HomeMy WebLinkAboutBATCH - Supplemental - 0017 Brigham RoadrWLRT.FR(lTC
A check with Atto_ y Spokes revealed that all bea front properties extend
to the mean low water mark
Lake Champlain Transportation indicates that the mean low water level is 92.86 feet
The stone retaining wall as proposed by Mr. Charlebois along Potash Brook and
into Lake Champlain is entirely within his property boundaries.
A copy of the drainage study is enclosed.
CHARLEBOIS
17 Brigham Road
Area zoned C.O. District
Section 3.30 Use limitations
C.O. District 150 feet depth along Lake Champlain - high water level, elevation
102.5 feet and 100 feet centerline of stream, Potash Brook.
Request to construct retaining walls along stream bed and Lake Champlain.
Proposal has been reviewed and approved by the Army Corps Engineers -
(see enclosed letter)
City Engineer is planning a review, his comments will be mailed at a later date.
MEMORANDUM
To: South Burlington Zoning Board of Adjustment
From: William J. Szymanski, City Manager
Re: Zoning Board of Adjustment next meeting agenda items
Date: 4/17/84
1) Charlebois-Brook Riprap and Lakeshore Wall
1. Brook should be riprapped on both sides with a channel width and height
sufficient to accommodate a ten year storm. If flow velocity exceeds 2 feet
per second, the bottom should include riprap.
2. The wall should be constructed at a depth that it will not be subject to
frost action.
3. Plans must be prepared and signed by a Vermont registered professional
Engineer.
DEPARTMENT OF THE ARMY
NEW ENGLAND DIVISION, CORPS OF ENGINEERS
424 TRAPELO ROAD
WALTHAM. MASSACHUSETTS 02254
REPLY TO
ATTENTION OF
Regulatory Branch
NEDOD-R-13
Mr. Real Charlebois
Charlebois Garage
557 Riverside Avenue
Burlington, Vermont 05401
Dear Mr. Charlebois:
December 2, 1983
This refers to your letter of November 3, 1983 concerning your
proposal to place 220 linear feet of riprap with less than an average of
one cubic yard per running foot in conjunction with shorebank {
stabilization on Lake Champlain in South Burlington, Vermont as shown on
the plan entitled, "Proposal for Real R. & Bertha B. Charlebois, 17 Twin
Brook Court So. Burlington, Vermont" in one sheet dated "Nov 3, 1983."
That work is permitted under Title 33 Code of Federal Regulations,
Part 330.5 as published in the 22 July 1982 Federal Register and does
not require submission of an application or further processing. All work
is subject to the attached conditions. A bulkhead proposed as part of
the project is not within our jurisdiction.
Any temporary fill, such as roadways or cofferdams, etc., placed in
the waterway or wetlands for construction of this work and not shown on
your plans will require a regular permit.
You must still obtain any other necessary Federal, State, or local
permits before beginning work.
Should you have any questions, please contact Mr. Douglas Sparrow at
617-647-8150, or use our toll -free number 1-800-343-4789.
Sincerely,
Raymond Francisco
Section Chief
Regulatory Branch
Operations Division
Enclosure
�w
�s
x
NATIONWIDE PERMIT CONDITIONS
Activities permitted by the 22 July 1982 regulations, 33 CFR 330, without
further processing, are subject to the following,conditions before work
may begin:
(1) That any discharge of dredged or fill material will not occur in
the proximity of a public water supply intake;
(2) That any discharge of dredged or fill material will not occur in
areas of concentrated shellfish production unless the discharge is directly
related to a shellfish harvesting activity authorized by paragraph (a)(4)
of this section.
(3) That the activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy or
adversely modify the critical habitat of such species. In the case of
Federal agencies, it is the agencies' responsibility to review its activities
to determine if the action "may affect" any listed species or critical habitat.
If so, the Federal agency must consult with the'Fish and Wildlife Service and/or
National Marine Fisheries Service.;
(4) That the activity will not significantly -disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary purpose
of the fill is to impound water);
(S) That any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants (See Section 307 of Clean Water Act) in toxic
amounts;
(6) That any structure or fill authorized will be properly maintained;
(7) That the activity will not occur in a component of the National Wild and
Scenic River System; and
(8) That the activity will not cause an unacceptable interference with navi-
gation.
(9) The following management practices should be followed, to the maximum
extent practicable in the discharge of dredged or fill material in order to mini-
mize the adverse effects on the aquatic endironment:
(a) Discharges of dredged or fill material into waters of the United
States shall be avoided or minimized through the use of other practical alternatives.
(b) Discharges in spawning areas during spawning seasons shall be avoided.
(c) Discharges shall not restrict or impede the movement of aquatic species
indigenous to the waters or the passage of normal or expected high flows or caus 'herelocation of the water (unless the primary purpose of the fill is to impound war`.,).
1.
(d) If the -discharge creates an impoundment of water, adverse impacts
on the aquatic system caused. By the accelerated' passage of water and/or the
restriction of its flow-, sha,11 be minimized. /
(a) Discharge Ch wetlands areas shall be avoided.
(f) Heavy equipment working in wetlands; shall be placed on.mats.
(g)' Discharges into breeding areas for migratory -waterfowl shall be
avoided.
W All temporary fills shall be removed in their entirety.
Z.
April 25, 1984
Attorney Richard Spokes
Spokes, Foley & Stitzel
P.O. Box 986
Burlington, Vermont O5401
Dear Dick:
I will need a letter or memo from you regarding the location of property lines
Of people owning property bordering Lake Champlain.
The mean low water mark generally is stated in the deed.
After calling Lake Champlain Transportation the mean is at elevation 92.861.
The issue before the Board of Adjustment is ownership of the beach beyond a
certain elevation.,_
My next meeting is scheudled for May 14, 1984.
Any questions call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/mcg
April 9, 1984
Mr. Real Charlebois
557 Riverside Avenue
Burlington, Vermont 05401
Re: Zoning appeal
Dear Mr. Charlebois:
Be advised that the South Burlington Zoning Board of Adjustment will hold a
public hearing at the City Hall, Conference Room, 575 Dorset Stree*on Monday,
April 23, 1984 at 5:00 P.M. to consider your request for a zoning variance.
Please plan to attend this meeting.
Very truly,
Richard Ward,
Zoning Administrative Officer
HW/rmg
Mr. Fred. Blois, Ch:9.irman
Zoning: Board of Adjustment
Dear Sir:
I felt rather pressured by time limi-
t-tions placed upon mf: at the meeting on
April 23. I do not know lust hour many of
my concerns were included.
I qm therefore pinicing the full, nnper
in the hands of the Board, with thF� refer-
ences ,appended_. And of course, you should_
n7_eohave the results of the Bartlett "3,ay
dr-i Lna.,ge study.
There are serious problems in this urea.
They have been a long time in the mq�king.
I apprecie,te your willin�ne,ss to delve into
it more thoroughly.
Some tT,Tenty femilits, wilo 'nave built or
moved in under the Camp Bartlett 4eeds are:
C3ffected. It. is interesting; to note that
this "PUD" anticipated South Burlington Con-
servation District re,gul t—ions by 45 ,years.
Those who drew them up should be credited. with
a great deal of foresight, and any deviation
should be granted equal foresight. For this
reason I urge the Bo.srd to visit the area et
their enrl_iest opportunity.
Sincerely,
4/2 5/84
I
I
Statement re. Recuest for wgll in behalf of RAal Char..legois.
A geographical, ecologicpl, anal historical perspective is
essential for a consideration of this, or any other retition,
in Blgrtlett Bay. A complete study of the drainage arena is sal-
reBdy in file so my comments have to do with the area from
Brigham Road to the I.Pke.
This is a dr=tinage basin --a backw- sh, an. overflow s*;fety
valve. It must be looked upon as a unit, suite Pstde• frond the
property lines. It is bound on the north of Let 21 by a brook ,
which we c^11. North Brook, which trgverse+s n sma1.1. ravine and
drains the high around to the e=)st and north; on the south of
lot 20, by another hrook, which drains much more bf the high
ground to the enstr. Both cirry much silt dirpctly into the
Lake. Together with high Lake levels oc-urring every few ,years,
the aree is subject to severe flooding. Wpters co- ing from both
directions at once, not infrecauentl,v, can and do back up into
the brooks to over 100 feet.
Records of Lake levels buck to 1871, show:
31 yesr�- over 101 ft above sea level (flood stage)
10 of t ease since 1968.
December 1c3839 normally a low point, was 100.43--s, record
Rise was very rppid--almost 2 ft. in four days.
Aversge rise in high water years is 6 ft. It was 7.3 ft.
in Spring 1.483. There were 4 vrs when It rose 8 ft.
Free Press, April_ 23, giv: s water level of 102..1 ft. in 1869
Original development p1Qns for the nr-�!a recognized the no-
tentipl for floodin,x. Planned lots (threes all set back about
lq0 ft. The lot lines drawn in at a later date, takers two lots
dawn to the low water mgrk--50 ft. below high water, or Pt the
line as it anpeared in 1020, and which still defines the deeded
line. This is approximately at the 98 ft. ses level Line
At the time of the m91), front -Pre -is some 85 ft. between brooks,
whereas the dimentions in 1964 added up to 12.9 ft., a rather remar-
kable change. It is uncertain to what extent this may have been
from other than natural, cause^.
I do know that around 1958 the north brook was shifted send a
treated water line runsfrom the plant in s. straight line to the
Lake. This cannot account for over 49 ft. The greater change was,
and is, in the channel of the South 9rook, as it traverses the
beach. The map shows 9,rproximately 6) ft. of access, whereas now
there is less than 15 ft, nt least 6 ft. of it S--ook. Mr. Farrell
added 2-6 ft. so th')t he could hnvF a basement. Mr. Farrell was
urged to set his house b-nck more in line with that &lready built.
This enmplaguilt by Dr. Hoy Bartlett. He ,,knew this gegraphy of the
area.) Mr. Farrel -,Its house was only 21 ft. from the high water mark
and less than 1r; ft. from the stream bank which is subject to the
same degree of flooding. Mr. Farrell left the south wall of the
'house open for access through P garage door. It is clear that a
house so located was at high risk.
The yearn from 1969 to 1973 were high water years. 'later
poured into the basement from the brook. Mr. Farrell had also
filled in and seeded the beach area, contrary to the conditions of
his deed.. It Tgas all sandy beach the first time I saw It. to my
dismay, the second time there was a wall and piles or dirt Rt once
cutting off half my virw. The fill below the hich water mark (bea-ch
(area) eroded away, most of it coming Ty wry (roint of least r.ests-
tence, since lower) to,rethpr with tons of debris. It was necessary
for me to rebuild my lawn three time-s and to rPpnir the north brook
on two ocensions during these .years.
Thus wells or obstructions Dut in to "contain" Lake: Champlain,
by restricting the area of overflow simply funnel that overflow
onto neighboring lnnds, and erode the banks.
South Burlington took steps to protect the Lake in 1_973,
passing zoning ordinances requiring 1r)O ft. set -back of any
construction along the Luke front and 50 ft. from minor steams
leading into Lake. Sadly, So. Burlington hps allowed variances
such that this Rood intent is nullified. A recent example, and
a rsrti.cularly unfor.tungte one, is the r'aige11Bser wall. extend-
ing north into the normal overflow tires, in use for 40 ve qr. c , by
some $ ft. This vsrience h'as cremated an ecological disaster,
wafting to happen. The house Is incompatible with these surroun-
ding and inanrroDriate for the lot size; it is only 5 ft. from the
property line, scarcely 10 ft. from the stream which overflows -
whenever the water is high. Parenthetically, I might add that for
two or three weeks slurry wqs pumped from the excpvation for this
house into the stre-m. cutting into they hank, all of which will
go into the Lske.
Each variance triggers another DeLtition, each property owner
seeking to minimize the flood demnge. But it is impossible to
recltrict the flow of La'-e Chsmplsin writers, It will, find or make
other opening. Even wells will not nr¢vail. Some may remember
the collapse of Mr. "ustin's well. The wall replacing it is higher
end. further toward Lake. If the original wall, was vulnerable this
wall would aappesr to be even more so, end, indeed it is craacked
from top to bottom on the south-west corner. eater seeps out from
under it where it meets the neighboring walls. Aster also splashes
over it when the Lake Roes on s. rampage.
Steadily, since IQ29, construction and development hfave ens
crosched upon the Lake. People have and continue to build as close
a.s .possible, errectinv walls, pushing boulders ggInst the banks, and
hoping* for the best. The 'hest is not Mood enough. In the last 15
years everyone has faced severe bank problems, some continuously.
If we are unwillinm to look upon the Lake as a precious resource
of which So. Burlington has all too little, we will inevitably
contribute to the eutropl.icatior of the L,ake--somethinv,, that is
already well=-dvanced in this are;.
On the basis of the record for the last ill years and in par-
ticular, the last 14 years when I hnve hid first-hnr_d experience,
no wall should be allowed further lake, -ward- than the 'yank now is,
approximately 101 ft. above sea level. Even so, the actual high
water marker is back from this at 102 ft. If Mr. Gharlebols' 'Pur-
pose is to protect his house, this should suffice. On the south
side he needs only close in the w9ll where the door now is, with
adequate seal .and necessary fill to conform with that "lready there.
No door can hold hack waters of Lake Champlain:
There is also an ordinonce► for-Addirp, destruction of vegita-
tion along steam hanks. Therr- are about 2r) trees along the bank.
In particular a clump of 'hlat-k willows, At the high water mark,
will protect the southwest corner of his property fnr better than
any xqn-made construction. Thev are rehsiste.nt to sand, flo-ds, y
and lure to A very Old PgP.. It would -iprerar that they once defined
the natural bank. Any wall will kill most of these trees on this
line, either by root dsmnge or smoth,FIring. A numbrr of trees on
this lot h-)ve already died from this cause.
To the north Mr. r'arrell asked me to keen four feet open and
agreed to do the same, for mutual gcces5. As he knew, a v-ritince
had been mgde Arior to my pureha-ing next door, in 1963 or 1964,
such thgt there is 1e.sc7 than 15 ft. between my nntio (which WqS
on a cement slab, roofed over, and screened) leaving onlv gbout
5 ft. clea.rence. I stron7,Sb,ject to be-incx "walled in" and insist
that gny wall conform to the' required 15 ft set-backb
In summery:
I believe_. the Zoning code is a good one. It w-s approvpd by
the voters, and offers the best protection to the Irgke. It should
be adhered to unless there are- comre!lling regacors to make excep-
tlons. There` has nevFr been a wall, 1n this *area, so no grand-
flthsr clause Applies. This is one of the very few areas where
there is a sandy bench. Trashing the: beach (i.e., filling, allow-
ing it to go to weeds, cutting or in,jurinx trr•es, and fal.lure to
clean up) will eve'ntugll.v dastrov it. Wildlife is discouraged.
Feeding ducks, te. eteri..nv sandniners , visits of .n ,grest blue heron
offer much nleasure and partial comnensnti.on for tie work involv-
ed in maintaining beach nroperty. Mr. Chnrleboiae boat, a sort of
houseboat which must be moored to a dock, taking up much of the
beach, is also detrimentgl. 1n th•at it imredes the n,,turral flow
from the brook.
The Charlebois' are here only on weekends. Thev do not renl-
ize, I think, how much protection they have simply bedsa.use I Am
in residence full time. I also nay for the: yard light which
throws more light on their property than on mine! I once chased
three children from th.gt property. They were, trying to set fire
to w tr,e•e with a cigllrettel.ighter. He has alr�eady planted•- n
hedge along the mutual line by my r1ri.vew9y, within three inches
of the line, without consultl.ng me. This makes it necessary to
ink snowshort of this hedge and tends to channel the run-off cfown
My side and under the patio. He hss slso planted a spruce tree
less than two feet from the! line. Ahem mAture this will have an
eight feet spread, blocking; the entrgnce to my south side.
The wall offers them no nromise of protection, -outs my
property end th^t of the neiwhhors in ,jeopardy, impedes my view,
spoils the pleasure I and others t7ke in the nntursl environ-
ment, mould be aesthetically unancentable. To what rurnose?
Owners living on r_ithPr side of the south 'nrook h^ve always
been st lowzerhends os to ,lust where th^ bAnk of the brook is.
The nrohlem i.s that it is impossible to estahlish n marker in
this Brea of shiftinsr, sand. It has +Pen tried several times
end slways the. ms.rker has heen w,gshed out ovowr t11e winter or
In spring flooding. I fear the onl.v result of rinran bn the
lower bench (below the high water mark) will be to litter the
beach with ghsrp stones, a dangerous hazsrd to the unwary feet
of children, the chief beneficiaries of the beach. This fact
Is probably the re.eson that other proV-er-tieO read onlv to the
high water.
Submitted to So. Burlington Zoning Board
April 23, 1984
1) See Lake Chsmr1 yin Newsletter-, Lnke Cho -glair 13msin Study,
Lake Chamrlsi.n S1+oreline Erosion Control Foller, All avail-
able from L.,,kes Chamrla.in Committee, 14 So. Williams St.,
Burlington, tel. 658"1414: The OthAr Parer, Sept. 1970.
2) Accordinq to ChAmnl-Ain Water District mnp, Pot,sh Brook is
ne-r Swift Street and drains in the direction of Queen City
Ps+rk. Bartlett Boy brooks have no names.
SPOKES, FOLEY & STITZEL
ATTORNEYS AT LAW
184 SOUTH WINOOSKI AVENUE
P. 0. BOX 986
BURLINGTON, VERMONT 05402-0986
RICHARD A. SPOKES
JAMES D. FOLEY
STEVEN F. STITZEL
May 7, 1984
Mr. Richard Ward
Zoning Administrator
575 Dorset Street
South Burlington, VT 05401
Dear Dick:
(802)862 - 6451
(802) 863-2857
ISAAC N. P STOKES
COUNSEL
You asked me to research the question of where the boundary line of
properties bordering Lake Champlain is located. There are three Vermont
Supreme Court cases which address this issue:
State v. Cain and Burnett, 126 Vt. 463 (1967)
Hazen v. Perkins, 92 Vt. 414 (1918)
McBurney v. Young, 67 Vt. 574 (1895)
The cases utilize the terminology "ordinary low water mark", "definite
low water line" and "the water's edge". None of these standards are
further defined by the Court. There is no question that the boundary is
the low water mark, but there is a question as to what exactly the low
water mark is. We cannot define the low water mark with any exactness,
but can advise you that the boundary is somewhere in the vicinity of
water's edge during typical summer months.
Very truly yp+rS,
Richard A. Spokes
RAS:mil
MEMORANDUM
To: South Burlington Zoning Board of Adjustment
From: William J. Szymanski, City Manager
Re: Charlebois
Date: 5/18/84
Dick Ward, and I met with Al Pidgeon on May 15, 1984 and discussed the above
referenced project. Mr. Pidgeon is a registred professional engineer and is
also in the construction business. He has experience in stream protection
work.
Mr. Pidgeon said that in his pass work experience of this type, it was always
protection on both side of a stream. However, it was his opinion that if the
channel were moved 5 feet northerly that damage to the opposite bank would be
minimized. He said that damage would be as a result of eddy currents resulting
from the stone rip rap and moving channel would keep the currents away from
the opposite bank. He also recommended that the stone be up to 12 inches in
size and placed also in the bottom of channel for a depth of 18 inches. The
18 inch depth also up the slope for a depth of approximately 2 feet. The side
slope should be at a 2 feet horizontal and one foot verticial. It was his
opinion the concrete retaining wall footings be at a depth to allow a minimum
of 5 feet of earth cover to protect it from any possible frost action. He did
not feel that construction of the retaining would have an adverse affect on
the adjacent property owner.
May 25, 1984
Mr. Real Charlebois
557 Riverside Avenue
Burlington, Vermmt 05401
Foe: Zoning appeal, 17 Brigham Road
Dear Mr. Charlebois:
Be advised that the South Burlington Zoning Board of Adjustment has denied
your request to rip rap the brook located on your southerly line and to
construct a retaining wall on your west and north lines.
The Board will issue formal findings at a Later date.
They generally find that the design as proposed is to large in scale and
would create problems to properties of others.
If you have any questions please don't hesitate to call me.
Very truly,
Richard Ward,
Zoning Administrative Officer
RW/109
0
LISMAN & LISMAN
ATTORNEYS AT LAW
P.O. BOX 728
BURLINGTON. VERMONT 05402
802-B64.5756
BERNARD LISMAN
CARL H. LISMAN
ALLEN D WEBSTER
MICHAEL MARKS
May 14, 1984
Mr. Richard Ward
Administrative Officer
Zoning Board of Adjustment
City of South Burlington
575 Dorset Street
South Burlington, VT 05401
Charlebois
Dear Mr. Ward:
OFFICES LOCATED AT
191 COLLEGE STREET
BURLINGTON. VERMONT
LOUIS LISMAN
COUNSEL
Mr. and Mrs. Real Charlebois have sought permission to
construct
(a) a retaining wall along the north and south (side)
boundaries of their home parcel on Twin Book Court, and
(b) a retaining wall along their frontage to restrain Lake
Champlain.
No water course will be altered or relocated by the proposal.
The lands owned by Mr. and Mrs. Charlebois consists of Lots
20 and 20A as depicted on a plan of Camp Bartlett, dated April
28, 1963, and recorded in Volume 49, Page 121 of the Land Records
of the City of South Burlington. The westerly boundary of their
lands is described in their deed as being the low water mark of
Lake Champlain; the frontage is 85 feet, more or less.
The Supreme Court has ruled on many occasions that the
public interest in Lake Champlain commences at the low water
mark. State v. Cain and Burnett, 126 Vt. 463 (1967); McBurney v.
Young, 67 Vt. 574 (1895). The mean low water mark is 92.86 feet.
Rights of Neighbors to Beach. Deeds to predecessors to Mr.
and Mrs. Charlebois contain the following language:
Mr. Richard Ward
Page 2
May 14, 1984
The lake shore between
times perpetually as a
all lot owners and for
only.
Lots 7 and 8 shall be reserved at all
beach or lakeshore for common use of
leaseholders for bathing purposes
The proposal to erect the retaining wall is not inconsistent with
that deed restriction. Indeed, the shore will be unaffected.
The deed language does not define the depth from the low water
mark that is available for bathing purposes. As the construction
plan proposed by Walter Adams clearly shows, there is a
substantial distance between the low water mark and the wall.
Furthermore, Mr. and Mrs. Charlebois strongly believe that
this issue is not for the Zoning Board to resolve; if neighbors
feel that their rights will be threatened, their appropriate
remedy is not to the Zoning Board but to the judiciary.
Sidelines. The Edwards property lies immediately north of
Mr. and Mrs. Charlebois. The common boundary is defined by
reference to monuments and plans; the portion of the wall
proposed for the Charlebois' northerly line is set back from the
boundary line and does not encroach on the Edwards' land.
The Price property lies immediately south of the Charlebois
land, and the brook, as it was located in 1963, forms the
boundary. Mrs. Price has voiced no objection to the proposal.
Public Good. At the close of the prior session of the
Board's discussion of this application, Board members inquired
whether the proposal would further the public good or threaten
it. Mr. and Mrs. Charlebois firmly believe the proposal benefits
the public:
1. It will inhibit (and perhaps end) further encroachment
by the Lake.
2. It will not threaten use of the beach area by those
entitled to use it. It will also protect existing
trees and vegetation.
3. It will not threaten neighboring properties or threaten
the stability of neighboring properties: as Mr. Adams
has testified, it ought to reduce alluvial "fan -out".
Mr. Richard Ward
Page 3
May 14, 1984
4. The stream flow, having increased over the years, is
now eroding its banks, and the erosion is likely to
become worse on both banks. According to Mr. Adams,
the riprapping proposed by and Mrs. Charlebois
ought, in the long run, ���
eneficial to the
opposite bank.
veryj try liyj yours,
Carl
CHL/ddp
LAW OFFICES OF MARC E. WIENER
P.O. BOX 433
70 CHERRY STREET
BURLINGTON. VERMONT 05402
(802) $63-1836
DAVID T. OLENICR
ASSOCIATE
June 3, 1983
Mr. and Mrs. Real Charlebois
184 Prospect Parkway
Burlington, VT 05401
Dear Mr. and Mrs. Charlebois:
This letter is addressed to you by a group of neighborhood landowners in the
Bartlett Bay area. We are among a group of landowners entitled to the use
of certain beach front property on Lake Champlain as such rights are described
in a Warranty Deed to you by Louis E. Farrell dated July 6, 1977, and recorded
in Volume 134, Page 158 of the South Burlington Land Records. The specific
language in your Warranty Deed recognizing this right is as follows:
"This conveyance is subject to... the right of other landowners and
leaseholders in Camp Bartlett perpetually to use the lake shore portion
of the land hereby conveyed for bathing purposes..."
"This conveyance includes the right, in common with others, to use
the lake shore frontage for bathing purposes as described in said
condition No. 8 of said Conditional Warranty Deed."
These rights date originally to a Conditional Warranty Dted from Marjorie F.
Ladue to Roy R. Bartlett and Catherine P. Bartlett dated -January 25, 1930
and recorded in Volume 12, Page 570 and 571 of the City"of South Burlington
Land Records. This Deed states that these rightssshall be carried forward
forever. -�
"The said land is conveyed subject to the following conditions and
restrictions, which shall forever run with this land..."
This original grant of rights applies to the lakeshore between lots 7 and 8
as said frontage is depicted on a Plan of Lots recorded in Volume 8, Page 597,
of the South Burlington Land Records.
Rights transferred to lotowners of said land between lot number 7 and lot
number 8 (your property and that of Miss Edwards) is as follows:
1;�ijlae lake shore between lots Nos 7 and 8 shall be reserved at all times
perpetually as a beach or lake shore for common use of all lot owners and/
oi,leaseholders for bathing purposes only."
'11
to
x P� 2es z - o
- 7
Mr. and Mrs. Real R. Ch__arlebois
Page 2
June 3, 1983
To summarize the above, the use of the lake shore is restricted to "bathing
purposes only" by all parties who share common rights including the owners
of the beach. In short, your use of the beach -is also limited to bathing
purposes only.
The rights defined above constitute valid existing legal rights to use this
area. We expect that after having discussed this with your attorney you have
or will reach the same conclusion. Accordingly, we, the homeowners of
Bartlett Bay, and our families intend to make full use of this lake front
during this and subsequent summers, which use we fully,.expect will' -be free,
unrestricted and uninhibited*
In addition, your erection of the dock is in violation of our common right to
use the lake front in the way intended and provided for in the above referenced
Deeds and therefore this dock should not be erected.
We are prepared to take whatever legal action is necessary to secure our rights
to this area however we remain open to any communication from you or your
attorney directed toward an agreement which recognizes the rights of all involved.
Sincerely yours,
DAVID T. OLENICK
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TOWN CLERK'S OFFICE
So. Burir'ngum, Vt. /S I9
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1 NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
Name, address and telephone # of applicant
Real R. & Bertha B. Charlebois
557 Riverside Ave. Burlington, Vermont 862-6283
Name, address of property owner
Property location and description
Same as above
Lot #20 Twin Brook Court So. Burlington, Vt.
I hereby appeal to the Zoning Board of Adjustment for the following: conditional use,
variance or decision of the administrative officer. I understand the meetings are
held twice a month (second and fourth Mondays). The legal advertisement must appear
a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee
of $30.00 which is to off -set the cost of the hearing. f" A
Hearing Date Signa ur f'Appellant
Do not write below 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 at , "0 ePX`% ty
(day of weer) (month and date) time
to consider the following:
seeking a from Section e- 3 ��
of the South
Burlington Regulations. Request is for permission to
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• • %•,Uw.bx%,Wtan (Vt.) Fr.. Pnm, Sawrday, Apra 7, 1984
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