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HomeMy WebLinkAboutBATCH - Supplemental - 1016 Shelburne RoadPLANNING COMMISSION 23 SEPTEMBER 1997 The South Burlington Planning Commission a Tuesday, 23 September 1997, at 7:30 om, in City Hall, 575 Dorset St. Members Present: held a meeting the Conference om, Bill Burgess, Chair; Dan O'Rourke, Gayle Barone, John Dinklage Mark Crow, Marcel Beaudin Also Present: Joe Weith, City Planner; Jim Lamphere, Lance Llewellyn, Gerry Milot, John Larkin, Greg Rabideau, Dean Zoecklein 1. Other Business: Mr. Weith advised that Item #6 on the Agenda had withdrawn. 2. Review Minutes of 26 August and 9 September 1997: Ms. Barone moved that the Mintues of 26 August be approved as written. Mr. Crow seconded. Motion passed 5-0 with Mr. Dinklage abstaining. Ms. Barone moved the Minutesof 9 September be approved as written. Mr. Dinklage seconded. Motion passed unanimously. 3. Public Hearing: Revised final plat application of J.W.J. Realty for a minor revision to the parking and circulation layout of a recently approved planned unit development consisting of 30,310 sq. ft. of automobile sales and service use in two buildings, 1085, 1089 and 1095 Shelburne Rd: Mr. Crow stepped down due to a conflict of interest. Mr.. Lamphere explained that they are taking out an island to improve circulation of traffic. They will stripe the parking area before they apply for a Certificate of Occupancy. No issues were raised. Mr. O'Rourke moved the Planning Commission approvethe revised final plat application of J.W.J. Realty for a minor revision to the parking and circulation layout of a recently approved planned unit development consistin of 30,310 s . ft. of automobile sales and service use in buildings, 1085 1089 and 1095-?ielburne Road, as depicted on a three pa e set of lans, a e one entitled "Saturn of South Burlington Site Plan Shelburne Road So. Bur-1-in - ton, Vermont," prepared by Civil En ineerin Associates, Inc, dated June, 1992, last revised 9/11/97, with the followin sti - ulations SUPER 8 IOTEL 802-862-8009 09-23-97 15:34 P.O: sepicillber 21, 1097 I owl] of, South Burlington Planning Commission So1ith Hurlington, VT 05403 ,,,O W110111 It May concern: I,Icjis� withdraw my application for the sign apnea]. I'hank you ,Sincerely yours, (iahricl Ilan ly GI I/cl Memorandum - Planning Commission September 23, 1997 agenda items September 19, 1997 Page 4 Lighting: The revised final plat plans should include details (cut -sheets) of existing and proposed exterior lights and show locations on the plans. Impact fees: The new residential buildings will be subject to the school, recreation and road impact fees. Revised final plat: The revised final plat plans should comply with the information requirements provided in Section 204.1(1) of the subdivision regulations. Wetland buffer: The northern most building is proposed to be located in very close proximity to a wetland buffer area. This building should be moved away from the wetland buffer so it is not disturbed in any way including fill, mowing, etc. Other: --- the two (2) apartment buildings at the southeast corner of the site were previously approved as a hotel, is the applicant requesting that this hotel be converted to residential units? 6 ) GABRIEL HANDY - SIGN ORDINANCE APPEAL Gabriel Handy is appealing the Code Officer's interpretation of Sections 8 and 22 of the sign ordinance as it relates to the appellant's free-standing sign located at 1016 Shelburne Road. On 7/29/97 the appellant was issued a sign permit ( see enclosed) to alter a 110 square foot sign for a motel and restaurant. The restaurant tenant was changing so the restaurant portion of the sign was being altered to change the name of the restaurant. The Code Officer required that the sign be reduced in size as required under Section 22(d)(1) of the sign ordinance. The appellant reluctantly agreed to reduce the sign by 18 square feet bringing the sign size down to 92 square feet. The applicant is now appealing the Code Officer's requirement to reduce the sign by 18 square feet. It is the appellant's position that since the use did not change, a sign permit was not required so the size of the sign was not required to be reduced. Section 22(a) of the sign ordinance states that "except as provided below, every sign lawfully in existence on the date of adoption of 4 Memorandum - Planning Commission September 23, 1997 agenda items September 19, 1997 Page 5 this Ordinance shall not be altered, including character or color alteration, or moved unless it be made to comply with the provisions of this Ordinance" (emphasis added). Section 22(d)(1) of the sign ordinance requires that a nonconforming sign may be altered provided that it is reduced in size and or height by at least 25%. It is clear to staff that changing the name of the restaurant was a change in character and/or color necessitating a reduction in the size of the sign. This sign was originally approved at 182 square feet in 1970 and is now 92 square feet. This is a 50.5% reduction in size. A detailed history of this sign is enclosed for your review. Section 29(a) of the sign ordinance states that "in deciding such appeals, the Planning Commission may not grant variances, exemption, extra -ordinary relief or otherwise alter, amend, enlarge or modify the provisions of the Ordinance, it being the intent of this section to merely provide for appeals from the decisions of the Code Officer and not to provide for variances or exceptions hereto." Basically, the Commission can only decide whether or not the Code Officer properly interpreted the sign ordinance. It is staff's opinion that the sign ordinance was properly interpreted by the Code Officer. 61 M E M O R A N D U M To: South Burlington Planning Commission From: Richard Ward, Zoning Administrative Officer Re: Sign Appeal of Gabe Handy, 1016 Shelburne Road Date: September 16, 1997 Effective February 6, 1995 any sign lawfully in existence on the date of adoption of this ordinance which is nonconforming as to size and or height may be altered, provide the size and/or height of the sign is reduced by at least 25 percent. (Section 22 Non- conforming Signs sub section D). History of sign in question: June 17, 1970 - Redwood Motel granted permission to erect a pylon sign containing one hundred eighty two (182) square feet (variance by ZBA). July 1, 1970 - Redwood Motel granted permission to erect a pylon sign (182 square feet) at a height of twenty-five (25) feet. April 29, 1994 - Super 8 Motel and Chaz granted permission to alter sign, sign reduced to one hundred and four (104) square feet. May 19, 1995 - The Redwood Cafe granted permission to alter sign, sign reduced from 50 square feet to 38 square feet. Alteration did not change Super 8 Motel sign. July 29, 1997- Old Heidelberg German Restaurant granted permission to alter sign, sign reduced with the removal of a 18 square foot reader board. A review of permits issued to Mr. Gabe Handy indicated that the reader board sign in question was erected without permit. Presently the Sign regulations allows a pylon sign at a maximum of forty (40) square feet and maximum height of fifteen (15) feet. The sign in question contains ninety two (92) square feet and a height of approximately twenty-five (25) feet. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 25, 1997 Mr. Gabe Handy Super 8 Motel 1016 Shelburne Road South Burlington, Vermont 05403 Re: Alterations of Your Pylon Sign Dear Mr. Handy: ZONING ADMINISTRATOR 658-7958 This letter will confirm our conversation on Thursday, July 24, 1997 regarding your proposal to alter your existing free standing sign. Section 22 sub section (d) of the South Burlington Sign Regulations provides that alterations of a non -conforming sign requires a reduction of the sign by 25 percent of its size. It is my understanding that your free standing sign contains one hundred (100) square feet. Since you are proposing to alter the restaurant portion of the sign, that portion must be reduced. Any alterations to the sign in question without a permit would be in direct violation and would be subject to a fifty (50) dollar fine. Fines would be increased to a maximum of five hundred (500) dollars. If you have any questions pertaining to this letter, please don't hesitate to call me. Very truly, 4 �.- Richard Ward, Zoning Administrative Officer Applicant's Copy SIGN APPLICATION CITY OF SOUTH BURLINGTON, VERMONT Date WjMi� 19 Applicant C_Q�-lO N Town o ity Location of sign Old Name of busi nessNo. Street Square footage of sign '7w Height of Sign d Estimated cost Date of erection Name of Erector �� ti Addr s Lq- Town or City State Phone No. Permit Number y�_ s Consent of Owner: Street go,del&_. �� ah Rom__ �V_62� State Phone No. /04 f, The above named person is duly authorized to make application on my behalf. I believe the statements contained herein are true t the best of my kno le e Signature of Applicant S g ture o Owner DO NOT WRITE BELOW THIS LINE Application: REJECTED PPRO ED Date 71: �z Reason for rejection Issued to C A16 C 11 17, /c o x, �2 Fee Computation S Code Officer j Date / 19 571 ova UFjIDIRL GER�MAN Breakfast Dinner Office Copy SIGN APPLICATION CITY OF SOUTH BURLINGTON, VERMONT Date 19 9� Permit Number Applicant 7eCl ICO('l iOX- No. Street 9 Town or Cit Location of sign 1- State Phone No. Name of business No. AStreet i Square footage of sign 3 Height of Sign /S50 Estimated cost Date of erection S Name of Erector �Or t1°vYi (,)("45 �Y&A 646 Address S AM r N r? Town or C ty Consent of Owner: State The above named person is duly application on my behalf. I believe the herein are true to the best of my knowledge, Phone No. authorized to make statements contained Signature of Applicant Signature of Owner DO NOT WRITE BELOW THIS LINE Application: REJECTED PPROVED Date � / / q Reason for rejection �0": Issued to 1, L=�" to Fee Computation`— Code Officer Date 19 50 4� To 2, • J a - il'1ner- -� �kcE QAM Office Copy SIGN APPLICATION CITY OF SOUTH BURLINGTON, VERMONT Date 19 y7 Permit Number(?q —Z/ Applicant fm Sreet Town or City V SVtLte Phone No. Location of sign gc ryy^-t- Name of business No. Street Square footage of sign 1t Height of Sign° 14 Estimated cost Date of erection _ 9 Name of Erector Address Town or City State Phone No. Consent of Owner: The above named person is duly authorized to make application on my behalf. I believe the statements contained h rei ar true to the best of my now ed e. 0" Signature of Applic Signature of Owne DO NOT WRITE BELOW THIS LINE Application: REJECTED Reason for rejection /6/ 1), Issued to APPROVED / Date 'v Fee Computation _ Code Officer Date 17 Z/ 19 . C, f City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 17, 1997 Gabriel G. Handy Super 8 Motel 1016 Shelburne Road South Burlington, Vermont 05403 Re: Sign Appeal Dear Mr. Handy: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, September 23, 1997 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls please give me a call. qSi cere y, Jo Weith, Cit Planner GARAGE SALES 4 WILLISTON 6 Porter Wood Dr. Sat & Sun, 9-4. Something for everyone - A variety of things! WILLISTON Sept 5th, Sat. only! 9-4. Baby items, little girl's clothes, bar stools, woodstove, bikes and more. 43 River Cove Rd (off Rt 2A) WINOOSKI 11 & 13 Florida Ave, near St. Mikes. Sept. 5, 6, 7. 9- 6PM. Furniture, antiques, clothes, and mist. Everything goes! WINOOSKI 2 family sale. Furniture, toys, house- hold items, children and adult clothing. Fri, noon- 6pm, Sat Sam-7. 201 West Street. 655-9727. WINOOSKI 59 Cedar St., Sat & Sun, 9-5. Baby clothes & furniture, kids clothes & mist. 655-2765 WINOOSKI-Annual multi family sale Sat, Sept 6, 9-2. 4 Lapointe St. Home furnishings, quality clothing & more. WINOOSKI Huge 2 family Moving Sale. 163-165 West Allen St. Sat & Sun; 9-5. WINOOSKI Sat 9/6, 8-4. Compact fridge, 2 dress- ers, TV, 2 micorwaves & more! 177 North St. WINOOSKI used clothing sale, lots of girls & wom- en's clothes, toys, mist. household. Orchard Terr. (off North St.) Sat & Sun 9-4. WINOOSKI Yard & bake sale, Sun. 9/7, 9am - 4 pm, VFW parking lot, 6 Maple St. Sponsored by Ladies Auxiliary. PERSONALS 6 CARIBBEAN CRUISE trip for two. Spend 3 days in Caribbean & 4 days in Florida. rental car, air -fare not included. $875 (for two) Call 802-658-1999. TO MY FRIEND, MY DAD I was born 3/10/51 in Burlington, I have memories of our visit in Putnam, CT. Do you re- call how you said I was oyour special little girl and your would always love me. Please follow your heart. Gail, P.O. Box 626, Dayville, Ct. 06241 ADULT 8 ENTERTAINMENT ESCORT EXCELLENCE The only call you'll need to make! Outcall only. 863-9510 *FANTASY Entertainment Inc Male & female dancers. * 1-800-347-2468 LEGAL 11 LEGAL 11 LEGAL 11 NOTICES NOTICES NOTICES ADVERTISEMENT FOR BIDS City of Newport 74 Main Street Newport, VT 05855 Separate sealed BID for the construction f Derby Road -New rt Water Transmis on Main will be receive by City of Newport at the office of City Man ger, 74 Main Street, New ort, VT 05855 until 1 :00 a.m., September 8, 1997, and then at s id office publicly open and read aloud. If BID are forwarded by mail, the sealed envelope con- taining the BID must be enclosed in another en- velope addressed to the City Manager, City of Newport, 74 Main Street, Newport; VT 05855. Each BID must be ac- companied by a certified check payable to the OWNER for five percent (5%) of the total amount of the BID. A BID bond may be used in lieu of a certified check. Bidders are reminded that "Federal Wage Rates -Davis -Bacon Act does not apply to the WORK. The CONTRACT DOCU- MENTS may be exam- ined at the following lo- cations: City of Newport, City Manager's Office, 74 Main Street, Newport, VT; Webster -Martin, Inc., 1025 Airport Drive, South Burlington, VT; Associated General Contractors of Vermont, c/o Reprographics of New England, 4049 Will- iston Road, South Bur- lington, VT 05403; F.W. Dodge Plan Rooms, 20 Farrell Street, South Burlington, VT 05403. Copies of the CON- TRACT DOCUMENTSs may be obtained at the office of: Webster -Martin, Inc. lo- cated . at 1025 Airport Drive, South Burlington, VT 05403 upon payment of $50 0o for each set. A Performance BOND and a Payment BOND each in an amount equal to one hundred percent (100%) of the contract price, will be required. Minimum wage rates and public work employment laws are applicable. Any BIDDER, upon re- turning the CONTRACT DOCUMENTS within 30 days after the actual date of BID opening and in good condition, will be refunded his payment, either Corporation. September 3. 4. 5, 6 & 7, 1997 SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on September 23, 1997 at 7:30 P.M. to consider the following: Revised final plat - p' ation of J.W.J. alty for inor Ion to the par i and circula- tion layout of a recently approved planned unit development consisting of 30,310 square feet of automobile sales and service use in two (2) buildinggs, 1085, 1089 and 1095 Shelburne Road. 2) Appeal of Gabriel Handy regarding the Zoning Administrator's interpretation of Sections 22 and 8 of the South Burlington Sign Ordi- nance as it relates to the applicant's free standing sign located at 1016 Shelburne Road. Copies of the application and appeal are available for Public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission September 6, 1997 REQUEST FOR PROPOSALS The Burlington School District requests propos- als for a public relations plan. Firms with experi- ence in working with schools and non-profit organizations preferred. Inquiries and proposals should be addressed to: Office of the Superintendent Burlington School Dist 150 Colchester Avenue Burlington, VT 05401 Attn: Communication Plan Deadline for proposals is September 17, 1997. September 6 & 7, 1997 SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street. South Burlington. feet (lower level) of an existing (12,000 square foot) building for long term automobile storage .attd to operate an auto se ice business in con- junc ion with vehicle stor- age. Existing use of the buil ng (6000 square feet) is a distribution stor ge facility d.b.a. The To) o Shop Inc., located at 87 than Allen Drive. # Appeal of Michael & a Murphy seeking a ariance from Section 5.00 Dimensional and lot coverage require- ments of the South Bur- lington Zoning Regula- tions. Request is for permission to construct a detached 16'x22' garage to within one foot six inches (1'6") of the northerly side yard, pro- posed garage and exist- ing structures exceed to- tal lot coverage by eight (8) percent (maximum coverage 20 percent)lo- cated at 3 Woodcrest Drive. Richard Ward Zoning Administrative Officer September 6, 1997 Town of Huntington Notice The legal voters of the Town of Huntington are warned and notified that an informational meeting will be held at the Brew- ster Pierce Memorial School in said town on September 16, 1997 at 7:00 p.m. for the purpose of discussing the follow- ing Article which will be voted on by the Austral- ian Ballot System on Tuesday, September 23, 1997: ARTICLE 1 Shall the Town of Hunt- ington, acting through the Selectboard, apply to the Vermont Agency of Commerce and Commu- nity Development for a Community Development Block Grant, in the amount not to exceed $450,000, for the pur- pose of purchasing and renovating the Fuller House in the Lower Vil- lage as a post office, And, if the grant is awarded, do all things nedessary to administer the grant.. The warning for the Australian Ballot Vote will follow at a later date as outlined in Vermon Statutes. For additional informa tion, special needs, etc call 434-2032. Huntington Select Board September 6, 1997 [MPLOTMENI rO RESPOF, TO A FREE PRES BOX NUMBE Send to: Burlington Free Pre P.O. Box 10 Burlington, VT 054i: Att: Free Press E ACCOUNTANT NHC, makers HearthStone stoves HearthStone Hydror boilers and radiate seeks temporary countant to fulfill vac ties due to persc leave. Experience v accounting softw_ package (A/R; A/P); V dows Quattro Pro/W Perfect; and AS in counting preferred. panding business r lead to regular posi for . qualified, flex team player. Immed Opportunity. NHC, Box 1069, Morrisville. 05661 Fax 802-888-7 EDE. ACCOUNTS REC., BOOKKEEPER needed for small r duction facility. Must multi -task oriented strong communica skills. Computer exp ence helpful. Send sume with salary his to L.D. Oliver Seed P.O. Box 156, Milton 05468. ACCOUNTS RECEIVABLE CLE Applicants must 1- prior accounting, tomer service skills. terested parties can resume to: 802-893 or fill out application Plastic Monofil, 28 In trial Drive, Milton, VT ADMINISTRATI ASST Seeking pe skilled in: Organiza- communication, tyF computer network Bookkeeping/Acce ing. Please submit c letter•& resume to: Cota CPA, PC 5 Knight Lane, P.O. 1405, Williston, 05495-1405 or fax: 802-878-1449. ADMINISTRATIV ASSISTANT Civil - neering firm seeks c fied applicants. 25 r s/week; word procec & spreadsheet ex ence required. Fax sumo to 862-5590. "Sold the First D We hear this ever; from successful vertisers. Free P Classifieds work. us at 658-3321. can help you n your ad work. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on September 23, 1997 at 7:30 P.M. to consider the following: 1) Revised final plat application of J.W.J. Realty for a minor revision to the parking and circulation layout of a recently approved planned unit development consisting of 30,310 square feet of automobile sales and service use in two (2) buildings, 1085, 1089 and 1095 Shelburne Road. 2) Appeal of Gabriel Handy regarding the Zoning Administrator's interpretation of Sections 22 and 8 of the South Burlington Sign Ordinance as it relates to the applicant's free standing sign located at 1016 Shelburne Road. Copies of the application and appeal are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission September 6, 1997 DAYS INN 23 College Parkway Colchester, VT 05446 (802)655-0900 FAX (802) 655-6851 August 28, 1997 Zoning Board City of South Burlington South Burlington, VT 05403 To Whom It May Concern: a+ SUPER 8 MOTEL 1016 Shelburne Road South Burlington, VT 05403 (802)862-6421 FAX (802) 862-8009 LC,iI`tC .,[Econo Lodge 1961 Shelburne Road Shelburne, VT 05482 (802)985-3377 FAX (802) 985-3377 I am writing to you to appeal the interpretation of the zoning administrator regarding my sign for the Super 8 Motel at 1016 Shelburne Road. Recently a new tenant, the Old Heidelberg Restaurant wanted to re -letter the smaller sign beneath my Super 8 sign, and the zoning administrator included both signs in calculating the 25% reduction. I lost my 20 foot readers board also as a result. Because these are two separate entities , I do not feel that my Super 8 sign shouldn't have been used in the calculation. Thank you for your consideration. Sincerely yours, Gabriel G. Handy Owner GH/cl Enclosed: Ck. #785 for Appeal Fee