HomeMy WebLinkAboutSP-73-0000 - Supplemental - 1820 Shelburne RoadJOHN T. EWING
RICHARD A. SPOKES
LAW OFFICES OF
EWING & SPOKES
86 ST. PAUL STREET
BURLINGTON, VERMONT 05401
January 24, 1973
Mr. Richard Ward
Planning Commission
South Burlington City Offices
South Burlington, Vermont
Re: Brisson application
Dear Dick:
AREA CODE 802
863-2857
Concerning the Brisson application, proposing a dual use of the
Roadside Marine building and requesting the outside display of
automobiles, I reviewed the agreement of March 23, 1971 between
South Burlington and Mr. and Mrs. Brisson. This agreement was
executed in connection with the subdivision regulations of the
City, and specified in part:
"3. No display of boats or any goods outside of
building as per plans dated December 16, 1970 and
revised January 6, 1971."
In order to change this requirement, it would be necessary for
a formal amendment to be made to the agreement, the amendment
to be approved by the Planning Commission.
You also raised the question concerning the dual use of the
property. I want to discuss this issue with you further. However,
please note section 12.30 of the proposed zoning regulations, which
states that there shall be only one use per lot except as otherwise
specifically permitted by the regulations.
Very truly yours,
j
11X
John T. Ewing
JTE/w 10C
oo
cc: Fred Blais 10001, tie
'01g. 40�z
A G R E E M E N T
This Agreement, made this oTW `e day of %i�•t,�e•L ,
1971, by and between the TOWN OF SOUTH BURLINGTON, here-
inafter referred to as the TOWN, and DONALD P. BRISSON and
BERNICE R. BRISSON, hereinafter referred to as the OWNER.
WHEREAS, Owner has applied to the Town for
approval for the development of the corner of Allen
Road and Shelburne Road in the Town of South Burlington.
WHEREAS, the Town, acting through its Planning
Commission, is willing to accept said application, sub-
ject to certain conditions hereinafter set forth:
NOW, THEREFORE, it is hereby agreed as follows:
1. The Owner will comply with the "General
Subdivision Requirements" and the "Subdivision Improve-
ment Requirements" and any other applicable provisions
contained in the Subdivision Regulations of the Town,
effective September 23, 1963, as since amended, unless
expressly waived by action of the Planning Commission
or or otherwise set forth in this Agreement.
2. In addition, Owner will complete the follow-
ing improvements in connection with said development:
1. That Town Engineer's recommendations regarding
the entrance and exit be accepted as per plans dated Dec-
ember 16, 1970 and revised January 6, 1971.
2. Landscaping be provided as shown on plans.
The cost shall be at least 30 of the construction cost.
3. No display of boats or any goods outside of
building as per plans dated December 16, 1970 and revised
January 6, 1971.
4. Lighting for lot and underground service as
- 2 -
per December 16, 1970 plan as revised January 6, 1971.
5, The shrubbery be in the amount of $1300.00
plus the landscaping cost.
3. All final subdivision plans, specifications and
like documents on file with the Planning Commission are
hereby referred to and incorporated herein for the
purpose of further determining the obligations of the
Owner.
4. For the guarantee of the performance of the
requirements of lighting, landscaping, shrubbery, entrance
and drainage, set forth or referred to herein, Owner shall
deliver to the Town an Excrow Agreement in the principal
amount of $4,200.00
IN WITNESS WHEREOF, the parties have executed this
Agreement the date above recited.
TOWN OF SO TH 7RLINGTON
BY:
Duly Author V
ed Agent
1
Don Bris on
B mice R. Brisson
pC
PIZZAGALLI CONSTRUCTION COMPANY
JOY DRIVE/SOUTH BURLINGTON, VERMONT 05401
802/658-4100
July 30, 1971
Mr. Richard Ward
Zoning Administrator
City of So. Burlington
Williston Road
South Burlington, Vermont
Dear Dick:
Re Planting & Landscaping
Roadside Marina
Shelburne Road
So. Burlington, Vermont
Project No. 3139
As per our conversation of this week, please be
advised that the planting and shrubbery is in excess of
$1,300 on this project, and seeding and landscaping is
approximately $3,000.
Should you have any questions, please get in touch
with me.
Very �tr yours,
;-' John M. B . Conant
Project Manager
G'
JMBC:s
MEMORANDUM
TO: WILLIAM SZYMANSKI, ACTING CITY 14ANAGER
FR014: RICHARD WARD, ZONING AD4INISTRATOR
SUBJECT: BOND AGREEMENT PR0 1 DONALD BRISSON, ROADSIDE
MA%INE-, ALLEN ROAD & SHELBURNE ROAD.
DATi. AUGUST 2, 1971
On Tuesday, July 27, 1971 this office was contacted
to inspect the project by Pizzagalli Construction in order
that the bond may be relr�ased.
Be advised thn..t this office has done so and -finds
everythinIg satisfactory.
The fond was issued in the amount of4,200 by
the AMerchants National Pank, on T`arch 23, 1971.
Richard t�dard
Zonin Administr,:,,tor
R :,.
ESCROW AGREEMENT
THIS AGREEMENT made this day of March, 1971
by and between DONALD P. BRISSON and BERNICE R. BRISSON
(hereinafter referred to as the "OWNERS"), The CITY OF
SOUTH BURLINGTON (hereinafter referred to as "CITY"), and
THE MERCHANTS NATIONAL BANK of Burlington (hereinafter
referred to as the "BANK").
WHEREAS, the OWNERS have submitted an application
for the development of a parcel of land at the intersection
of Allen Road and Shelburne Road in the City of South Burl-
ington, to the City Planning Commission, and in order to
comply with the ordinances and regulations of the City, has
executed simultaneously with this Escrow Agreement, an
Agreement with the City for the performance of certain re-
quirements of the City.
WHEREAS all the parties to this Agreement wish to
establish an escrow account to secure the obligations of
the Owner under said Agreement.
NOW THEREFORE, in consideration of the mutual agree-
ments contained herein and other lawful consideration, it
is agreed as follows:
1. The Owners and the Bank agree that funds in
the amount of Four Thousand Two Hundred Dollars ($4,200.)
shall be available and be paid over to the City, upon the
demand of the City in the event of a default of the Owners,
in accordance with the terms set forth hereafter.
2. In the event the City shall file with the Bank
a statement that the Owners are, in the judgment of the
- 2 -
City, in default under the terms of said Agreement executed
simultaneously herewith and providing for the performance
of certain requirements by the Owners, the Bank shall pay
from time to time to the City, in amounts not to exceed
Four Thousand Two Hundred Dollars ($4,200.00), as requested
from time to time by the City, for the sole purpose of
completingthe improvements and requirements set forth in
said Agreement. The City agrees that itwill promptly notify
the Owners that it has filed such a statement with the Bank,
but the consent of the Owners to such payments by the Bank
shall not be required, and the Bank shall incur no liability
to the Owners on account of making such payments to the
City, nor shall the Bank be required to inquire into the
propriety of any claim of default of the City, nor the use
of such funds by the City in completing such improvements.
3. A copy of the Agreement between the Owners and
the City is attached hereto, and is expressly made a part
hereof.
4. The Bank agrees that it will not refuse or
delay to make such payments to the City when requested by
the City, and the Owners agree that in no manner will it
interfere with or hinder such payments by the Bank to the
City.
5. This Escrow Agreement shall terminate and shall
be of no force or effect upon performance of all require-
ments contemplated by said Agreement attached hereto.
Dated at §u�rlington, Vermont, thispIcTl4lay of
Ma ch, 1971.
Do al PV isson
�'
Bernicev ris�;on
CITY OFN S UTH BURLINGTON
BY: ,
Duly AMhorized Agent
THE ANTS ONAL BANK
BY: /
Duly Authorized Agent
August 199 1971
Merchants National Bank
Purlington, Vermont 05+01
Attention: r,sr. Fred G. Smith
Re: Donald P. Frisson
Roadside Tsarina
Escrow Agreement
Dear Mr. Smith:
Notification that Donald Frisson has completed all work as
required by City Planning Commission per agreement dated
!larch 23, 1.971 and in accordance with City specifications.
mhq escrow agreement of '4,200 may be released.
Very truly,
Richard Ward
Zoning ILdministrator
William J. Szymanski
Acting City Manager
RW/ j
cc Mr. Donald P. Prisson
GZ,alte Cka rnpla i Q �Vloror
F / "
SALES and SERVICE
August 31, 1973
Mr. Richard Ward
Zoning Administrative Officer
City of South Burlington
1181 Williston Road
South Burlington, Vermont 05401
Dear Mr. Ward:
1820 Shelburne Road
So. Burlington, Vermont 05401
Tel. (802) 658-2277
This will acknowledge your August 27 letter advising us that we are in
violation of certain conditions.
I am well aware that approval to display vehicles by us at the front of
the building centered on making use of the upper terrace. However, you may
recall that the original intent to pave part of the upper terrace to accommo-
date the display was vetoed by you when it beoame known that the terrace
contained leach field. The fact that we were obliged to install additional
leach field at the lower terrace precludes paving that area also. Therefore,
we are faced with an inability to pave any substantial part of either terrace
and a need to preserve the condition of the grass on both terraces and prevent
unsightly erroded areas. What better way is there than to vary the placement
of cars from one terrace to the other. The opinion of several Zoning
Commissioners that the lower terrace is more desirable for vehicle display
seems to make this course of action further acceptable.
If you can advise me of a more practical means of maintaining an attract-
ive and appropriate front dispaly area, I will gladly give careful considera-
tion to same and do my best to comply with your recommendation.
Sincerely,
�L
Charles L. Robitaille l
Manager
CLR/fr
SepterSber 1973
Lake Champlain ',otors
1`20 Shelburna Road
South Burlin.,:-ton, VT 05401
attention: ''r,. Charles 1:obitaille
Dear ir. Robitaille:
This office has reviet',ed a plan suhmitted to t �e Zonin,; 7 oard
of Adjustment, the Planning Commission and City Council bJ
T'
YOU. is plan is dated _ebruarJ 1"."
s 1>73• '.')_proval was
,,ranted to you to allow your oper__ taion based on this plan,
also as ;; ou are aware a signed a --regiment waswaived to
allots you exterior display. ^he location of your display
area is clearly designated
As for your parsing, the upper terrace, I believe our discussion
regarding your leach field proved t^at your septic tank is
located on the uppe^ terrace and the lead: fields are in
the lower terrace, therefore, there eras nothing to prVivent
nevi^,, the upper terrace as shovrn on a elan submitted.
The conditions still apply "no display on the lo:aer terrace".
If you wail to take corrective action within three days of
receipt of this lettor, I will b e -forced to turn this matter
over to the amity Iran d Juror.
Very truly,
4:ichar,,-! ''ard
Fonirg ?dministra.t-ive 0-ficer
R .I /j
October 1, 1-974
Cliam=-.ain
1"1`10 03-hel4hur.m, ' cad
cuth Purl ir,,-ton VT 05401
oU4. 7) it has been observed
il 01 your I
�)u i C: 1,-.
'Ir 0", iC)ur
-ront ot -i lied
0 ,.1 ci
cn c o
r it s: c quc n
IL g U jale: e CC)IrC C 4- .1 V ,C. or,
h i n 'A (3) da', c,7 rece-fpt 07 let`-E-r. 7-o-ux —ure
this c(- 'fic,
lle Tr.,,--tter ov^r is the City C:Oancl q7uror.
truly'
ichard ''ard
,nning AC,_-'nist-ativ(? Officer
D I A L 862-701 7
PROP. DONALD BRISSON
ROADSIDE MARINE
EVINRLIDE MOTORS - BOATS - FABUGLAS BOATS
CHEUKEE BOATS - H❑LSCLAW TRAILERS
MARINE ACCESSORIES
1820 SHELBURNE ROAD — SOUTH BURLINGTON, VERMONT 05401
January 22, 1973
This is U-o request a variance to permit the sale of
automobiles at 1820 Shelburne Road, now doing business
as Roadside Marine.
It is intended that the sales and service of automobiles
be done in the front or westerly half of the building, and
the remaining half be occupied by Roadside Marine
continuing to do business of the same nature as presently
engaged in. The area to be occupied by Roadside Marine
will require the installation of heating equipment, and
restroom consisting of a commode and lavatory, the
latter connecting to the existing suwage disposal facilities.
In keepins with a basic requirement for marketing
automobiles, it is necessary to display same. Therefore,
permission is requested to place automobiles on the
existing paved parking area for purposes of display
and/or parking. Additionally, at some future time, it
would be highly desirable to display new vehicles on the
front terraced lawn area facing Shelburne Road, making
use of neat and suitable placed paved area on the flat
of the terraced lawn. A discreet lighting arrangement
to enhance the displayed vehicles at this terrace area
would be required.
Permission to place suitable signs on the building and
at the front and an underground gasoline storage tank
with typical above ground outdoor dispensing pump is
also requested.
A project plan showing the building area, exf,:sting paved
area, and proje,-ted display area is included.
It is intended that every aspect of this operation be
accompanied by the hi;hest degree of good housekeeping
both within the premises and outside to conform pith the
exceptionally gn quality of t' utting properties.
f,(/,
LAW OFFICES OF
EWING & SPOKES
86 ST. PAUL STREET
BURLINGTON, VERMONT 05401
JOHN T. EWING
RICHARD A. SPOKES
February 1, 1973
Mr. Richard Ward
Zoning Administrator
South Burlington City Offices
1175 Williston Road
South Burlington, Vermont 05401
RE: Brisson's Marine
Dear Dick:
AREA CODE 802
863-28S7
You asked me to comment further on the agreement between
the above, and the South Burlington Planning Commission,
which included a provision that there could be no outside
display of products. The further question is whether this
agreement is binding upon successors in title. It is my
opinion that the agreement constitutes a restriction which
pertains to the land and which is binding upon all subsequent
owners of the property.
As I indicated before, the restriction can be waived by
appropriate amendment of the agreement adopted by the Planning
Commission.
Ver truly yours,
John T. Ewing
JTE/n
MEMORANDU1
TO: CITY COUNCIL
FROM: RICHARD WARD, ZONING ADMINISTRATOR
RE: ZONING PERMITS
DATE: FEBR UARY 20, 1973
Gasland, Inc.
Proposal is to raze present service station and Audy house
to rear, located on Patchen and 'Williston Road.
Present zone is Business District B, proposed zone is
Business Retail.
Service station is conditional use, this request has been
approved by the Zoning Board of Adjustment at their
February 71 1973 meeting.
Proposal meets all requirements other than minimum lot size;
Requirement being 40,000 square feet - lots combined contain
3R,200 square feet.
Roadside Marine
Proposal is to operate two businesses from present structure.
Automobile dealership and marina.
Proposed zone is Business Planned Development, both uses
allowed.
Section 12.30 of proposed ordinance does not permit dual use
from one lot.
Planning Commission has approved this request on February 13,
1973.
Proposed zoning ordinance requires a minimum lot of 200,000
square feet existing is a lot of approximately one acre.
J
�'�,�•''� City of South Burlington
t j SOUTH BURLINGTON, VERMONT 05401
TEL. 863-2891
, February 15, 1973
Burlington Free Press Association
Burlington, Vermont 05401
Gentlemen:
Please insert in the Classified Legals column in your issue of
Saturday, February 17, 1973 the following legal notice:
LEGAL NOTICE
CITY OF SOUTH BURLINGTON
Pursuant to the provisions of 24 V.S.A., Section 4443, the
South Burlington City Council will hold a public hearing at
the City Offices, Conference Room, 1175 Williston Road,
South Burlington, Vermont, on Monday, March 5, 1973 at
7:30 P.M. to consider the application for a zoning permit
from Henry Potter, of South Burlington Vermont for con-
struction of 92 condominium units on a parcel of land
located westerly of Spear Street, abutting property of
Wheelock and Nowland.
Also the application of Donald Brisson and Archie Myers
of South Burlington, Vermont for conversion of an existing
building into a dual use, automobile and marina dealership,
on a parcel of land located at the intersection of Shelburne
Road and Allen Road.
Also the application of Robert Cutler of Gastown, Inc.,
Springfield, Mass. for construction of a gasoline station
on a parcel of land located at the intersection of Williston
Road and Patchen Road.
Also the application of Attorney Richard Thomas of Burlington,
Vermont, an agent for King Burger for reconstruction of the
present Lure property into another restaurant, on a parcel of
land located at 1200 Williston Road.
Plans for the above applications are on file in the office of
the Zoning Administrative Officer.
Richard Ward
2/17/73 Zoning Administrative Officer
City of South Burlington, Vt.
Please send bill and two tear sheets to this office. R.W.
March 7 t 1973
hoeadside )"arine
Shelburne and Allen T.oads
South Burlington, VT 05401
Attention: 11r. Donald. Prisson
Dear !vllr. Prisson:
Subject: Zoning Permit, Mr. Archi^ 'Iynrs
Be advised that the South Furling ,ton City Council has
approved the request of Mr. Archie �yers for a zoning
permit as provided 'or under Section 4443, T 21+1 V.S.A.
A permit will be issued upon your request.
Very trl,ly,
Frederick U. .leis
Ciiairman City Council
FGB/j
August 27, 1973
Lake Chami)lain Motors
3�ttn: Mr. Charles Robitaille
1820 Shelburne Road
5outh Burlington, Vermont 05401
Du-'r Nr. Robin-Alle.*
On a routine inspection of your place of business, it
ob5orved that you nre displaying vehicles an the louar tern, ca
portion of your front yard.
-;s you are aware, one of the conditions agreed upon by the
Planning Commission and yourselfg wos thalt the upper terrnce L,,Muld
be used as a display area and a maximum of ton UC) vehicles would
be displ2,ysd*
This condition was also stipulatc..,d bV the City Council when
they approved the du;!A use of the building. Also,, the looser level is
�
being used for a leach field and the fact th,,].'C'
you are trevoking
over this area could cause damage to the pipe*
Therefore this lettor is to serve notice tht you are in
violation of the above listed conditions and unless corrective
action is taken by you, this matter uill be turned over to the
City Gr-nd Juror.
Very truly,
Rich<13rd Llnrd
Zoning Administr,3tive Officer
Mi: 11
CC: Denis 31sincko City Gr ne. Juror