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Home My WebLink AboutNV-07-03 - Supplemental - 0462 Shelburne RoadNovember 24, 2008 Smart Hospitality, c/o Anil Sachdev, PO Box 573 Barre, VT 05641 r!' ON��®�% southburlinp.ton PLANNING & ZONING Inc. Registered Agent Re: Zoning Violation — 462 Shelburne Road Dear Mr. Sachdev: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 44.49 (a) (1). Specifically, you have initiated the following activities on the above -described property. Changed the use of the motel at 462 Shelburne Road, by allowing non -transients to reside in units on a long term basis, without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Cease the unapproved use of the property at 462 Shelburne Road and return the use of the property to motel. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each .day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to. receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred eleven ($111) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sinc e aymond 7J. Belair Administrative Officer Encl. CC: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7008 0150 0003 6150 5201 Corporation Information Corporation Name SMART HOSPITALITY, INC. Corporation Status Active File No V-65203-0 Type Vermont Incorporation Date 05/28/2002 Corporation Description INN & MOTEL State of Incorporation VT Fiscal Month End 12 Registered Agent ANIL SACHDEV Address PO BOX 573 City State Zip BARRE VT 05641 President NEETU MALHOTRA Vice Pres ANIL SACHDEV Secretary UDAYAN DHOLAKIA Treasurer ANIL SACHDEV Directorl SAME AS OFFICERS Principal Street Address 462 SHELBURNE ROAD City State Zip SO BURLINGTON VT 05403 Last Annual Report 12/31 /2007 Terminated 05/25/2007 Reinstated 11/14/2008 Above accurate as of. 11/23/2008 lidomiation Contact ....................................................................................I Home I Site Search I Help ...................... Vermont State Page I Disclaimer This Web Page is may.1 http://cgi2.sec.state.vt.us/cgi-shl/nhayer.exe 11 /24/2008 L. BROWN & SONS PRINTING, INC. 14-20 Jefferson Street • Barre, Vermont • 05641 802-476-3164 • 800-486-1947 Fax: 802-476-3166 E-mail: Printlbdb@aol.com tx 5mas i i VIVA) �jo H- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 23, 2007 Sagar Gudipelly PO Box 4083 Burlington, VT 05406 Re: Summit Hospitality Dear Mr. Gudipelly: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, kckn Bets cDonough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 23, 2007 Kevin Beaupre Liberty Inn & Suites 462 Shelburne Road South Burlington, VT 05403 Re: Summit Hospitality Dear Mr. Beaupre: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, qQ)5-A4 Betsy McDonough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 23, 2007 Ernest Brown 7 White Place South Burlington, VT 05403 Re: Summit Hospitality Dear Mr. Brown: Pursuant to 24 VSA 4464(b)(3), enclosed please find a copy of the Development Review Board decision regarding the above referenced matter. You are being provided a copy of this decision because you appeared or were heard at the hearing. If you have any questions, please feel free to contact this office. Sincerely, l ?'tj Na T I'1 Betsy McDonough Planning & Zoning Assistant CITY OF SOUTH BURLINGTON Interested Persons Record and Service List Under the 2004 revisions to Chapter 117, the Development Review Board (DRB) has certain administrative obligations with respect to interested persons. At any hearing, there must be an opportunity for each person wishing to achieve interested person status to demonstrate compliance with the applicable criteria. 24 V.S.A. § 4461(b). The DRB must keep a written record of the name, address and participation of each person who has sought interested person status. 24 V.S.A. § 4461(b). A copy of any decision rendered by the DRB must be mailed to every person or body appearing and having been heard by the DRB. 24 V.S.A. § 4461(b)(3). Upon receipt of notice of an appeal to the environmental court, the DRB must supply a list of interested persons to the appellant in five working days. 24 V.S.A.n § 4471(c). HEARING DATE: 184 1 O�— NAME MAILING ADDRESS PROJECT OF INTEREST U S N Ile 7*11u -�C Po 13oX 13 ► c� Svr+A-P/..kp, sp>K- ' 7-t Ll°&3 S:.m,V,14 ri-tomry 609'qd�7*.--' vT 0 s ��b �-, 11A ov V W-- "eu�r-13 ti-�l L 2T c^ a 0 (-'i'12 [ c (t �`>RL ) e� I� G —or�t !�E F4 1% f1yC 4-� ttAX CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 August 23, 2007 Summit Hospitality, Inc. d/b/a Liberty Inn & Suites c/o Philip H. Zalinger, Jr., Esq. 140 Main Street Montpelier, VT 05602 Re: Appeal #AO-07-03 Dear Mr. Zalinger: Enclosed, please find a copy of the Findings of Fact and Decision rendered by the Development Review Board on August 21, 2007. If you have any questions, please contact me. Sincerely, tBetsDonough Planning & Zoning sistant Encl. CERTIFIED MAIL: 7006 3450 0002 0948 9182 Liberty Inn & Suites 462 Shelburne Rd- Burlington -VT- 05401 Phone# (802) 862- 5754 Home Welcome to Liberty Inn & Suites Amenities Rooms Enjoy a Relaxing, Meticulously Clean & Peaceful stay in one of 40 recently renovated rooms and suites. All rooms in one level, convenient parking at your door step, outdoor pool, remote controlled cable TV with HBO, Excellent efficiencies for families, corporate and long-term stays. Smoking & non- smoking rooms available with King and Double Rooms. Walking distance to your favorite restaurants & stores. Close to UVM, Hospital, Downtown & Malls. We are only three miles from the Airport. Take 1-89 Directions to exit 13 for 1-189 which ends at Route 7. Make a right turn 2 blocks on the right. Contact us @ (802) 862-5754. Attra cti o n s Contact Us Site Map Please continue to view our site for more Amenity details, Rooms, and Attraction information. Reservations call us at (802) 862-5754 or send a E-mail request. Home I Amenities I Rooms I Reservations I Directions I Attractions I Contact Us I Site Map Liberty Inn & Suites 462 Shelburne Road, Burlington, VT 05401 Phone# (802) 8625754, (802) 862.6755 Fax# (802) 660-0998 E-Mail: info(dlibertyinnandsuites.c_om SOUTH BURLINGTON PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 August 22, 2007 Philip H. Zalinger, Jr., Esq. 140 Main Street Montpelier, VT 05602 Re: Minutes - Summit Hospitality Dear Mr. Bouchard: For your records, enclosed is a copy of the approved July 24, 2007 Development Review Board meeting minutes. If you have any questions, feel free to contact me. Sincerely, Betsy cDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 July 19, 2007 Summit Hospitality, Inc. d/b/a Liberty Inn & Suites c/o Philip H. Zalinger, Jr., Esq., Registered Agent 140 Main Street Montpelier, VT 05602 Re: Liberty Inn & Suites Dear Mr. Zalinger: Enclosed is the agenda for next Tuesday's Development Review Board meeting and staff comments to the Board. Please be sure that someone is at the meeting on Tuesday, July 24, 2007 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. If you have any questions, please give us a call. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & 'ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM To: Development Review Board Fr: Raymond J. Belair, Administrative Officer Date: July 20, 2007 Re: Appeal #AO-07-03 Agenda #6 BACKGROUND 1) On June 8, 2007 the Administrative Officer was asked to accompany the City Manager in his capacity as Health Officer to 25 Hadley Road at the request of a resident of the building. Upon inspection of the property we observed that the building was under renovation (see photos). 2) The woman who was living in the building indicated that she had been living in the motel at 462 Shelburne Road until January at which time she was asked to move into the house at 25 Hadley Road. She has therefore been living on the property for more than six (6) months. 3) The rooms in the house had numbers attached above the doors to identify them as motel rooms. 4) Staff discovered on-line a description of another tenant's extended stay at the motel at 462 Shelburne Road on the Vermont Bad Business Bureau website (see attached). They indicated that they had stayed at the hotel for 42 days. 5) The property at 25 Hadley Road is authorized to be used only as a single family dwelling (see enclosed document from City Assessor's office). No permit has ever been issued to convert this single family dwelling to any other use. 6) On June 8, 2007, the Administrative Officer mailed Notice of Violation #NV-07-07 (copy enclosed) to the appellant informing them that they were in violation of the zoning regulations for: a) converting the motel/hotel at 462 Shelburne Road to an extended stay hotel without a zoning permit. b) converting the single family dwelling at 25 Hadley Road to extended stay motel units without a zoning permit. c) renovating the building at 25 Hadley Road without a zoning permit. -1- 7) On June 22, 2007, the appellant filed a Notice of Appeal #AO-07-03 (copy enclosed) appealing the decision of the Administrative Officer to issue the Notice of Violation. ZONING ISSUES 1. Section 17.02(A) of the Land Development Regulations states that "no land development may be commenced.... without a zoning permit issued by the Administrative Officer". No zoning permit was issued for a change in use to either 25 Hadley Road or 462 Shelburne Road to an extended stay hotel. 2. The definition of "land development" includes in part the following: "Land development shall not include any structural alteration or interior remodeling project that does not exceed five thousand dollars ($5000) in construction cost". No zoning permit has been issued for the renovation of 25 Hadley Road which exceeds $5000. 3. The definition of "motel" in Article 2 of the Land Development Regulations reads in part "a building or group of buildings which..... contains living and sleeping accommodations used primarily for transient occupancy to the general public on a daily basis for compensation....". The use of the property on a long term basis by non - transients violates the definition of "motel". 4. The definition of "hotel, extended stay" in Article 2 of the Land Development Regulations states: "A residential hotel containing (1) small furnished apartment type units rented on a short term basis each with a kitchen (including stove with an oven or a microwave oven, minimum twelve (12) cubic foot refrigerator, dishwasher, sink and cooking and eating utensils), bath, living space and separate bedroom/sleeping space, and (2) a common area which shall include three (3) or more of the following: business support facilities, guest only breakfast facilities, lobby, and recreation space and amenities; but specifically excludes public restaurant(s), cocktail lounge(s), and banquet meeting rooms containing more than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on a daily, weekly, and monthly basis and shall not be rented to the same occupant for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period". -2- SOUTH BU� _ )INGTON DEVELOPMENT REVIL W BOARD Minutes JULY 24, 2007 2. Minutes of 10 July 2007: It was noted that on p. 3, Stipulation #11, the working should read "provide appropriate mitigation." On the last line of the same page, the word "decision" should read" decisions." Ms. Quimby moved to approve the Minutes of 10 July 2007 as amended. Mr. Farley seconded. Motion passed unanimously. 3. Public Hearing: Preliminary Plat Application #SD-07-39 and Final Plat Application #SD-07-40 of Super -Temp Realty Co, LLC, for re -approval of a 35,000 sq. ft. light manufacturing building, 104 Bowdoin Street: Mr. Marshall reviewed other projects in this development. He noted that after the original approval was granted, the applicant decided to review the plan and did not get a building permit within the required timeframe. The new plan is slightly revised with the following changes: a. there is an additional loading dock in the southwest corner b. an at -grade access has been added on the east side (this will improve emergency access) c. an employee patio has been added on the north side. d. a transformer has been put in the southwest corner of the building and will be screened. The applicant plans to improve the appearance of the building by breaking up the mass with use of color (green). Mr. Plumeau asked about truck traffic. Mr. Miller said they probably have a truck a day which may be as large as 53 feet. There are some Fed Ex trucks, especially at the end of the month when the business ships its products. Mr. Plumeau asked if there will be any night deliveries or pickups. Mr. Miller said the latest would be between 8 and 10 p.m. on a Tuesday night. Ms. Quimby moved to approve Preliminary Plat Application #SD-07-39 and Final Plat Application #SD-07-40 of Super -Temp Realty Co, LLC, subject to the stipulations in the draA.knotion. Mr. Farley seconded. Motion passed unanimously. 4. ublic Hearing: Appeal #AO-07-03 of Summit Hospitality appealing the decision of the Administrative Officer for issuing Notice of Violation #NV-07- 07, 462 Shelburne Rd. and 25 Hadley Rd: -2- SOUTH BL. �INGTON DEVELOPMENT REVIEW BOARD Minutes JULY 24, 2007 Mr. Belair explained that on 8 June, the City Manager asked him to accompany him on a health inspection that involved a complaint of no water or working toilet. They met with a resident on the second floor of 25 Hadley Rd. and saw that the building was being renovated. The rooms also had numbers stapled to the doors. A woman said she had been living on the property for more than 6 months although the property had not been approved for extended stay use. The building appears to be a single family home with a motel on either side of it. There is no record of any request for an extended stay facility. Mr. Belair said they also found there is a "Vermont Bad Business" posting from someone who lived on the property for 43 days. A notice of violation was filed after that visit, and that notice is being appealed. Mr. Belair said it is clear to him that there is a violation. He has spoken with the manager and explained the need to bring the building into compliance. Mr. Zalinger, attorney representing the applicant, said that with regard to the Hadley Rd. property there are 2 issues, development without a permit and conversion of use. The issue with the Shelburne Rd. motel property is conversion of a motel to an extended stay motel. Mr. Zalinger noted that both buildings are owned by Summit Hospitality. Mr. Zalinger said that all construction activities ceased immediately after Mr. Belair's visit. There have been discussions with staff regarding renovations, and the applicant expects to file an application in the near future. Mr. Zalinger stressed that no more activity will occur without a permit. The applicant is challenging the allegation that the Hadley Rd. residence was being used as an extended stay motel. They say that the numbers on the doors pre -dated the current ownership of the property. Mr. Dinklage asked why the woman was living there. Mr. Zalinger explained that the building had been used as a residence for the manager of the motel along with some of his "friends." The new owners had difficulty getting the former manager to leave and finally got an eviction notice in 2004. Damage to the property occurred in 2003-04 during the eviction activity. Remodeling of the building began in December 2006-January 2007. The site manager, without approval of the general manager or the owner permitted the contractor to live on the property. When the matter came to the owner's knowledge, that occupancy was terminated immediately. Mr. Dinklage noted that the woman living in the house had said she was forced out of the motel and told to live in the house at 25 Hadley St. Mr. Zalinger said he didn't know if she was "credible." Mr. Gudipelly, General Manager of the property (based in Plattsburg), said the woman used to stay in one of the rooms. He didn't know she was living there. The state had sent her to the motel because she had no place to stay, and the resident manager "did a favor for her." -3- SOUTH BL-IINGTON DEVELOPMENT REVIEW BOARD Minutes JULY 24, 2007 Mr. Dinklage asked the intent for use of 25 Hadley Rd. Mr. Zalinger said he wasn't sure anyone knows. Mr. Dinklage noted that major renovations were underway, so someone must have an intent for its use. Mr. Zalinger said it will not be used for any purpose other than a single family dwelling until there is an application and approval for another use. Mr. Plumeau said that if the numbers on the doors went back so many years, why weren't they taken down. Mr. Zalinger said the new owners "never touched anything." Mr. Belair said he saw no kitchens in the building. Mr. Gudipelly said there is a kitchen downstairs. Mr. Beaupre, who does maintenance at the hotel, said the lady living in the house was a friend of the manager of the hotel who was trying to help her because she had lost her income. An abutting neighbor said he was surprised to hear the motel isn't an extended stay motel because people stay there a long time. Many are put there by the state. Mr. Zalinger said the owner has no plan to convert 25 Hadley St. to an extended stay motel. Mr. Belair noted that if a use ceases for 6 months or more, it loses its "pre-existing" use status, so the house is no longer a single-family residence because it is in a commercial zone. Any future use for the property has to be allowed in the C-1 District. Mr. Dinklage asked about the possible conversion of the Shelburne Rd. property to an extended stay motel. Mr. Gudipelly said it is rented "night by night." People can extend their stay on a day by day basis. He added that they get people from the State and from the Howard Center. After 28 days they have to move out, but after that they can come back for another 28 days, etc. Mr. Dinklage questioned whether people are actually asked to leave and move back in a day later. Mr. Gudipelly said that is what "everyone on the street" is doing. Mr. Dinklage asked whether all tenants pay rooms and meals tax. Mr. Gudipelly said everyone except those put there by the state who are exempt from tax. Mr. Belair said what Mr. Gudipelly described is not "transient occupancy." Mr. Dinklage said the City is not opposed to extended stay hotels, but there are issues that go with this, such as parking. Members agreed they wanted to discuss this issue with the City Attorney and asked that the public hearing be closed. Mr. Belair noted a decision must be made within 45 days. Ms. Quimby moved to close the public hearing. Mr. Plumeau seconded. Motion passed unanimously. SOUTH BU_ "INGTON DEVELOPMENT REVIL W BOARD Minutes JULY 24, 2007 Members agreed to meet in deliberative session with the City Attorney on 21 August at 7 p.m. As there was no further business to come before the Board, the meeting was adjourned at 9:00 P.M. Clerk() C/ g'- 'g - I Date -5- CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 8, 2007 Summit Hospitality, Inc. d/b/a Liberty Inn & Suites c/o Philip H. Zalinger, Jr., 140 Main Street Montpelier, VT 05602 Esq., Registered Agent Re: Zoning Violation — 462 Shelburne Road & 25 Hadley Road Dear Mr. Zalinger: Please be advised that based on information available to the City, you have commenced land development on your property at the above address without obtaining a zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4449 (a) (1). Specifically, you have initiated the following activities on the above -described property. 1. Converted the motel/hotel at 462 Shelburne Road to an extended stay hotel without a zoning permit. 2. Converted the single family dwelling at 25 Hadley Road to extended stay motel units without a zoning permit. 3. Renovating the building at 25 Hadley Road without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: 1. Cease the use of the property at 462 Shelburne Road as an extended stay hotel. 2. Cease the use of the building at 25 Hadley Road as and extended stay hotel and return its use to a single family dwelling. 3. Obtain a zoning permit for the renovations at 25 Hadley Road. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Development Review Board by filing a written notice of appeal (see enclosed) and one hundred ten ($110) dollars within fifteen (15) days of the date of this letter with the Clerk of the Development Review Board at the following address: 575 Dorset Street, South Burlington, Vermont 05403. Sinc ely, ayVnd . 9Belaira Administrative Officer Encl. CC: Amanda S. E. Lafferty, Esq. Certified Mail Receipt # 7006 3450 0002 0942 2738 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Application #AO - 01 - a 3 NOTICE OF APPEAL All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. I understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. • 1 agree to pay a fee of $110 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): Summit Hospitality, Inc. d/b/a Liberty Inn & Suites, c/o Philip H. Zalinger, Jr., Esq Registered Agent, 140 Main Street, Montpelier, VT 05602 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: 462 Shelburne Road, South Burlington, VT 25 Hadley Road, South Burlington, VT 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? June 8, 2007 Notice of Zoning Violation and order to 1) cease use of property at 462 Shelburne Road as extended stay hotel, 2) cease use of building at 25 Hadely Road as extended stay hotel and return to use as a single family dwelling, 3) obtain zoning permit for renovation at 25 Hadley Road. - 1 - 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? Section 17.02 of the Land Development Regulations and 24 V.S.A. 4449(a)(1). 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Reverse Action of Administrative Officer 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? The activities at 462 Shelburne Road and 25 Hadley Road do not violate the Land Development Regulations. 7) LIST ABUTTERS (LIST ON A SEPARATE SHEET OF PAPER NAMES AND ADDRESSES OF ALL OWNERS OF PROPERTY THAT ABUTS THE PROPERTY THAT IS THE SUBJECT OF THIS APPEAL). n/a I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accura e to the best of my knowledge. Stephen L. Cusick, Attorney for Appellant SIGNATURE OF APPELLANT DATE -2- Do not write below this line DATE OF SUBMISSION: 67 9 V/j REVIEW AUTHORITY: I have reviewed this Notice of Appeal and find it to be: Complete Incomplete 9-- Director of Planning & Zoning or Designee Date -3- ASSESSMENT RECORD ITEMS 19 19 19 19 19 19 \o� LAND BLDGS. � / I = 0 O i I � � TOTAL P m O I � TRANSFER RECORD m BOOK PAGE DATE GRANTOR GRANTEE I.R.S. INDICATED z PRICE f j m cl 0 O 7 GENERAL INFORMATION H� I � IMPROVEMENTS ZONING NEIGHBORHOOD UTILITIES IMPROVED ST. RESIDENTIAL ACCESSIBILITY WATER 3 O SIDEWALK BUSINESS IMPROVING SEWER CF INDUSTRIAL STATIC ELECTRICITY y DIRT ROAD UNRESTRICTED DECLINING GAS r..l ASKING PRICE SALES PRICE DATE SOLD n RENT- - VACANCY IMPROVEMENTS SINCE PURCHASE USE OF LAND RESIDENTIAL LEVEL COMMERCIAL ROLLING INDUSTRIAL ABOVE GRADE FARM BELOW GRADE _ WOODLAND STREET GRADE UNDEVELOPED LOTIMPROVEMENTS L CLASSIFICATION CROP LAND PASTURE BLUEBERRY ORCHARD BRUSH WASTE WOODED REMARKS i:._. •. -. maw, _ r1 0 N dt LFJ ! " ED Q 1 C EU _ �I 0 URBAN LAND COMPUTATIONS w a EFFECTIVE UNIT TRI COR. OR ID FT. FT. LOT FRONTAGE PRICE / LAND FACTORS ALLEY INF. DEP, PRICE 1 IMPVTS. TOTAL VALUE LAND Print Page - Liberty Inn on Shelburne road Page 1 of 1 Vermont Bad Business Bureau Vermont Bad Business Bureau => Vermont Horror Stories - I Got Ripped Off => Topic started by: Ig on February 18, 2007, 07:04:03 PM Title: Liberty Inn on Shelburne road Post by: Ig on February 18, 2007, 07:04:03 PM We stayed at Liberty Inn on Shelburne road for about 2 months. They usually kick people out for a day when they reach 28 days. This takes away the persons legal rights as a tenant. We went over 28 days and were there continuously for about 42 days before they realized it. When my husband went to the office to pay for another week, they told us we had to move THAT DAY. They fudged up the records in their computer to make it look like we had moved in 28 days before that date when in fact we had been there 42 days. We talked to several people around there and found out that they do this all the time to people. How can these people keep breaking the law, not declare income and keep the tax people payed on the room? These people are really scum. Don't ever stay at Liberty Inn because you don't know what they will do to you. They'll even kick you out at a moments notice even in winter. All they care about is money. L.G. Powered by SMF 1.1.2 1 SMF D 2006-2007, Simple Machines LLC http://vermontbbb.com/forum/index.php?action=printpage;topic=12.0 2/22/2007 No Text W, 00 No Text No Text CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4io6 July 5, 2007 Summit Hospitality, Inc. d/b/a Liberty Inn & Suites C/o Philip H. Zalinger, Jr. Esq., R.A. 140 Main Street Montpelier, VT 05602 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development on your property. This is being sent to you and the abutting property owners to make aware that a public hearing is being held regarding the proposed development. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." Please call our office at 846-4106 if you have any questions. Sincerely, ,�� Betsy McDonough Planning & Zoning Assistant Encl. CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING 575 DORSET STREET SOUTH BURLINGTON, VT 05403 (802)846-4106 July 5, 2007 Champlain Capital Management Assoc. PO Box 224 Barnard, VT 05602 Dear Property Owner: Enclosed is a copy of a public notice published in Seven Days. It includes an application for development that abuts your property. This is being sent to you to make you aware that a public hearing is being held regarding the proposed development. You will not receive this notice if any subsequent or continued public hearings for the same applications are required. Under Title 24, Section 4464 of State law, participation in a municipal regulatory proceeding is required in order to preserve your right to appeal a local development approval to the Vermont Environmental Court. State law specifies that "Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, a statement of concern related to the subject of the proceeding." If you would like to know more about the proposed development, you may call this office at 846-4106, stop by during regular office hours, or attend the schedule public hearing. Sincerely, h 1 Betsy McDonough Planning & Zoning Assistant Encl. 7136 for further information. OPENINGS BURLINGTON CITY COMMISSIONS/BOARDS On Monday, July 16, 2007, the Burlington City Council will fill vacancies on the following City Commissions/Boards: Conservation Board Term Expires 6/30/09 One Opening Conservation Board Term Expires 6/30/11 One Opening Applications are available at the Clerk/Treasurer's Office, Second Floor, City Hall, and must be received in the Clerk/Treasurer's Office by 4:30 p.m., Wednesday, July 11, 2007. Applicants must be nominated by a member of the City Council to be considered for a position; a list of Council members is also available at the Clerk/Treasurer's Office. Please call the Clerk/Treasurer's Office at 865- 7136 for further information. PUBLIC HEARING SOUTH BURLINGTON DEVELOP- MENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing at the South Burlington City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, July 24, 2007 at 7:30 P.M. to consider the following: 1. Appeal AO-07-03 of Summit Hospitality, Inc., appealing the Administrative Officer's decision to issue a Notice of Violation NV- 07-07, 462 Shelburne Road & 25 Hadley Road. 2. Preliminary plat application SD-07-39 & final plat application SD-07-40 of Super -Temp Realty Co, LLC for a 35,000 sq. ft. light manufacturing building to be built in two (2) phases, 104 Bowdoin Street. John DinkLage, Chairman South Burlington Development Review Board Copies of the applications are available for public inspection at the South Burlington City Hatt. PUBLIC NOTICE TAXICAB RATES Notice is hereby given that, pursuant to Section 30-36 of the Burlington Code of Ordinances, the following maximum taxicab. fares will be authorized for exclusive rides within the city effective August 1, 2007. (Exclusive rides are ordinary taxi rides by one (1) person from a starting point to a specific destination.) (1) Within Zone 1: Up to [Five Dollars and Sixty -Five Cents ($5.65)] Five Dollars and Seventy- five Cents ($5.75) (2) From Zone 1 to Zone 2N or 2S or Vice Versa: Up to [Seven Dol- lars and Forty -Five Cents ($7.45)J Seven Doltarc and Sixty Cents -N - L" ... i+v ua,n anu lvv my Cents ($nDa n fo Forty Cent transported o tween Zone 3 and Zone 2S. (7) Within Zone 4: Up to [Eight Dollars and Ten Cents ($8.10)] .Light Dollars and Tyr my Five Cents (8 2 ) except up to [Ten Dollars and Eighty Cents ($10.80)] Eleven Dollars and No Cents 11 0 for a fare transported between Zone 4 and Zone 1 and except up to [Twelve Dollars and Forty -Five Cents ($12.45)] Twelve Dollars and Saventy Cents ($12.70) for a fare transported between Zone 4 and Zone 25. (8) For each additional passenger on an exclusive ride, not including the first passenger, picked up or delivered in any of the preceding zones, a One Dollar ($1.00) charge per additional passenger may be collected. Note that, under an amendment to the ordinance adopted by the City Council on August 27, 1990, there is an automatic annual increase or decrease in taxi rates equivalent to one hundred (100) per cent of the annual change in the National Intra-City Public Transportation Rates (an element in the overall Public Transportation Index) com- pited by the U. S. Bureau of Labor Statistics for the 12-month period ending May 31 of each year. For the 12-month period ending May 31, 2007, the relevant change was equal to an increase of 4%; this increase is reflected in the changes to taxi rates in sections (1) through (7) above. * Material in brackets deleted Material underlined added Jo LaMarche Director of Elections and Records STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. S829-06 CnC National City Mortgage, a division of National City Bank of Indiana, Plaintiff v. Heidi M. Komasa, Thomas Komasa, American Express Travel Related Services, Inc., Gregory Supply Company, Inc. And Occupants residing at 211 Elmwood Avenue, Burlington, Vermont, Defendants AMENDED NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a cer- tain mortgage given by National City Mortgage to Heidi M. Komasa dated January 27, 2006 and recorded in Volume 950, Page 345 of the Land Records of the City of Burlington, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the pur- poses of foreclosing the same will be sold at Public Auction at 10:30 A.M. on July 18, 2007, at 211 Elmwood Avenue, Burlington, Ver- mont all and singular the premises described in said mortgage: To Wit: Being all and the same lands end nrnm.�n� n............. A - U- 1: Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description. Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the City of Burlington. Other terms to be announced at the sale or inquire at Lobe & Fortin 30 Kimball Ave. Ste. 306 South Burlington, VT 05403, 802 660-9000. National City Mortgage By: Joshua Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave South Burlington, VT 05403 STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. S0856-06 CnC Wells Fargo Bank, NA, as Trustee for Option One Mortgage Loan, Trust 2005-3 Asset -Backed Certificates Series 2005-3, Plaintiff v. J. Michael Andronaco, Lorraine Andronaco And Occupants residing at 60 Catelta Road, Essex Junction, Vermont, Defendants AMENDED NOTICE OF SALE By virtue and in execution of the Power of Sale contained in a certain mortgage given by Option One Mortgage Corporation to J. Michael Andronaco and Lorraine Andronaco dated May 4, 2005 and recorded in Volume 647, Page 369 of the Land Records of the Town of Essex, of which mortgage the un- dersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclosing the same will be sold at Public Auction at 9:45 A.M. on July 18, 2007, at 60 Catella Road, Essex Junction, Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same land and premises conveyed to J. Michael Andronaco and Lorraine E. Andro- naco by Warranty Deed of Mark. Rocheleau dated October 10, 1986 and recorded in Volume 208 on Page 768 of the Land Records of the Town of Essex. Terms of Sate: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the Town of Essex. Other terms to be announced at the sale or inquire at Lobe & Fortin 30 Kimball Ave. Ste. 306 South Burlington, VT 05403, 802 660-9000. -.i ."H" �eiwie.ateb, Jeneb 06-0 P1, intiff v. Thomas Komasa, Heidi omasa, Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans, Inc. And Occupants residing at 3871 Shelburne Road, Shelburne, Vermont, Defendants AMENDED NOTICE OF SALE By virtue and in execution of the Power of Sate contained in a certain mortgage given by Option One Mortgage Corporation to Thomas Komasa dated July 6, 2005 and recorded in Volume 326, Page 343 of the Land Records of the Town of Shelburne, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purposes of foreclosing the same will be sold at Public Auction at 11:15 A.M. on July 18, 2007, at 3871 Shelburne Road, Shelburne, Vermont all and singular the premises described in said mortgage: To Wit: Being all and the same lands and premises conveyed to Heidi Komasa and Thomas Komasa by Warranty deed of Robert R. Spencer and Cynthia G.B Spencer dated July 6, 2005 and recorded in Volume 326 at Page 341 of the Shelburne Land Records. Terms of Sale: $10,000.00 to be paid in cash by purchaser at the time of sale, with the balance due at closing. Proof of financing for the balance of the purchase to be provided at the time of sale. The sale is subject to taxes due and owing to the Town of Shelburne. Other terms to be announced at the sale or inquire at Lobe & Fortin 30 Kimball Ave. Ste. 306 South Burlington, VT 05403, 802 660-9000. Wells Fargo Bank, National As- sociation, as Trustee By: Joshua Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Ave South Burlington, VT 05403 STATE OF VERMONT CHITTENDEN SUPERIOR COURT CHITTENDEN COUNTY, SS. DOCKET NO. S0567-06 CnC GMAC Mortgage Corporation, Plaintiff v. Craig S. Cowles , GMAC Mortgage Corporation, Grappone Industrial, Inc., State of Vermont, Department Of Taxes, United States of America, Banknorth, NA f/k/a First Vermont Bank and Trust Com- pany, Timothy Potvin d/b/a Tim Potvin Heating, Fort Motor Credit Company and Occupants residing at 1877 East Main Street, Richmond, Vermont, Defendants NOTICE OF SALE tympany uaiea may zu, 1 and recorded in Volume 9 108 of the Land Records r Town of Richmond, of wh' mortgage the undersigne( present holder, for breach conditions of said mortga for the purposes of forest, the same will be sold at F Auction at 9:00 A.M. on t day of July, 2007, 1877 E Street, Richmond, Vermon singular the premises desi said mortgage: To Wit: Being a portion of the tan premises conveyed to Crai Cowles by Warranty Deed r Howard F. Whitcomb and ; Whitcomb dated March 2, and recorded in Volume 8i 175 of the Town of Richmr Records. Being a portion of the tan premises conveyed to Ho" and June M. Whitcomb by ranty Deed of Diana Fyfe E and David M. Sunshine dal October 25, 1991 and recc Volume 76, Pages 130-132 Town of Richmond Land Re Being a parcel of land said tain 1.4 acres, more or Les: all appurtenances located Said parcel is depicted as I a Plat of Survey entitled, ' for Howard and June Whit( Richmond, Vermont, March surveyed by TBM Land Sun P.O. Box 402, Jonesville, V. and said map is recorded it Volume 7, Page 17 of the i Richmond Land Records. Reference is hereby made t above -mentioned instrume records thereof, the referer therein made, and their res records and references, in i aid of this description. Terms of Sale: $30,000.00 paid in cash by purchasers time of sale, with the balar at closing. Proof of financi the balance of the purchas, provided at the time of sal( sale is subject to taxes due owing to the Town of Richn Other terms to be announce the sale or inquire at Law ( of Joshua B. Lobe, Esq., 35 Street, Burlington, Vermont 660-9000. GMAC Mortgage Corporatior By: Joshua B. Lobe, Esq. Lobe & Fortin, PLC 30 Kimball Avenue, Ste. 30( South Burlington, VT 0540 STATE OF VERMONT CHITTENDEN COUNTY, SS. IN RE: L.L Vermont Family Court Chittenden County Dkt No. 113-3-06 Cnjv NOTICE OF HEARING TO: Joseph Montgomery, fat of L.L. You are hereby notified that hearina to rnncidpr the tarn ZALINGER CAMERON & LAMBEK, P.C. ATTORNEYS AT LAW PHILIP H. ZALINGER, JR. 140 MAIN STREET, P.O. BOX 1310 OF COUNSEL J. SCOTT CAMERON ROBERT HALPERT BERNARD D. LAMBEK MONTPELIER, VERMONT 05601-1310 JOHN C. PAGE PATRICIA K. TURLEY TELEPHONE 802-223-1000 FACSIMILE 802-223-5271 PARALEGAL STEPHEN L. CUSICK KAREN M. GRAMER June 22, 2007 Hand Delivered Clerk, Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Summit Hospitality, Inc. Dear Sir or Madam: Please find enclosed Summit Hospitality, Inc.'s Notice of Appeal of a June 8, 2007, Notice of Violation issued by the Administrative Officer. This firm's check in the amount of $110 is also enclosed. Thank you. Sincerely, 4e�phen L. Cusick enclosures Vermont Secretary of State Page 1 of 1 F • • • Corporation Information Corporation Name SMART HOSPITALITY, INC. Corporation Status Terminated File No V-65203-0 Type Vermont Incorporation Date 05/28/2002 Corporation Description INN & MOTEL State of Incorporation VT Fiscal Month End 12 Registered Agent PHILIP H ZALINGER JR ESQ Address 140 MAIN STREET City State Zip MONTPELIER VT 05602 President NEETU MALHOTRA Vice Pres ANIL SACHDEV Secretary UDAYAN DHOLAKIA Treasurer ANIL SACHDEV Directorl NEETU MALHOTRA Directorl ANIL SACHDEV Director3 KRISHAN SACHDEV Principal Street Address 462 SHELBURNE ROAD City State Zip SO BURLINGTON VT 05403 Last Annual Report 12/31/2005 Terminated 05/25/2007 Reinstated 08/28/2006 Above accurate as of: 06/07/2007 lnforination Contact Home i Site Search i Help Vermont State Page I Disclaimer This Web Page is http://cgi2. sec. state. vt. us/cgi-shl/nhayer. exe 6/R/2007 Vermont Secretary of State Page I of 1 ,110a, VERMONT SECRETARY OF STATE �= 0Tta,R A.RCHINTS GORPORATIOI7S ELECTIONS FROF&SSION�1 FROGRATaLS REGULATION: 1 Information Trade Name LIBERTY INN & SUITES Status Active File Number 0135483 City State Zip BURLINGTON VT 05401 Description LODGING Registration Date 08/05/2003 Member 1 NEETU MALHOTRA Address 609 COLONIA BLVD City State Zip 07067 Member 2 KRISHAN SACHDEV City State Zip Agent UDAYAN DHOLAKIA Address 1103 US RTE 4 City State Zip IKILLINGTON, VT, 05751 Above accurate as of: 06/07/2007 IIII frn•aiiltiorr GOntact Home I Site Search I Help Vermont State Page I Disclaimer This Web Page is1fdY,2 http://cgi2.sec.state.vt.us/cgi-shl/nhayer.exe 6/8/2007