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Home My WebLink AboutBATCH - Supplemental - 1030 Shelburne RoadNo Text a � State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council November 17, 1993 Mr. George Harland, President Bayview Oldsmobile 1030 Shelburne Road South Burlington, Vermont 05403 Dear Mr. Harland: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Air Pollution Control Division 103 South Main Street Building 3 South Waterbury, VT 05671-0402 (802) 241-3840 In our Notice of Alleged Violation sent to you on May 20, 1993 we discussed your body shop's hazardous air contaminant emissions in addition to the odors. At that time our analysis indicated that the organic solvents used in the auto body paints/coatings were relatively non toxic and were in compliance with Section 5-261 of the Air Pollution Control Regulations ("Control of Hazardous Air Contaminants"). Emissions of heavy metals from the spray booth operation, on the other hand, were not easily determined and we requested that Bayview provide the data necessary to complete our review. Bayview supplied the requested data on June 3, 1993. Based on the data supplied, we estimated emissions of chromium VI. We chose chromium VI due to its relatively high toxicity and the Agency's low air quality standard for that metal. If Bayview's emissions are in compliance with the chromium VI standard, then the emissions should be well within the standards for other metals. Computer air quality dispersion modelling, using the parameters from the new, higher stack, indicates that on the average the impacts of the chromium resulting from Bayview's emissions are about one half the air quality standard of 0.000085 micrograms per cubic meter (0.000039 parts per billion). Thus, emissions of hazardous air contaminants from Bayview's auto body shop are in compliance with Section 5-261 of the Regulations and are not considered a threat to human health. Just for comparisons sake, chromium emissions from your spray booth are roughly equivalent to chromium emissions from four or five oil fired home furnaces. I should point out that a similar air quality impact evaluation performed using the data from the old, short stack would no doubt result in a violation of the chromium VI standard. Returning the stack to its former configuration or lowering the stack would not be appropriate. TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Bayview Oldsmobile Letter Page 2 It is my understanding that the staff at the Orchard school are still noting odors from the auto body shop. It may be some time before we can fully evaluate the effect of increasing the stack on the nuisance odors. I encourage you to continue to work toward reducing odors and hazardous emissions from the shop. In the meantime it may be appropriate to have another meeting at the school to discuss the situation with the school staff and concerned community members. My staff will be in contact with the school as appropriate to discuss this matter. Please call Chris Jones of my staff at the above number if you have any questions concerning this letter. Sincerely, Richard A. Valentinetti, Director Air Pollution Control Division RAV/ple PC John Champoux Anne Browne, Principal, Orchard School South Burlington Zoning Board PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 August 12, 1993 Mr. John Compoux Bayview Olds, Pontiac, Cadillac Ltd. 1030 Shelburne Raod South Burlington, Vermont 05403 Re: Zoning appeal Dear Mr. Compoux: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, 575 Dorset Street on Monday, August 23, 1993 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl , RW/mcp oaJ SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning /1 Board of Adjustment will hold a public hearing at the South Burlington Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Au- gust 23, 1993 at 7:00 P.M. to consider the following: #1 Appeal of Stephen & Dianne Sirch seeking a variance from Section 18.00 Area, density and dimensional requirements of the South Burlington Zoning Regulations. Re- quest is for permission to construct a 10'x30' addi- tion to within fourteen (14) feet of the required rear yard, located at 1 Duval Street. #2 Appeal of Bayview Olds, Pontiac, Cadillac Ltd, John Compoux seek- ing a variance from Sec- tion 18.112. Height of r\ structures of the South Burlington Zoning Regula- tions. Request is for per- mission to construct an emission control stack (automobile paint shop) at a height of forty-one (41) feet, located at 1030 Shel- burne Road. Richard Ward, Zoning Ad- ministrative Officer August 7. 1993 i State of Vermont o.urrunon: �� ri{I•.•.� w'10' fc Drvel•.n•,!ull:urvale �'.. I W- 7INCA linnlOpii: hy9r_tenp .nn.i .i July 28, 1993 Mr. GPrge Harland, Owner Bayvier' Oldsmobile Pontiac Cadillac, Ltd 1030 lielburne Road South $urlington, Vermont 05403 Dear liar. Harland: 'VIENC•Y UI' NA"I' IRAI, RF'SUII[-CES NparttneW of F.nvironmental t'uthervution Air Pollution Conirol nivisiolt 103 South Main Sirrr.t Building 3 South Waterbury, VT 05671-0402 (802) 241-3940 Based on the data you providt..d, the Air Pollution C imtrol Division has determined the GEP (good engineering practice) stack height fOl' the exhaust as,0ci,ctCd with your auto body shop spray booth to be 41 feet above, grade. In order to minie1ai7e the p0tenti<rl for nui ;tree mhirs, the Agency requests that Bayview constntrt a new stack sti h that the exit is at 41 feet alcove ground level and the exhaust is directed veilieally without obstruction. I am confident that this will be a significant improvement over the current cxhawst configuration - Please contact Philip Etter or Chris ]ones of my staff at 241-3840 if you have arty questions concerting this letter. Your cooperation in this matter is appreciated, Sincerely, Richard A. Valentinetti, Director Air Pollution Control Division RAV/ple TI'M: 1-800-253.0191 riCyiClnaI ()fflcas [!alifr/Fs:Nxjrt./PltIsford!N• Spi i wjf i Odd 1 $1 Johilsbuly BAYVIEW ULi�� v �;sii l r i v i it iL -CADILLAC Zoning Office City of South Burlington 575 Dorset St. South Burlington, VT 05403 Re: Request for Variance Dear Sir/Madam: August 23, 1993 I would like to take the opportunity to address the requirements for a variance that directly affect our case. Criteria #4 and #5 are relevant to our particular case. We were served a notice of alleged violation, on May 20, 1993, by the State Air Pollution Control Division of Vermont (see attached letter), that advised us that there had been numerous complaints concerning emmissions from our Auto Body shop. We participated in a meeting on June 3, 1993, at the Air Pollution Control Division in Waterbury, where we were advised by State Officials Philip Etter and Chris Jones, that the best solution to this problem was a higher stack to vent fumes. After further studies by the state agency, it was determined that the emmissions were of a non -toxic nature, however, the odor was causing a nuisance. To correct this situation, we were requested, in writing from the Air Pollution Control division on July 28, 1993, to construct a 41 foot stack, which would be an additional 19 feet above our present stack (see attached letter). On June 3, 1993, we attended a meeting at Orchard Elemantary School, ith the Air Pollution Control Division's representatives, Philip Etter nd Chris Jones. Bayview agreed to construct the stack, hopefully, before the beginning of the school year, upon approval. Criteria #4 for the authorization of the variance touches upon the point of altering the essential character of the neighborhood. Yes, we would be adding an additional 19 feet to our present stack. We determined that, to the best of our knowledge, after an extensive tour of the neighborhood, the stack would not stand out much more' than the present power poles for some residents of Laurel Hill Drive. It might be seen partially by two or three houses on Baldwin, and would not be seen by the residents of Sandlewood Drive. By adding an additional 19 feet to the stack, the Air Pollution Control Division feels that we will substantially improve the public welfare of the adjacent properties, and will in no way substantially or permanently impair the appropriate use or developement of the adjacent property. 1030 SHELBURNE ROAD, SOUTH BURLINGTON, VERMONT 05403 802-658-1212 The State Air Pollution Control Division, in fact, governs our decision to request a variance that is the minimun requirement that will afford relief and will represent the least modification possible of zoning regulations, as stated in criteria #5 of the guideline. We will build a stack that will adhere to their recommendations. Thank you for your consideration in this matter. George Harland President A State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council May 20, 1993 Mr. George Harland, Owner Bayview Oldsmobile Pontiac Cadillac Ltd 1030 Shelburne Road South Burlington, Vermont 05403 RE: NOTICE OF ALLEGED VIOLATION Air Pollution Control Regulations Dear Mr. Harland: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Air Pollution Control Division 103 South Main Street Building 3 South Waterbury, VT 05671-0402 (802) 244-8731 CERTIFIED MAIL Over the past few years the Agency has received numerous complaints concerning the odors and potential toxic air contaminant emissions from your auto body shop at Bayview Oldsmobile. The complainants were particularly concerned due to the location of the shop immediately adjacent to the Orchard Elementary School. Although investigators from this office have detected odors from the body shop on the school property in the past, the Agency had not issued a formal notice of violation and has attempted to work with your employees on a voluntary basis to resolve the problems. More recently, however, on May 7 and 13, 1993, an investigator from this office detected strong, objectionable solvent odors from your body shop on the Orchard School property in violation of Section 5-241(2) of the Air Pollution Control Regulations (see page 20 of the enclosed copy). Because of the number of -complaints received concerning the impact of these odors on public school property, these odors also constitute a nuisance in violation of Section 5-241(1) of the Regulations. The Agency is authorized under 10 VSA Sections 8008 and 8221 to issue an administrative order regarding these violations or to seek civil penalties and other relief through court action. However, the Agency would prefer to settle this matter administratively, by means of an "Assurance of Discontinuance" of the violations in accordance with 10 VSA Section 8007. Copies of the above laws are enclosed. You are invited to a conference with representatives of the Agency to discuss the alleged violations and any corrective actions with the intention of arriving at a mutually agreeable solution. If agreement is reached, the Agency will suspend any further proceedings in this matter. As an initial action Bayview should seriously consider re -venting the fumes from the spray booth vertically via a higher stack without a rain cap to improve the dispersal of the fumes and other air contaminants. ' The conference is scheduled for 9:00 a.m. on June 3, 1993 at the Air Pollution Control TDD: 1-800-253-0191 Pnninn-,I (lfc—, Irt /n-,14-4/IV Cnrinn?inlrl/�'• Inhn�{vi 1 State of Vermont T� l Department of Fish and Wildlife Denartmert of Forests. Parks and Recreation Department of Environmental Conseivation State Geologist Natural Resources Conservation Council July 28, 1993 Mr. George Harland, Owner Bayview Oldsmobile Pontiac Cadillac, Ltd 1030 Shelburne Road South Burlington, Vermont 05403 Dear Mr. Harland: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Air Pollution Control Division 103 South Alain Street Building 3-South Waterbury, VT 05671-0402 (802) 241-3840 Based on the data you provided, the Air Pollution Control Division has determined the GEP (good engineering practice) stack height for the exhaust associated with your auto body shop spray booth to be 41 feet above grade. In order to minimize the potential for nuisance odors, the Agency requests that Bayview construct a new stack such that the exit is at 41 feet above ground level and the exhaust is directed vertically without obstruction. I am confident that this will be a significant improvement over the current exhaust configuration. Please contact Philip Etter or Chris Jones of my staff at 241-3840 if you have any questions concerning this letter. Your cooperation in this matter is appreciated. Sincerely, oi 6L,COAet C' Richard A. Valentinetti, Director Air Pollution Control Division RAV/ple pc John Champoux, Bayview T D D: 1-800-253-0191 Official Use APP�__'ATION # Z2 City of S�,h Burlington Application to Board of Adjustment Dal* July 26, 1993 Applicant Bayview Olds Pontiac Cadillac, Ltd. Owner, leasee, agent HEARING DAT FILING DATE FEE AMOUNT Address 1030 Shelburne Road Telephone # 658-1212 Landowner Peter Val Preda Address 1030 Shelburne Road Location and description of property Commercial -property located on east side of Shelburne Road. Bounded on north by Redwood motel & south by Perry's Fishhouse & east by School. Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use (xxx) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice.a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Height restriction of 35 feet Reason for appeal Installatiop of extension to exhaust stack of 'paint spray booth to a height of 41 feet to satisfy Air Pollution board requirements in order to reduce nuisance 1fro ca�iarah�`lrgtio�b, w11 6��g� housMalong�'1is application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Bayvi w ldsmobile Pontiac Cadillac, Ltd. by: August 9, 1993 Hearing Date S' na ure of Appellant Do no /itk_ke-l-ew this line SOUTH BURLINGTON ZONING NOTICE -- In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Month and Date ,Q Appeal of at Day of Week to consider the following: - -- _m;�o -- - d seeking afrom Section v of the South Burlington Zoning Regulations. Request is for per/mission to (L aaa 7.l993 SIRCH, Stephen & Dianne 1 Duval Street Area zoned R-4 District. Section 18.00 Area, density and dimensional requirements, minimum rear yard 30 feet. Proposed addition 10'x30' to within fourteen (14) feet. Corner lot 1171x94' = 10,998 square feet. BAYVIEW OLDS, CADILLAC LTD. COMPOUX, John, agent Area zoned C-1 District. Section 18.112 height of structures, maximum - 35 feet. Proposed - emission control stack (at automobile paint shop) at 41 feet. No Text NORTH ELEVATION Stove: 1/8"=1'-0" SOUTH ELEVATION Scale 1/8"=1'-0" NEW EMISSIONS STACK sit] SCHEMATIC FLOOR PLAN W Scale: 1/8'-1'-0' �� F�� FT] EEYD L=j,�A- WEST ELEVATION Scale: 1/8"=I'-0" City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 May 29, 1990 Mr. Gerry Barker Bayview Olds -Cadillac 1030 Shelburne Road South Burlington, Vermont 05403 Re: Zoning appeal Dear Mr. Barker: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Municipal Offices, 575 Dorset Street on Monday, June 11, 1990 at 7:00 P.M. to consider your request for a zoning variance. Please plan to attend this hearing. If you have any questions don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp 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 Burlin ton Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, June 11. 1990 at 7:00 pm. to consider the following: t1 Appeal of Gerald and Mary Pepin seeking a variance from Section 18.00 Dimensional re- quirements of the South Burlington Regulations. Request is for permis- sion to relocate an existing 24'x24' garage to within five (5) feet of the easterly side yard, at 9 Richard Terrace. t2 Appeal of Wesco Inc., David Simendinger seeking approval from Section 19.65 Multiple uses of the South Bur- lington Regulations. Re- quest is for permission to operate a mini -mart (approximately 330 square feet) construct a 10'x40' storage area and operate a camper trailer rental business in conjunction with a two (2) bay service station on a lot containing ap- proximately 27,000 square feet, located at 1800 Williston Road. t3 Appeal of John K Crabbe, Jr., seeking a variance from Section 18.00 Dimensional, den- sity requirements of the South Burlington Regu- lations. Request is for ru convert an existing dwelling into i a two-family dwellingg on a lot containing 9600 square feet with 80 foot frontage located at 119 Oakwood Drive. 14 Appeal of Bayview Old- smobile -Cadillac, Gerry Barker, agent, seeking a variance from Section 18.00 Dimensional re- quirements and Section 19.003 Extension of non -conforming uses of the South Burlington Regulations. Request is for permission to con- struct a 25'x60' addition to an existing autobody repair shop to within five (5) feet of an easter- ly rear yard, at 1030 Shelburne Road. it5 Appeal of Susan Eaton and Thomas Pyle, agent, seeking a vari- ance from Section 18.00 Dimensional require- ments subsection 18.104 Interstate set- back of the South Bur- lington Regulations. Request is for permis- sion to construct a 30'x32' two -family dwelling to within thirty two (32) feet of the In- terstate 89 right-of-way, located at 115-117 Oak- wood Drive. Richard Ward, Zoning Administrative Officer Aay 26, 1990 /& ,:;, 0 L-� 40�; 4 - Of ^`;ial Use City of Soutn Burlington Application to Board of Adjustment Date Applicant '4V/aw &-Ds 4y�4� e!�Izzvd Owner, leasee, agent Address �030 �� Telephone # Landowner APPLICATION # HEARING DATE FILING DATE FEE AMOUNT -30 Address Location and description of property � 1-6 V Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use (X ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appeal a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to off -set the cost of the hearing. Provisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) plans, elevations, landscaping diagrams (drawn to scale) traffic data and any other additional information which will serve as support evidence to the Board. Hearing Date Signature of Appell C_ ___ Do not write below this line �Je �_,, SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Day of Week at to consider the following: Month and Date Time Appeal of seeking a '44.t.�l�rt r-v from Section of theo/uth Burlington Regulations. Request is for permission L elf G� O ofe+� s�� C."� � a BAYVIEW OLDS-CADILLAC BARKER, Gerry, Agent 1030 Shelburne Road Area zoned C-1 District. Use allowed under Section 12.214. Conditional uses within C-2 District. Section 18.00 Dimensional requirements. Minimum rear yard - 30 feet. Existing rear yard 5 feet. Section 19.003 Extension of non -conforming uses. Variance granted May 8, 1968 for construction of a 60'x 80' steel building, occupied as a auto body shop. Proposed: 25'x 60' addition (use enclosed spray booth). 4Z9.9b" S�✓EGg- tf/Z- /Po, 4 N WIrw /KJo