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HomeMy WebLinkAboutMS-00-05 - Supplemental - 1397 Spear StreetI DEVELOPM-CST REVIEW BARD MEMO .TUNE 6, 2000 MEETING 4) JEF F'REY & ELIZABETH GOLDBERG - 5 LOT SUBDWISION PRELE IflNARY PLAT APPLICATION — 1760 DORSET STREET This application was continued from the May 16, 2000 meeting to the June 6, 2000 meeting to provide staff an opportunity to consult with counsel. Enclosed is staff s 5/16/00 memo for your review. A report from counsel will be available at the meeting. 51 LOJEK — SKETCH - TWO LOT SUBD"10N — 1397 SPEAR STREET This project consists of subdividing a 2.4 acre lot into: 1) a 1.6 acre lot hereafter referred to as Lot #1, and 2) a 0.8 acre lot hereafter referred to as Lot #2. This property is located within the Residential One and Residential Four Districts. It is bounded on the east by Spear Street, on the south by the Stonehedge Drive, on the west by the lands of the Stonehedge Homeowners Association and on the north by a single-family residence. Access/Circulation: Access for Lot #1 is currently being provided by a private driveway from Spear Street. Access for Lot #2 will be via Cedar Glen Drive. This is a public road that services the Stonehedge Development via a 34-foot curb cut from Spear Street. Curb cuts and driveway locations are not noted on the plans and should be for final plat submittal. Circulation is adequate. Lot Size/Frontage: The minimum lot size is being exceeded for both lots. The minimum lot frontage requirement of 100 feet for lot #1 is being met and is not being met for lot #2. The applicant should be prepared to address this issue at the Development Review Board meeting. The maximum density is not being exceeded. Coverage/Setbacks: The applicant should illustrate the existing and proposed building footprints on the final plat application. Sewer: The applicant should note if public utilities will need to be extended to serve the two new lots. This will determine whether this application is a minor or major subdivision. The applicant should submit a report addressing the project's impact on the proposed Spear Street Sewer Extension Project. Sewer, water, and other utility details should be provided with the preliminary plat application. Landscaping: The applicant should be aware that two street trees will be required on each new lot created. Other: ® The applicant should note that the correct name of the street shown as "Cedar Glen North Road" is "Cedar Glen Drive". ® The applicant should move the property line separating the proposed lot one and lot two to match that of the zoning boundary line. 2 �I t ,.�k i t F �•• �� I DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 12, 2000 A. Lee Faucett 11 Beacon Street South Burlington, VT 05403 Re: 1397 Spear Street - Filling Dear Mr. Faucett: This letter is in regards to the placement of fill at 1397 Spear Street. Please be aware that you have yet to meet the conditions of approval for the placement of fill on this property (see enclosed). Please comply with the conditions of approval or face legal action to obtain compliance. Thank you for your anticipated cooperation. Sincerely, a Raymond J. Belair, Administrative Officer RIB/mcp 1 Encl CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 5, 2000 Skip McClellan Llewellyn - Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: #MS-00-05, 1397 Spear Street Dear Mr. McClellan: Enclosed is a copy of the September 5, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEVELOPMENT REVIEW BOARD 5 SEPTEMBER 2000 Ms. Flynn explained that her father moved into the hc:-s and because of his disability, they wanted to make it more accessible to him. The addition would allow for an enclosed lift. Ms. Flynn said they have signed statements from 5 neighbors cloy, I u diem that they don't object to this. Ms. Flynn also noted they had originally thought of a ramp, but it would have had to be quite length and wrap around because of the high stairs. Mr. Dinklage said that the new ordinance was not intended to allow further encroachment into setbacks. Mr. Schmitt said he would approve it if it weren't encroaching further into the setback or if there were other homes on that side of the road with similar situations already existing. Mr. Belair said that the ordinance was made to allow people to come forward to where adjacent homes are. They can be allowed to come further if they meet certain criteria, one of which is that it would fit the character of the area. Staff felt this proposal did not. Mr. Dinklage noted this is not a temporary solution to an access problem. He suggested the Flynns find a temporary solution, something that can be removed when the person no longer lives in the house. He felt that what is now being proposed is a permanent alteration that enlarges the house significantly. Mr. Flynn asked about a lift out front. Mr. Dinklage suggested discussinu this with staff. Mr. Cameron noted that a ramp can be dangerous in Vermont because of ice and snow. He felt a life was a good idea. A poll of members showed that a majority would vote against the application. Staff asked for a continuance to allow for drafting of an appropriate motion. Mr. Farley moved to continue the application until 19 September. Mr. Boucher seconded. Motion passed unanimously. 6. Application #MS-00-05 of Faucet Builders, Inc, under Section 25.117 of the South Burlington Zoning Regulations for the alteration of the existing grade. This project consists of adding 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street: Ms. Quimby stepped down due to a conflict of interest. Mr. Faucet said they had built the home next to the entrance to Stonehenge. It will be about 39 ft. high (there is a 40 ft. limit). It will have access from one driveway on Spear St. They want to run a circular drive from there and come out approximately 30 ft. DEVELOPMENT REVIEW BOARD 5 SEPTEMBER 2000 from the southern property line. They will put in a berm for noise protection. The entrance is near a very large maple tree. The neighbor has shrubs that run down that line, and he would have to remove some of those shrubs. Mr. Faucet noted there are 9 other properties on Spear St. with circular driveways with two accesses. Mr. Dinklage noted the Board had received a letter from the Cimonetti's regarding drainage concerns. Mr. Cimonetti said he had gotten as' ketch with the proposed changes to topography. His concern is that drainageways should not be altered. He said if the existing driveway were to be substantially altered stormwater would concentrate on the driveway. There needs to be maintenance of a drainageway that will take the stormwater and run it off to the south and west. Mr. Faucet said the plan does not violate any drainage. Mr. Dinklage stressed that the applicant must build what he has shown. Mr. Gilbert, who lives across the street, agreed the applicant should build what he is approved for. He noted that the applicant had started demolition before he had a permit and that the project was designed with this approval in mind, even though he didn't apply until now. Mr. Gilbert also questioned the application being for fill, not for a second driveway. He said the applicant has already opened the second curb cut and are using it daily. He suggested limiting the applicant to one southern curb cut and that it should be only for access to a single-family dwelling. Ms. Quimby noted that Stonehedge is next door and everyone there has two cars. She said it is hard enough now to get out. Mr. Cameron said he agrees with having one curb cut. That would eliminate the fill issue altogether. Mr. Dinklage asked where Mr. Faucet would put one access. Mr. Faucet said he would have it where it is. This would require removing the large tree. Mr. Gilbert disagreed and felt the applicant could use the access he's already opened on the south side. Mr. Dinklage suggested the applicant work out with staff where the driveway will be. If an agreement can't be reached, the applicant must come back to the Board. 4 DEVELOPMENT REVIEW BOARD 5 SEPTEMBER 2000 Mr. Farley moved the Development Review Board approve application #MS-00-05 of Faucet Builders, Inc, under Section 25.117 of the South Burlington Zoning Regulations to add 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street, as depicted on a plan entitled "Faucet Property Site Plan South Burlington, Vermont," by Llewellyn - Howley, Inc., dated 7/25/00, with the following stipulations: I. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed u;:;, : wnd shall require approval of the Director of Planning & Zoning (hereinafter Director). Three copies of the approved revised site plan shall be submitted to the Director prior to permit issuance: a. The site plan shall be revised to eliminate one of the curb cuts/driveways. 3. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. 5. The existing storm water drainage will not be altered by the fill. Mr. Schmitt seconded. Motion passed unanimously. Ms. Quimby rejoined the Board. Continued: Site plan application #SP-00-33 of Stephanie Barrett for an amendment to a previously approved site plan for a 5,700 sq. ft. or less office/warehouse building. The amendment consists of: 1) storage of one 40' x 10' construction office trailer within the rear parking area, and 2) constructing a gravel access drive to the rear of the building, 6 Lime Rock Road: Mr. Carlson said when the applicant bought the building there was no access to the rear overhead door from the front of the building. They did some fill work and built a surepack drive. Then the Zoning Administrator ruled that this encroached into the flood plain. Research showed there is flood plain in several areas. Mr. Carlson said they got a surveyor to delineate fill in the zone. It is a little less than stated. The existing grade was such that the front and rear elevations were the "at grade" elevations. 0 CITY OF SOUTH RURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 6, 2000 Skip McClellan Llewellyn — Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Misc. Application, 1397 Spear Street Dear Mr. McClellan: Enclosed please find a copy of Finding of Facts of the Development Review Board meeting on September 5, 2000 (effective date September 19, 2000). Please note the conditions of approval. If you have any questions, please give me a call. Sincerely, Sarah MacCallum Planning & Zoning Assistant Enclosure CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 September 1, 2000 Skip McClellan Llewellyn - Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Faucett Builders, Inc. - 1387 Spear Street Dear Mr. McCellan: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski, the Fire Department and myself. Please be sure someone is present on Tuesday, September 5, 2000 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Administrative Officer RJB/mcp Encls 9/5/00 ldA5791 MOTION OF APPROVAL Faucet Builders Inc. — 1397 Spear Street I move the South Burlington Development Review Board approve application #MS-00-05 of Faucet Builders, Inc. under Section 25.117 of the South Burlington Zoning Regulations to add 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street, as depicted on a plan entitled "Faucet Property Site Plan South Burlington, Vermont", by Llewellyn — Howley, Inc., dated 7/25/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site plan shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to eliminate one of the curb cuts/driveways. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. 9/5/00 MOTION OF APPROVAL'✓%' Faucet Builders Inc. — 1397 Spear Street I move the South Burlington Development Review Board approve application #MS-00-05 of Faucet Builders, Inc. under Section 25.117 of the South Burlington Zoning Regulations to add 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street, as depicted on a plan entitled "Faucet Property Site Plan South Burlington, Vermont", by Llewellyn — Howley, Inc., dated 7/25/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site plan shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to eliminate one of the curb cuts/driveways. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. 9/5/00 J, MOTION O ION OF APPROVAL Faucet Builders Inc. — 1397 Spear Street I move the South Burlington Development Review Board approve application #MS-00-05 of Faucet Builders, Inc. under Section 25.117 of the South Burlington Zoning Regulations to add 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street, as depicted on a plan entitled "Faucet Property Site Plan South Burlington, Vermont", by Llewellyn — Howley, Inc., dated 7/25/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site plan shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to eliminate one of the curb cuts/driveways. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. 1 �o 9/5/00 v jl/S MOTION OF APPROVAL Faucet Builders Inc. — 1397 Spear Street I move the South Burlington Development Review Board approve application #MS-00-05 of Faucet Builders, Inc. under Section 25.117 of the South Burlington Zoning Regulations to add 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street, as depicted on a plan entitled "Faucet Property Site Plan South Burlington, Vermont", by Llewellyn — Howley, Inc., dated 7/25/00, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The site plan shall be revised to show the changes listed below and shall require approval of the Director of Planning & Zoning (hereinafter Director). Three (3) copies of the approved revised site plan shall be submitted to the Director prior to permit issuance. a) The site plan shall be revised to eliminate one of the curb cuts/driveways. 3. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the Zoning Regulations or this approval is null and void. 4. Any change to the site plan shall require approval by the South Burlington Development Review Board. DEVELOPMENT REVIEW BOARD MEMO SEPTEMBER 5, 2000 MEETING View of 34 Myers Court looking northeast from street. Criteria of Section 25.118 (e): This section provides for encroachment of a structure to within less than ten (10) feet from the property line provided survey data from a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer is provided. A survey plat of the property has been provided. 6) FAUCETT BUILDERS. INC. — MISCELLANEOUS APPLICATION — ALTERATION OF EXISTING GRADE,1397 SPEAR STREET This project consists of adding 96 cubic yards of fill material on an existing residential lot for the construction of a single family dwelling, 1397 Spear Street. The applicant has submitted a site plan depicting the existing and proposed grades. The property is located in both the Residential One and Residential Four Districts. The project area lies completely within the Residential One District. It is bounded on the east by Spear Street, on the south and west by the lands of the Stonehedge Homeowners Association, and on the north by a single family residence. Section 25.117 Requirements: The proposed filling will exceed twenty (20) cubic yards and therefore must comply with the standards of Section 25.113(b) referenced in Section 25.117(a) of the Zoning Ordinance: (a) The project must utilize topography and must relate to other existing and proposed structure must be aesthetically compatible with the neighborhood. The filling must not extend to the property lines and must blend with the existing contours. The property owner to the north has submitted a letter to the City with drainage concerns (see enclosed). The applicant should not make existing stormwater runoff conditions worse. (b) The project must not detract from scenic views of adjacent properties or public walkways. The proposed grading must not exceed the elevations presently found on the site. The proposed structure must comply with the height requirements of Section 25.113(a) of the Zoning Ordinance. (c) The project should allow for retention of additional green space that will enhance the appearance of the developed property. Staff recommends that the DEVELOPMENT REVIEW BOARD MEMO SEPTEMBER 5, 2000 MEETING access drive be revised to include only one point of access in order to retain additional green space. Two points of access are currently proposed. Lot size/Frontae: The proposed filling will not affect the lot size or frontage. Setbacks: The building has been delineated on the plans and meets all setback requirements. 7) BARRETT — SITE PLAN — TRAILER & ACCESS DRIVE, 6 LEVIE ROCK ROAD This project was continued from the August 1, 2000 Development Review Board meeting at the request of the applicant (memo enclosed). Staff has not heard from the applicant. 8) & 9) WRIGHT & MORISSEY REALTY COMPANY, PRELIM UNARY & FINAL PLAT APPLICATIONS TO AMEND A PREVIOUSLY APPROVED P.U.D., 60 FARRELL STREET This project is an amendment to a P.U.D. consisting of: 1) an 11,400 square foot general office building, and 2) a 41,000 square foot building which includes 40,500 square feet of general office use and 500 square feet of bakery and delicatessen use. The amendment consists of: 1) replacing the 11,400 square foot general office building with a 35 unit multi -family dwelling. The Development Review Board considered the sketch plan application for this project on April 4, 2000 (minutes enclosed). The property located at 60 Farrell Street lies within the C2 and C.O. Districts. It is bounded on the north by the Olympiad Fitness Center, on the west by Farrell Street, on the south by I-89, and on the east by WCAX studios. Access/circulation: Access is provided by a 30 foot curb cut on Farrell Street and a 24 foot curb cut on Joy Drive. Access to Joy Drive is via a deeded right of way over the Olympiad property. Circulation on the site appears to be adequate. The applicant has depicted a pedestrian walkway linking the proposed parking area with the existing parking area on the landscaping plans. The walkway should be moved to the north side of the building as the proposed walkway encroaches into the C.O. District which is not allowed. The site plan should be revised to include the proposed walkway. Coverage/setbacks: The existing building coverage is 5% and will increase to 10% (20% max). The total coverage for the property is 27.6% and will increase to 44% (40% max). Coverage requirements are therefore not being met. It has been the Development Review Board's unwritten policy of using the residential coverage's for mixed use developments. The applicant is requesting that the policy be amended to allow the greater overall coverage. Staff supports this because it encourages mixed use development. MEMORANDUM To: South Burlington Development Review Board From: South Burlington Fire Department Re: September 5, 2000 agenda items Date: August 18, 2000 1) Faucett Builders 1397 Spear Street Acceptable 2) MBL Associates, Dorset Farms Dorset Street Acceptable 3) Wright and Morrissey 60 Farrell Street The building should be sprinklered and have a fire alarm 4) Humane Society 633 Queen City Park Road The building should be sprinklered and have a fire alarm 5) O'Dell Parkway, Farrell Street The buildings should be sprinklered and include fire alarms Bill and Tanya Cimonetti 1393 Spear Street South Burlington, VT 05403 Mr. Joe Weith Planning and Zoning City of South Burlington August 31, 2000 Dear Joe; It is my understanding that on Tuesday, September 5, 2000, the Development Review Board will hear an application from Lee Faucett for additional filling on the lot at 1397 Spear Street. I intend to be present at the hearing. We have owned the adjacent property at 1393 Spear Street since 1974. There exists a long standing and natural drainage way between these two lots; the existing (pre-existing Faucett construction) grade along the northern (east -west running) lot line of the Faucett property is lower than the adjacent grade on our property, and thus natural drainage occurs from our lot, through the cedar hedge which is on our property, onto the Faucett lot. Much of the drainage is concentrated at the area just east of the southern garage on our house, where storm water naturally flows from our paved driveway through the hedge and onto the Faucett property. This natural drainage never caused a problem for the previous owners, (Curtis and Lojek), of the Faucett property, nor do I expect it to cause any problem for the present or future owners. But I want your department and the DRB to recognize the preexistence of the drainage, and to assure that if permission is granted to place additional fill on the Faucett property that the drainage ways are not impaired, but are appropriately designed into the fill plan. I would be pleased to fully discuss this matter with you as you prepare any draft stipulations for consideration by the DRB. Please call me if you would like to get together. Thank you very much. Very truly yours, i LOCUS N 1� LEGEND PROPOSED RXNT/NY PROPERTY LINE ---�-�� WEILANDUMIT....................................... ... I .... ..... ......... _.......... BUFFER ZONE — BUILDING SETBACK — — cmmw ------ iu-__-__ PEDESTAL 0 0 C) STORM SEWER M.H. ID STORM SEWER INLET HYDRANT V Y17` GATE VALVE /4 DG STORM SEWER __r 0s— WATER SUPPLY —was' a� - -w- ••--[• a.» — FOOTING DRAIN —fn —M- ROOF DRAIN CURTAIN DRAIN- �N'- -I•'N- - ELECTRICPOWER CABLE T.V. —CN _(ITV— •-^ -w --• OVERHEAD'MRE ---- NATURAL GAS �a TELEPHONE BARB WIRE FENCE � X— --[---X-- CHAIN UNK FENCE� —••-4•^—'---0-•� STOCKADE FENCE TREE UNE rvvvYvvrM rvv-rvvv�-�M EDGE OF WATER CENTER LINE —"—'— ----- GUARD RAIL ...... _........_....,... _,, LUMINAIRE * UTILITY POLE X pT SIGN T r RENSE 0.L4Ew4 r, aUnINC, aD� ExJsnnc STOUFwA4 B/]/: wvays 0Al[ >Hc usu xuu cwrlAv .1 —1 cavrAa+s nw u T nrhsar , IE I I N I I` I I ' ' N/F STDNEHEDGE HOMEOWNER'S ASSOCIATION y�r _r ONC NOTES 1, OWNER OF RECORD: LEE FAUCET CEDAR FAUCET BUILDERS, INC. 32 BEACON STREET SOUTH BURUNGTON, VT 05403 2. APPLICANT, FAUCET BUILDERS. INC. J2 BEACON STREET SOUTH BURLINGTON, VT 05403 J. ZONED: RESIDENTIAL, I PER ACRE AND RESIDENTIAL- 4 PER ACRE 4. DEED: VOLUME 175, PACE 270 5. PROJECT DESCRIPTION: CONSTRUCTION OF ONE SINGLE FAMILY HOME. 6. PERIMETER PROPERTY LINE 9IFROMAnCN TAKEN FROM PLAN ENTITLED 'BOUNDARY INFORMATION-PARCEL'C CLUSTER AND ACCESS, ADCOM. INC.' BY ENGINEERS INCORPORATED OF VERMONT. DATED 6/5/74. 7. TOPOGRAPHIC AND EXISTING FEATURES INFORMATION BY BUTTON ASSOCIATES 4049 WIWSTON ROAD. SOUTH BURLINGTON, VT li i ,I EX N/i pMpiETTI I / l l l i W - -_----I I 'i' N/� GILNFHI _ _______ -- -7— ______- NA WILKINS Ik -------------- ----------------- ------------- = I-- - ---- ___- _---____= -- -- -_- _ _______ I' — — — ------ -- — ---- ------ --- — ----- -- �"'—_` ! NORTH �f _ I ' i s , , I I , NA WILKINS ' V E D FAUCET PROPERTY A1,tl^_ V V 0 2 ��� ROUTM.YRE,N07M -- --ywRMONT City of So. Burlington GRAPHIC SCALE Ta I� ( IN FEET ) L Inch - 30 ft. SITE PLAN LLEWELLYN • HOWLEY INCORPORATED RNOMEEMNIQ • PERMITTIWO , CONSULTING XRVIC06 sm Aso ORLLIsm Rou F(8GE)660.2602 CRAMNG 2MO25101 MWTNBumiNO'TOI 9' (002}8282I00 vlaaawT 05002 WewP10tsc0wW.san SHEET: I 1 LLEWELLYN . HOWLEY I N C O R P O R A T E D ��: TRANSMITTAL LETTER Date: August 2, 2000 To: Sarah MacCallum Assistant Zoning Administrator South Burlington City Fall South Burlington, VT 05403 Re: Faucett Property File: 2000025 Copies: Below Message: We wish to replace the drawings previously submitted for this application......... Please find enclosed: Five copies of the revised Site Plan and one l lx17 reduced Site Plan. The driveway has been relocated and the fill calculations adjusted. Currently 96 c.y. of fill material will be required. Please feel free to call should you have questions or require additional information. LLEWELLYN-HOWLEY INCORPORATED Skip McClellan 4049 Williston Road>South Burlington -Vermont • 05403 T 802.658.2 i00•F 802.658.2882.e-mail: lle�Arellinc@aol.com Engineering -Land Development -Permitting City of South Burlington Official Use Application to Development Review Board _ APPLICATION # V ,5 r O HEARING DA T E: G FILING DATE: FEE AMOUNT: Name of applicant(s) Faucet Builders Incorporated Address Telephone # 32 Beacon Street, South Burlington, VT 05403 Represented by: Llewellyn -Rowley Incorporated, 4049 Williston Road South Burlington, VT. Landowner: Lee Faucet Location and description of property: Existing Residential Lot, 1397 Spear Street, South Burlington, VT. Adjacent property owner(s) & Address: attached Type of application check one: ( ) appeal from decision of Administrator Otliccr (includes appeals from Notice of Violation) ( } request for a conditional use ( ) request for a variance ( X ) other I understand the presentation procedures required by State La-w (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing. I agree to pay a hearing fee which is to oltset the cost of hearing. Provision of zoning ordinance in question Reason for appeal: (Xher documentation: 355 cubic yards of fill material on an existing residential lot for single family dwelling construction. 1-25--Ob Date Signature SOUTH BURLINGTON ZONING NOTICE hi accord uicc :vith'the South I whuglon Zoning Rcgulalions and Chapter 117, Titic 24 V.S.A. the South Burlington Development Review Board will hold a public hcaring at the South 13i—lington Municipal Oitices, Confiarence Room, 5-75 Dorset Strcct, South Burlington, Verniont on Tucsday, at 7:30 P.M. to consider the following: Application seeking a from of the South Burlington Zoning Regulations. I`'aC;gacst is for pC.iinission to William & Melissa Gilbert 1400 Spear Street South Burlington, VT 05403 William & Tanya Cimonetti 1393 Spear Street South Burlington, VT 05403 Thomas & Ellen Wilkins 1411 Spear Street South Burlington, VT 05403 Ferdinand Esposito F 1 Stonehedge Drive South Burlington, VT 05403 Darnell Blackmon F2 Stonehedge Drive South Burlington, VT 05403 Adrian & Iskra Boneva F3 Stonehedge Drive South Burlington, VT 05403 Barbara Rouille F4 Stonehedge Drive South Burlington, VT 05403 Geraldine Cohen F6 Stonehedge Drive South Burlington, VT 05403 Cheryl Feitelberg F6 Stonehedge Drive South Burlington, VT 05403 Ben Forsyth F7 Stonehedge Drive South Burlington, VT 05403 Frances Marvin F8 Stonehedge Drive South Burlington, VT 05403 LLEWELLYN • HOWLEY I N C O R P O R A T E D Joyce Wright F9 Stonehedge Drive South Burlington, VT 05403 James & Patricia Harvell GI Stonehedge Drive South Burlington, VT 05403 Ila Sewall G2 Stonehedge Drive South Burlington, VT 05403 William & Eugenya Gordon G3 Stonehedge Drive South Burlington, VT 05403 Deborah Johnson G4 Stonehedge Drive South Burlington, VT 05403 Enerino Caruccio G5 Stonehedge Drive South Burlington, VT 05403 Jacquelyn Duffy G6 Stonehedge Drive South Burlington, VT 05403 Marilyn Murray G7 Stonehedge Drive South Burlington, VT 05403 Glenn & Marga Sproul G8 Stonehedge Drive South Burlington, VT 05403 James & Lorna Cross G9 Stonehedge Drive South Burlington, VT 05403 4049 Williston Road • South Burlington • Vermont • 05403 T 802-658.2100 • F 802.658.2882 • e-mail: Ilewellinc@aol.com Engineering • Land Development • Permitting vlB/Tf' 1 ti�i{,, 1 1 L� LOCUS N 1� LEGEND PROPOSED EXISTING PROPERTY LINE--�--� WETLAND LIMIT .................................... ................-......»....... BUFFER ZONE - - BUILDING SETBACK - - CONTOUR Itl— ______w PEDESTAL o 0 o , I (sl STORM SEWER M.H. • DQ STORM SEWER INLET ® ❑ HYDRANT v GATE VALVE M 04 1 STORM SEWER -sr—rt nr— -m- -Ir p-- - WATER SUPPLY FOOTING DRAIN - ROOF ORAW -Ao --RD-- ^ - �• - CURTAIN DRAIN -ry_--rm_- ELECTRIC POWER CABLE T.V. OVERHEAD WIRE ^wr -pIW-. - -• - - NATURAL GAS -o --•--------- TELEPHONE -r _-T-----_-- BARB WIRE FENCE'�I —Y�-Y�- CHAIN LINK FENCE ---- STOCKADE FENCE �'•� -^"p-'^'^'-'p-""` TREE LINE /1'VY'Y1-YVYY1 rvvY/✓+ EDGE OF WATER CENTER LINE —... .— ----- GUARD RAIL •�.. - _.....-....._.....-.., LUMINAWPE O UTILITY POLE 1 i SIGN T v %1 I O I I + 1 r 1 , 1 + , 1 1 N/F STONEHEDGE `� HOMEOWNER'S ASSOCIA TIDN ------ -- t % i ; 1 ` 1 I 1; 11" 'TIf D ; ' 1I I li �I 1 ! II I 10 � ` r \ � I I ` + 1 i 1 i ;' - , i '- NIT B{ICR► _ , , 'i�ac�LWIca141YrdipslPryl�>�fLpr'Iflip/r�ipl _ __________ -.,�.o-i^-o-j—af—ro.i-�o'!�-cow-_..��p��,:?S'��p`�a-..Y7ti�1.wl .i4'�=F7i= l ' i�•� _ `�__ \ `a `.... A/1' 'via.lZyfc-^- _L_ _f7r+n�c-----_-pom'C •- ��n?-T---__ Yi1iGRiti �.' I ` CEDAR `'_�_ �` ` ,R `' `` ``.; NIT WILKINS /�`'��✓+,''Uo_.�.6---vb�..:o--moo- - ``+���o„�� ^`' tigt� `�^�� ` _ tee•_: , ---'� --------- - -_ �K- -.--------_-______-' -___ -_______"1�•. -- - -- - `'�:, -_ '__--_.�----= NORTH IIII - - = I i I W �pWyW �___________'__-_ r I , r I �-1'--_--�--'—•�=_�— _�— ,~- E p • aA1B ---- 1+ r I "A NOTES r g I 1. OWNER OF RECORD: LEE FAUCET JAR 2 612000 '10 I I 1 I FAUCET BUILDERS, INC. JZ BEACON STREET SOUTH BURLINGTON. VT 03403 r Z. APPUCANT FAUCET BUILDERS, INC. JZ SOUTH BURLINGTON. nET STREET VT 0340J SOUTH City of Sold Burlington FAUCET PROPERTY J. ZONED: RESIDENTIAL, 1 PER ACRE AND RESIDENTIAL, 4 PER ACRE SOUTH BURLINGTON H 4. DEED: VOLUME 173. PAGE 770 SITE PLAN 3. PROJECT DESCRIPTION: CONSTRUCTION OF ONE SINGLE FAMILY HOME. 6. PERIMETER PROPERTY LINE INFROMA770N TAKEN FROM PLAN ENTITLED -BOUNDARY INFORMATION -PARCEL C PROEDT: > CLUSTER AND ACCESS, ADCOM, INC.' BY ENGINEERS INCORPORATED OF VERMONT, DATED 6/3/74. GRAPHIC SCALE LLEWELLYN - HOVRM +M INCO R P 0 RAT No DATE tlLYM 7. TOPOGRAPHIC AND ERSTING FEATURES INFORMATION BY BUTTON ASSOCIATES 4049 WILLISTON ROAD, SOUTH BURLINGTON, VT. "I, 1ERI090 - KRMITTINO - GONVJLTINO SERIRON DRANK BY. NM ( IN PEST) ' WILLMITON ROAO F (Mn) *36'M ."YN BURLIMGT011 T (60f1 N6B,1109 OPAYINO mO9NNN 1 IneL - 30 It. tkMONf lM"a03 !ienrellYwyWei.a•W __..-...-_.- 91FFT: GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.658.0220 Facsimile 802.658.1456 www. gravelshea.com Writer's E-Mail: jponsetto@gravelshea.com Gale Quimby, Secretary . South Burlington Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 June 30, 2000 Re: Appeal of Faucett's Builders, Inc. Demolition and Construction Permits for 1397 Spear Street Dear Secretary Quimby: Stephen R. Crampton Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly James E. Knapp John R. Ponsetto Dennis R. Pearson Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Clarke A. Gravel Charles T. Shea Of CI Norman Williams Special Coun-1 Leigh Polk Cole .Johan W.E. Maitland Michelle N. Farkas Rebecca C. Raskin Andrew D. Manitsky° 'Admitted only in New YvA This office represents Faucett Builders, Inc. ("Faucett"). As you know, William Cimonetti and William Gilbert have appealed the Faucett's Demolition and Construction Permits, dated May 23, 2000 and June 13, 2000, to the Development Review Board. I understand that a hearing on the May 23 Permits is scheduled for July 25, 2000. Hearing on the June 13 Permits has not yet been scheduled. I request that on July 25 the Board conduct a single hearing on both appeals. The filing of the application for the June 13 Permits effectively addressed and resolved the grounds for the Appellants' appeal of the May 23 Permit and, therefore, that appeal is academic and moot. The May 23 Permit application was based on the existing lot subdivided, the "grounds" for the appeal. The June 13 Permit application is based on the existing lot unsubdivided. For purposes of the filing of the second appeal, it is obvious that these are two very different applications and should have been treated by the appellants as such. There was and is no apparent basis for the second appeal. I suggest that at the July 25 hearing the Board address the mootness issue first and then proceed to such merits of the second appeal that may remain with the dismissal of the first. GRAVEL AND SHEA Gale Quimby, Secretary Thank you for considering our request. Very truly yours, GRAVEL AND SHEA JRP:cac cc: Mr. Lee Faucett Ms. Sarah McAllum Christopher D. Roy, Esq. June 30, 2000 Page 2 OWNS RACHL[N &MARTIN I'd A T T 0 R N E Y s A T L A W COURTHOUSE PLAZA • 199 MAIN STREET • PO BOX 190 • BURLINGTON • VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy croy@drm.com July 6, 2000 VIA FACSIMILE AND FIRST CLASS MAIL Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Appeal of Zoning Permits 00-205 and 00-206 (1397 Spear Street/Faucett) Dear Ray: By way of this letter, I am informing you on behalf of my clients, Bill Gilbert and Bill Cimonetti, that they are withdrawing their pending appeals of the above -referenced permits in light of an agreement reached today with the applicant. If you have any questions, please do not hesitate to get in touch. Thank you for your assistance. Very truly yours, cao Christopher D. Rot cc: Robert J. Perry, Esq. (via facsimile only) John R. Ponsetto, Esq. (via facsimile only) ST. JOHNSBURY VT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 07/06/2000 14:53 FAX 802 302 7512 DOWNS RACHLIN & MARTIN DowNsRACHLINchi MARTIN PLLC A -r -j- u R A' E v s A 7 T, A W CVATI-10113t PLAZA -I U9 MMNSTRBET-PO BUX 190 - BURLING1 ON 'VLKNIONT05402,9190 ,1 912 603 2375 - PAR,) 302 862 ' 51', Uji.5tapha D. key cxov @drrn.com July 6,2000 VGA FACSIMILE AU FIRST CLASS MAIL Ray Belair, Zoning Administrator City of South Burlington 573 Dorset Street South Burlington, VT 05403 Re: Anna] of Zoning Permits 00-205 and 00-206 (1397 Spear Street(Faucett) Dear Ray-, Z (" o 2 By way of this letter, I am informing you on behalf of any clieuts, Bill Gilbert and Bi;.] Cinionetti, that they are withdrawing their pending appeals of the above -referenced permits in light of an agreement reached today with the applicant. If you have any questions, please do not hesitate to get in touch. Thank - you for Y our Very truly yours, CUO ' Christopher D . Rt cc: Robert J. Perry, Esq. (via facsimile only) John R. Ponsetto, Esq, (via facsimile only) ,97, JOHNARTIRY V'V BF,17LEBORO VC -1.1802 748 M24 +' 912 235 3071 +1 Wl9 11-1 C21'6 LLEWELLYN • HOWLEY I N C O R P O R A T E D June 29, 2000 Mr. Raymond J. Belair Assistant Zoning and Planning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Lojek - Sketch Plan - 2-lot subdivision - 1397 Spear Street File: 2000025 Dear Ray: On behalf of Mr. Lee Faucett, we wish to withdraw our sketch plan application for the 2-lot subdivision at 1397 Spear Street (lot formerly owned by Lojek). Thank you for your assistance. Sincerely, Llewellyn -Howley Incorporated Lance A. Llewell�' P.E. cc: Lee Faucett Robert Perry, Esq. 4049 Williston Road • South Burlington • Vermont • 05403 T 802-658.2100 • F 802-658.2882 • e-mail: Ilewellinc@aol.com Engineering • Land Development • Permitting GRAVEL AND RKPVED Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.658.0220 Facsimile 802.658.1456 www.gravelshea.com Writer's E-Mail: jponsetto@gravelsliea.com Stephen R. Crampton (j JULo ` (� ]0W'. ivy Stewart McCy aoghy Robert B.. Hemle William G. Post Jr. Craig Weatherly James E. Knapp City of So. Burlington John R. Ponsetto DeR. Pearson Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Gale Quimby, Secretary Soutn Burlington Developmem Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 June 30, 2000 Leigh Polk Cole Robert H. Ru hford Johan W. E. Maitland Michelle N. Farkas Rebecca C. Raskin Clarke A. Gravel Oj Cvunael Charles T. Shea Norman Williams Special Counsel Re: Appeal of Faucett's Builders, Inc. Demolition and 0 Construction Permits for 1397 Spear Street Dear Secretary Quimby: This office represents Faucett Builders, Inc. ("Faucett"). As you know, William Cimonetti and William Gilbert have appealed the Faucett's Demolition and Construction Permits, dated May 23, 2000 and June 13, 2000, to the Development Review Board. I understand that a hearing on the May 23 Permits is scheduled for July 25, 2000. Hearing on the June 13 Permits has not yet been scheduled. I request that on July 25 the Board conduct a single hearing on both appeals. The filing of the application for the June 13 Permits effectively addressed and resolved the grounds for the Appellants' appeal_ of the May 23 Permit and, therefore, that appeal is academic and moot. The May 23 Permit application was based on the existing lot subdivided, the "grounds" for the appeal. The June 13 Permit application is based on the existing lot unsubdivided. For purposes of the filing of the second appeal, it is obvious that these are two very different applications and should have been treated by the appellants as such. There was and is no apparent basis for the second appeal. I suggest that at the July 25 hearing the Board address the mootness issue first and then proceed to such merits of the second appeal that may remain with the dismissal of the first. GRAVEL AND SHEA Gale Quimby, Secretary Thank you for considering our request. JRP:cac cc: Mr. Lee Faucett /' Ms. Sarah McAllum`✓ Christopher D. Roy, Esq. 0 z Y Very truly yours, GRAVEL AND SHEA John R. Ponsetto a7 June 30, 2000 Page 2 FROM : FAUCETT PONE NO. : 985 3680 Jury. 30 2000 00:59AM P1 June 29, 2000 FAUC.ETT BUILDERS INC. i 1 BT:ACON STREET, SO BURLINGTON, VT 05401 BUS. 802-862-4913 FAX 802-862-4897 Zoning Administrator Department of Planning and Zoning City of South Burlington South Burlington, Vermont 05403 Ji1N 3 0 20W `i t of So. Burlington By virtue of the withdrawel of the Application for a Subdivision Permit at 11397 Spear Street, l am withdrawing Demolition Permit No. 2P-00-165 and Building Permit No. 2P-00-166. both. dated May 23, 2000 I wi11 proceed with Demolition Pem-dt No.2P-00-206 and Building Permint No. 29-00-205 dated Tune 13, 2000. since el , 4 �Wvzf— r' A. Lee Faucett, Pres. Faucett Builders Inc, LLEWELLYN - HOWL.EY INCORPORATED --- June 29, 2000 W. Raymond J. Belair Assistant zoning and Planning Administrator City of South Burlington 575 Dorset Street South Burlington., Vermont 05403 Re: Lojek - Sketch Plan - 2-lot subdivision. - 1397 Spear Street File: 2000025 Dear Ray: On belutlf of Mr. Lee Faucett, we wish to withdraw our sketch plan application for th4z 2-lot subdivision at 1397 Spear Street (lot formerly owned by Loaek). Thank you for your assistance, Sincerely, Llewellyn -Howley incorporated Lance A. Llewell�, P.E. cc: Lee Faucett Robert Perry, Esq. 4049 M iaton Road - $ovth BurNngton • Vermont - 05403 T 802-65&21CQ - f 802-E58.2882 -e•ma4 Ilewellirotpot.com Engineering - Lend Uevelopment - Permitting CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 29, 2000 Faucett Builders, Inc. 39 Beacon Street South Burlington, VT 05403 Re: Appeal of Zoning Permits #ZP-00-205 & ZP-00-206 Dear Sir/Madame: Please be advised that the two (2) zoning permits (#ZP-00-205 & ZP-00-206) issued to you on 6/13/00 have been appealed (see enclosed). Pursuant to 24 VSA §4443(a)(3), these permits will not take effect until final adjudication of these appeals. The appeals are scheduled to be heard by the South Burlington Development Review Board on August 1, 2000. Sincerely, Sarah MacCallum, Acting Administrative Officer SM/mcp cc: Christopher D. Roy, Esquire City of South Burlington Application to .Development Review Board Official Use Q APPLICATION 4 � ;� � — � U � D HEARING DATE _Ell / 4JO PILING DATE � 0 FEE AMOUNT-- Nameofapplicant(s) William Cimonetti and William Gilbert Address 1393 Spear St. and 1400 Spear StTelephone# 863-4905/862-4531 Represented by Christopher D. Roy, Esq.. Downs Rachlin & Martin PLLC Landowner Faucett Builders, Inc. Location and description of property 1397 Spear St. Adjacent property owner(s) &Address Stonehedge Homeowners Association Typc of application check one: (X) appeal from decision of Administrator Offrecr (inciudcs appeals -'am Notice of Violation) ( ) request for a conditional use ( ) 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 appear 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 hearing. Provision of zoning ordinance in question Zoning Regs. Section 27.10 Reasonforappeal Construction Zoning Permit 00-205 was issued prematurely pending prior appeal. Other documentation 6/28/00 Date In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, . at 7:30 P_M. to consider the following: Application of socking a from. Section of the South Burlington Zoning Regulations. Request is for permission to City of South Burlington Application to Development Review Board Official Use APPLICATION # -O HEARING DATE FILING DATE 128 �� O FEE AmouN'T 7 j T Name ofapplicant(s) William Cimonetti and William Gilbert Address 1393 Spear St. and 1400 Spear St Telephone# 863-4905/862-4531 Representedby Christopher D. Roy, Esa. Downs Raphlin & Martin PLLC Landowner Faucett Builders Inc. Location and description of property 1397 Spear St. Adjaccntpropertyowner(s)&Address Stonehedge Homeowners Association Type of application check one: (C) appeal from decision of Administrator Officer (includes appeals :-om Notice of Violation) ( ) request for a conditional use ( ) request for a variance I understand the presentation procedures required by Stare Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a Iegal advertisement must appear 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 hearing. Provision of zoning ordinance in question Zoning Regs. Section 27.10 Reasonforappeal Demolition Zoning Permit 00-206 was issued prematurely pending prior appeal. Other documentation tation 28/00 Daze In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, . at 7:30 PM to consider the following: Application of seeking a from. Section of the South Burlington Zoning Regulations. Request is for permission to �OWIVS RACHLIN Hi MARTIN PL C A T T O R N E Y S AT LAW COURTHOUSE PLAZA • 199 MAIN STREET • PO BOX 190 • BURLINGTON • VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy croy@drm.com June 28, 2000 DELIVERED BY HAND Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Appeal of Zoning Permits 00-205 and 00-206 (1397 Spear Street/Faucett) Dear Ray: Enclosed you will find two completed zoning application forms setting forth the pertinent information relating to my clients' appeal of the above -referenced zoning permits. Also enclosed you will find a check in the amount of $170 to cover the fee for appealing issuance of the two permits. Furthermore, I reiterate my request that the City of South Burlington take all enforcement actions necessary to ensure that neither Faucett Builders, Inc., Mr. A. Lee Faucett, nor their agents, perform any site work pursuant to the permits being appealed during the pendency of the appeals. Regrettably, it is my understanding that demolition work was prematurely commenced at 1397 Spear Street this morning. Thank you for your assistance. Very truly yours, UW 0 Christopher D. tR Encls. ST. JOHNSBURYVT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 1st. Copy CODE OFFICER 2nd. Copy CITY ENGINEER 3rd. Copy CITY ASSESSOR 4th Copy APPLICANT CITY OF SOUTH BURLINGTON APPLICATION FOR ZONING PERMIT PERMIT NO Zone. Date ..: /J •'mod . �1r.4,78..I--':.... The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building inspector.) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION STREET NUMBER } OCCUPANCY FLOORS Single Family 8 I 2 3 LOT SIZE: Frontage )E) Depth .,Lot No. Two Family Cement , Apartment No. Fam. Earth OWNER ��,, ,,,,� ,�� j,Fo' �,��QU�ILDER- Store Pine WATER SUPPLY: Public �K Private p Offices ... • • • . ry. - Warehouse n�n�n _Q Res. Garage n No. Cars Dert.0nT I j1L�a • Gas Station n • FOUNDATION Concrete nnnn ■■■■■■■/■/■■ /■■■■■■■ ■■■■■■■■■■■■///■■■■�-'■■ Concrete Blockn� 00rinPiers ■■■■■■■■■■■■i=■■■■■■■■C■■■■■■■■■■■■/■■■/■■ �■ Brick or Stone nnnnn ■'■■■■■■■■■■■■!■■■■■■!■■■■■■■■■■■■■■■■■■■■�„�■■ nnnnn ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Cellar Area Full MOM = �■ ■■■■■■■■■■■■■■■■■■■i■■■■■■■■■■■■■■■■■■■■■■■■■■ No Collar ■■■■■■■■■■■■■■■■!■■■■■■■■■!!!■■■!■■!■!n!■■■■■■ = —LEMEXTERIOR ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■r.,■see■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■o��-■.■■■■■■■ WALLS--- Clap ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■o■■■■■■■■■■■■■■■■ Wide Siding Q]Pi,.Iesii7Furn._c. �i:.■■■■■■■■■■■■■■■■■■■■■■ Drop Si n■■■■■■■ ■■■■■■■■■■No ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Sheathing n n ■■■■■■■■lil■■■■tr1■■f�7■ii■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■!■■■■i16�BW"r�■■■■■■!■■■■■■■■■■■■■■■■■■■■■ =n Stucco on Frame �° ■■■■■■■■■■■t'i■■■■■■■■■■■■■■■/■■■■/■■■//■■■■■■/■ Stucco an Tile n n ■■■■■■■■■■■■■■■■■■■■■■■■■■■!■■■■■■■■■■■!■■■■■■ Brick on Tile- e ■■■■/■■■■■/■■■■/ ■■■/■■■/■■■■■■■■■■■■■■■/■■■■ Solid Brick Solar Panels Stone Veneer n ® ■ ■■■■■■■!■■■■■■■■■■■■■■■■■■■!■■■■■■■■■!■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Terra Cotta M Water Closet Vitrolite Kitchen Sink ■■■■■■■■■■■�■■���n■�■■■■■■�■■�■■■■�■■■■■■■ • y-m n �a . • . ROOFING n r n= n n n n ni n� n n I r CITY OF SOUTH BURLINGTON PERMIT NOL 1:.* ...... APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER Zone ... ° 2nd. Copy CITY ENGINEER 3rd. Copy CITY ASSESSOR+ v 4th Copy APPLICANT Date ........................................... ........ The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspector.) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION STREET -`NUMBER • • • .•• Depth Lot No - Single FamilyTwo --0�©© Family �MEMEM �W_ Apartment No. Fam. - WATER SUPPLY: Public Private SEWAGE DISPOSAL: Public Private Permit A Ix Warehouse ROAD OPENING: (Show layout) Permit # Res. Garage 4 No. Cair.Dft- ■SMI ELEC. WIRING: Underground Overhead ■ Gas •-00©©Plot • to scale Lot and , Improvements, showing width of Front, Side and Reor Verde. Mark Compass point indicating North. • .. • ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■�■■■■■■■■■■■■ MENOM ■■■■■■■■■■■■■i■noon■■■■■■■■■■■■■■■■■■.NMI; I ■'MEN ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■h.,.l■■I ����� ■ ONE n■■■■■n■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■n■■■■■■■■■■■■■■■■■■!! Collar Area Full IMMES ■■MEN ■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■i ■■■■■■■■■■■■■■■■■■■i■■■■n■■■■■■■n■■■■■■■■■■■■■I OEM ■■■■■■■■■■■■■■■■■■■■■■■■■■■■rilW■■■■■■■■■■■■■' -Fire-place ■■■■■■■■■■■■■■■■■■■■■■■■■■■Ili��%■■■■■■■■■■■■■■ EXTERIORClapboards ■■■■■■■■■■■■■■■■■■■■■��■■■iI■Ifl■■■■■■■■■■■■■■■■n ■■■■■■■■■■■nn■■■■■ ■■r■■■■■�■■■■■■■■■■■■■■■■■■ ■n■■■■■■■■■■■■n■■■�■■■■■■i■■■■■■■■■■■■■■■■■■■■ No Sheathing Forced Air Furn. Shingles -Wood .............................................. Gas Burner MM Nn■■■■■■■■■■■■■■■■■n■■■■n■■■■■n■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■�■■■■■■■■■■■■■■■■■■■■■■■ :: ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ = ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Vitrolite Plate Glass ■ ■■■■■■■■■■■N■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Insulation Auto. Wat. Heat __M0 ■■■■■■■■■■■■■■■■■■■■n■■■■■■■■■■■■■■■■■■■■■■■■ DescriptionPlumbingProject AJ Estinated Cost ROOFINGPROPERTY Asph. Shingles Wood Shingles �1111iv Metal - NO. OF OO j r. FEE flUTATIOftI,t $ f -• �4lf` _.. _ . �f CZ-' �. , ) .. Plans received Yes ❑ No ❑ i L, E-�� 3 SIGNATURE of OWNERf or BUILDER , ADDISS of_OWNER APPLICATION: REJECTED ❑ APPROVED I1� SIGNATURE OF CODE OFFICER ISSUED TOy Date 'V , CITY OF SOUTH BIJRLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 9, 2000 Faucett Builders, Inc. 39 Beacon Street South Burlington, VT 05403 Re: Appeal of Zoning Permits #ZP-00-165 & ZP-00-166 Dear Sir/Madame: Please be advised that the two (2) zoning permits (#ZP-00-165 & ZP-00-166) issued to you on 5/23/00 have been appealed (see enclosed). Pursuant to 24 VSA §4443(a)(3), these permits will not take effect until final adjudication of these appeals. The appeals are scheduled to be heard by the South Burlington Development Review Board on July 25, 2000. Sincerely, �✓ /ayl'm�'o6�nd"]". Belair, Administrative Officer RIB/mcp cc: Christopher D. Roy, Esquire OWNS RACHLIN & MARTIN PL C A T T O R N E Y s AT LAW COURTHOUSE PLAZA• 199 MAIN STREET• PO Box 190 • BURLINGTON •VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy croy@drm.com June 7, 2000 DELIVERED BY HAND Secretary, South Burlington Development Review Board City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Appeal of Zoning Permits for 1397 Spear Street Issued to Lee Faucett Dear Sir or Madam: By way of this letter, I am authorized to inform the Development Review Board that, pursuant to 24 V.S.A. § 4464(a), my clients hereby appeal the issuance of two zoning permits to A. Lee Faucett on May 23, 2000 with respect to demolition and construction work at 1397 Spear Street. My clients are listed below: Mr. William Cimonetti 1393 Spear Street South Burlington, VT 05403 Mr. William Gilbert 1400 Spear Street South Burlington, VT 05403 Among the grounds for this appeal is the fact that Mr. Faucett's zoning applications presume the existence of two subdivided lots at 1397 Spear Street. Mr. Faucett's application to subdivide the existing lot into a western and eastern lot, however, has not yet been reviewed or approved by the Development Review Board. The subdivision application was scheduled for sketch plan review at the Development Review Board's June 6 meeting before postponement was requested by Mr. Faucett. The subdivision application is not scheduled to be taken up again until July 11. Thus, it is premature to issue zoning permits for demolition and construction work on a subdivided lot which does not yet exist, and which effectively creates a second lot on the western portion of the lot. ST. JOHNSBURYVT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 DOWNS RACHLIN & MARTIN PLLC Secretary, South Burlington Development Review Board June 7, 2000 Page 2 If you have any questions, please do not hesitate to get in touch. Thank you for your assistance. Very truly yours, coo) Christopher D. R cc: Mr. William Cimonetti (via first class mail) Mr. William Gilbert (via first class mail) BTV/#162795 vl City of South Burlington Application to Development Rcvicw Board Official Use APPLICATION # DARING DATE FILING DATE FEE AMOUNT ✓ S Name of applicant(s) William Cimonetti and William Gilbert Address 1393 Spear St. and 1400 Shear StTcicphone # 863-4905/862-4531 Represented by Christopher D. Roy, Esq. , Downs Raehlin & Martin PLLC Landowner A. Lee Faucett Location and description of property 1397 Shear Street Adjacent property owner(s) & Address Stonehedge Homeowners Association Type of application check one: ()9 appeal from decision of Administrator Officer (includes appeals :-am Notice of Violation) ( ) request for a conditional use ( ) request for a variance I understand the presentation procedures required by State Law (Section 4469 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must appear 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 hearing. Provision of zoning ordinance in question Zoning Begs. §27.10; Subdivision Regs. §201.1 Reason for appeal Demolition Zoning Permit 00-165 assumes subdivided lot before approved Other documentation 6/7/00 Date In accordance with the South Burlington Zoning Regulations and Chapter 117. Title 24 V.S.A. the South Burlington Dcvclopmcnt Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, . at 7:30 PIYL to consider the following: Application of seeking a from Section of the South Burlington Zoning Regulations. Request is for permission to City of South Burlington Application to Development Review Board Official Use APPLICATION # 140 HEARING DATE FILING DATE C�J 7 61) FEE AMOUNT Q Name ofapplicant(s) William Cimonetti and William Gilbert Address 1.393Spear St. and 1400 Spear StTclephone# 863-4905/862-4531 Represented by Christopher D. Roy, Esq., Downs Rachlin & Martin PLLC Landowner A. Lee Faucett Location and description of property 1397 Spear Street Adjaccnt property owner(s) & Address Stonehedge Homeowners Association Typc of application check one. (0 appeal from decision of Administrator Offiiiccr (includes appeals -om Notice of Violation) ( ) request for a conditional use ( ) 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 appear 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 hearing. Provision of zoning ordinance in question Zoning Regs. g27.10; Subdivision Regs. § 201.1 Reason for appeal Construction Zoning Permit 00-166 assumes subdivided lot before approved Other documentation In accordance with the South Burlington Zoning Regulations and Chaptcr 1171. Title 24 V.S.A. the South Burlington Development Review Board will hold a public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, . at 7:301?.M. to consider the following: Application of scCking a foom. Section of the South Burlington Zoning Regulations. Request is for permission to OWNS RACHLIN Ht MARTIN PLGC A T T O R N E Y s AT LAW COURTHOUSE PLAZA • 199 MAIN STREET • PO BOX 190 • BURLINGTON • VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy Croy@drm.com June 8, 2000 Ray Belair, Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Appeal of Zoning Permits 00-165 and 00-166 (1397 Spear Street/Faucett) Dear Ray: Enclosed you will find two completed zoning application forms setting forth the pertinent information relating to my clients' appeal of the above -referenced zoning permits. Also enclosed you will find a check in the amount of $170 to cover the fee for appealing issuance of the two permits. Thank you for your assistance. Very truly yours, OW 0 Cnrisccpiler D. Ro Encls. ST. JOHNSBURY VT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 CITY OF SOUTH BURLINGTON PERMIT NO�-- APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER ,,� 2nd. Copy CITY ENGINEER Zone ......... --;,, 3rd. Copy CITY ASSESSOR 4th Copy APPLICANT Date The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted if required by Building Inspector.) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION STREET`_] 7="���_ " NUMBER -�' r OCCUPANCY FLOORS LOT SIZE: Frontage �' J Depth �� Lot No. Single Family B t 2 3 Two Family Cement OWNER 1 )ice` BUILDER Apartment No. Fam. Earthi` store Pine WATER SUPPLY: Public Private ❑ Offices Hardwood SEWAGE DISPOSAL: Public -� - Private Permit # Warehouse Tile.� carpet ROAD OPENING: (Show layout) Permit # -,I% "✓ Res. Garage Attic Fl. & St . �-� 'I <<` No. cars Det, 'a I Att, Height nl f - L; ELEC. WIRING: Underground Overhead ❑ Permit # Gas Station INTERIOR FINISH Additions -Alterations I B t 2 3 Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. FOUNDATION Pine Mark N at Compass point indicating North. Concrete Hardwood Concrete Block Sheetrock Brick or Stone Unfinished Piers Paneling Cellar Area Full '/. '/. 1 Recreat. Room No Cellar Finished Attic . Fireplace - -- EXTERIOR WALLS Clapboards ")( HEATING -��----. Wide Siding Pipeiess Furnace Drop Siding Hot Air Furnace No Sheathing Forced Air Furn. Wood Shingles Steam bes. Shingles Hot Wat. or Vapor .cucco on Frame No Heating Stucco on Tile Electric Brick Veneer Gas Burner f Brick on Tile Oil Burner Solid Brick Solar Panels Stone Veneer PLUMBING Conc. or Cind. BI. Bathroom Toilet Room Terra Corte Water Closet Vitrolite Kitchen Sink 1% Plate Glass Std. Wat. Heat Insulation Auto. Wat. Heat Weatherstrip Elect. Wet. Svst. Laundry Tubs ROOFING Asph. Shingles No Plumbing Wood Shingles TILING Asbes. Shingles Bath Fl. & Wcot. Slate Toilet Fl. & Wcot. Tile LIGHTING Metal Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. 2nd. t St. 3rd. Project Description PROPERTY LINE X�i:�)✓Ztz'OM ��'�'r'-eC� 5�.�s��-�.-9 �yitsi^/�. �'i���� r>-7-z r �(.' Estimated Cost FEE CO P..UTATION $ ' SIGNATURE of"OWNER or BUILDER APPLICATION: REJECTED ❑ APPROVED R ISSUED TO Date Plans received Yes Ok No 0 SIGNATURE OF CODE OFFICER CITY OF SOUTH BURLINGTON PERMIT NO,,-�����, A - 3LICATION FOR ZONING PT 'MIT 1st. Copy CODE OFFICER �A o � 2nd. Copy CITY ENGINEER Zone.,`.., ` . 3rd. Copy CITY ASSESSOR 4th Copy APPLICANT Date .. , ... ........................... �$..3. rho undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspector.) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con• form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now in effect. CONSTRUCTION STREET �� __"� NUMBER =-T" OCCUPANCY FLOORS Single Family I B1 123 LOT SIZE: Frontage jr Depth -- F Lot No. e ? i Two Family Cement OWNER jh BUILDER -•-��! i S Apartment Na Fam. Earth err'✓1 �6_�' ��Irrr`��? Store WATER SUPPLY: Public Private Offices SEWAGE DISPOSAL: Public Private Permit * Warehouse ■=EMM■■■■ 00 �_-; =1 ROAD OPENING: (Show layout) Permit # Res. Garage No. Cars Dot.0 Att.M_�MEMMM!001 ELEC. WIRING: Underground Overhead E] Permit * Gas Station -INTERIOR •Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. FOUNDATION• ■■■- Concrete■ ■■■■ ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■ .......■■■■■■_■■■■■■S=�■■■■ MEN E■■■■■:amain 01"�: Concrete Block■■■■■ ..■■■■■■■■. ■■■■■■ ...MEN ......MEN ..■■ a■ Brick or Stone■ ■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■.■■■"Em ■ ■■■■ • •■■■■■■■■■■■■oso■■■■■■EsoS■M MEN ■MEN E■E■M■MEM ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■. soon ■.■■■■■■ Caller Area Full ■:■■■■■■■■■■■■■■■■■'■■■■■■■■■■■■■■■■.■■■.■■■■■ ■ ■� ....■■■■■■■■■■■■■■ MEN ■■■■■■■■■■EM OMEN ■■■■■■M C■■■:■■■■■■■■■■■■■■■SEEM■■■■■■■■■■■■■■■■■■■■■■. ................................■....■.■.■■■■■ I EXTERIOR■ -Fireplace..■■■■■■.■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■MESS■■ ■■.■■■■■■■■■■■■■■■ on■■. SEEN .■..■.■■.■■.■■■■■■ Clapboards ■■■■■■■■!gn■■■■■ EEi■■■■■ noun ■■■■ son EM■o MEMNON NJ 011 .: MEN E■M■■I■n■■RREMME■■Me�EE■�i29l■EA■n■■nnS�MM■M■■■ ... Siding SON oss MMNMESE■nME�e■ ■■Er■■EEMWOMM■■E1r■■■■■M■ ■■E■MEiMEMM■MMEM■■ESEE■ ■ SEEM EEso■■MESM■■■E■Mo■ No Sheathing■ ■ ■■■■■SEE■E■■■EE■■■■EME■■ MEMO ■■■■■■■■■■■■■■■■■■ Wood Sh,_ngle, mom ■■E■■M■■ons■■■■E■■■E■EE mom E■EEM■E■■MEME■EE■ ;bes. Shingles = Hot Wal.-orvap-1-1--immom = EMEM■E■■■EMMEEMEE■oE■M OMEN EM■■■■■■■S■MMEM■■ 'ucco on Frame ■■■■■sso■■■ns■■■■■■ ENE s■■■MEN ■■M■■■■ME■■MMMMn■ ■■■■■■oso■■■o■■■■■■■■■■■■■ ONE ■■■■■■■■MEM■■■E■■ Stucco on Tile EMMEM ON 0 NNEEMEMEM Brick Veneer = Gas Burner _■■■■■■■■■■■■■■■■■=■■■E■■■■■■■■■■ME■MEM■MESME■ Brick on�. : ■■■■■SOS■■■■■■■ ME■SE■■M■■ME■M■■■M■■MEMONES Solid Brick —Solar Panels ■■o■■o■■o■■■■■■■o■o■■E■■■■■■■ mom ■EMES NONE SONES N■■MMEMEMEEM■M■■ME■■ ■■E■■■mom ■■■E■M■■■■■■■■ -Stone Vi near■ ■ :■M■sMM■MMEEME■M■■■ESE:■EMEMMME■■EM■E■E■nME■E■ Conc. or Cind. BI.= :: ■■■■MME■■S■E■■■MM■■■■S■■■MMEMM■MMEEMMEEM■SEEMS EEO■■■■■■■■■■■■n■■E■M■MMM■EMSO■EMMEMOMMEMM■SS■ EEE■E■■■ME■■■■s■■EEESEE■MEE■E■ME■EM■■ME■■■■EE■ Terra CotteWater - Closet ■■o■M■■■Mss■■s MEEE■■EEE■■E■EEN■■■■■■■■s■■■■■ Vitrolite= ■■iss■ao■■oo■■■i■■■EME■E■■■■■■■■E■■■E■■■■■M■■M■ MMMMMMMMMmm__M so ■■■■■■■■■■■■■■■■■■■■n■■■■■■■■■■■■■■■■■■■■■■■■ ■ ■ .�. ,. . -ee Asph. Shingles ■ Wood Shingles AS Asbes. Shingles ■ ■ Slate ■ ■ Tile Metal ■ ■®�■NEW=.. �r LLEWELLYN - HOWLEY I N 0 0 R P 0 h A T■ 0 June b, 2000 Mr, Raymond J. Belair Assistant Zoning and Planning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Lojek - Sketch Plan - 2-lot subdivision - 1397 Spear Street File: 2000025 Dear Ray: We wish to postpone the review of this sketch plan application from tl�iN cvcnir_ep meeting „ith the Development Review Board. As we discussed, we request to continue the sketch plan review at the July 11, 2000 meeting. Please notify me if that time is available. Thank you for your assistance, Sincerely, Llewellyn -Howley Incorporated Lance A. L4,Ayn, P.E. cc: Lee Faucett Robert Perry, Esq. 4049 Williston Road � South Burlington - Vermont - 0540E 7' 802.65&21 oo - F 802-658.2862 - e-mail 4w*llinc4;801 cam Englreering » Land 0"lopment - Ptrmltting LLEWELLYN • H['WLEY I N C O R r O R• T t D ,tune b, 2000 Mr. Raymond J. Belair Assistant Zoning and Planning Administrator City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Lojek - 5ketoh Plan - 2-lot subdivision - 1397 Spear Street File 2000025 Dear Ray: We wish to postpone the review of this sketch plan application from this evenings meeting with the Development Review Board. As we discussed, we request to continue the sketch plan review at the July 11, 2000 meeting. Please notify me if that time is available. Thank you for your assistance. Sincerely, Llewellyn -Howley Incorporated Lance A. Ll yn,P.E. CC: Lee Faucett Robert Perry, Esq, 4049 W hIston Road, South Burlington - Vemtiont , 05403 T 802-M2100 • F 802-858.28a2 • e-mail Ilowollme®aol cem rng'reering • Land Dewlapment • Permitting CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 2, 2000 Lance Llewellyn Llewellyn - Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Lojek - Sketch Plan - 2 Lot Subdivision - 1397 Spear Street Dear Mr. Llewellyn: Enclosed is the agenda for next Tuesday's Development Review Board meeting and comments from City Engineer Bill Szymanski, the Fire Department and myself Please be sure someone is present on Tuesday, June 6, 2000 at 7:30 p.m. to represent your request. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Administrative Officer RJB/mcp Encls MEMORANDUM To: South Burlington Development Review Board From: South Burlington Fire Department Re: June 20, 2000 agenda items Date: May 11, 2000 1) Fairway Estates, LLC Swift Street The applicant should consult with the Fire Chief on the location of any proposed hydrants. The town homes should be sprinklered 2) Lojek 1397 Spear Street Acceptable DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 5, 2000 Lance Llewellyn Llewellyn- Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Application #SD-00-24, 1397 Spear Street Dear Mr. Llewellyn: Enclosed is a copy of the .June 6, 2000 Development Review Board minutes on the above referenced project. If you have any questions, please give me a call. Sincerely, Sarah MacCallum, Planning & Zoning Assistant SM/mcp 1 Encl DEVELOPMENT REVIEW BOARD 6 JUNE 2000 PAGE 2 3. Consent Agenda: a. Design Review application #DR-00-08 — Dorset Square Associates — Fletcher Allen Replay sign,150 Dorset Street. This project consists of replacing an existing internally lit wall sign that utilizes a white background and dark lettering with an internally lit wall sign that utilizes a dark background with white lettering. Mr. Dinklage asked if anyone on the Board or in the audience wanted a full hearing on this item. No such requests were made. Mr. Farley moved to approve the Consent Agenda subject to the conditions in the staff memo of 1 June 2000. Mr. Roth seconded. Motion passed unanimously. 4. Continued Public Hearing: Preliminary plat application #SD-00-25 of Jeffrey and Elizabeth Goldberg to subdivide a 12.92 acre parcel into 5 lots of 2.34 acres (lot #1), 2.34 acres (lot #2),1.73 acres (lot #3), 1.92 acres (lot #4) and 4.55 acres (lot #5), 1760 Dorset Street: Mr. Belair advised that the applicant has requested a continuation until 11 July. Ms. Quimby moved to continue the application until 11 July 2000. Mr. Roth seconded. Motion passed unanimously. 5. Sketch Plan application #SD-00-24 of Michael & Melissa Lojek to subdivide a 2.4 acre lot into: 1) a 1.6 acre lot hereafter referred to as Lot #a and 2) a 0.8 acre lot hereafter referred to as Lot #2, 1397 Spear Street: Mr. Belair advised that the applicant has requested a continuation until 11 July. Mr. Roth moved to continue the Sketch Plan until 11 July. Mr. Farley seconded. Motion passed unanimously. 6. PUBLIC HEARING: Application #CU-00-12 of Douglas & Lynn Dapice seeking conditional use approval from Section 26.05, Conditional Uses and general approval under Section 3.506, Nonconforming Uses and Activities of the South Burlington Zoning Regulations. Request is for permission to reconstruct a 12' x 28' deck and stairs located in the Conservation & Open Space District at 119 Holmes Road: Mr. Dapice said the deck is more than 30 years old and is falling apart. He is concerned with the safety of his grandchildren. MEMORANDUM To: Applicants/Project Files From: William J. Szymanski, South Burlington City Engineer Re: Comments, June 6, 2000 agenda items Date: May 15, 2000 FAUCETT SUBDIVISION-1397 SPEAR STREET - CEDAR GLEN NORTH 1. Lot two may not have frontage on cedar Glen. This will require a title search and survey. 2. Next plan shall show water and sewer service and street access drive. SWIFT STREET PARCEL- ECONOMOU FARM ROAD - VT NATIONAL COUNTRY CLUB Lot sketch plan prepared by O'Leary - Burke Civil Engineers, dated 5/2/00 is acceptable. LEGEND MIF &DJEK [4SnN4 HOUSE PROPOSED EXISTING i\i Lor oms ACRES PROPERTY LINE 1.6 ............ . ................ LOT ............................,.......WETLAND LIMIT CRES BUFFER ZON BUILDING SETBACK CONTOUR 4 PEDESTAL NIF STONEHEDGE OCIA HOULOV,NER'S ASS TON V, STORM SEWER M.H. 709, STORM SEWER INLET 0 0 423, HYDRANT v 531, GATE VALE IUSITN4 HOUSE NLSTON EDGE 111 OME iz. -00 ER'S ASSOCIATION STORM SEWER .0, C=AiV WATER SUPPLY FOOTING DRAIN :777 ROOF DRAIN CURTAIN DRAIN :z". t7 ELECTRIC Po CABLE T.V. m..- — OVERHEAD —mw — — — — 7 — -- — -- .AD WIRE —c j NATURAL GAS —4— --a. TELEPHONE z BARB WIRE FENCE�� CHAIN LINK FENCE ---- NORrH.,',,. STOCKADE FENCE TREE UNE -- — ----- — --- — --- EDGE OF WATER CENTER LINE GUARD RAIL NOTES I I J ) x LUA41NAIRE 6 U71UTY POLE X J8 1. OWNER OF RECORD: MICHAEL @ MELISSA LOZK 2638 ALGER SE SIGN GRAND RAPIDS, All 49506 2. APPLICANT FAUCETT BUILDERS, INC 32 BEACON STREET SOUTH BURLINGTON. VT 05403 FAUCEIPT SUBDIVISION J. ZONED. RESIDENTAL, I PER ACRE AND RESIDENTIAL, 4 PER ACRE VERNIONT fourm suaLilvarom 4. DEED: VOLUME 175, PAGE 270 5, PROJECT DESCRIPTION: 0.8 ACRE SUBDIVISION FROM 2.4 ACRE EXISTING PARCEL ON SPEAR STREET IN ly SKETCH PLAN SOUTH BURLINGTON, VT. PROJECT SIDINU 6. PERIMETER PROPERTY LINE )NFROMAn0N TAKEN FROM PLAN ENTITLED 'BOUNDARY INFORMATION -PARCEL C CLUSTER AND ACCESS, AOCOM, INC.' BY ENGINEERS INCORPORATED OF mRMONT, DATED DA174. GRAPHIC SCALE LLEWELLYN - HOWLEY INCORPO DATE m4no RAT T I D 7. TOPOGRAPHIC AND EVS77NG FEATURES INFORMA77ON BY BUTTON ASSOCIATES, 4049 WILLISTON ROAD, $I."_. DRAWN BY, $Lm SOUTH BURLINGTON, VT. mal"Emmma , PtIt"frrime , comootTINa sooftes ,I _ 4640WILLJVMN GAD F fm)s ZILIGI IN FEET) ft. a-m D�ftQ 2oolmlol iuoh so *wA" ow2lon 654103 IWmIffaWkoI.-m S,EE,: William J. Cimonetti 1393 Spear Street South Burlington, VT 05403 802-863-4905 May 18, 2000 Mr. Joseph Weith City of South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Dear Joe; As you know, I have formally expressed my concern over the number of errors and omissions in the application to subdivide the existing lot at 1397 Spear Street. I understand that at this time that application is scheduled to be heard by the Development Review Board on June 6, 2000. 1 respectfully request that hearing be delayed until a later date. I have a long scheduled trip that takes me out of town from May 20 through June 10, 2000. Furthermore, I will be traveling most of that time, and will only be able to make sporadic checks of voice and e-mail. I will not be in a situation in which mail can be forwarded. But I do need to study the corrections, additions and clarifications that must be made to the subdivision application. Will you please let me know as soon as possible your decision on scheduling the hearing? Try to call me on 802-863-4905 and 802-734-1321, both of which numbers have voice mail. In addition, please inform my neighbor, Bill Gilbert, of 1400 Spear Street, 802-862-4531, and my attorney for this matter, Chris Roy, at 802-863-2375. Thank you very much. cc: Mr. A. Lee Faucett of Faucet Builders, Inc. Mr. Lance Llewellyn of Llewellyn - Howley Incorporated Mr. John Dinklage, Chair South Burlington Development Review Board Mr. Charles Hafter, City Manager, City of South Burlington Mr. Chris Roy, Esq. Mr. William A. Gilbert William J. Cimonetti 1393 Spear Street South Burlington, VT 05403 802-863-4905 May 19, 2000 Mr. Joseph Weith City of South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Dear Joe; I was extremely disappointed to be told by phone call from Ray Belair this afternoon that there will be no further consideration by the City of postponing the hearing on subdivision of 1397 Spear Street until a complete and more accurate application is received. My comments on the existing application are not frivolous; I want answers to the questions in time to study them prior to the hearing. That is not an unreasonable request. I raised questions about the application, citing what I believe to be errors and omissions, because I was given information by the applicant that the City did not have. I expect that if you had been told by Lance Llewellyn and Lee Faucet, as I was, that the purpose for subdivision is to create a lot upon which three or more town houses would be built, that the new lot would be accessed from curb cuts on Cedar Glen Drive, and that the design of the proposed sanitary sewer would be altered to serve this subdivision, you would have made sure that the application addressed these issues. I had information from the applicant that you did not have; I brought it to your attention. I expected that the City would see that the application was revised to properly reflect this information. As you know, I am going to be traveling for several days. Please provide any and all new information on this issue and the application, including the schedule for the hearing, to my attorney for this matter, Mr. Christopher Roy, Esq., of Downs Rachlin & Martin PLLC, Courthouse Plaza, 199 Main Street, PO Box 190, Burlington, VT 05402-0190, 802-863-2375. Since Bill Gilbert's property is also affected by the application and since Lance and Lee invited him to a meeting at which they described the purpose of the subdivision, please keep him completely informed, too. Thank you very much. cc: Mr. John Dinklage, Chair South Burlington Development Review Board Mr. Charles Hafter, City Manager, City of South Burlington Mr. Chris Roy, Esq. Mr. William A. Gilbert William J. Cimonetti 1393 Spear Street South Burlington, VT 05403 802-863-4905 May 17, 2000 Mr. Joseph Weith City of South B gto Tanning and Zoning 575 Dorset S t South Burl' won, VT 05403 oe; As you know, I picked up a copy of the Subdivision Application - SKETCH PLAN submitted by Faucet Builders and Lance Llewellyn for the property at 1397 Spear Street, and stamped by your office on April 25, 2000. I've looked over that application rather thoroughly, and am amazed by the number of errors and omissions. in light of the fact that a hearing has been proposed for June 6, 2000, I think it absolutely necessary that your office and the Development Review Board be provided the full and accurate facts as soon as possible. It would be a waste of everyone's time if the application were not corrected prior to the hearing. As you well know, item 2 of the application form calls for a recitation of the "Purpose, location, and nature of subdivision or development, including number of lots, units or parcels and proposed uses(s)". The applicant submitted: "Subdivide an existing parcel on the west side of Spear Street into two lots of 0.8 acres and 1.6 acres." Someone has handwritten on the application in this area: "1397 Spear Street". I've met with Lance Llewellyn, at his invitation, three times to discuss this project. At two of the meetings Lee Faucett was present, and at one of those time Bill Gilbert was also present. At every meeting Lance stated that the purpose of the project is to subdivide the property owned by Michael and Melissa Lojek into two lots in order to build a new home on the front lot and a number, likely three, rental units on the back (westerly) lot. The omission of the required information on the number of units and proposed use(s) on the application is significant and substantial. Item 5) of the application call for a recitation of the "Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc." The applicant has submitted: "None." This is incorrect. The Lojek parcel is subject to a restriction only allowing the construction of one single- family dwelling on the property. In meetings with Lance and Lee they both acknowledge that they knew some covenants in the deed. The statement on the application, "None", is just plain wrong. Item 6) of the application calls for a recitation of "Proposed extension, relocation, modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc." The applicant has submitted: "None." This is a curious response in that Lance is engaged by the City to design a sanitary sewer to serve this and other lots, and in meetings with me he said that the design would be substantially changed to serve this proposed subdivision. In addition, both Lance and Lee told us of their plan to access the proposed westerly lot by establishing a curb cut on Cedar Glen Drive, a modification to an existing city street. Still further, Lance and Lee told us of their intent to substantially alter the topography of the lots by filling on the easterly lot and cutting on the proposed westerly lot. One only needs look at the topography of the Lojek lot and our lot to realize that the cuts and fills would necessitate significant storm drainage alterations, Item 7) of the application requires the applicant to "Submit five copies and one reduced copy ... of a Sketch Plan showing the following information:" What then follows is an enumeration of a) through k) items. Item d) calls for: Boundaries and area of all contiguous land belonging to owner of record, and the proposed subdivision." Item e) calls for: Existing and proposed layout of property lines; type and location of existing and proposed restriction on land, such as easements and covenants." Item i.) calls for: "Location of existing septic systems and wells." The applicant has submitted a drawing called FAUCETT SUBDIVISION SKETCH PLAN, undated and prepared by LLEWELLYN - HOWLEY INCORPORATED. There is a note 6. on the SKETCH PLAN which says: "PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTITLED "BOUNDARY INFORMATION - PARCEL C CLUSTER AND ACCESS, ADCOM, INC." BY ENGINEERS INCORPORATED OF VERMONT, 6/5/74. The SKETCH PLAN does appear to depict the boundaries of the Lojek and the Cimonetti properties with one very significant exception; the southern boundary of the Lojek property is shown to follow the curve of the City -owned right of way rather than running straight as described in the deed. This distortion implies that the property has frontage on Cedar Glen Drive, a necessity in order to consider a sub- division for development on the back lot. In our meetings Lance told us that the Lojek lot, perhaps, has at most a point of tangency with the City's right of way, but the SKETCH PLAN suggests quite a different boundary. The genesis of the SKETCH PLAN, as explained to me by Lance, is that in performing on his contract to design the sanitary sewer he took the City's "tax map" and added topographical information. The "tax map" shows the south boundary of the Lojek property to be a straight line, presumably on or very near the depicted fence line. In turning the "tax map" into the SKETCH PLAN the boundary depiction was altered, perhaps to represent some information derived from "Note 6." For whatever reason, the subdivision application includes a SKETCH PLAN of dubious accuracy. The SKETCH PLAN is also deficient in that it does not show the "...location of existing and proposed restrictions on land, such as easements and covenants", item e), nor the existing septic systems` and well,(item i). These, too, are serious deficiencies. Nothing has been submitted in or with the application and SKETCH PLAN to even suggest that the purpose of the proposed sub -division is to create a multi -family project, but item k) of 8) on the application clearly requires that "all applicable information required for a site plan ... shall be submitted for subdivisions involving ...a ... multi -family project, ..." Joe, this application for sub -division has significant impact on the neighborhood. Since ours is the only contiguous lot, it is vital that I be able to properly inform others. It is my request to you that the City insist upon a revised, complete, and accurate application for sub -division. Please let me know when that is going to be made available. , Thank you very much. c cc: Mr. A. Lee Faucett of Faucet Builders, Inc. Mr. Lance Llewellyn of Llewellyn - Howley Incorporated Mr. John Dinklage, Chair South Burlington Development Review Board Mr. Charles Hafter, City Manager, City of South Burlington Mr. Chris Roy, Esq. William J. Cimonetti 1393 Spear Street South Burlington, VT 05403 802-863-4905 May 17, 2000 Mr. Joseph Weith City of South Burlington Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Dear Joe; As you know, I picked up a copy of the Subdivision Application - SKETCH PLAN submitted by Faucet Builders and Lance Llewellyn for the property at 1397 Spear Street, and stamped by your office on April 25, 2000. I've looked over that application rather thoroughly, and am amazed by the number of errors and omissions. In light of the fact that a hearing has been proposed for June 6, 2000, I think it absolutely necessary that your office and the Development Review Board be provided the full and accurate facts as soon as possible. It would be a waste of everyone's time if the application were not corrected prior to the hearing. As you well know, item 2 of the application form calls for a recitation of the "Purpose, location, and nature of subdivision or development, including number of lots, units or parcels and proposed uses(s)". The applicant submitted: "Subdivide an existing parcel on the west side of Spear Street into two lots of 0.8 acres and 1.6 acres." Someone has handwritten on the application in this area: "1397 Spear Street". I've met with Lance Llewellyn, at his invitation, three times to discuss this project. At two of the meetings Lee Faucett was present, and at one of those time Bill Gilbert was also present. At every meeting Lance stated that the purpose of the project is to subdivide the property owned by Michael and Melissa Lojek into two lots in order to build a new home on the front lot and a number, likely three, rental units on the back (westerly) lot. The omission of the required information on the number of units and proposed use(s) on the application is significant and substantial. Item 5) of the application call for a recitation of the "Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc." The applicant has submitted: "None." This is incorrect. The Lojek parcel is subject to a restriction only allowing the construction of one single- family dwelling on the property. In meetings with Lance and Lee they both acknowledge that they knew some covenants in the deed. The statement on the application, "None", is just plain wrong. Item 6) of the application calls for a recitation of "Proposed extension, relocation, modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc." The applicant has submitted: "None." This is a curious response in that Lance is engaged by the City to design a sanitary sewer to serve this and other lots, and in meetings with me he said that the design would be substantially changed to serve this proposed subdivision. In addition, both Lance and Lee told us of their plan to access the proposed westerly lot by establishing a curb cut on Cedar Glen Drive, a modification to an existing city street. Still further, Lance and Lee told us of their intent to substantially alter the topography of the lots by filling on the easterly lot and cutting on the proposed westerly lot. One only needs look at the topography of the Lojek lot and our lot to realize that the cuts and fills would necessitate significant storm drainage alterations. Item 7) of the application requires the applicant to "Submit five copies and one reduced copy ... of a Sketch Plan showing the following information:" What then follows is an enumeration of a) through k) items. Item d) calls for: Boundaries and area of all contiguous land belonging to owner of record, and the proposed subdivision." Item e) calls for: Existing and proposed layout of property lines; type and location of existing and proposed restriction on land, such as easements and covenants." Item i.) calls for: "Location of existing septic systems and wells." The applicant has submitted a drawing called FAUCETT SUBDIVISION SKETCH PLAN, undated and prepared by LLEWELLYN - HOWLEY INCORPORATED. There is a note 6. on the SKETCH PLAN which says: "PERIMETER PROPERTY LINE INFORMATION TAKEN FROM PLAN ENTITLED "BOUNDARY INFORMATION - PARCEL C CLUSTER AND ACCESS, ADCOM, INC" BY ENGINEERS INCORPORATED OF VERMONT, 6/5/74. The SKETCH PLAN does appear to depict the boundaries of the Lojek and the Cimonetti properties with one very significant exception; the southern boundary of the Lojek property is shown to follow the curve of the City -owned right of way rather than running straight as described in the deed. This distortion implies that the property has frontage on Cedar Glen Drive, a necessity in order to consider a sub- division for development on the back lot. In our meetings Lance told us that the Lojek lot, perhaps, has at most a point of tangency with the City's right of way, but the SKETCH PLAN suggests quite a different boundary. The genesis of the SKETCH PLAN, as explained to me by Lance, is that in performing on his contract to design the sanitary sewer he took the City's "tax map" and added topographical information. The "tax map" shows the south boundary of the Lojek property to be a straight line, presumably on or very near the depicted fence line. In turning the "tax map" into the SKETCH PLAN the boundary depiction was altered, perhaps to represent some information derived from "Note 6." For whatever reason, the subdivision application includes a SKETCH PLAN of dubious accuracy. The SKETCH PLAN is also deficient in that it does not show the "...location of existing and proposed restrictions on land, such as easements and covenants", item e), nor the existing septic systems and well,(item i). These, too, are serious deficiencies. Nothing has been submitted in or with the application and SKETCH PLAN to even suggest that the purpose of the proposed sub -division is to create a multi -family project, but item k) of 8) on the application clearly requires that "all applicable information required for a site plan ... shall be submitted for subdivisions involving ...a ... multi -family project, ..." Joe, this application for sub -division has significant impact on the neighborhood. Since ours is the only contiguous lot, it is vital that 1 be able to properly inform others. It is my request to you that the City insist upon a revised, complete, and accurate application for sub -division. Please let me know when that is going to be made available. Thank you very much. cc: Mr. A. Lee Faucett of Faucet Builders, Inc. Mr. Lance Llewellyn of Llewellyn - Howley Incorporated Mr. John Dinklage, Chair South Burlington Development Review Board Mr. Charles Hafter, City Manager, City of South Burlington Mr. Chris Roy, Esq. DOWNS RACHLIN & MARTIN PLLC A T T U R N E Y S A T L r1 W COURTHOUSE PLAZA • 199 MAIN STREET • PO Box 190 • BURLINGTON • VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy croy@drm.com May 10, 2000 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED John Dinklage, Chair South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 Re: Sketch Plan Review for 1397 Spear Street (Faucet Builders, Inca Dear Mr. Dinklage: I am writing to you on behalf of my clients, Bill Gilbert and Bill Cimonetti. It is my clients' understanding that Faucet Builders, Inc. is scheduled for sketch plan review before the South Burlington Development Review Board on June 6, 2000. The sketch plan relates to a parcel of land on the western side of Spear Street known as 1397 Spear Street. Michael and Melissa Lojek are the record owners of the parcel. My clients asked me to explore whether any deed restrictions prevented development of multi -unit housing on the Lojek property. Upon review of the pertinent deeds, I have concluded that the Lojek parcel is subject to a restriction only allowing the construction of one, single-family dwelling house on the property. As a consequence, multi -unit housing such as that proposed by Mr. Faucett is prohibited under the terms of the deeds conveying that property over time. I have provided this information to you to assist the Development Review Board in its efforts to evaluate the advisability of Mr. Faucett's proposed development. If you have any questions whatsoever, please do not hesitate to get in touch. Very truly yours, ca 0 Christopher D. tR ST. JOHNSBURY VT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 DO WNs RACIILIN & MARTIN I'LLC John Dinklage, Chair May 10, 2000 Page 2 bcc: William A. Gilbert, Esq. (via first class mail) Mr. William J. Cimonetti (via first class mail) BTV/# 160561 v 1 DowNS RACHLIN & MARTIN PLLC A T T U R N E Y s A "r L A W COURTHOUSE PLAZA • 199 MAIN STREET • PO BOX 190 • BURLINGTON • VERMONT 05402 0190 +1 802 863 2375 • FAX +1 802 862 7512 Christopher D. Roy croy@drm.com May 10, 2000 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. A. Lee Faucett Faucet Builders, Inc. 32 Beacon Street South Burlington, VT 05403 Re: 1397 Spear Street (Lojek Property) Dear Mr. Faucett: I have been retained by Bill Gilbert and Bill Cimonetti to explore whether there are any deed restrictions limiting development on the above -referenced property, which is currently owned by Michael and Melissa Lojek. Mr. Gilbert resides at 1400 Spear Street, and Mr. Cimonetti resides at 1393 Spear Street. It is my clients' understanding that you have entered into a purchase and sale agreement with the Lojeks, and that you are pursuing potential development of multi -unit housing on the western portion of the parcel. By way of this letter, I am informing you on behalf of my clients that they are prepared to enforce a restrictive covenant prohibiting construction of multi -family dwellings on the Lojek property. As you may know, several lots on the eastern and western side of Spear Street in the vicinity of the Lojek property were created and conveyed in the 1940s, 1950s and 1960s as part of a development known as "Sunset Acres." Included in the various "Sunset Acres" deeds were a series of numbered restrictions and covenants. The deeds creating the Cimonetti parcel (Book 25, Page 418) and the Lojek parcel (Book 30, Page 445), however, were unique in that they also include two unnumbered covenants separate and distinct from the discrete set of numbered covenants. Therefore, while the numbered covenants appearing in various "Sunset Acres" deeds expired by their own terms as of January 1, 1999, the two unnumbered covenants uniquely referenced in the original deeds creating the Lojek and Cimonetti parcels did not expire at that time. One of these two restrictive covenants is a limitation allowing the construction of only one, single-family dwelling house on each lot. As a consequence, my clients will oppose any effort on your part to pursue construction of multi -unit housing on any portion of the Lojek parcel, and will take whatever steps are necessary to enforce the restrictive covenant prohibiting such development. ST. JOIINSBURY VT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 DOWNS R1CHI,1N 8; MARTIN 1'LLC Mr. A. Lee Faucett May 10, 2000 Page 2 If you have any questions, please do not hesitate to get in touch. Very truly yours, cu�o � Christopher D. cc: Dr. Michael Lojek (via certified mail, return receipt requested) DOWNS RACHIAN & MARTIN N I,C Mr. A. Lee Faucett May 10, 2000 Page 3 bcc: William A. Gilbert, Esq. (via first class mail) Mr. William I Cimonetti (via first class mail) BTV/# 160555 v l OWNS RACHLIN &MARTIN PLLC � A T T O R N E Y s AT LAW COURTHOUSE PLAZA • 199 MAIN STREET • PO BOX 190 • BURLINGTON •VERMONT 05402 0190 +1 802 863 2375 • FAX+1 802 862 7512 Christopher D. Roy croy@drm.com May 10, 2000 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED John Dinklage, Chair South Burlington Development Review Board 575 Dorset Street South Burlington, VT 05403 Re: Sketch Plan Review for 1397 Spear Street (Faucet Builders, Inc.) Dear Mr. Dinklage: MAY 1 1 2000, 1 So. Burlington I am writing to you on behalf of my clients, Bill Gilbert and Bill Cimonetti. It is my clients' understanding that Faucet Builders, Inc. is scheduled for sketch plan review before the South Burlington Development Review Board on June 6, 2000. The sketch plan relates to a parcel of land on the western side of Spear Street known as 1397 Spear Street. Michael and Melissa Lojek are the record owners of the parcel. My clients asked me to explore whether any deed restrictions prevented development of multi -unit housing on the Lojek property. Upon review of the pertinent deeds, I have concluded that the Lojek parcel is subject to a restriction only allowing the construction of one, single-family dwelling house on the property. As a consequence, multi -unit housing such as that proposed by Mr. Faucett is prohibited under the terms of the deeds conveying that property over time. I have provided this information to you to assist the Development Review Board in its efforts to evaluate the advisability of Mr. Faucett's proposed development. If you have any questions whatsoever, please do not hesitate to get in touch. Very truly yours, U_I0 Christopher D. R ST. JOHNSBURY VT BRATTLEBORO VT LITTLETON NH +1 802 748 8324 +1 802 258 3070 +1 603 444 0216 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May 10, 2000 Lance Llewellyn Llewellyn — Howley, Inc. 4049 Williston Road South Burlington, VT 05403 Re: Lojek — Sketch Plan — 2 Lot Subdivision —1397 Spear Street Dear Mr. Llewellyn: Please find enclosed preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on June 6, 2000. If you wish to respond to these comments or submit additional information, please do so no later than May 26, 2000. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, �ar MacCallum Planning & Zoning Assistant Enclosure To: Applicants From: Sarah MacCallum, City of South Burlington RE: Project Staff Notes Date: May 8, 2000 Previous Action: None. Overview: This project consists of subdividing a 2.4acre lot into: 1) a 1.6 acre lot hereafter referred to as Lot #1, and 2) a 0.8 acre lot hereafter referred to as Lot #2. This property is located within the Residential One and Residential Four Districts. Issues: The applicant should note if public utilities will need to be extended to serve the two new lots. This will determine whether this application is a minor or major subdivision. If private septic or -wells are to be provided, then the applicant should illustrate these features on the final plat. The applicant should illustrate the existing and proposed building footprints on the final plat application. The applicant should specific move the property line separating the proposed lot one and lot two to match that of the zoning boundary line Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the sketch plan application. ff the applicant wishes to submit additional information or a written response to these comments, this should be done by May 26, 2000. Recommendation: Staff recommends that this application be authorized to proceed for sketch consideration by the Development Review Board on June 6, 2000. Please be sure that someone is available to represent this application at this meeting. S p s�� I /�Jo 41'- 4711'1 2- T W,'4 lxtc 101, 40' -5 44 1397 Spear Street Sbur_parc991.shp Zn98.shp AIRPORT AIRPORT INDUSTRIAL ® CENTRAL DISTRICT 1 - CENTRAL DISTRICT 2 - CENTRAL DISTRICT 3 CENTRAL DISTRICT 4 - COMMERCIAL 1 COMMERCIAL 1 -AUTOMOBILE COMMERCIAL 2 CONSERVATION & OPEN SPACE INDUSTRIAL S OPEN SPACE 0 INSTITUTIONAL & AGRICULTURAL ® MIXED INDUSTRIAL & COMMERCIAL - MUNICIPAL PARK & RECREATION ® QUEEN CITY PARK RES 1 PLANNED UNIT DEV - RESIDENTIAL 1 RESIDENTIAL 2 RESIDENTIAL 4 ® RESIDENTIAL 7 SOUTHEAST QUADRANT _ Taxmap99a.shp Oldpermits.shp F_ Gradlistmap.shp 300 0 300 600 900 1200 1600 Feet .T_.. _.... %� C)C WR 2 5 2000. CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record: Michael and Melissa Lojek 2638 Alger SE Grand Rapids, MI 49506 b. Applicant: Faucett Builders, Inc. 39 Beacon Street, South Burlington, VT. C. Contact: Lance Llewellyn, Llewellyn -Howley Incorporated 4049 Williston Road South Burlington, VT 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Subdivide an existing parcel on the west side of Spear Street into two lots of 0.8 acres and 1.6 acres. i � C� � � c' 1 5-1. 3) Applicant's legal interest in the property (fee simple, option, etc.) Option 4) Names of owners of record of all contiguous properties See enclosed Site Plan 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. None 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. hN RTMI 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: NnnP 8) Submit five copies and one reduced copy (8 '/2 x 11, 8 'h x 14 or 11 x 17) of a Sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Name of owners of record of contiguous properties. c) Date, true north arrow and scale (numerical and graphic). d) Boundaries and area of all contiguous land belonging to owner of record, and the proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells j) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development. 2 (Signature) ap licant o contact person Date