HomeMy WebLinkAboutBATCH - Supplemental - 0041 0043 Central AvenuePROVENCHER, Mary
41-43 Central Avenue, Q.C.P.
Area zoned Q.C.P. District.
Section 18.00 Area, density and dimensional requirements. Minimum
lot 7,500 square feet, minimum frontage 80 feet, maximum coverage
20%.
Proposed subdivision sets off two lots, #1 contains 1497 square
feet with 25 feet of frontage. #2 contains -35-56 square feet with
81 feet frontage, plus a third parcel of approximately 700 square
feet. �7 7 �;' � f'
Minimum coverage on lot #1 if approved 39%, allowed 20%.
Variance to lot size granted 4/22/91, final subdivision not
requested, variance expired.
PROVENCHER, Mary
43 Central Avenue, Q.C.P.
Area zoned Q.C.P. District.
Section 18.00 Dimensional requirements. Minimum side yard 5
feet, rear yard 10 feet.
Section 24.50 Non -complying structures sub section 24.502.
Section 19.05 and 24.503 applies.
Proposed removal of 6' x 15' deck, construct 4' x 15' addition to
within 9.6 feet of rear yard and 3.8 feet of side yard (souther-
ly). Existing setback 7.6 feet rear and 3.8 feet side.
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STATE OF VERMONT
COUNTY OF CHITTENDEN
CITY OF SOUTH BURLINGTON
DECISION & FINDING OF FACT
On the 13th of August, 1990 the South Burlington Zoning Board of
Adjustment heard evidence regarding the appeal of Mary Provench-
er, 43 Central Avenue, Q.C.P based on the following facts and
findings:
1) Proposed addition improves the rear yard setback.
2) Complies with the intent and purpose of the new amendments to
the Q.C.P. District by laws.
3) Does not alter the general character of the neighborhood.
4) Addition will provide needed living space and utilize better
energy resources.
Based upon the above stated facts and findings the appellant's
request for a conditional use is hereby approved.
Chairman
of the
South Burlington Zoning Board of Adjustment
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
PLANNER
658-7955
July 30, 1990
Ms. Mary Provencher
45 Central Avenue, Q.C.P.
South Burlington, Vermont 05403
Re: Zoning appeal
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Offices, Conference Room,
575 Dorset Street on Monday, August 13, 1990 at 7:00 P.M. to
consider your zoning application.
Please plan to attend this hearing.
Very truly,
Ila
Richard"Ward,
Zoning Administrative Officer
Encls
RW/mcp
Official Use
r
City of South Burlington
Application to Board of Adjustment
DateZZ// /`'
Applicant Ky-'R_ rd J NC �'���0'JJe_'/2_
Owner, leasee, agent
APPLICATION #
HEARING DATE
FILING DATE
FEE AMOUNT
Address 3 CC- 07 1ZYIj fL<_ Telephone #
Landowner Address V:? lr_.� �7Z/�-�
Location and description of property 5�oi �r f ; - L ��/�fY% `�'[ Ael'd
Z/ i A,✓.�
Type of application check one ( 1) appeal from decision of Administrative
Officer( )request for a conditional use ( 6,,� ) 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 appeal
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 the hearing.
Provisions of zoning ordinance in question
Reason for appeal
I' l r_- ,, f A" ' L-'7E
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and
any other additional information which will serve as support evidence to the
Board.
Hearing Date Sig ature of Appellant
Do not write below this line
-----------------------------------------------------------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter ll7,
Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold
a public hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
at
Month and Date
Appeal of-}f.'r'
Day of Week
to consider the following:
Time
j
seeking afA j- from Section c��%�'
of the South Burlington Regulations. Request is for permission to,,:u_'y :-�-".,..
-t i t f s' i V� i ti� [s1 "! �f- 6! i !� F' I r n/Ct
,J
41
--q pr-
NOTICE OF CONDITIONS OF
SUBDIVISION APPROVAL
WHEREAS, Mary M. Provencher (hereinafter "Owner") is
the owner of those lands and premises commonly known and
designated as No. 41 and No. 43 Central Avenue located in
the City of South Burlington, Vermont, and being more
particularly described in a Warranty Deed of Thomas L.
Nelson, III to the said Mary M. Provencher, dated April 3,
1989, and recorded in Volume 277 at Pages 195-197 of the
Land Records of the City of South Burlington (hereinafter
"Property"); and
WHEREAS, on December 14, 1993, Owner obtained approval
from the South Burlington Planning Commission to subdivide
said Property into two (2) lots as depicted on a plat
entitled "Plat of Survey, 2 Lot Sub -Division, Mary M.
Provencher, Prop. No. 41-43 Central Ave., Queen City Park
North, So. Burlington, Vermont," prepared by Warren A.
Robenstien, dated June 1972, with a last revision date of
January 19, 1994; and to be recorded in Map Book at
Page of said Land Records; and
WHEREAS, the Planning Commission's approval imposes
certain conditions on the subject property.
NOW THEREFORE, Owner hereby gives notice that the
Property is subject to the following conditions and
restrictions which shall run with and be binding upon the
McNEHH.,
EE DDY &
SHEAHAN
ISMJNGTON, VFRMONT 05401
land unless or until modified or removed by the South
Burlington Planning Commission or its successor:
1. The Property shall be subdivided in accordance
with the terms and conditions of the approval of the South
Burlington Planning Commission on December 14, 1993.
2. As set forth in said Plat of Survey, the new
property line between 41 Central Avenue and 43 Central
Avenue will run in an east --west direction and result in a
zero lot line set back for the southerly side of the house
at 41 Central Avenue.
3. Before any part of the Property is conveyed, Owner
shall include in any deed conveying the Property, any
portion thereof, or an interest in the Property appropriate
language reserving unto herself, her heirs and assigns an
easement which would allow access to the house located on 41
Central Avenue on the southerly side for maintenance,
repairs, improvements and other purposes.
4. This Notice of Conditions of Subdivision Approval
shall be recorded in the City of South Burlington Land
Records and shall be referred to in any deed conveying the
Property, any portion thereof, or an interest in the
Property.
5. This Notice of Conditions of Subdivision Approval
shall be binding upon the Owner and the Owner's heirs and
assigns.
McNEIY.,
LEDDY &
SHEAHAN
N
BURI.NGMN. VFRMONI QWI
0
IN WITNESS WHEREOF, Mary M. Provencher hereunto sets
her hand and seal this $ day of March, 1994.
IN PRESENCE OF:
s
&, e��
-
Witness
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
Mary M. Pro encher
At Burlington on this , day of March, 1994,
personally appeared Mary M. Provencher, and she acknowledged
this instrument by her signed and sealed to be her free act
and deed.
JTL/nap
red#2provencher.sub
19'i[eN EXL,
L]E DDT' &
SHEAHAN
BURLINGTON, VERMONTI' 05401
Before e, e
G;,
ary Publ'
Commission Exp' es: 2/10/95
LAW OFFICES
A PRUFIUSLC CAL. C0RPC-gA't1')t4
JOSEPH C. * NE!L (:9t9- 19781
IOSEPH P wNEIL
)OHN 'f L2UUY
NANCY G;O: S SrI! AHAN
WILLIAM P. ELLIS
SUSAN H. COMPTON'
SUSAN UL!'ILLAN
JOHN L, PRANCO, Jr,
;'&LV�)AD 171CC11NYY)
Steven F. StitZel, Esq.
Stitzel & Page
171 Battery Street
Burlington, VT 05401-5210
March 8, 1994
:7 i r' CLlh UN!00 STREET
aLIQLINGTOtn, *7EkM0?;T 0=d,,:
Re: Mary Provencher Subdivision
No. 41 and No. 43 Central Ave., So. Burlington
Dear Steve:
1t LPHONt
(80,1) 363-1531
7tLECC.NPItR
(8J:) 85-1743
I enclose herewith for your review and approval the Notice
of Conditions of Subdivision Approval, dated 14iarch 8, 1994,
executed by my client.
The original has been filed ;with Ray Belair at the South
Burlington Planning Department. Ray will rec*rd the document
with the final plat upon your approval.. The final plat must be
recorded by March 14.
Please let me know if the enclosed is acceptable. Thank
you.
Very truly yours,
h 4Leddy
JTL/nap
Enclosure
cc: Ray Belair, South Burlington Planning Department
recWleor052.re
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
January 13, 1994
Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the Findings of Fact and Decision on
the above referenced project approved by the Planning Commission on
December 14, 1993. Please note the conditions of approval
including the requirement that a final plat plan be recorded within
90 days of approval.
If you have any questions, please give me a call.
S ere y,
1
Jo Weith,
.City Planner
1 Encl
JW/mcp
PLANNER
658-7955
Mary Provencher
43 Central Avenue
South Burlington,
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
Vermont 05403
January 11, 1994
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the December 14, 1993 Planning
Commission meeting minutes. Please note the conditions of approval
including the requirement that the final plat plan be recorded in
the land records within 90 days of approval.
If you have any questions,
1 Encl
JW/mcp
please give me a call.
i cer y
Jo Weith,
City Planner
PLANNING COMMISSION
14 DECEMBER 1993
page JL H
Mr. Craig noted the plan shows compact car spaces in 3 areas, and
such spaces are no longer allowable. Mr. Beldock said that's how
the original plan was approved. He felt the plan would still work
without them.
Mrs. Maher asked if the parking lot has been moved out of the CO
Zone. Mr. Beldock said it has.
Mr. Burgess said the applicant needs to demonstrate that trip ends
are within limits. He also noted that 4 floodlights have to be
removed. Mrs. Maher felt the landscaping for the theater must be
in place before this part of the project is built.
Mr. Weith said that the pcd requires 630 parking spaces, with 480
allowed because of the mix of uses. The restaurant competes with
the theater and hotel which is why the number has been increased to
504. It doesn't appear the applicant can meet this when the
compact car spaces are removed. The applicant also shifted parking
closer to Fayette Drive, reducing a required green strip to 2 or 3
ft. Mr. Weith noted the Commission had reduced front yard coverage
but wanted a significant green strip.
Mr. Austin noted the edge of the building is very close to the
Fayette drive right of way.
Mr. Beldock said they will get the required number of parking
spaces.
Mr. Burgess stressed that the Commission won't be "nibbled to
death" on this application. He noted that many concessions had
been made in the original approval.
Mr. Sheahan rejoined the Commission.
5. PUBLIC HEARING: Final Plat application of Mary Provencher for
subdivision of approximately 6135 sq. ft. bf land containing 2
single family dwellings into two lots of approximately 1845 and
4290 sq. ft., 41 and 43 Central Avenue:
Ms. Provencher said the lots have always been deeded together but
are separate, they have separate water, sewer, etc. Nothing will
change except that there will be separate tax bills. There will be
a 5 ft. easement between the properties. The "well lot" will be
joined with one of the lots. Mr Weith said the plan has to be re-
vised to show removal of a line to the "well lot."
Mr. Burgess noted the applicant has just purchased the adjacent
lot. Mr. Weith said the City Attorney said this can't be merged
because it has always functioned as a separate lot and has a house
on it.
PLANNING COMMISSION
14 DECEMBER 1993
page 5
Mr. Austin moved the Planning Commission approve the final plat
application of Mary Provencher for subdivision of approximately
6,135 sq. ft. of land containing two single family dwellings into
two lots of approximately 1.845 sq. ft. and 4,290 sa. ft., 41 and
43 Central Avenue as depicted on a plat entitled "Plat of Survey.
2 Lot Subdivision, Mary M. Provencher. Prop. No. 41-43 Central
Avenue, Oueen City Park North, South Burlington, Vermont," pre-
pared by Warren A. Robenstein, dated June, 1972 with a last
revision date of 9/25/93, with the following stipulations:
1. All previous approvals and stipulations which are not super-
seded by this approval shall remain in effect.
2. The applicant shall submit the legal document for the access
easement for review and approval by the City Attorney. This doc-
ument shall be recorded in the land records, prior to or at the
same time the final plat is recorded.
3. The plat shall be revised to show the "well lot" as part of the
lot_ at_41 Central Avenue. Three copies of the revised final plat
shall be submitted to the City Planner prior to recording the final
Plat.
4. The applicant shall record the final plat in the South Burling-
ton land records within 90 days or this approval is null and void.
The Planning Commission Chair or Clerk shall sign the plat Rrior to
recording.
Mrs. Maher seconded. Motion passed unanimously.
6. Site plan application of One Twin Oaks Associates for conversion
of 600 sq. ft. of office space to day care use, 200 Twin Oaks
Terrace:
Mr. Thibault said the condo association has agreed to everything in
principle and a letter is expected from them to this effect. The
space in question is presently general office use. Grandville
Condos are allowing use of the land for a play area. There will be
a 4 ft. picket fence across the back line and wire fencing back
into the trees. No trees will be cut down. The facility will ac-
commodate 12 children.
Mr. Burgess noted the fencing is not shown on the plan. Mr.
Thibault said it is required by the State.
Mr. Austin moved the Planning Commission approve the site plan ap-
plication of One Twin Oaks Associates for conversion of 600 sq. ft.
of office space to day care use, 200 Twin Oaks Terrace, as depicted
on a two page set of plans, page one entitled "One Twin Oaks, South
Burlington, Vermont, Site Plan" prepared by Fitzpatrick -Llewellyn,
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12/14/93
MOTION OF APPROVAL
PROVENCHER
I move the South Burlington Planning Commission approve the final
plat application of Mary Provencher for subdivision of
approximately 6,135 square feet of land containing two (2) single-
family dwellings into two (2) lots of approximately 1,845 square
feet and 4,290 square feet, 41 and 43 Central Avenue, as depicted
on a plat entitled "Plat of Survey, 2 Lot Sub -Division, Mary M.
Provencher, Prop. No. 41-43 Central Avenue, Queen City Park North,
South Burlington, Vermont", prepared by Warren A. Robenstein, dated
June, 1972 with a last revision date of 9/25/93, with the following
stipulations:
1. All previous approvals and stipulations which are not
superseded by this approval shall remain in effect.
2. The applicant shall submit the legal document for the access
easement for review and approval by the City Attorney. This
document shall be recorded in the land records, prior to or at the
same time the final plat is recorded.
3. The plat shall be revised to show the "well lot" as part of the
lot at 41 Central Avenue. Three (3) copies of the revised final
plat shall be submitted to the City Planner prior to recording the
final plat.
4. The applicant shall record the final plat in the South
Burlington land records within 90 days or this approval is null and
void. The Planning Commission Chair or Clerk shall sign the plat
prior to recording.
M E M O R A N D U M
To: South Burlington Planning Commission
From: Joe Weith, City Planner
Re: December 14, 1993 agenda items
Date: December 10, 1993
2) JOLLEY ASSOCIATES - ADDITION - SITE PLAN
This project was continued from the 11/23/93 meeting to give staff
time to prepare a motion of denial (see enclosed motion and staff
notes from the last meeting).
3) CONNIE WEEMS/THOMAS TAVARES - BOUNDARY LINE ADJUSTMENT - FINAL
PLAT
This project consists of a boundary line adjustment between a
21,500 square foot lot and an 11,241 square foot lot to create a
14,000 square foot lot and an 18,741 square foot lot. Both lots
are developed with single family dwellings. Sketch plan was
reviewed on 9/28/93 (minutes enclosed).
These properties are located at 76 and 80 Shunpike Road and lie
within the R4 District. They are bounded on the north by
residences, on the east by undeveloped industrial/commercial lots,
on the south by a residence and on the west by Shunpike Road.
Access: Access to both lots will not change.
Lot size: Both lots will continue to meet the minimum lot size of
9,500 square feet (0.22 acres). Lot frontages for both lots will
remain unchanged. Neither lot meets the minimum frontage
requirement of 80 feet. Both lots could be developed with two-
family dwellings.
4) MARY PROVENCHER - 2 LOT SUBDIVISION - FINAL PLAT
This project consists of the subdivision of a lot with
approximately 6,135 square feet into a 1,845 square foot lot and a
4,290 square foot lot. The existing lot is presently developed
with two (2) single-family dwellings. The purpose of the
subdivision is to create a lot for each dwelling for future sale.
Neither lot will meet the minimum area and dimension requirements
Memorandum - Planning
ecember 14, 1993 agenda items
December 10, 1993
Page 2
for the Queen City Park District. Variances for these lots were
granted by the Zoning Board of Adjustment on May 4, 1993. The
Zoning Board attached the following stipulation: "That if
satisfactory parking can't be reconciled to the satisfaction of the
Planning Commission, that this variance if granted be null and
void". This sketch plan was reviewed by the Planning Commission on
6/22/93 (minutes enclosed).
This property is located at 41-43 Central Avenue and is in the
Queen City Park District. This property is bounded on north, south
and west by single-family homes and on the east by Central Avenue.
Access: The property has two (2) existing curb cuts off from
Central Avenue, one for each of the homes. There are no changes
proposed to these access points.
Coverage/setbacks: The southerly lot at 43 Central Avenue will
exceed building coverage by approximately 19% (maximum allowed is
20%). Overall coverage will also be exceeded by an undetermined
amount (maximum allowed is 40%). The Zoning Board granted
variances to exceed these coverage limitations.
The new property lines to be created will run in an east -west
direction and result in a zero lot line situation for the southerly
side of the home at 41 Central Avenue. An easement is proposed
which would allow access to the house on the southerly side for
maintenance, etc. The Zoning Board granted a variance for the zero
lot line configuration. The applicant should submit the legal
document for the access easement for review and approval by the
City Attorney prior to recording.
Other: The plan needs to be revised to show the "well" lot as part
of the lot at 41 Central Avenue since it is nonconforming and is
automatically merged with this lot.
5) ONE TWIN OAKS ASSOCIATES - DAY CARE - SITE PLAN
This project consists of converting 600 square feet of office space
to a day care facility for a maximum of 12 children. The applicant
was granted a conditional use permit for this use by the Zoning
Board of Adjustment on 11/8/93.
2
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
December 10, 1993
Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Comments from
City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent
to you at an earlier date. Please be sure someone is present on
Tuesday, December 14, 1993 at 7:30 P.M. to represent your request.
If you have any questions, please give me a call.
Sincerely,
ie e - ��et,
Joe Weith, Irm
City Planner
Encls
JW/mcp
PLANNING COMMISSION 22 JUNE 1993
The South Burlington Planning Commission held a meeting on
Tuesday, 22 June 1993, at 7:30 pm, in the Conference Room, City
Hall, 575 Dorset St.
Members Present:
William Burgess, Chairman; Terry Sheahan, William Craig, Mac
Teeson, David Austin
Also Present:
Joe Weith, City Planner; Sid Poger, The Other Paper; Mary Pro-
vencher, Mrs. L.R.Brooks, Candace L. Smith, Billie Griggs, Jen-
nifer Kochman, Tom O'Brien, Al & Rita Reyes, David Marshall, Fred
Tibali, Dennis Webster, Chris Berg, James Lamphere, Ralph
Goodrich, Jim Truax, Tony Cairns, Tom Heilman, Jane Quilliam,
Gordon Woods, Jim Carroll, Peter Judge, Doug Adams, Alan
Marcelino
1. Other Business:
a. Mr. Weith noted that item #8 on the agenda has withdrawn and
will reapply as a warehouse use and try to get a varaiance from
the Zoning Board.
b. Mr. Burgess noted that under the recently adopted By -Laws, all
people giving testimony before the Commission will be sworn in by,
the Clerk.
2. Minutes of 25 May 1993:
Mr. Sheahan moved the Minutes of 25 May be approved as written.
Mr. Craig seconded. Motion passed 4-0 with Mr. Austin abstaining.
3. The Clerk then administered the Oath to all giving testimony.
4. Sketch plan application of Mary Provencher to subdivide 5122
sq. ft. of land into 2 lots of 1845 sq. ft. and 3277 sq. ft., 41
and 43 Central Avenue:
Mrs. Provencher said the property is in Queen City Park. The two
parcels were deeded together, but utilities and parking are sep-
arate. A variance has been gotten from the Zoning Board. Mrs.
Provencher noted they also own the well lot in the back. There
will be a 5 foot easement for work being done on the house.
Nothing else will change, there will just be 2 deeds.
Mr. Burgess noted the Planning Commission had established a sep-
arate zone for Queen City Park and made almost everything
conforming. This lot was an exception. Mr. Burgess asked if
�.✓ under law this is not one parcel. Mr. Weith said it was. Mrs.
Provencher said they will have to have the property resurveyed
PLANNING COMMISSION
l` 22 JUNE 1993
page 2
and the "well lot" will be merged with one of the other lots.
i
54 Final Plat application of David Farrell & Stuart McConaughy,
Trustees, Thomas Farrell, Donor; Farrell Corporation; and David
Farrell, for a planned commercial development consisting of a new
bank building with drive -through service, existing car wash, ex-
isting office building, existing restaurant/bar building, and
leased parking for the adjoining Ben Franklin business, Shelburne
Road:
Mr. Webster located the various properties on the lot. The bank
will be relocated, and to do that O'Dell Parkway will be formal-
ized as a city street. Abutters at the end of the street have
agreed to an irrevocable offer of dedication if and when the city
wants to open the road all the way through.
There is a point of access so people heading south from the gas
station can bet out at a signalized intersection. Mr. Webster
then reviewed the curb cuts off O'dell Parkway. All parking at
Bambino's will be formalized. The shared parking agreement with
the Factory Outlet Mall expires in a few years and those spots
will be rebuilt behind Bambino's in an area shown as "future
parking."
The entire area will,be relighted with cut-off fixtures so no
light spills off the property. This will also be true of the
building lighting on Bambino's.
An existing 8 ft. stockade fence will be moved back. Willow
trees will be planted in a wet area and a 3 ft. high berm will be
created with a staggered row of white cedars on top of it. This
is in addition to the existing cedar hedge which will be
completed. A neighbor asked if the berm can be higher than 3 ft.
as it will discourage 'trepassing and keep noise out of the res-
idential neighborhood. Another resident asked about drainage and
felt the ditch may need to be deeper so there can be run-off.
Mr. Lamphere said the area will be regraded to get to the pipe.
Mr. Webster said the Ben Franklin people are still not happy with
parking proposals and have suggested a modification which is not
on the plan. Mr. Burgess said if the City Planner is not com-
fortable with the time he has had to review this change, the Com-
mission will not act tonight. Mr. Webster then explained the
changes. The proposal is to get as many spaces as conveniently
located as possible on the west side of the store, so instead of
perpendicular parking on the south side there will be two rows
of 45 degree angled parking. This provides an additional 4
spaces.
Mr. Craig said he was bothered that the island was removed and
asphaltic-4sblstos
material found;on be pro-
ject.
Plans and hl Propo-
sals may seen and
obtained at he Alen.
ey of Tran rlatlonr
Montpelier, and may
be seen at t e o?Ice of
A.E. R mick,
Dummerston, Istrict #2;
T.B. Tetreaul White Riv-
er Jct., Dlst t #4; J.E.
Wood, Colch ter, District
#5; J.E.R. L dry, Berlin,
District #6; N. Achilles,
St. Johnsbu District #7;
J.A. Bushey, St. Albans,
District #8 a J.A. Bea -
sett, Derby, tract 9.
Minimum we rates pre-
determined the Secre-
tary of l a r for the
project are t out in the
advertised cifications
and bid pr sals, and
such rates e e part of
the Contra covering the
project In a rdance with
Section 115 f the Feder-
al-Ald HIg ay Act of
1956. This Contract is
subject to t Work Hours
Act of 1 , PL 87-581,
and imp
nting regule-
bons. Co actors must
perform th work under
the Fair Is or Standards
Act (Fade I Wage -Hour
Law) as w I as all other
applicable labor laws.
Minimum I r and truck
rates have n predeter-
mined by t State Trans-
portation rd and are
set out in a Bid Propo-
sal. Cont ctors bidding
on this p Jact must be
qualified accordance
with on Regulations.
The Ve nt Agency of
Transport n hereby no-
tiflsa all b tiers that It will
affirrnativ, y Insure that In
any contr ct entered Into
pursuant this advertise-
ment, mi ority business
enterprise will be af-
forded fu opportunity to
submit ' s In response
to this In Itation and will
not be discriminated
against the grounds of
race, col r, religion, sex,
or natbn#I origin In con-
aideration for an award.
The right; is reserved to
reject any or all bids, to
waive any formality and
any and all technicalities
in bids and to accept such
bid as may be deemed in
the best interest of the
awarding agency.
Montpelier, Vermont
November 27, December
4, 1993
CITY OF BURLINGTON
REGUSST FOR
PROPOSAL
The City of Burlington Is
seeking proposals for a
postage meter and
stem machine for use
In the Hall. For infor-
mation, contact Marryy
Brenner, Treasurer'a CN-
fice, City Hall -Room 22,
city of Burlington. Ver-
mont 05401. 11024101W
7019. AU bids must be
received by 1:00 p.m. on
Cs 0mod Mete CoYaan
GET EVEN MORE
ATTENTION!
"P:.,
9:00 A.M.
Vermont Department of
Agriculture,
Food and Markets
Second Floor Conference
Room
116 State Street
Montpelier, Vermont
05620-2901
Written testimony will
be accepted anytime up
until December 23, 1993.
Vermont Department of
Agriculture,
')od and Markets
Animal & Dairy Industries
116 State Street
Drawer 20
Montpelier, Vermont
05620-2901
November 27, 1993
NOTICE OF TAX SALE
The resident and
nonresident owners, Ilan
holders and mortgagees
of lands In the Town of
Williston in the County of
Chittenden are hereby no-
tified that the taxes as-
sessed by such town for
the years 1992-1993 re-
main, either In whole or in
part, unpaid on the follow-
ing described lands In
such town, to wit,
Parcel 1t A let of land
with all buildings thereon,
situated on the southerly
side of Lampllte Lane
South, and having a front-
ayye and uniform width of
100 feet and a uniform
'depth of 200 feet. Being
all and the same land and
premises conveyed to
Bruce F. Chesseman and
Eleanor L Cheeseman by
Warranty Deed of David
A. Valentine and Mariann
Valentine, dated March
23, 1981 and recorded In
Volume 64 at page 353 of
the Williston Land Re-
cords.
Parcel 21 A lot of land
with dwelling house the-
ron located on the west
side of Brownell Road,
and havinga frontage
thereon of00 feet, more
or less, a backline of 128
feet, more or less, a
southllne of 313 feet,
more or less, and a north -
line of 312 feet, more or
fees. Being all and the
same land and premises
conveyed to Martin J.
Chicoine and Coleen B.
ChIcoins by Warranty
Deed of Paul W. Carlson
and Joyce A. Carlson,
dated May 31, 1989 and
recorded in Volume 88 at
paps 246 of the Williston
Land Records.
Parcel it A lot of land,
together with the dwelling
house and other im-
provements, comprising
of 2.01 acres, more or
less, located on the west-
erly side of South Brow-
nell Road. Being all and
the same land and prem-
lass conveyed to James
H. McMaster by Warranty
Dead of Martha A. Maayy
nand, dated May 27, 1967
and recorded in Vokmw
80 at page 304 of the
WiNston Land Records.
Parcel 4s A lot of land
containi ig 2.29 acres,
more or kiss. with any
and all buildings and Im-
provements thereon lo-
Collector of Town Taxes
November 13, 20, S 27,
1993
SOUTH SURUNGTOH
PLANNING
COMMISSION
The South Burlington
Planning Commission will
hold a public hearing at
the South Burlington City
Hall, Conference Room,
575 Dorset Street, South
Burlington, Vermont on
Tuesday, December 14,
1993 at 7:30 P.M. to con-
sider the following:
1) Final Plat applbatlon of
Ntety Provertcftar for sub-
division of approximately
6,135 square feet of land
containing two (2) sinamily dwellings into Cotw
(2) lots of approximately
1,845 and 4,990 square
feet, 41 and 43 Central
Avenue.
2) Revised final plat appli-
cation of Gregg Beldock
to amend an approved
planned commercial de-
velopment consisting of
150 residential units, a 61
room hotel, 20,000 square
foot movie theater (1000
seats), 22,000 square feet
of retail use, a 3,100
square foot fast-food res-
taurant with drive -
through, and a bank with
drive -through service. The
amendment consists of
replacing the 22,000
square fset of retail use
with 11,000 square feet of
indoor recreational/enter-
tainment use and 11,000
square feet of retail use,
Ld,M Park, Shelburne
Road.
Copies of the applications
are available for public
Inspection at the South
Burlington City Hall.
William Burgess
Chairman,
South Burlington Planning
Commission
November 27, 1993
SOUTH SURUNGTON
ZONING NOTICE
In accordance with the
South Burlington Zoning
Regulations and Chapter
117, Title 24, V.S.A. the
South Burlington Zoning
Board of Adjustment will
hold a public hearing at
the South Burlington Mu-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on Monday, De-
cember 13, 1993 at 7:00
P.M. to consider the fol-
lowing:
#1 Appeal of Arthur
Shlelds seeking approval
from Section 13.20 Condh
tonal uses, sub section
13.216 State hit municipal
facilities of the South Bur-
sngton Zoning Regula-
tions. Request Is for
permission to convert an
existing 6,000 square foot
building Into general office
area and associated inte-
rior ��rag� for the Chft-
tsnde�l' ' countyShertH's
ED� anent Allen located at 70
L2 Appeal of Clary
Bourn» seeking approval
from Section 19.65 Mul-
#4 Daniel 8 Leo O'Brien
seeking a variance from
Section 19.104 (b) front
yard landscaping require-
ments of the South Bur-
lington Zoning
Regufatlo ie. Request Is
for permission to reduce
existing front yard land-
scaping along Kennedy
Drive by six (6) percent
which is a result of the
proposed construction of
a second access drive
from 1855 Williston Road,
property is located at the
Intersection of Williston
Road and Kennedy Drive
d.b.a. Kennedy Drive Mo-
bil.
#5 Appeal of Philip Kiley
and Stephen Whittlesey
seeking apppproval from
Section 19.65 Multiple
uses and Section 1.20
Conditional uses of the
South Burlington Zoning
Regulations. Request Is
for permission to operate
a restaurant/lounge (ca-
pacity 20 seats) into con-
Junct on with an existing
retail use d.b.a. Burlington
Billarda, located at 358
Dorset Street.
Plans are on file with the
South Burlington Planning
and Zoning office, located
at City Hell, 575 Dorset
Street, South Burlington,
Vermont.
Richard Ward,
Zoning Administrative
Officer
November 27, 1993
STATE OF VERMONT
CHITTENDEN
COUNTY, 88.
VERMONT FAMILY
COURT
DOCKET NO. F210-3-
91 Cndmd
Kelly K. Stratton, Plaintiff
vs.
David M. Stratton, De-
fendant
SUMMONS AND ORDER
FOR PUBLICATION
To the above -named De-
fendant:
You are hereby sum-
moned and required to
serve upon Plaintiff's at-
torney, Paul D. Jarvis,
Esq., whose address is:
P.O. Box 902, Burlington,
VT 05402-0902. An an-
swer to plaintiff's com-
plaint in the above -entitled
action within 41 days after
the date of the first publl-
catkm of this summons,
which Is 11/20/93. If you
fall to do so, judgment by
default will be taken
against you for the relief
demanded in the corn -
plaint. Your answer must
also be filed with the
court. Unless the relief
demanded in the com-
plaint is for damage cov-
ered by ■ liability
insurance polity under
which the Insurer has the
right or obligation to con-
duct the defense, or un-
less otherwise prov
ided vided In
Rule 13(a), your answer
must state as a court
tarcWm any related claim
which you may have
against the plaintiff, or
You will thereafter be bar-
red from making such
claim in any other action.
Iication pursuant to
V. R. F. P. 4(b 2 A) and
V.R.C.P. (4d 1) and)
4(g). This order shall be
published once a week
for three consecutive
weeks on 11/20//93,
11 /27/93 and 12/4193 In
the Burlington Free Press,
a newspaper of general
circulation In Chittenden
County.
Dated at Burlington, Ver-
mont, this 18th day of
November, 1993.
Amy Davenport, Family
Court Judge
November 20, 27, Decem-
ber 4, 1993
STATE OF VERMONT
FAMILY COURT
Washington County
Docket No. S127-81 Wnd
Wendy Curran
VS.
Stephen Cram
SUMMONS AND
ORDER FOR
PUSUCATIONS
To the above named
Defendant:
You are hereby sum-
moned to defend an so-
tion brought In the Family
Court in Vermont, Wash-
Ington County and to-
quired to serve upon
Arthur C. Edershelm,
Esq., Plaintiff's counsel,
whose address Is Office
of Child Support, 103
South Main Street, Water-
burryy, Vermont 05671-
1901, an answer to Plain-
tiff's complaint the above -
entitled action within for-
ty-one (41) days after the
date of the first publica-
tion of this summons
which Is November 20,
1993. If you fall to do so,
Vgment by default will
taken against you for
the relief demanded In the
complaint. Your answer
must also be filed with the
Court to be held at Barre,
Washington County.
Plaintiff's action is a
Motion for Contempt.
Plaintiff seeks a monetary
Judgment In Its claim for
relief. A copy of the com-
plaint Is on file and may
be obtained at the Clerk
of the Court, at the Court-
house in Barre, Vermont.
Appearing from the
affidavit duly filed in the
above -entitled action,
service cannot be made
with due diligence by any
of the methods prescribed
in F.R.C.P. 4 (d) through
(g) inclusive, It Is hereby
ordered that service of
the above process shall
be made upon the de-
fendant, Stephen Cram,
by publication pursuant to
V.R.C.P. 4 (gl. This Order
shall be pubbll(ishod once a
week for two consecutive
weeks on November 19,
1993 and November 26,
1983 in the Tines Argue,
a newspaper of general
circulation in Wash
County, and once aweak
for two consecutive
weeks on November 20,
1993 and November 27,
1993 in the Burlington
Free Press, a newspaper
of general circulation in
Chittenden County. A
COPY of this Order shell
be mailed to the De-
M E M O R A N D U M
To: South Burlington Planning Commission
From: Joe Weith, City Planner
Re: June 22 1993 agenda items
Date: June 18, 1993
3) MARY PROVENCHER - 2 LOT SUBDIVISION - SKETCH PLAN
This project consists of the subdivision of a lot with 5,122 square
feet into a 1,845 square foot lot and a 3,277 square foot lot. The
existing lot is presently developed with two (2) single-family
dwellings. The purpose of the subdivision is to create a lot for
each dwelling for future sale. Neither lot will meet the minimum
area and dimension requirements for the Queen City Park District.
Variances forj these lots were granted by the Zoning Board of
Adjustment on May 4, 1993. The Zoning Board attached the following
stipulation: "That if satisfactory parking can't be reconciled to
the satisfaction of the Planning Commission, that this variance if
granted be null and void". This sketch plan was reviewed by the
Planning Commission on 5/7/91 (minutes enclosed) but the applicant
failed to continue with the project and submit the final plat.
l This property is located at 41-43 Central Avenue and is in the
Queen City Park District. This property is bounded on north, south
and west by single-family homes and on the east by Central Avenue.
Access: The property has two (2) existing curb cuts off from
Central Avenue, one for each of the homes. There are no changes
proposed to these access points.
Coverage/setbacks: The southerly lot at 43 Central Avenue will
exceed building coverage by approximately 19% (maximum allowed is
20%). Overall coverage will also be exceeded by an undetermined
amount (maximum allowed is 40%). The Zoning Board granted
variances to exceed these coverage limitations. Applicant should
provide exact coverage percentages for final plat.
1.
The new property line to be created will run in an east -west
direction and result in a zero lot line situation for the southerly
side of the home at 41 Central Avenue. An easement is proposed
which would allow access to the house on the southerly side for
maintenance, etc. The Zoning Board granted a variance for the zero
lot line configuration. The applicant should submit the legal
document for the access easement for review by the City Attorney
prior to Final Plat.
Memorandum - Planning
June 22, 1993 agenda items
June 18, 1993
Page 2
Parking: The Zoning Board when they granted the variance expressed
concern that this subdivision not eliminate parking spaces. They
stated that "if satisfactory parking can't be reconciled to the
satisfaction of the Planning Commission, that this variance if
granted be null and void".
Parking for #41 would be just to the north of the house in an
existing parking area. Parking for #43 would be in the driveway
between the two houses. The purpose of the zero lot line is to
provide enough room for parking. An easement would also be granted
over a portion of the lot at #41 for access around the rear of the
the property to a parking space on the so-called "well" lot. This
"well" lot islowned by the applicant and is contiguous to the lot
at #41. The, final plat should show an easement to access this
parking space'.
Lot merger: The "well" lot is automatically merged with this
property as required under State law. Staff consulted with the
City Attorney on this matter and he agrees with this position. If
these lots have merged, then the lot line separating the "well" lot
from the remainder of the property should not be shown. It should
be surveyed and made part of the main lot for final plat.
4) FARRELL - DRIVE -UP BANK - O'DELL PARKWAY - FINAL PLAT
This project consists of the construction 'of a 2260 square foot
drive -up bank facility with three ( 3 ) drive -up lanes on a lot which
includes Bambino's, WVNY-TV station and Seaway Car Wash. This
project is considered a PCD because it involves three (3) lots and
four (4) buildings. A drive-in bank is permitted only as part of
a PCD. The preliminary plat was approved on 4/27/93 (minutes
enclosed). f
This project is located in both the Cl and C2 Districts. It is
bounded on thd�west by Shelburne Road, on the south by the Factory
Outlet Mall and undeveloped property, on the east by Farrell Street
and on the north by Twin Oaks fitness center, seven (7) single
family residences on Hadley Road, an apartment building and an auto
service station.
Access/circulation: Access to the property is via a 40 foot curb
cut on Shelburne Road for O'Dell Parkway (a private r.o.w.), Bacon
Street (a 50 foot private r.o.w.), two (2) access drives to the
2
The South Burlington
Planning Commission will
hold's public hearing at
ft South Burlington
Hall, Conference R
575 Dorsat Street, sgiidi
Burlington, Vermont ' on
Tuesday, December'•'f4
1903 at 7:30 P.M. to oon3
Sklar the following:
IN
AA1Frrlyynal Plat Ilcatbn
dMibn of aaarold bah►
And 4,290',.oqu#re
41'" and 43 Gntral
•;rt v�•ii'g'�t6N pp�'
find final pl. 11d c i of Gregg
nwid,,.'an approved
id commercial " ds
Tint ,00nalating of
widindal units', a 61
seats). 22,000 squarb
dV�rstall ' use, a 3,
og6m foot fast-food
tdUrant i"wlth - dr
h, and a hank
rough sent rvice.
t�gplaci #w 22
�Nhat1,000 sq�nrs fN
Indoor recreational/or
talnment use and II
mare foot of row;
M Park, Sho bt
Road. 1 14
Copies of the apoop
are available for pu c
Inspoction, at the ''
Sudington,01ty H4,�,r;- �`
VYlltiam Bur�sos ; �,�
Shairman
outh u8 hlnq'W Mannkb
Commission;,,',',
November 27, 1093 `"
PUBLIC HEARING
SOUTH BURLINGTON PLANNING COMMISSION
The South Burlington Planning Commission will hold a public hearing
at the South Burlington City Hall, Conference Room, 575 Dorset
Street, South Burlington, Vermont on Tuesday, December 14, 1993 at
7:30 P.M. to consider the following:
1) Final Plat application of Mary Provencher for subdivision of
approximately 6,135 square feet of land containing two (2) single-
family dwellings into two (2) lots of approximately 1,845 and 4,290
square feet, 41 and 43 Central Avenue.
2) Revised final plat application of Gregg Beldock to amend an
approved planned commercial development consisting of 150
residential units, a 61 room hotel, 20,000 square foot movie
theater (1000 seats), 22,000 square feet of retail use, a 3,100
square foot fast-food restaurant with drive -through, and a bank
with drive -through service. The amendment consists of replacing
the 22,000 square feet of retail use with 11,000 square feet of
indoor recreational/entertainment use and 11,000 square feet of
retail use, L&M Park, Shelburne Road.
Copies of the applications are available for public inspection at
the South Burlington City Hall.
William Burgess
Chairman,
South Burlington Planning Commission
November 27, 1993
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
November 17, 1993
Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed please find some preliminary comments on the above
referenced project from City Engineer Bill Szymanski, Fire Chief
Jim Goddette and] myself. Please respond to these comments, if
appropriate, with additional information and/or revised plans by
no later than Friday, December 3, 1993.
If you have any questions, please give me a call.
Since ely,
�'7—b�� �Raymond J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
M E M O R A N D U M
To: Project Files
From: Raymond J. Belai , Zonin and Planning Assistant
Ym g
Re: Preliminary Comments, December 14 , 1993 agenda items
Date: November 17, 1993
MEHALER PARKES - THREE (3) UNIT MULTI -FAMILY - SKETCH PLAN
The sketch plan must be revised to show the following information:
--- name and address of the owner of record and applicant.
--- name of owners of record of contiguous properties.
--- type of, location and size of existing or proposed water and
sewer lines serving this property.
--- date and graphic scale.
--- location map showing relation of this property with the
surrounding property.
Issue to be discussed:
--- Section 2.022 of the South Burlington Public/Private Roadway
Policy requires that the private roadway serving this
development must have a minimum width of 24 feet but the
right-of-way serving the lot is only 20 feet wide.
CONNIE WEEMS/THOMAS TAVARES - BOUNDARY LINE ADJUSTMENT - FINAL PLAT
--- plat should show address of record owners.
--- the boundary line to be dissolved should be shown as a dashed
line with a notation that it is to be dissolved.
--- The Tavares property should be shown as one (1) lot with the
old property line to be dissolved. The combined square
footage of the new lot should be indicated.
MARY PROVENCHER - 2 LOT SUBDIVISION - FINAL PLAT
--- applicant should submit the legal document for the access
easement for review by the City Attorney.
--- since the "well" lot and the lot at 41 Central Avenue are
merged, the property line separating the two should be removed
and the lot area adjusted to reflect the larger parcel.
Preliminary Memo - Planning
December 14, 1993 agenda items
November 9, 1993
Page 2
--- if the applicant wishes to provide parking for #43 on the
"well" lot, an easement must be shown on the plat and the
legal document submitted for review.
ONE TWIN OAKS ASSOCIATES - DAY CARE - SITE PLAN
--- plan does not accurately depict existing number of parking
spaces along west boundary. Plan should be revised
accordingly. Staff calculates that 74 spaces are required.
--- spaces in front of northerly building should be striped.
--- children play area should be shown.
--- plan must show existing landscaping.
--- details of existing and proposed exterior lighting must be
submitted. Locations must be shown on the plan.
--- dumpster must be shown.
L&M PARK - INDOOR RECREATION/RETAIL BUILDING - REVISED FINAL PLAT
--- an updated shared parking study must be submitted.
--- Greg Beldock's undated letter to Joe Weith indicates that
there will be 422 parking spaces in the commercial portion of
L&M Park and staff counts 431 spaces, explain discrepancy.
--- sheet 14 shows landscaping and a light where on sheet 2 a
bicycle rack is proposed.
--- provide building and overall coverage information for the
commercial portion of L&M Park, including the bank lot.
--- a trip generation assessment must be submitted.
--- applicant should provide an estimate on the number patrons who
would use the recreation facility on a peak day.
--- if dumpsters will be used, they must be shown and must be
screened.
--- if building will have exterior lighting, details must be
submitted and locations shown on the plan.
--- patio area south of McDonald's building is not accurately
shown.
--- property owners have not complied with the requirement that
the landscaping in the vicinity of the bank facility and in
front of Larkin Terrace be installed prior to 11/l/93.
--- staff recommends that all surface parking areas be constructed
as shown as part of Phase I. The footprint of Phase II should
remain as green space (i.e. lawn) until such time as Phase II
is constructed.
--- all above information must be submitted by 11/23/93 to
maintain a spot on the 12/14/93 agenda.
Preliminary Memo - City Engineer
December 14, 1993 agenda items
November 15, 1993
Page 2
ANCHORAGE MOTOR INN - DORSET STREET
Site plan dated November 4, 1993 prepared by J. Robert McCarroll is
acceptable.
PROVENCHER SUBDIVISION - CENTRAL AVENUE - QUEEN CITY PARK
Survey plan prepared by Warren Robenstein with latest revision
dated 9/25/93 is acceptable.
rO: SO. BL|PLlNGTON PLANNING COMMISSION
FROM: CHIEF GODDETTE
RE: TUESDAY DECEMBER 14,1993 AGENDA ITEMS
DATE: uEONESDAY HOVEMBER 10,190?
FLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND THE
FOLLOWING FOUND ON EACH PROJECT:
1. ANCHORAGE MOTOR INN 103 DORSET STREET
WHEN REVIEWING THE PLAN I FOUND ADDITIONAL PARKING
SPACES HAVE BEEN ADDED IN FRONT OF THE BUILDING.THE ROAD WAY
AROUND THE BUILDING MUST BE NO LESS THEN 24' WIDE TO ALLOW
FOR EMERGENCY EQUIPMENT ENOUGH ROOM TO SET UP, AT LEAST
BEHIND AND IN FRONT OF THE BUILDING.
2. MRS. FARKS PROPERTY 3-UNIT APARTMENT
( HINESBURG ROAD
AT !HIS TIME FOR THE SIZE OF THE BUILDING THERE IS NO
ACCESS FOR EMERGENCY EQUIPMEN[ TO SET UP FOR FIRE PROTECTION.
THIS PROJEC7 SHOULD NOT BE APPROVED UNTIL THE ACCESS PROBLEM
IS CORREC[ED.
3. M. PROVENCHER PROPERTY QUEEN CITY PARK
LOT SUB -DIVISION
AT THIS TIME I DO NOT SEE A PROBLEM IF THE PROPERTY IS
SUB -DIVIDED INTO TWO SINGLE LOTS.
4. CONSTANCE WEEM
SHUN PIKE ROAD
LOT SUBDIVISION
AT THIS TIME I DU NOT HAVE A PROBLEM WITH THE SUB-
DIVISION OF i1FS. WEEMA PRUPERTY,
5. ONE TWIN OAKS
TWIN OAKS DRIcE.
PROJECl #8500b
THE BUILDING WAS INSPECTED BY THE DEPARTMENT OF LA80R
AND lNUUS''R`/ AND THERE IS NO PROBLEM IN ALLOWING A DAY CAPE
AS A BUSINESS IN [HE BUILDING.
�. L&M PAQ' PROJECT #880+7
FAYETTE PJHD
AT THI3 TIME I DO NOT SEE A PROBLEM WITH APPROVING [H[S
PROJECT.
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
1) Name of Applicant
2) Name of Subdivisio
3)
4)
Indicate any change to name, address, or phone number
owner of record, applicant, contact person, engineer,
surveyor, attorney or plat designer since preliminary
application
of
plat
Indicate any changes to the subdivision, such as number of
lots or units, property lines, applicant's legal interest
in the property,- or developmental timetable, since
preliminary plat application:
5) Submit five copies and one reduced copy (11 x 17) of a
final plat plus engineering drawings and containing all
information required under Section 202.1 of the subdivision
regulations for a minor subdivision and under Section
204.1(a) for a major subdivision.
6) Submit two draft copies of all legal documents required
under Section 202.1 (11) and (12) of the subdivision
regulations a minor sudivision and under Section 204.1(b)
for a major sub 'vision.
(Signature) ap 1'cant or contact person Date
PLANNER
658-7955
Mary Provencher
43 Central Avenue
South Burlington,
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
Vermont 05403
August 31, 1993
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed is a copy of the June 22, 1993 Planning Commission meeting
minutes. Please note that you have six (6) months from the date of
the meeting to submit your final plat application.
If you have any questions,
1 Encl
JW/mcp
please give me a call.
qncSere y,_
Weith,
City Planner
IX-4
t
vv*Ile/
7-1
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
June 18, 1993
Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Comments from
City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent
to you at an earlier date. Please be sure someone is present on
Tuesday, June 22, 1993 at 7:30 P.M. to represent your request.
If you have any questions, please give me a call.
erely,
e Weith,
ity Planner
Encls
f
JW/mcp I
s
,
PLANNING COMMISSION
7 May 1991
page 2
turned over to the Fire District and they gave a permanent
easement on the west side of lot 2. They also got a footpath
easement for access to the land.
Mr. Blair, noted the City Attorney is still reviewing the legal
documents.
Mr. -Rust in -moved - the -Planning _Commission -approve _the -Final _Plat
a lication _of _Lindwood -Abbott _fox _subdivision _of _23,,735 _sq,..ft .
of-land_containing;a _single=famil -structure _and -four _ (41 _unit
structure .into -two _parcels _of _2 084 _s . _ft. -%sin le _family
buildin i-and_21 651 _s ,._ft- tfour=unit_buildin �_as_de icted_on,.
plan _entitled - "_Subdivision _of _Cotta a -Parcel t-Lands _of _Lindwood
Abbott _ATo _ _4 _Birch _Lane _South -Burlington r _uemront "_ _ re aced _b
A- _W,. _Harris -& -Associates -and _dated_7_ 5/90, _last _revised _10 26
90 _witb -the _followin _sti ulations
1.-Prior -to -recordin the _appropriate�al-documents _reservin
access _via _the -existing _Birch _Lane _shall _be _approved _by _the _Cif
,Attorney _and _City. _Planner, - -Co ies -of _the -signed _documents _shall
be _submitted _to _the _Cit _ rior _to _recarding
2 _The _deed (.s � _for _lot _2 _shall _include -wording _which _ rohibits
development -on -this -lot. _ _The_deedisl -shall -be _approued _byr_the
City_Attorney_pr3.on_to _recording..
3 . _The _f inal-plat_shall -be ,recorded _within -90_da s_or -this
ap royal _ s null_and -void,
Mrs..-Maher..seconded _The,motion_then-passed_unani.moussly,
4. Sketch Plan application of Mary Provencher for subdivision of
approximately 5053 sq. ft. of, land into two lots of approximately
1830 sq. ft. and 3223 sq. ft., 41-43 Central Avenue:
Mr. Albright noted they have gotten a variance from the Zoning
Board regarding parking. He located the property in Queen City
Park.
Mrs. Provencher owns the lot which has two houses on it. She
wants to separate the houses onto 2 individual lots. They feel
the present parking arrangement is adequate. The "well lot" can
also be accessed for parking via a pedestrian easement owned by
Mrs. Provencher. Mrs. Maher suggested making the "well lot" part
of one of the two proposed lots.
Members said they would add a stipulation that lot 4 can't.be
developed.
Members wanted more detail on the Final Plat regarding parking,
PLANNING COMMISSION
7 May 1991
page 3
also legal detail on the easement shown on the plan.
5. Sketch plan application of Garland and Helen Withers for
subdivision of 42,900 sq. ft. of land into two lots of 15,600 and
27,300 sq. ft., 265 Kirby Rd.:
Mr. Withers said the land is across the street from the runway,
and is the next to last lot before the runway. There is a one -
acre lot with a residence on it. They want a 40 ft. drive right-
of-way to access the house in back. There are existing water and
sewer taps. They plan to pave the drive only to an 8 foot width.
Mr. Belair noted the Fire Chief wants a 15 ft. right-of-way for
fire access.
It is recommended that evergreen trees be planted along the drive
for screening.
Mr. Craig and Ms. Peacock said 8 ft. was satisfactory as long as
there are 3-1/2 foot gravel shoulders. Mr. Austin wanted to
insure that the access was drivable for 15 feet.
Members agreed to wait on the landscaping until they hear what
the neighbors have to say.
6. Public Hearing: Consider proposed amendment to Table II,
Section 3 "Noise" of the South Burlington Zoning Regulations to:
a) change the noise limitation time period and 2) to include a
provision which exempts from the noise standards temporary
actions of public benefit:
Mr. Burgess noted the currently noise limitations are in effect
between Midnight and 8 am. The amendment would change this to
between Midnight and 7 am. The amendment would also exempt
public works on a temporary basis as long as the City Manager
approves.
Mrs. Poger asked if there is a temporary exemption for road work,
why change the limits to 7 am and expose everyone to lawn mowers,
garbage trucks, etc.
Mr_ _Cray moved _ta _send _the _ rn Qsed _amendment _to _the _Cit
Council -with -the _addition_Qf_QnlX_Section_3B-Cttpgporar ublic
works l _and -not _to _sendthe _change - i n_hours`f rom _8 _am _to _7 _am..
Mrs_ _Maher -seconded . _ _The -motion _then _passed _unanimausly ,
7,. _Discuss _draft -of _Ci ty-Center __Traffic -impact- -Analysis _report
�repare�L-by-Resource;S�stems_Grau�-
It was noted that no intersection was better than level of
PLANNER
658-7955
I
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
June 1, 1993
Mary Provencher
43 Cental Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed please find some preliminary comments on the above
referenced project from City Engineer Bill Szymanski, Fire Chief
Jim Goddette and myself. Please respond to these comments with
additional information and/or revised plans no later than Friday,
June 11, 1993.
If you have any questions, please give me a call.
Since ly,
7
e�51-Ala—
Raymond J. Belair,
Zoning and Planning Assistant
Encls
RJB/mcp
Memorandum - Planning
May 7, 1991 agenda items
May 3, 1991
Page 2
for a right-of-way over that portion of Birch Lane which present-
ly runs across his land. The McDonalds, which live on the west-
erly side of Birch Lane, will convey to the Fire District a
right-of-way over that triangular portion of their land on which
Birch Lane presently runs. These documents are being reviewed by
the City Attorney. These documents should be approved by the
City Attorney and recorded in the land records prior to recording
the Final Plat.
4) PROVENCHER, 2 LOT SUBDIVISION. SKETCH PLAN
This project consists of the subdivision of a lot with approxi-
mately 5,053 square feet. into 2 lots. The existing lot is pre-
sently developed with two (2) single-family dwellings. The
purpose of the subdivision is to create a lot for each dwelling
for future sale. Neither lot will meet the minimum area and
dimension requirements for the queen City Park District. Vari-
ances for these lots were granted by the Zoning Board of Adjust-
ment on April 22, 1991 (minutes enclosed).
This property is located at 41-43 Central Avenue and is in the
Queen City Park District. This property is bounded on north,
south and west by single-family homes and on the east by Central
Avenue.
Access: The property has two (2) existing curb cuts off from
Central Avenue, one for each of the homes. There are no changes
proposed to these access points.
Coverage/setbacks: The southerly lot at 43 Central Avenue will
exceed building coverage by approximately 19% (maximum allowed is
20`/0). Overall coverage will also be exceeded by an undetermined
amount. (maximum allowed is 40%). The Zoning Board granted vari-
ances to exceed these coverage limitations.
The new property line to be created will run in an east -west
direction and result in a zero lot line situation for the south-
erly side of the home at 41 Central Avenue. An easement is
proposed which would allow access to the house on the southerly
side for maintenance, etc. The Zoning Board granted a variance
for the zero lot. line configuration. The Final Plat should show
a 5 foot wide easement along the northerly property line of the
southerly lot for maint-enance.
Memorandum - Planning
May 7, 1991 agenda items
May 3, 1991
Page 3
Parking: The Zoning Board when they granted the variance ex-
pressed concern that this subdivision does not eliminate parking
spaces. They stated that "if satisfactory parking can'tbe
reconciled to the satisfaction of the Planning Commission, that
this variance if granted be null and void".
Parking for #41 would be just to the north of the house in an
existing parking area.. Parking for #43 would be in the driveway
between the 2 houses. The purpose of the zero lot line is to
provide enough room for parking. An easement would also be
granted over a portion of the lot at #41 for access around the
rear of the property to a parking space on the so-called "well"
lot.. This "well" lot is owned by the applicant and is contiguous
to the lot at #41. The final plat shall show a 10 foot easement
to access this parking space.
Other: Chief Goddette has no problem with the subdivision.
5) WITHERS 2 LOT SUBDIVISION, 265 KIRBY ROAD, SKETCH PLAN
This project consists of the subdivision of a one (1) acre lot
into a .36 acre lot (lot #1) and a .63 acre lot (lot #2). Lot #1
has frontage on Kirby Road while lot #2 has no frontage and will
be served by a private r.o.w. The property is presently de-
veloped with a single-family dwelling and several accessory
buildings. It is proposed that these buildings will be razed.
This property is located in the R4 zone and is bounded on the
east by a single-family dwelling, on the south by undeveloped
land with a ravine, on the west by single-family residences on
Picard Circle and a residence at. 261 Kirby Road, and on the north
by Kirby Road.
Access_ Each lot. =s proposed to have its own curb cut, 30 feet.
apart. Since lot #2 has no frontage, access is proposed to be
via a 40 foot wide r.o.w, along the westerly property line.
Section 19.20 allows the Planning Commission: to approve subdivi-
sions which create .lots with no frontage on a public street as
long as access to such a street. is provided by a permanent ease-
ment of at. least 20 feet..
The house at 4261 Kirby Road is quite close to the proposed
access drive to lot #2. Staff recommends that a row of evergreen
trees be planted between the access drive and the westerly bound-
ary of lot 41 to screen the access drive from the house at #2t,1.
These trees should be at least 4-5' tall.
M E M O R A N D U M
To: Project Files /fib
From: Raymond J. Belair, Zoning and Planning Assistant
Re: Preliminary Comments - Jupe 22, 1993 agenda items
Date: June 3, 1993
JUDGE DEVELOPMENT - ADDITIONAL SEATING & ADDITION - SITE PLAN
--- sheet A2 indicates that there will be a canopy next to the
tower, this canopy should be shown on the site plan. The site
plan currently shows this area as green space with trees.
--- minimum landscaping requirement is $720, plan does not seem to
propose additional landscaping. The new canopy will result in
the loss of two (2) trees. These need to be replaced and
shown on the plan.
--- the application indicates that there is no change in overall
coverage yet 225 square feet of green area will be lost,
please explain. The coverage calculations on the site plan
need to be updated.
--- the storage addition will result in the loss of two (2)
parking spaces, plan must be revised to reflect this change
(i.e., notes, etc.).
--- applicant should indicate the time period when the outdoor
seating will be used.
--- four (4) additional plans plus one (1) reduced should be
submitted showing the outdoor seating.
--- the previous approval granted a 39 space or 12% waiver of
parking. The storage addition will require two (2) additional
spaces and result in the loss of two ( 2 ) spaces which will
represent a 43 space or 13.6% shortfall. The additional 27
seats will require an additional nine (9) spaces. This will
result in a total parking space shortfall of 52 spaces or 16%.
--- the previous approval estimated a traffic generation of 436
trip ends. The proposed addition will increase estimated
traffic generation by 1.6 trip ends or 437.6 trip ends. The
Traffic Overlay District limits this property to 117 trip
ends.
MARY PROVENCHER - 2 LOT SUBDIVISION -SKETCH PLAN
--- plan should show type of, location and appropriate size of
existing utilities.
--- plan should 1.u11l.din a 1UcaLlU11 1llQP.
--- plan should show all contiguous land owned by the applicant.
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Engineer
Re: Preliminary Comments June 22, 1993 agenda items
Date: June 1, 1993
O'DELL PARK OFF SHELBURNE ROAD
1. Road gravel base shall have a thickness of 18 inches not 14 as
plans show. The details on page C-7 do show the gravel base as 18
inches.
2. City street lights shall be acceptable to Green Mountain Power
who will maintain them.
3. O'Dell Parkway must terminate with a gravel turnaround for
maintenance vehicles especially plow trucks. The entrance to
Bambino's is not adequate for that purpose.
4. Island and speed signs shall be installed.
5. Plan should show a detail of the traffic island. It shall be
concrete.
MARCELINO COMPANY, 4050 WILLISTON ROAD (PALMER CIRCLE)
1. Plan SPL revised 4/30/93 prepared by Gordon Woods is
acceptable.
PROVENCHER SUBDIVISION, CENTRAL AVENUE
The 5 foot easement should be restricted as to use so as not to
interfere with the maintenance of that side of house number 41.
JUDGE DEVELOPMENT, 100 DORSET STREET
Plan prepared by Dunn Associates dated March 1992 is acceptable.
TO;
FROM;
DATE;
RE;
3.
4.
SO. BURLINGTON PLANNING COMMISSION
CHIEF GODDETTE
WEDNES'D;Y MAY 2b,199
TUESDAY JUNE 22,1993 AGENDA ITEMS
MARY M. PREVENCHER PROPERTY LOT #41 & # 43
2-LOT SUB -DIVISION QUEEN CITY PARK
AT THIS TIME I DO NOT SEE A PRUHLEI°I W 1 1 H I HE 2-LU I
SUB -DIVISION WHICH WOULD CHANGE OUR SERVICE.
a . NAHCEI_ I NU LU . I NC . 405O W I LL I S1 ON RD .
PLAN HAS BEEN REVIEWED ON THE PARKING AREA AND DO
NOT FEEL IT WILL CHANGE_ EMERGENCY SERVICE. AS FAR
AS THE CHANGES INSIDE THE BUILDING MR. MARCELINO
IS REQUIRED TO FILE PLANS WITH THE DEPT. OF LABOR
AND INDUSTRY TO MAKE SURE THE CHANGES MEET STATE
I -ODE FOR SAFETY.
R.B.G. OFFICE BUILDING 625 HINESBURG ROAD
IHE PLANS WERE REVIEWED BY THIS OFFICE AND THE
f-ULLUWiklb MUSI BE CURRECTED FOR EMERGENCY
PROTECTION;
iti . UiVL H Y UHF;N f 10 BL r-NDUED A[ A LULA I- I ON APPROVED
BY THIS OFFICE.
Ei . THE BUILDING LIVER NARK 1 N1U AREA 11U6 1 DE 14 F UU I
HIGH TO ALLOW EMERGENCY EQUIPMENT UNDER IF
NEEDED TO GET AROUND BUILDING.
O'DELL PKWAY PROPERTY
PROJECT ## 931 V8
PLAN] HAS BEEN REVIEWED AND AT THIS TIME ALL
CORRECTIONS HAVE BEEN MADE FOR EMERGENCY
PROTECTION.
10O DORSET STREET JUDGE DEVE:LOF'Ni^NIT CORP.
PLAN REVIEWED BY THIS DEPARTMENT AND THE FOLLOWING
CHANGES ARE NEEDED;
A. HYDRANT ON SOU-1H END OF PROPERTY ON DORSET
IPEE=T I'•11J5T BE HELUCATED IN A LOCATION
APPROVED BY THIS DEPARTMENT.
B. P. HYDRANT IS TO BE INSTALLED ON THE BACK SIDE
OF THE PROPERTY BETWEEN THE TWO BUILDINGS AT A
LOCATION APPROVED BY THIS OFFICE. THE PLAN FOR
THE OFFICE BUILDING ON CORPORATE WAY WHICH IS
PART OF THIS PROPERTY MAY HAVE A HYDRANT WHICH
IS PART OF BOTH PROJECTS.
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
1) Name, address, and phone number of:
a. Owner of record K,,.-r4 kz r,--- c /— ( G- ---
RM
b . Applicant c K-3 C,
C. Contact
2) Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
u-rCJCSL- f `S
3) Applicant's legal interest in the property (fee simple,
option, etc.
4) Names of owners of record of all contiguous properties
2oC ffRfZf
T)i q aj F- rr ta A Lo -0-65
5) Type of existing or�proposed encumbrances on property such
as easements, covenan s, leas s, rights of way, etc.
L�41 f, Ao'C 8,12 f A5 M69T- Doti. r1 Pr; J 'F,F y
4z0 Q ,�
1
7
6) Proposed extension, relocation, or modification of municipal
facilities such as sanitary.sewer, water supply, streets,
storm drainage, etc. /�-"� /A
CIS 4-11,-e 4o' "f Ox i
7) Describe any previous actions taken by the Zoning Board of
Adjustment or by the South Burlington Plannij�ig Commission
which affect the proposed subdivision, and include the dates
of such actions:
Q 0 i..a G
8) Submit five copies and one reduced copy (8 1/2 x 11, `#
8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow-
ing information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belong-
ing to owner of record and (b) proposed subdivision.
3) Existing and proposed layout of property lines; type
and location of existing and proposed restrictions on
land, such as easements and covenants.
4) Type of location, and approximate size of existing and
proposed streets, utilities, and open space.
5) Date, true north arrow and scale (numerical and
graphic).
6) Location map, showing relation of proposed subdivision
to adjacent property and surrounding area.
(Sign9turet a4pplicant or contact person Date
2
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
1 ) Name of Applicant+��
2) Name of Subdivision
3) Indicate any change to name, address, or phone number of
owner of record, applicant, contact person, engineer,
surveyor, attorney or plgt designer since preliminary plat
application
4) Indicate any changes to the subdivision, such as number of
lots or units, property lines, applicant's legal interest
in the property, or developmental timetable, since
preliminary plat application:
5) Submit five copies and one reduced copy (11 x 17) of a
final plat plus engineering drawings and containing all
information required under Section 202.1 of the subdivision
regulations for a minor subdivision and under Section
204.1(a) for a major subdivision.
6) Submit two draft copies of all legal documents required
under Section 202.1 (11) and (12) of the subdivision
regulations for a minor sudivision and under Section 204.1(b)
for a major subdivision.
(Signature) applicant or contact person Date
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
June 12, 1991
Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed please find a copy of the May 7, 1991 Planning Commis-
sion meeting minutes. Please note that you must submit an appli-
cation for Final Plat approval within six (6) months of the
sketch plan review. Please call if you have any questions.
;Sincerely,
ij,,oe Weith,
ty Planner
1 Encl
JW/mcp
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
May 3, 1991
Mary M. Provencher
43 Cental Avenue
South Burlington, Vermont 05403
Re: 2-Lot subdivision, 41-43 Central Avenue
Dear Ms. Provenc.her:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next. Tuesday's Planning Corrunission
meeting and my comments to the Planning Commission. Also
enclosed are Bill Szymanski's comments.
Please be sure someone is present on Tuesday, May 7, 1991 at 7:30
P.M. to represent your request.
i sere*,
W\t� z
woe Weith,
City Planner
Encls
JW/mcp
M E M O R A N D U M
To: South Burlington Planning Commission
From: William J. Szymanski, City Engineer
Re: May 7, 1991 agenda items
Date: May 3, 1991
3) QUEEN CITY PARK, 4 BIRCH LANE
Plan titled subdivision of Cottage parcel, No. 4 Birch Lane,
South Burlington, Vermont, dated 7/5/91, prepared by A.W. Harris
& Associates is acceptable.
4)OUEEN CITY PARK, 41-43 CENTRAL AVENUE SUBDIVISION
The City Attorney should review the deeds for the two parcels
prior to recording.
5) GARLAND AND WITHERS PROPERTY, KIRBY ROAD
Two inlets should be installed approximately as shown on sketch
and piped to the drainage way to the south. The lots shall be
graded to drain into these inlets.
-3-
No. 2 Appeal of Mary Provencher
Appeal of Mary Provencher, seeking a variance from Section 18.00 Area, density
and dimensional requirements. Request is for permission to set off a lot with
twenty-five feet frontage and 1461 square feet of lot area with building
coverage exceeding the maximum, located at 43 Central Avenue, Q.C.P.
Mr. Ward informed the Board that the area in question is zoned Q.C.P.
District. Section 18.00 Area, density and dimensional requirements. Minimum
lot 7,500 square feet, minimum frontage 80 feet, maximum coverage 202.
Proposed sub division set off two lots. Lots #1 will contain 1497 square feet
with 25 feet frontage, lot #2 will contain approximately 3556 square feet with
81 feet frontage plus a third parcel of approximately 700 square feet. Lot #4
is identified as the Well lot. Both 41 and 43 combined contain approximately
5754 square feet with 106 feet of frontage occupied by two single-family
dwelling units. Maximum coverage of lot #1 if approved would be approximately
39%. Existing setback and side and rear yards are non -conforming. Variance
granted August 13, 1990 allowed a rear yard waiver of 3.8 feet.
Mr. Blais said I have appraised the subject appelant's property about 4 or 5
months ago and would like to give the opportunity to any members of the Board
or anyone in the audience to consider if this would be a conflict of interest.
Nobody had a problem with this.
Mary Provencher said because of the way Q.C.P is it is necessary for me to get
a variance to divide these lots if I want to sell.
Mr. Blais said at the time I inspected your property there was a question as to
whether there had been two separate lots there at one time due to the fact that
there are two separate addresses. Mr. Ward said there are similar situations
down there.
Mary Provencher said this would not alter anything.
Mr. Johnson said I think you have a problem with the parking. If you deed that
property separate what prevents that parking area from becoming something else
in one deed or the other. The parking between the two buildings is totally
paved.
Mary Provencher said you can park three cars in there. I have parking for the
other house and would give them only the right of way. I also have a parking
space across the street.
Mr. Ward said I think Mary has the control there. It would be up to her to
protect #43. She's going to have to give easement or right of way and keep it
as a parking space for ever and ever. The division line allows her to sell
separately. We did this before with Lindy Abbott parking on Cedar Lane. Mary
will have to go to the Planning Commission.
Mr. Blais asked have you consulted an attorney? Mary replied that she had.
-4-
Mr. Blais said I'm not totally familiar with how many other properties we have
on Q.C.P. that are like this. Mr. Ward said Lindy Abbott's was five properties
on one lot.
Mary said the house is so small there is no way more than two people could live
in it.
Mr. King said we could make a stipulation that if something happens for her to
come back before the Board.
Mary said it is not my intention to sell right away but it's not feasible for
me to sell both of them. I would like to have the freedom to say yes if I need
to sell one property and keep one for myself.
Mr. Chamberland asked is the parking part of the criteria. Mr. Ward said it's
not part of the criteria but I think the Planning Commission should be made
aware of the Zoning Board's concerns.
Mary said I also own the Well,,. lot. Mr. Ward said moving the line will be a
Planning Commission decision providing this Board expresses their concern that
you do not eliminate parking spaces.
Mr. King said it seems that each situation in Q.C.P. is unique.
Mr. Johnson made the motion that if satisfactory parking can't be reconciled to
the satisfaction of the Planning Commission, that this variance if granted be
null and void. This was seconded by Mr. King and 5 voted yea and 1 voted nay.
Mr. Ward said my understanding for the issue is that this is going to become a
subdivision creation of that line and that this Board in approving this
variance does not want parking spaces diminished.
Mr. Kramer asked do you feel there is a hardship created? Mary replied yes.
It's a harship financially. You could make condominiums out of them.
The appeal was granted unanimously subject to the stipulation.
No. 3 Appeal of Mike Ploof
Appeal of Mike Ploof seeking a variance from Section 18.00 Area, density and
dimensional regulations. Request is for permission to allow for a 14' x 22'
residential addition to project twenty (20) feet onto the required thirty (30)
foot rear yard setback at 9 Meadow Road.
Mr. Ward informed the Board that the area in question is zoned R-4 District.
Section 18.00 Dimensional requirements minimum rear yard 30 feet, proposed rear
yard 10 feet. Proposed addition 14' x 22' one story, existing dwelling 28' x
28' two story. Lot contains 7424 square feet with 128 feet frontage on Meadow
Road. Existing structure is non conforming to setback (9 Feet) side yard (2
feet) and rear yard (21 1/2 feet). Corner lot Meadow Road and Proctor Avenue.
Mr. Ploof said this is the only way to go. The back of the garage is already
1' from the boundary on the west side. The house is almost 100 years old. The
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
April 29, 1991
Mary M. Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: 2 Lot Subdivision, 41-43 Central Avenue
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of my preliminary comments on your
subdivision application. If you have any questions, please give
me a call.
S' erely,
oe Weith,
City Planner
1 Encl
JW/mcp
M E M O R A N D U M
To: Project Files
From: Joe Weith, City Planner
Re: Preliminary Comments, May 7, 1991 Agenda items
Date: April 29, 1991
Additional information required on Sketch Plan:
name and address of record owner
names of owners of record of contiguous properties
type of, location, and approximate size of existing
utilities
date and numerical scale
location map
PERRY'S FISH HOUSE, PARKING LOT EXPANSION.SHELBURNE ROAD
Additional information required:
Distance along property lines.
Recommended changes:
Move the 7 spaces along Shelburne Road to the east so that
they are entirely on the applicant's property.
Close the westerly curb cut on Baldwin Avenue.
All angled parking spaces must be large enough to accommodate
a 91x18' rectangle and all other parking spaces must be at
least 91x181.
Parking aisles serving single row of parking must be 22
feet in width and serving double row of parking must be
24 feet in width.
Other:
On the plan approved by the Planning Commission on October
8, 1985 for development of this site, the overall coverage
was approved at 69.3%, since the applicant wishes to in-
crease the overall coverage 1.5% above the maximum allowed,
either a variance would have to be obtained or more green
space added so that the overall coverage limit of 70% is not
exceeded.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
April 9, 1991
Ms. Mary Provencher
43 Central Avenue
South Burlington, Vermont 05403
Re: Zoning appeal
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Offices, Conference Room,
575 Dorset street on Monday, April 22, 1991 at 7:00 P.M. to
consider your request for a zoning variance.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
PROVENCHER, Mary
41-43 Central Avenue, Q.C.P.
Area in question zoned Q.C.P. District.
Section 18.00 Area, density and dimensional requirements. Mini-
mum lot 7,500 square feet, minimum frontage 80 feet, maximum
coverage 20%.
Proposed sub division set off two lots. Lots #1 will contain
1497 square feet with 25 feet frontage, lot #2 will contain
approximately 3556 square feet with 81 feet frontage plus a third
parcel of approximately 700 square feet.
Both 41 and 43 combined contain approximately 5754 square feet
with 106 feet of frontage occupied by two single-family dwelling
units.
Maximum coverage of lot #1 if approved would be approximately
39%.
Existing setback and side and rear yards are non -conforming.
Variance granted August 13, 1990 allowed a rear yard waiver of
3.8 feet.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
May 10, 1993
Ms. Mary Provencher
43 Central Avenue, Q.C.P.
South Burlington, Vermont 05403
Re: Zoning appeal
Dear Ms. Provencher:
ZONING ADMINISTRATOR
658-7958
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Offices, Conference Room,
575 Dorset Street on Monday, May 24, 1993 at 7:00 P.M. to
consider your request for a zoning variance.
Please plan to attend this meeting.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
LEGAL NOTICES . I
SOUTHfURUNOTON
ZONING NOTICE '
•;,.w -:
In `acootdarx:6 ri#tii the
South . Burlington Zoning
Reeggulations and Chapter
117, Title 24. V.S.A. the
South Burl Zoning
Board of Adjustment will
hold a public hearing at
the South Burlington u-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on Monday, May
24, 1993 at 7:00 P.M. to
consider the following:
#t1. Appeal of David Flagg
seeking aapppproval from
Section 13.20 Conditional
uses and Section 19.65
Multiple uses of the South
Burlington Zoning Regula-
tions. Request is for per-
mission to construct a
36'x128' building occupy-
Ing said building for auto-
mobile sales and repairs.
Also requiring a variance
from Section 19.104 land-
scaping requirements,
reuest to use thirty-nine
(39) percent of the front
yard for parking and cir-
culation, on a lot con-
taining 2.29 acres, lot #t4
Gregory Drive.
#t2. Appeal of Charles
and Donna Poulin seeking
a variance from Section
18.00 Dimensional re-
quirements of the South
Burlington Zoning Regula-
tions. Request is for per-
mission to construct a
6'x16' addition and en-
close an existing 5'x9'
porch located to within
eleven (11) feet of the
required front yard, lo-
cated at 126 Hinesburg
Road.
#f3. Appeal of John Ken-
nedy seeking
approval
from Section 19.65 Mul-
tiple uses of the South
Burlington Zoning Regula-
tions. Request is for per-
mission to operate a
tanning salon In conjunc-
tion with two existing re-
tail uses, d.b.a. Dorset
Street Beverage and Ice
Cream Shoppe on a lot
containing 15,500 square
feet, located at 364 Dor-
set Street.
#t4. Appeal of Mary Pro-
vencher seeking a varl-
anoe from Section 18.00
Area, density and dimen-
sional requirements of the
South Burlington Zoning
Regulations. Request is
for permission to set-off a
lot with 25. feet of front-
age (minimum 80 feet re-
quired) with a lot
containing 1461 square feet (minimum 750
square feet) with a bulld-
Ing coverage exceeding
the maximum allowed by
19.4% and the lot cover-
age of 40%, located at
4r43 Central Avenue,
O.C.P.
#t5. Appeal of Ralph
Goodrich seeking appro-
val from Section 10.20
Conditional uses sub -sec-
tion 10.204 of the South
Burlington Regulations.
Request Is for permission
to constrict a four (4)
story, general office build-
ing, containing approxi-
mately 26,000 square feet
which include a parking
CoMlnwd Next Coh mn
LEGAL NOTICES 1
ggarage on a lot containing
1.4 acres, located at 625
Hinesburg Road.
Richard Ward,
Zoning Administrative
Officer
May 8, 1993
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City of South Burlington
Application to Board of Adjustment
Date s—Z/_/A-? 3
Applicant
Official Use
APPLICATION #
HEARING DATE
FILING DATE
Owner, leasee, agent I FEE AMOUNT
Address Telephone #
Landowner Address
Location and description of property t(1 + -i -3 (f A, o-c, L-
%"�. %_�% U/M 1,l I O'� Si 2-C Of" . A-liCtf-
Type of application check one ( ) appeal from decision of Administrative
Officer( )request for a conditional use (,f/ ) 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 appeal
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 the hearing.
Provisions of zoning ordinance in question
q ( _" ---
Reason for appeal T yvt 5 _r vc-,4 ^014:.' 6A;
LW '4 xi Dt�,�e-�j c_4u A-P t> N LC - /u 01c 'l i -1 A-L
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and
any other additional information which will serve as support evidence to the
Board.
Hearing Date Si nature of Appellant
Do not write below this line
-----------------------------------------------------------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117,
Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold
a public hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
Day of Week
at to consider the following:
Month and Date Time
Appeal of 1-:i 41
seeking a from Section A�
14_4
z
of the South Burlington Regulations. Request is for permission to
0,0
404A-1
aL
-e!41
Zo
Official Use
City of South Burlington APPLICATION # j� `
` Application to Board of Adjustment
HEARING DATE
Date 22 G'
FILING DATE `/�
Applicant �v > ---C_� �' % --i �?
wner,3lessee, agent FEE AMOUNT�''f
Address l?-a J)-i_--cTelephone #
Landowner Address
Locati n and description f property
Type c_f_application check one ( ) appeal from decision of Administrative
Officer( )request for a conditional use ( 6/") 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 appeal
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 the hearing.
Provisions of zoning ordinance in question --�- c; 6-J
t Lr
Reason for appeal t LL.-,4P v J\_Zi>
�r�K-� t7c,,t, �U ;il � �` L: �.:�,i�a I�A-' D '�c�'►:: [ - #-�}' lly � i l C��-f>z-Y�- �y-�
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and
any other additional information which will serve as support evidence to the
Board.
Hearing Date ginature of Appellant
Do not write below this line
-----------------------------------------------------------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter 117,
Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold
a public hearing at the South Burlington Municipal Offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
Day of Week
at to consider the following:
Month and Date Time
:,0` Appeal of
seeking a fit' r ,- from Section (f? r ��
r r � �
of the South Burlington Reglulations. Request is for permission to
rot
ttle
7J
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SOUTH •URLINGTON
ZONING NOTICE
In accordance with the
South Burlington Zoning
Regulations and Chapter
117, Title 24, VSA, the
South Burlington Zoning
Board of Adjustment will
hold a public hearing at
the South Burlington Mu-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on Monday April
22, 1991 at 7:00 PM to
consider the following:
#t1 Appeal of Thirty Sixty
Associates, Creative Car-
pentry, applicant seeking
appproval from Section
13.20 conditional uses,
subsectlon 13.210 retail
businesses of the South
Burlington Zoning Regula-
tions. Request Is for per-
mission to convert SW
square feet of office use
to recall sales of outdoor
recreational furniture and
equipment Including out-
door display In conjunc-
tion with an existing
muM le use complex lo-
cated at 3060 Williston
Road.
#t2 Appeal of Mary Pro-
vencher seeking a vari-
ance from Section 18.00,
Area, Density and Dimen-
sional Requirements of
the South Burlington Zon-
Ing Regulations. Request
is for permission to set-
off a lot with only 25 feet
of frontage (minimum re-
quirement is 80 feet), with
only 1461 square feet of
lot area minimum require-
ment is 7500 square ),
with building coverage ex-
ceeding maximum allow-
ed by 19.4% and also
exceeding maximum lot
coveraggee of 40%. at 43
Contra Avenue, Q.C.P.
#3 Appeal of Mike Ploof
seeking a variance from
Section 18.00 Area, Den- .
sittyy and Dimensional Re-
quirements of the South
Burlington Zoning Regula-
tions. Request is for per-
mission to allow a 14'X22'
residential addition to pro -
fact twenty (20) feet into
the required thirty (30)
foot rear yard setback at
9 Meadow Road.
Richard Ward,
Zoning Administrative
Officer
April G. 1991
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