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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