back to single family.
Mr.Kerwin said he didn't feel tenants would be as oonoerned l\bout surrounding
neighbors as owners would be;there have been a few problems with present tenants
in the house;these would increase with the additional apartment;would be
increased traffic.His own house is next house on the south.
Mr.Anderson stated he lives in the next house to the north at 1410 Hinesburg
Road;that he wished to echo Mr.Kerwin's sentiments.A permanent apartment in
that erea would mean the house would always be rented and that the structure
would deteriorate without o>mer occupancy.He would have no Objection to e
temporary rental situation.Both he and Mr.KerWin have spent considerable time
••
imprOVing their own properties.
Mr.Kerwin said he didn't think the soil would be capable of supporting an in·
creased load on the septic system.Would have a financial impact on the surrounding
area by reducing the property values.He could also envision the demand for
more apartments or a higher density for the area if there is already a two-family•
ZONING BOARD OF ADJUSTMENT MEaTING-_.........................
3.
JANUAHI 21,1974
•
•
house there.
Mr.DuBois stated it would not be practical to invest the money in this apart-
ment if it were only to be used temporari~y.In regard to the septio system,
he stated there is a 1,000 gal,tank,with a filter bed about 30'x 40'and 4t
feet deep,gravel and rock.
Mr.Martineau asked how many people lived upstairs and Mr.DuBois replied there
are three adults,not employees of his.
After discussing the request among themselves.the Chairman called for a vote
by the Board.
The Board voted unanimously to refuse to grant the request for variance.
It was moved by Mr.Martineau and seconded by Mr.Reed that the Minutes of
November 21.1973.and the Minutes of December 17,1973 be approved.
It was moved by Mr.Reed and seconded by Mr.Martineau that the meeting be
adjourned.
Meeting was adjourned at 5135 p.m.
ZONING BOARD OF.ADJUSTMENT MEETING JANUARY 7,1974
•Thc Soutt,Eurlitlf',ton Zoning Board of Adjustment held a public
hearinf,at the City Offices,Conference Room,1175 Williston Road,
South Burlington,Vermont on Monday,January 7,1974.
Vice Chairman Martineau opened the meeting at 5:00 p.m.
MgMBgRS PRh:SENT
Vice Chairman Robert Martineau,J.Everett Reed,Alan S:"lvester and
Frederick J.Fayette,Jr.
MEMBERS ABS8NT
Richard A.Myette,Chairman.
OTHF:LS PRESENT
Mr •.James Lamphere,Robert Cooper,Charles Diggle,William Murray,
4It Raymond Unsworth,Bert Pecor,Jack Tabaka,Free Press Reporter;
and Richard Ward,Zoning Administrator.
APPEAL OF WICKES CORPOR~TION (Tabled from December 17,1973 meeting)
Appeal of Wickes Corporation,Attorney Donald O'Brien seeking a
variance from Section 9.90,Display and storage reqUirements o.f the
South Burlington Zoning Ordinance.Request is for permission to allow
exterior storage of building materials,at the proposed Wickes
building,Shelburne Road.
Vice Chairman Martineau recapped the presentation as it was presented
on December 17,1973 for the Dsnefit of Mr.Sylvester who was not
in attendance at thf>last !llfJeting.
Mr.James La~phere representing the Wickes Corporation then explained
•the changes in tha plan as they proposed them.he informed the Board
that for sCl'eeninf','iJickes would erect a chain link.fence with redwood
material weaved wit',in th0 fence and that additIonal 8 foot white pine
•
•
ZONING BOARD OF ADJUSTMENT MEETING JANUARY 7,1974
APPEAL OF WICKES CORPORATION,CONTINUED
trees would be planted,spaced approximately eiehty"J80)feetapar:t~,
For lighting they plan to use three wall mounted l~gpts,these are
directional and with shields -these lights produce very l1t'tlil
glare and are adjustable.
QuestJ.ons were raised about the height the lumber would be stacked.
Mr.Lamphere informed the Board that the piles should not exceed
8 feet.
Vice Chairman Martineau entertained quest'ons and comments from
those present.
Mr.William Murray,of Pine Haven Shore,requested that the Board
consider additi6nal plantings along the south property line in order
to screen the residential area of Pine Haven Shore.He suggested
that maybe saplings might be planted in order to keep the cost down.
Mr.Raymond Unsworth,owner of adjoining property to the north also
stated that the plantings were minimal and he would like to see
respacing of some of the pine trees.
The Board then offered comments.Mr.Fayette stated that the Board
agreed in the past th~-_tt the proposed use is appropriate in this area.
That Wickes has made an effort in attemptin[':to screen the entire
property.He (F'ayette)does feel that the trees should be planted
40 feet apart and rearranging is a way to do this.
Mr.Lamphere agreed to this if the Board were to consider it as a
condition.
2.
JANUARY 7,1974
•
•
ZONING BOARD of ADJUSTMENT MEETING
APPEAL OF WICKES CORPORATION.CONTINUED
There being no opposition or further discussion,the Board voted
unanimously in favor of granting the variance with the following
stipulations:
1.that an additional six (6)white pine trees be planted
and others along the south line be arranged in order
to double the screening effects,and
2.that the maximum height of stacking materials be eight
(8)feet.
Findings of Fact
1st finding -This type of business requires outside
storage -storage area 1s properly screened.
2nd fInding -Reasonable Use of land,no specific area
designed allowing this use.
3rd finding -Conforms with Se.ction 13.60,with stipulations.
..I •
APPEAL OF BERT J.PECOR (Tabled from DecemJ;ler 17,197,3,meeting)
.:",'.'\-
Appeal of Bert J.Pecor seeking a varis.nce from Section 8.10,Use
Regula tion (Subsection 2)of the South Burlington Zoning"Ordinance.
Request is for permission to establish a mobile home sales and
service business on a lot located at 3060 Williston Road.
Vice Chairman Martineau informed the Board that Mr.PeCOr has
returned with a more definative plan,showing the proposed roadway
and location of the mobile homes.
Mr.Pecor presented the Board with the following information:
his driveway is ~o be 30 feet wide off the main road and then taper
to 20 feet toward the back section of the lot,this would be a blaCk-
top surfaced road;he would display a total of 20 units,three would
•be visible from Williston Road,the others are screened by a large
evergreen hedge;to the east of his house he would relocate his
,
present offi"e bU~lding.He plans underground power to the trailers.
He informed th~Board that he received a variance sometime ago
allowing him to operate his business to the west side of his home,
he has since sold this parcel of land.
All units will be saleable,none will be stored or .occupied.
•
ZONING BOARD 02 ADJUSTMENT MEETING
APPEAL QF BERT PECOR.CONTINUED,
J ANUA,EY 7.1974
4.
•
Mr.Martineau stated he was concerned about the overall implication
of his (Pecor)relocating the business.He questioned the construction
of the roadway as to when it would be completed.
Mr.Pecor stated he planned to have all the construction work completed
before Apr!.l 1,11974 and planned to move from Dorset Street beforE!
May 1,1974.
Mr.Fayette questioned Mr.Pecor about displaying more than 20 units
as shown on the plan.He proposed a condition that if this variance
is approved no more than 20 units would be displayed and that if
in the future ad<;Jitional units were planned the additional display
would be approve<ft by the Zoning Administrativ~Off1c~l';·,.'
,
Mr.fecor agreed to th1s condition.
There being no further diSCUSSion,the BO/ard voted.1.\Uanimously in
favor of granting the variance,with the stipulations:that the
roadway be constrUcted prior to relocating any mobile homes,and
that any more than a 20 trailer displa.y must be submitted to the
Zoning Administrative Officer for approval.
Mr.Martineau also explained that this variance involves land use and
therefore,must r~ceive'City Council approval.
Fibdinfs of Fact
~1st finding -Conforms with Section 13.60 with stipulations.
2nd finding -Reasonable location for proposed use -Hardship
involved because present lillcation is no longer
available.
JANUARY 7,1973
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ZONING BOARD OF ADJUSTMENT MEETING
APPEAL OF BEET PECOR I CONTINUER
3rd finding -Use is not designated within any zone of the
City.
Being no further business to come before the Board,Mr.heed
motioned to adjourn,seconded by Mr.Sylvester and so passed.
Board adjourned at 5:45 p.m.
Minutes recordeo by Richard Ward,Zoning Administrative Officer
5.
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~~G BOARD_m'ADJUSTMENT MEETING DECEMBER 17,1973
4IIt The South Burlington Zoning Board of Adjustment held a public hearing at the
South Burlington City Offices,Conference Room,l175 Williston Road,South Burlington,
Vermont,on Monday,December 17,1973,
Chairman Myette opened the meeting at 5,15 p,m,
MEMBERS PRESENT
Richard A,Myette,Chairman I Robert M.Martineau,Frederick J.Fayette,Jr"and
J.Everett Reed
~ERS ABSENT
Alan Sylvester
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Richard Ward,Zoning Administrator;Jack Tabaka,Herman Lash.Gordon L.Wright,
Bert Pecor,Charles niggle,William Murray,R.F.Cooper,James Lamphere,Bernard R.
and Rosalie D.Hammond.Emery Victory,Ray Pecor.Jr.,Ray Unsworth,and Donald F,
Beaun
~L OF GORDON WRIGHT
Appeal of Gordon Wright seeking a variance from Section 12.90,Nonfioonforming use--
alteration of the South Burlington Zoning Ordinance.Request is for permission to
convert an existing apartment building into a retail shop (d/b/a Things,Ino.)
looated at 1475 Shelburne Road.
Chairman Myette read the application alOUd,then called on Mr.Ward for details of
the proposal.Mr.Ward stated the area is zoned for Business District A,retail
shops allowed.Building is presently under variance allowing four apartments.
Building itself is non-conforming only in regard to set back--only 56 feet.Mr.
Wright plans to close out his shop,Decorati.ve Things,now located at 1355 Williston
ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 17,1973
APPEAL OF GORDON WRIGHT,CONTINUED
•Road,and mOVe the business to 1475 Shelburne Road,He expects to spend $14,500
or $15,000 in alterations which would exceed 25%of the fair market value of the
building,
Mr,Gordon Wright stated Decorative Things would move into the building,either
taking all of the building if the economy goes along well,or,if it is limping
along,they would like to hold on to one apartment in back and put the store in
front,They would also like to winterize the garage,heat it,and turn it into a
amelI retail area which could be rented out,possibly for antiques,Prime purpose is to
move Decorative Things into the building and eventually take OVer all of it,
Would repaint the exterior,change entrance and have more glass area in front,When
asked about the porch,he said that would be kept as he feels it adds to the charm
of the house,Would gut the inside of the house to turn it into a store,
The Chairman asked about curb cuts,and Mr,Ward indicated on the draWing the two
4It curb cuts,with driveway going all the way around the house,
Mr,Wright added that with both an entrance and exit,they could operate much more
smoothly,partiCUlarly with delivery trucks unloading merchandise,
The Chairman said he felt that because the Members are not traffic experts,·a traffic
plan should have the approval of the City Engineer,
Mr,Martineau raised the question of conforming use Or non-conforming use in regard
to retaining an apartment in the bUilding,
Chairman Myette told Mr,Wright that if he wished to retain an apartment,that
would be a non-conforming USe and would require a separate appeal,
Mr,Tabaka of the Free Press aSked about the garage;would Mr,Wrighthave to appeal
again for that?
Mr,Wright said the garage idea had just materialized,too late to be inCluded in
the appeal or warning for this meeting,•
ZONING BOARD OF ADJUSTMENT MEEI'ING DECEMBER 17,1221
APPEAL OF GORDON WRIGHT,CONTINUED
•The Chairman stated the Board has to be very careful about the interpretation of
any appeal,
When asked his reasons for wishing to move his business,Mr,Wright said they had
been looking for a long time for something with good architecture that they could
buy,Are now renting and would prefer to own;also need more room for expansion,
They plan on moving by late spring,
Mr,Fayette suggested that if application is approved,it should be with the
stipulation that the City Manager approve the driveway,curb cuts,and traffic flow,
The Board voted unanimously to approve the application with the above stipulation,
APPEAL OF BERNARD AND ROSALIE HAMMOND
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Appeal of Bernard and Rosalie Hammond seeking a variance from Section 5,21,Frontage
requirements of the South Burlington Zoning Ordinance,Request is for permission
to construct a 26'X 42'single family dwelling,on a lot containing 120 feet
frontage and a variance from Section 5,40,Yard Requirements,dwelling to be located
Within thirty-five (35)feet of southerly property line and within forty-three (43)
feet of northerly property line.at 1430 Hinesburg Road,
After the Chairman read aloud the application,Mr,Ward explained the lot was eet
off prior to the zoning ordinance when it was owned by Dubois.The Hammond bought
it in 1969,The lot has 120 feet of frontagel ordinance requires 150 feet.As
against the side yard requirement of 50 feet,the proposal would allow 35 feet on
south side and 43 feet on the north,by centering a single family dwelling 26 feet
by 42 feet on the lot,The~ea is zoned for residential use,
The Chairman stated that once again the Board has a situation wherein a lot was
set out before the 1965 Ordinance,creating a substantial hardship on the owner of
the land,
Mr.Einery Victory,representing the Hammonds,explained that while it would be
possible to purchase land out in back,it wouldn't helpl neither would it be practical
to bUild a house any smallerl will be a ranbh house,There is adequate area for
•
ZONING BOARD OF ADJUSTMENT MEETING
APPEAL OF BERNARD AND ROSALIE HAMMOND,CONTINUED
4.
DECEMBER 17,1973
•
Mrs,Hammond said they had owned the land and paid taxes on it long enough but
could neVer afford to build before,
Mr,Hammond said the lot is now a jungle and an eyesore and would look much better
to have a house on it.
The Board voted unanimously to approve the request for variance.
l1'PE:I\L OF THRESHOLD HOUSE
Appeal of Threshold House seeking a variance from Section 8.10,Use regulations of
the South Burlington Zoning Ordinance.Request is for permission to operate a
private institution,offering accommodations for approximately twenty-five persons,
at the Durgin property,100 Allen Road,
The Chairman announced that this request has been withdrawn.
APPEAL OF BERT J.PECOR
Appeal of Bert J.Pecor seeking a variance from Section 8.10,Use regulation
(Subsection 2)of the South Burlington Zoning Ordinance.Request is for permission
to establish a mobils home sales and service business on a lot located at )060
Williston Road.
Requeet read aloud by Chairman Myette.
Mr,Ward stated area is zoned Businees District B.Proposal ie to relocate hie
trailer sales from Dorset Street and Williston Road to his Williston Road property
•located easterly of )060 Williston Road.Would relocate a )0'X 26'building to
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.h
ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 17,1973
APPEAL OF BERT J.PECOR,CONTINUED
serve as an office.Would set up a display area for 21 mobile homes.This is land
where he presently lives.He sold a section of the property a year ago.
The Chainnan asked if this use is allowed in the new ordinancel Mr.Ward replied it
is not mentioned at all in the new ordinance.
The Chainnan said in the past he has interpreted "sale of new and used motor vehicles
exclUding trucks and trailers"to mean trailers pertaining to trucks.Mr.Fleed said
he would alao interpret it as meaning trucks and trailers for trucks.
Mr.Myette asked Mr.Pecor to explain his request.
Mr.Pecor stated he had been in business for twenty-seven years at the corner of
Dorset Street and Williston Road.They are adding on to the laundry next to him.and
because he does not own that land but does own the land where he wishes to relocate
which will give him much more room,he feels he will have a much better location for
mobile home sales.Owns nine acres behind his house.
When questioned about a lease at his present location,he replied he has no lease,
just ninety days.Has to be out by the first of May.
Mr.Ward had presented a drawing of the planned use of the lot.
The Chairman said he did not consider this a site plan at all.
Mr.Martineau felt a site plan should be submitted showing actual physical layout
of trailers.utilities,roads.etc.
Mr.Pecor said the drawing was sealed I"to 40'and allows for 60'trailers.These
trailers will vary from 40'to 70'.Would have a paved road I perhaps an electric
line going underground.
When asked for lighting plans to prevent vandalism,he stated he lived on the
property and would have a chain across the blacktop road I would be no vandal1.sm.
Chairman said he felt his proposed plan lOOked like a long trailer park and that the
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6.
ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 17.1273
APPEAL OF BERT J.PECOR,CONTINUED
land sold to the automotive people is certainly not representative of what the Board
wants to see on Williston Roadl that while the Board might give consideration to the
urgency of the move.the May 1st date should give Mr.Pecor plenty of time to pre-
sent a better site plan.
Mr.Pecor said hh own home is there and he considers it pretty neat,he doesn't
keep junk around itl he doesnot plan to have junk trailers or anything to hurt the
appearance of the property.
Mr.Fayette said he felt the Board should first consider whether this is a type of
use that will fit into a Business B area,and fit into a piece of land of this size.
Then the Board would have to have plans before it could move further.
Mr.Reed asked if the trailers would be down in front,or would they be far enough
back from the road?
Mr.Pecor's reply was that they would be 125 feet back.according to the drawing •
The Chairman said he personally could not even consider this proposal at tonight's
meeting without more detailed plans and more specifics as to what Mr.Pecor plans
to do out there.
Mr.Reed made a motion that Mr.Pecor's appeal be tabled until the next meeting in
order to give the applicant more time to get better plans together.
Motion eeconded by Mr.Fayette.Motion passed by the Board to table until next
meeting.
APPEAL OF'WICKES CORPORATION
Appeal of Wickes Corporation,Atty.Donald O'Brien seeking a variance from Section
9.90.Display and storage requirements of the South Burlington Zoning Ordinance.
Request is for permission to allow exterior storage of building materials,at the
~proposed Wickes building,Shelburne Road.
DECEMBER 17,1973,.ZONlNG BOARD OF ADJUSTMl£NT MEETlNG
APFll:AL OF WICKES CORPORATION (CONTINUED)
~The Chairman explained this appeal had been delayed until last,hoping that Mr.Wickes,
who had been delayed by the weather,would arrive,He then read aloud the request.
Mr.James Lamphere,agent for Wickes Corp.,said he could not discuss the operation
of the yard as well as Mr.Wickes would have and regretted his absence,
Mr.Reed wondered if the request w;!.s an emergency.The Chairman suggested they H!!ten
to what evidence was available and if insufficient for a decision,the matter would
have to be tabled.
Mr.Ward,presenting photographs and a drawing to the Board,said the last presentation
made by Wickes was for permission to operate from that particular location;that there
would not be storage in that area for any length of time.They didn't want to be put
on a spot to give an exact time of storage.Different amounts of material come in
•
and get placed around or sold.Material can't stay out too long because of weather.
This new request concerns use of the lot and the problem of sound.They are talking
about sheds like those in the photographs.
Mr.Lamphere said the three-sided storage shed is a matter of economics.If they do
enough business to warrant a second shed.would put it in.
William Murray and Ray Pecor.Jr.both expressed concern as residents of Pine Haven
to eliminate
Shore area that there would be sufficient screening/undesirable views and sounds for
area residents.Similar conoern was expressed by Ray Unsworth who owns adjoining
property zoned for mUltiple dwelling residential use.Also the matter of a future
Velco installation in the area was brought up.although it was acknowledged that
Wiokes could not be forced to screen a future Velco grid.But the neoessity for
proper protective screening was reoognized by the Board.
Mr.Ward said no outside storage is to be allowed in the new ordinance except with
•
Council approval.They would want to approve it when they approved the site plan.
Mr.Fayette mentioned at the time of the first request of ~iokes.the Board found
there was no area for lumber retail sales in South Burlington.This request before
the Board now is more a technicality than going into zoning for a more restricted
use.Actually more important,And the ordinance does specifically say construction
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ZONING BOARD OF ADJUSTMENT MEE:I'ING
APPEAL OF WICKES CORPORATION (CQNTINUED)
~EMBER 17,1973
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equipment and yard.
Ray Pecor mentioned Georgia Pacific arrangement where all loading and unloading is
done inside,that he was happy with that,but still concerned that Wickes be required
to protect the neighborhood with screening,Mr.Unsworth pointed out the areas he
was particularly concerned with as a buffer zone between commercial and residential
property.
Mr.lamphere mentioned heavy growth on the north side already there,but that they
would prOVide whatever other plantings were required;also that part of the ana is
fenced in.In answer to a question,he said there were no plans as yet for lighting.
Mr.Ward said there had been a management changeoverin the home office,resulting in
different ideas about required storage.He was told the cost of this all-steel
storage shed would be $30,000,
Chairman Myette suggested that tentative approval could be given pending a Isndscape
plan and a lighting plan.that the concept of the outside storage be acoepted
pending the shOWing of how they would handle the soreening and outside lighting;
that a plan be submitted to the Board and if the Board found it neoessary to negotiate
at that time,it would have to be delayed further.
Mr.Fayette felt the long stretoh of fenoe should be broken up with some planting.
J,peration
The Chairman said he felt this would have something of a detrimental effect on that
residential area,even with soreening.
Mr.Lamphere asked the date of the next meeting and was told it would January 7,1974.
The motion was made by Mr.Martineau and seoonded by Mr.Reed to table t<he request
of Wickee Corporation pending additional plans for lighting and landscaping.princi-
pally screening.
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ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 17.1973
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Mr.Reed moved that the meeting be adjourned and Mr.Martineau seconded the motion.
The Chairman declared the meeting adjourned st 6.40 p.m •
--
•ZONING BOARD OF ADJUSTMENT MEETING
FINDINGS OIl IIACT
HAHMOND
",:
DECEMBER 17.1973
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1st finding -Lot set~off prior to 1964 ordinance.
2nd findin~-Reasonable use of land.
3rd finding -Conforms to Section 13.60.
WRIGHT
1st finding -Reasonable use of the property,conforms
to proper zoned use.
2nd finding -Set back established prior to nf!w 75'
requirements.
3rd finding -Conforms with ~ection 13.60.
ZONING BOARD OF'ADJUSTMENT M~ETING--------
".,------'..~.~~',_,~..t.-..--..,~'----".'_"
!!~ER_2l,19U
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The South Burlington Zoning Board of Adjustment held a public hearing at the
South Burlington City Offices,Conference Room.1175 Williston Road,South Burling-
ton,Vermont,on Wednesday,November 21,1973.
Chairman Myette opened the meeting at 7130 p.m.
Richard A.Myette.Chairman I Rebert M.Martineau,J.Everett Reed,Alan Sylvester.
MDlBERS ABS~:
FrederiCk J.Fayette,Jr.
Richard Ward,Zoning Administratorl Mrs.James E.Simpson,PaUl Marcott.Raymond
Bessery,R.M.Foley,Jack Tagata.stu Ireland •
APPEAL OF SAM REMO !!!!iALTY CORPORA..TIQ!i
Appeal of san Remo Realty Corporation seeking a variance from Section 8.70.
Accessory Building ReqUirements of the South Burlington Zoning Ordinance.
Request is for permission to construct a 30'x 60'storage building to within
five (5)feet of the southerly property line.at the Pizzagalli Warehouse Yard,
san Remo Drive.
After the request was read aloud by the Chairman,Mr.Ward explained the area is
zoned Business District B.and requirements are that no building shall be con-
structed to within twenty-five (25)feet of any rear or sid,e yard line,nor
occupy any space other than rear yard.Property has a litt1e more than two acres
and ie occupied by a warehouae containing 10,080 square feet.This warehouse is
within five feet of northerly property line and eleven feet of westerly property
line •
ZONING BOARD OF ADJUSTMENT MEEIJ'ING
APPEAL OF SAN RJi}10 REALTY CORPORATION J.£QNTINUEDl~=-=--=~=--
NOV.2h.J:.2U
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The proposal is to construct a one story storage shed 30'X 60'to be open cn
the frontl backa up to the Bchool property (will abut the new proposed be.seball
:field).
The Ctlairman then caned on Mr.Marcott of san Remo Realty who explained they
are already using the yard for storage and would actually be roofing over this
present etorage area and would make it much more attractive from the outside ae
Viewed from the school eide.Would be used for storage of ;0 gal.barrels of
liquids.wall tiles.bags of concrete -cement,materials that should not be stored
outside in the weather.
The Cful.irmen asked what the setback is to be under the new ordinance.Mr.Ward
answered it is to be 2;feet.The Chairman expressed the opinion that the B~rd
shOUld ask the Planning Commission to reconsider this setback requirement.
The Chairman then questioned Mr.Marcott as to the necessity for the requested
variance.Mr.Marcott replied their yard seemed to be getting smaller all the
time.F'urther questioning brought out that the property is several hundred feet
from the Middle School;no fire lane problem,the Water Department is between
them;the propolled warehouse will be unheated storage.
There being no further Bupport and no 0ppollition.the Chairman called for a vote.
The Board voted unanimously to grant the request for variance.
APPEAL OF STUART ~ND.AGENT
Appeal of Stuart Ireland.Agent seeking a varianCe from Section 5.20.Lot area
requirements of the South Burlington Zoning Ordinance.Request 18 for permisBion
to construct a single family dwelling on a parcel of land containing 38,913 square
feet,located south of 1855 Spear street.
Chairm!ln read aloud the request for variance.
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ZONING BOARD OF ADJUSTMENT MEETING
APPEAL OF STUART IRELAND,AGENT.(CONTINUED)
Mr.Ward presented a sketch of the building lot.This lot contains 38,91J square
feet and the lot area requirements for this area (Residential Distriot A)calls for
one acre minimum (43,560 equare feet).The request is to construct a eingle family
dwelling to be centered on the lot,dwelling size to be 84'x JO'.This property
had been granted a variance on July 17,1965,at the request of a previous owner,
Mr.Fred Smith,who never built on the lot.Lot presently owned by Mr.Potter.
Applicant lIishes to purchase the lot if the variance is granted.
Mr.Ireland then sholled the Board a colored picture (brochure type picture)of the
house he plans to build,explaining it will be eight feet smaller than the one
pictured because he had to cut back to keep the side line requirements.House to
be stone and brick,wood shingles,one and one~half story,dropping off in the beck
with some lIindows on the lOller level.Will be in the $95,000 price range and he
feels it lIill be a distinct asset to the neighborhood •
The Chairman asked what the setback from the road would be and lias told 50 feet
Which lIould line up,
Mrs.James Simpson of Spear Street asked if the previous variance was granted after
the Zoning Ordinance lIent into effect and lISS told that the ordinance was passed in
1964,lIith ths variance granted in 1965.
Chairman Myette eta ted at least a dozen varianoes had been granted on Spear Street
on lots less than an acre that were set aside before the zoning went into effect.
Mrs.Simpson asked for speoifio houses,lIith members naming the Campbell house,
also one south of Al Smith's.The ordinance created a numbsr of problems in that
area as most of the lots do not conform as they were set out prior to 1964.
Mrs.Simpson said they bought on Spear Street two years ago,they were 1t.old it was
strictly A-I residential area,no one could block their vi ell ,no one could build
or get any variances •
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ZONING BOARD OF ADJUSTMENT MEE'1'ING NOV.21,1973
APPEAL OF S1'UAR!IRELAND,AGENT (CONTlli~)
She felt that the danger of the Board granting variances year after year would
lessen the sale value of the prellent houses.They moved there from Flynn Avenuel
it is a neighborhood for people like themselves,not an area that would attract
the young married people.She does not wish to live in a development and does not
wish to see restrictions removed that would change the neighborhood.Lot speculation
should be discouraged.
Chairman Myette explained that refusing to grant the variance would be depriving
the prospective buyer from use of the land and would be depriving Mr.Potter a
reasonable use or sale of his land right now,
Mrll.Simpson felt lots in ths area should not be bought for the purpose of
speculation,that Mr.Potter must have been aware of the lot restrictions when he
purchased it.
Then she asked about what was planned to take care of the surface water,as her
house is downhill from the lot in question.
The Chairman replied it is out of the realm of the Board's responsibility to design
a drainage system and that Mr.Ward would look at all aspects of that before he
would issue a building permit.
Mr.Martineau said if the applicant was asking to be 15 feet away from the line,
he would look at it a little differently,but he ill going to conform to the
front and both side setback requiremente.The only thing that differs from the
restrictions is the size of the lot.and when the law superOedes some of the things
that are already there,that is one of the reasons we have variances.Obstruct-
ing a view does not come under the realm of the variance.
Mrs.Simpson repeated she did not want to live in a development and she felt the
Board had an obligation to the property owners more than to s speculative venture.
Mr.Myette said the Board would be creating an undue hardship on Mr.Potter,a
NOV.21,!2.Z1•.,
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ZONING BOARD OF ADJUSTMENT MEErr'ING
!~L OF STUART Igg.AND,AGENT (CONTINUED)
man with $1),000 or $14,000 tied up in land that he can't use,
Mrs.Simpson then questioned why anyone would buy less than an acre if they knew
she
they could build only on an acre and was told that someone else had owned that
lot before 1964.
Mrs.Simpson then wished to have Mr.Sylvester's opinion as a resident of the area.
Mr.Sylvester said it was strictly a question of fairnessl it fits perfectly within
the situation where a variance ehould be grantedl a variance had been granted in
1965.He did state,however,that he unhappy about the soil situation although
it doee not concern the Zoning Board.
Mr.Myette stated he believed the court would deny an appeal to overturn the granting
of the variance,if anyone decided to take the matter to court.
Mrs.Simpson then asked about open space.
Mr.Ward explained any development has to set aeide 15%of the development itself
for open epace.In Mr.potter's case it hae amounted to about 71 acres and he
will deed it to the town.There are still a couple more lote out that way.There
is nothing that can be done about them as it predates the zoning ordinance.
Mr.Martineau said the City would have to bUy the land.
Mrs.Simpson said she is still concerned aboutthe possibility of a development.
The Chairman then called for a vote.
The Board voted unanimously to grant the request for variance.
APPEAL QLRAYMOND P.BE~
Appeal of Raymond P.Bessery seeking a variance from Section 8.10,Use regula-
tiona of the South Burlington Zoning Ordinance.Request is for permission to con-
struct a second level addition,51'x 27'to be used for two apartments at
Leisure World,Inc.,1197 Williston Road.
2.:-
NOV.21.1973
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••_•••__.'0 __•-"_
ZONING BOARD OF ADJUSTMENT MEETING
APPEAL OF RAYMOND P.BESSERY
Appeal of Raymond P.llessery seeking a-'larisnce 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.
These above requests were both tabled at the meeting of the Zoning Board on November
7.1973.because Mr.Bessery lIsS ,-\nabla to attend the meeting.
Chairman Myette read aloud both requests.Mr.Ward then presented a drawing of the
property.He explained that three structures preeently occupy the lot in question.
Area is zoned Business District B.The building involved is a garage and office
complex.The proposal is to add another floor above to be used for two apartments.
Residential use is not allowed in Business District.Present building does not
conform to side yard requirements of 25 feet both side and rear.Property is
strictly non-conforming.
The addition would exceed 25%of the fair market value of the structure.
The Chairman asked about parking and Mr.Ward there lIould be plenty of parking,
the addition would only require two additional spaces.
Mr.Bessery assured the Board there would be more than adequate parking for the
two apartments and cars com:llng to the office,that he Would be creating no traffic
problem such as a restaurant or store would cause.He planned to dress up the
building.In the apring would pave the parking area and have it marked off in
spaces.
The proximity to the Municipal Offices and the Central School was discussed and
it wss brought out that there is a chain link fence along the back and the west
side is alao fenced.
z.....
NOV.21,1973
e/·
~G BOARD OF ADJUSTMENT MEll.'l'ING
APPEALS (2)OF RAYMOND P.BESSERY
The Chairman asked Mr.Bessery why he wished to extend the residential use of his
building in a commercial area.Mr.Bessery said the building is still existing there,
they have always had the apartments therel he was not asking to add to the building,
simply to put another story on.He didn't think it would hurt the property and it
would bring in more income which he needs with higher taxes and costs.Have four
apartments there now and two stores and felt the cost of two more apartments would
be justified.
Mr.Martineau asked if Mr.Bessery intended to occupy one of the apartments and
was told that he did not plan to right now,perhaps in the future he might.Right
now it is a question of getting more income from a small piece of land if he is to
survive and pay taxes for the next twenty yesrs.
Mr.Myette asked if there is substantial hardship involved,explaining to Mr,Bessery
that if he improves his property beyond a certain point,the Isss chance there is
of someone wanting to buy it from him,if a commercial developer wanted to buy it,
for instance.
Mr.Reed said he felt Mr.Bessery was not renovating,he was building up a new
structure which is different from renovating.
Mr.Bessery said he felt because the structure was there he was not creating a new
structure by putting apartments upstairs.He wondered if offices would be allowed
but not apartments.
The question of size of lot and the frontage arose and Mr.Ward checked and found
the lot to be 132'x 165'.
Mr.Sylvester then explained that the Board is only an appeal board,limited by
the Zoning Ordinance as to what can be granted snd what cannot,listing the criteria
which must be considered in making a decision.
The Members seemed to all agree that there would be no justification for the grant-
ing of this request for variance,
•
•
."
ZONING BOARD OF ADJUSTMENT MEETING
APPEALS (2)OF RAYMOND P.BESSERY,CONTINUED
Mr,Bessery then asked if he could build offices.
Mr,Ward said he lIould then have to have a variance for the setback,also for
parking spaces,
I'll',Martineau said there are already too lllIl.ny buildinge on the lot.
The Chairman then called for a vote,
The Board voted unanimously not to grant the request for variance,
Mr.Ward then broUght up the quntion of a change in meeting dates,
I'll',Reed made a motion that the Board Meet on the first and third Monday of each
month at 5100 p,m,Thia was seconded by I'll',Martineau and passed by the Board.
I'll',Sylvester then moved that the meeting be adjourned I this was seconded by
Mr.Reed,
Meeting declared adjourned by the Chairman at 8140 p,lII,
·•,
•~ONING BOARD OF ADJUSTMENT MEETINGS NOVEMBEB 21,1973
FINDINGS OF FACT
SAN HEMO HEALTY
1st finding -Best use of this property for the
particular application.
2nd finding -Meets the criteria of Section 13.69.
IRELAND
1st finding -Strict application of provisions
would deprive applicant of reasonable
use of property.
2nd finding -Lot set off prior to 196~Ordinance.
TABLED APPEAL OF BESSERY (November 7,1973)
1st finding.Does not meet criteria of Section 13.60.