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HomeMy WebLinkAboutBATCH - Supplemental - 1457 Shelburne RoadOctober 28« 1968 TO: The South Burlington 8o3rd of Selectmen FROM: The South Burlington Zoning Board of Adjustment SUBJECT; Appeal of Dutch Hill Enterprises, 1457 Shelburne Road Reasons For Grqnting Appeal � A oar wash is operating on the next lot South so ^ this will not be out of place in the area. This car wash will cater to a dlfferqnt type ouetomer, 2 With two auto sales on this street and two more ~ scheduled, a service of this type is natural. 3° A large truck terminal is to be built at the rear of this lot. 4, This use will not be as much of a traffic generator as other possible maee may be~ ' 5, The proposed building will blRnd well with the surround inqs° 6° Due to our severe winters this is a much needed service. Albert I" olds, Chairman Robert M. Martinoau George A. DaForgo Frederick J. Fayette, r~ ZONING BOARD T E T Z�4P ele/ c- /--7z p7 e Be, �G� � � TOWN OF SOUTH OURLINGTON, VERMONT D a te: Extr@ Work Ordor Change Order No. File No. (Gross onc ou) Contract Project -----.,— (Sewage treatmcnt ( lant. in,".-orceptur, pumping statinn or other) name— ede.riil Grant) nt recei.ving Owner's add Contractor's Contractor's Description of Change to Contract- or work: Reason for Mudi-ficatiml or Need fop Extra work: I 7 Iternization of Contractor's Proposal on this Ghi-inge. App-rovals: Owner Data jAu ttj—o r1*2ej—,,j-p;- f n —0atc!----Statz,- U.Jatbr Pollution Agency JOHN T. EwING ATTORNEY AT LAW 86 $T. PAUL STREET BURLI NGTON, VERMONT October 24, 1968 Mr. Henry N. LeClair Town Manager South Burlington, Vermont Re: Dutch Hill Enterpri Dear Henry: I have reviewed the minfte-�t-14e Zoning Board for their October 16 meeting, in refe�ce to - t:j-ie appeal of the above seekinriance to%ognstruct a car wash on Shelburne Road. he estion is whether the legal notice in the new p4per w)l sufficient. It is my opiniol%� F sufficient. Section 13.50 of requires that the ti address or locatio f the brief description f 7the ap I to me that these r(quiremen s paper advertiseme JTE/p W ha e legal notice was ;n Zoning ng Ordinance lh"shall contain the K-hy.... as well as a cat on...'" It appears are fulfilled by the news - Very truly yours, John T. Ewing RECEIVED OCT 2 51968 TOWN OF so. 8UAING ION MANAGER'S OFFICE 0 I JOHN T_ EWING ATTORNEY AT LAW 1 86 ST. PAUL STREET / BURLINGTONNERMONT AREA CODE 802 October 24, 1968 864-4556 Mr. Henry N. LeClair Town Manager South Burlington, Vermont Re: Dutch Hill Enterprises Dear Henry: I have reviewed the minutes of the Zoning Board for their October 16 meeting, in reference to the appeal of the above seeking a variance to construct a car wash on Shelburne Road. The question is whether the legal notice in the newspaper was sufficient. It is my opinion that the legal notice was sufficient. Section 13.50 of the Zoning Ordinance requires that the public notice "shall contain the address or location of the property..., as well as a brief description of the application..." It appears to me that these requirements are fulfilled by the news- paper advertisement. Very truly yours, John T. Ewing JTE/p RECEIVED OCT 2 51968 TOWN OF SO. SUwUrGtON MANAGFR'S OFF4C6 EXHIBIT A LEASE EDWAR D CRANE TO DUTCH HILL ENTERPRISES The parcel of land described in premises under number 3 consists essentiallq of a rectangle which starts at the Northeast corner of the present lot leased to the Champlain Ventures Carw&sh and extends along their East border to an approxin'ate depth of feet and then turns S'0 degrees and extends Nor; h p 29x the East border oCorpo edge of my land. f the Vermont Terrninai east for 100 felt along ration Property at the It then turns 90 degrees and ee::t®nd• approximately 2`j2 feet to $helburn® Road aiad then turns 9f} dePP matelp degrees and go©s 1(?0 feet back to the point of origin. 4H c N THt �Yzx i ,�oTov7`y._� Sc y,Eo a,-1E� � �S Wiz,!! ,c e � .�� (f� �_/i2-I<�_� ?"/LvG,�I Tyr �rh/� G.. 7� �� ,t�✓t c.-�'" __ 1 n D v cSf'd ,�"a2� C ti7-)6Af ,r. A 8 F(z,f T. RF-Y-!-- l-,Os a.#,CaT !Lt 1'i%, e%/M E October 2e, 1968 TO The 3ouih Eurlinr *of7 .1:. ro of ;e19 t7an v ': Thr 73'.Jth p:'.r4 bri t �r an3itn 3oaT f3 ^iu �U3tE'4n If 5 t J 3J C # {1}�, � i of i Lt r li n C�rr1a i. 3PJ p L�+5 Reason For ;rantinR Appeal 1. A car wash is aporacn the naxt lot nu-vh this will not tie cut, ;,.I= ca In the area. Thy_ car wash will cater to a oiffsrent tyre customer. 2. With two 3l o si=les _in this :;trept =md tied scheduled, a service of this type is raturwl. 3. A large truck terminal is to be built at the rear of this lot. 4. This use will not be as much of a traffic anneratar, as other possitle uses may be. W 5. The proposed building will blend well with. the surround9n-Is. 6. Due to our severe sinters this is a much needeL service Albert 1. 3eynolda, CbEdramn Robert M. Martin-7Fu George, A. DeForge Frederick 13. FaVette, T. LAW OFFICES OF KOLVOORD AND OVERTON ESSEX JUNCTION, VERMONT 05452 TELEPHONE- 802-878-3346 PHILIP A. KOLVOORD ALAN D. OVERTON October 7, 1968 Mr. Henry LeClair Town Manager South Burlington, Vermont Dear Henry: Pursuing my conversation with you, I visited with the Zoning Board on Wednesday evening. As a result of this conversation and a visit with Dr. Crane who owns certain land on Shelburne Road, I have agreed to lease certain property on Shelburne Road consisting of the land immediately to the rear of the existing car wash and I would propose to build a Robot Car Wash on that location. Since the property is already being used for a car wash it would seem that this use is approved. To the rear of the proposed car wash, we would like to install pumps to allow us to sell gasoline to the vehicles just before entering the car wash. In discussing this matter with the Zoning Board it was generally thought that it would be necessary for me to come before them to request the accessory activity involving the sale of gasoline and that if approved by them this would have to go before the Selectmen. I would very much appreciate your proceeding immediately with whatever steps are necessary to get the matter heard. In the event that any fees are required, please let me know and I shall be happy to forward you a check immediately. I shall call you relative to this matter; however, I wanted to put this in writing so that we could proceed with this just as quickly as possible. Thanking you in advance for your kind cooperation in this matter, I am to PAK/gl� ,. Cordially, Philip A. Kolvoord RECEIVED tt • • tip• TOWN OF SO. SW LING i ON MANAGER'S OFFICE October 8, 1960 j Doard if f ice on for -.r,3tor Mr. Henry LeClair Manager, Town of South Burlington South Burlington, Vermont Dear Henry: After giving the matter some thought, I have decided to write to you relative to the recent action of the Zoning Board upon the application of Dutch Hills Enterprises, Inc. to operate a car wash at the corner of White Street and Williston Road. I feel that the action of the Zoning Board in denying the request was arbitrary and unreasonable in light of the facts of the matter. The sole question before the Zoning Board in this matter related to the size of the lot in question. The zoning ordinance specifically per- mits the use in question upon this land and specifies set -back, side line and other requirements, all of which were easily met$by the proposed use. The lot in question actually is substantially larger than that necessary, and I believe that there was no issue as to this matter raised. At no time did the Board indicate that there were any traffic hazards with this proposed use; to my knowledge, no one appeared to object to this proposal, and in fact, two adjoining land owners, both having substantial investments to protect, appeared in support of the proposed use. Yet, the Zoning Board turned the request down, evidently because it did not feel that this use should be permitted at this location. I believe that the Board should be commended for its candor, since it expressed its reasons clearly the evening of the hearing, and I believe further expressed its reasons later in its minutes. The reasoning of the Board; also appeared in the paper the next day, when it was indicated that.the refusal was out -he -basis of use, and not on the basis of lot area. The land in question was a separate lot before the enactment of the zoning ordinance. I feel that there is a very substantial r u st y i s to the Mr. Henry I -eclair -?..- September 19, 1968. necessity of obtaining zoning approval on an undersized lot, if it was in exis- tence at the time of the ordinance. Practically all ordinances exempt such lots, and I believe that such an exemption exists by inference whether it is spelled out in the ordinance or not. Otherwise, the ordinance would effect- ively take land without compensation to its owner, since no use could. be made of the property. I expressed this to you and I believe that you indi- cated that you would not issue a building permit upon this lot, and that I would have to go to the Zoning Board. For this reason, we made applica- tion to the Zoning Board, since I desired in all good -with to cooperate with the Ty,;-n as much as possible. The Zoning Board acted, I am sure, in a way which they thought was best for the Town of South Burlington in terms of planning. I do feel that the only question in this matter which could possibly have been at issue is whether or not the lot was big enough for the proposed use. There was no contention at any time that this was ever a problem, and the Board and yourself, I feel, should be commended for your candor in indicating that the only reason the application was turned down was because of the pro- posed use. I feel that an appeal of the decision would result in its being over- turned by our County Court. I do not desire to make any such appeal, if it can be avoided, since I feel that the provisions of lot size has been very use- ful in your ordinance in giving you control over businesses which desire to locate in the community, especially with regard to their aesthetic appearance, On the other hand, I do feel that we expended considerable amount of money to provide a building with a good aesthetic appearance, and one that plea sed the neighbors. I feel that the requested use is allowed by the ordinance; and I would appreciate your giving this letter some consideration in the hope that this matter can be dote rmined without the necessity of an appeal, which would not only delay the matter, but might result in the zoning ordinance being less effective in the future. I appreciate your kind consideration to date, and thank you for your cooperation in this matter, and should,you have any questions relative to my position, I should`be"more than•happy to discuss the matter with you at any time. Cordially, :Philip A, Kolvoord PAKlpk August 27, 1968 Philip 4, Kolvoord c/o Dutch Hill Entf�,rprises Essex Junction, Vermont 05452 Dear Mr. Kolvoord: This is to notify you that the youth Burlington Zoning Board of Adjustments will hold a public hearing at the Town Office Building, 555 Dorset Sti-ect, .South Burlington,, Vermont on Wednesday, jepteMber 4, 1968 at 7:30 P.M. to consider your request for a variance, Please plan to attend the meeting. Very Truly Yours, George F. ':Silver Assistant Zoning Administl7ator GFS/cc 713 ,V, r 4A y A Pil qiVl Z,f,q,I M IA ff, VA Yx N, 2t IR 0 "'j Wk,, 'Oik' V1, fk. i� �N r-,t 1 rf., -� x4 , tw tfita R 1R Y14 2, `R� .— .!W4fi T T sr, 13,111111AN RKAWO-101 m p"ro" c j f, F Ai jf '4 Ft ro 04* -'A%'q, �r pq 4 '0 "1 i A 9?k ro 4 'Al 1 21 io Wl� PHILIP A, KOLVOORD ALAN D. OVERTON LAW OFFICES OF KOLVOORD AND OVERTON ESSEX JUNCTION, VERMONT 05452 TELEPHONE: 802-878-3346 August 26, 1968 Mr. Henry LeClair Manager Town of South Burlington South Burlington, Vermont RE: Dutch Hills Enterprises Dear Henry: Pursuant to our discussion I would very much appreciate your placing upon the official agenda of the South Burlington Zoning Committee the request of Dutch Hills Enterprises to operate an automatic car wash upon the land comprised of the lots presently owned by the Moses Proman Estate and Mr. Edward Brown situated on the corner of White Street and Williston Road. The request is based on the requirement in the zoning ordinance for a minimum of 40, 000 square feet. I believe that the set back, side line and use of this particular land is consistent with the zoning ordinance. Also enclosed herein is my check in the amount of the fee. I would appreciate it if this matter would be carried under the name of Dutch Hills Enterprises as this is the name of the Corporation who is involved in the proposed purchase and operation of the land. Cordially, Philip A. Kolvoord PAK/cs