HomeMy WebLinkAboutBATCH - Supplemental - 0055 0057 0059 Swift StreetCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
July 18, 2000
Albert & Marie St. Amand
61 South Willard Street
Burlington, VT 05401
Re: Zoning Violation, 55 Swift Street
Dear Mr. & Mrs. St. Amand:
Please be advised that based on information available to the City, you have commenced
land development on your property at the above address without obtaining a permit from
the City as required by Section 27.10 of its Zoning Bylaws and 24 VSA 4443(a)(1).
Specifically, you have initiated the following activities on the above -described property:
Storing the following items on the green buffer zone along the south boundary: one (1) RV
camper, two (2) automobiles, two (2) boats with trailers, one (1) utility trailer, and one (1)
mobile home.
You have seven (7) days from the date of this letter ro discontinue this violation and take
appropriate remedial action. Specifically, you must accomplish the following:
Remove all items being stored in the green space located between the gravel drive and the
southerly boundary line.
If you do not accomplish the ac"ons directed in this letter within seven (7) days of the date
of this letter, the City may pursue this matter in court. In such court proceeding, the City
will be entitled to seek appropriate injunctive relief and fines of up to one hundred
($100.00) dollars per day for each day your violation continues beyond the seven (7) day
period provided in this letter.
Albert & Marie St. Amand
Zoning Violation
June 22, 2000
Page 2
If the violation described in this letter occurs again within twelve (12) months of the date
of this letter, you will not be entitled to receive a further Notice of Violation from the City
before the City pursues further enforcement proceedings.
You may appeal this Notice of Violation to the Development Review Board by filing a
written notice of appeal (see enclosed) and eighty five ($85) dollars within fifteen (15) days
of the date of this letter with the Clerk of the Development Review Board at the following
address: 575 Dorset Street, South Burlington, Vermont 05403.
Sincerely,
Raymond J. Belair,
Administrative Officer
RIB/mcp
1 Encl
cc: Amanda, S.E. Lafferty, City Attorney
Certified letter #Z 395 693 819
PUBLIC HEARING
SOUTH BURLiNGTON
DEVELOPMENT
REVIEW BOARD
The South Burlington
Development Review
Board will hold a public
hearing at the South Bur-
lington City Hall Confer-
ence Room, 575 Dorset
Street, South Burlington.
Vermont on Tuesday,
September 19. 2000, at
7:30 P.M. to consider the
following;
11 .Appeal #AO-00-09 of
Albert &, Marie St. Amand
appealing the issuance
of a Notice of Violation
dated July 18, 2000 by
the Administrative Officer
and a request for a Stay
of Enforcement of the al-
leged violation for prop-
erty at 55 Swift Street.
2]. Appeal # r+,0-00-08 of
Lawrence & Cynthia
Caron appealing the is-
suance of a Notice of Vi-
olation dated July 13,
2000 by the Administra-
tive Officer for property
at A095 Williston Road.
31 Final plat appficatian
#SD-00-45 of William &
Charlotte Ross for
Stonehedge „M„ Associ-
ation to amend a planned
residential development
consisting of 16 units in
tour [4] buildings, Cluster
"M". The amendment
consists of amending the
landscaping plan to ap-
prove the "as -built"
landscaping, Stonehedge
Drive..
41 Application #MS-00-
j' 04 of Henry & Sherry
Barton seeking approval
from Section 25.118[e].
Exceptions to Yard Set-
back and Lot Coverage,
of the South Burlington
i Zoning Regulations. Re-
quest is for permission
to allow a 10'x12' deck
to project 10 feet into the
required 30 foot front
yard setback require -
meet, 2 Sherry Road.
John Dinklage,
Chairman
South Burlington
Development Review
Board
Sept. 2, 2000
r
SEP-18-00 MON 09:00 AM MILLER EvGLESTON CRAMFh
FAQ 110, + P, 021
KA1'LILEPN M. BOE
VICTORIA J. BROWN
MATTHEW J, CARTER
ANNB CRAMA
)ON R. OWLS510N
GARY I-, FktNKLIN
SHIREEN T. HART
SMT L. iKL INE
MARTIN 9.1CLLBR
NARK A. SAUNUMS
CWL E. WPSTGATS
DOUGLAS J. WOLCNSKY
FET21 P. YOUNG
COUN.WL:
PATRICIA L RICh AD
NFJLWHENTWAI�;HT
MILLER, EGGLESTON & CRAMER, LTD.
A7TUrXFY5 AT LAW
150 SOUTH CHAMPWN STREET
P.O. BOX 1489
BURLINGTON, TERMONT 0502.1489
VIA. FACSIMILE
Raymond J, Belair
Administrative Of eer
City of South Burlington
Department of Planning & Zoning
575 Dorset Street
South Burlington, Vermont 05403
7H).EPI7ONE (902) a64.0880 (RUAI_tNUTON)
(902) 229.2218 (MONTBELIL'fl)
TELECOPIER (602) 864.028 WVLLINGON)
(602) 229.2su (MONTPLU")
September 18, 2000
Re; Alleged Zoning Violation, 55 Swift Strict
Dear ' dlr. Belair:
In accordance with our telephone conversation earlier toddy, I write to confirm that
lbarr and Maric St. Amand revoke their appeal of the Notice of Violation regarding 5.5 Swift
Strc,;t, dated July 18, 2000. As such, we do not plan to attend the heating scheduled for
Sal)Lcniber 19, 2000, and we no longer seek a stay of enforcement.
Thank you for your attention to this lnatter. Please do not hesitate to convict me at your
convenience: with any questions or concerns.
Very truly yours,
Sllirce,
For the Firm
cc: Albert and Maric St, Arnand
SMI WAgL rmenMay Sell' SArt8,1ah¢Inie 9 1100 IIr -IV
w SEP-18-00 MON 09:03 AM MILLER EGGLESTON CRAMER FAX NO. + P, 0-
Miller, Eggleston & Cramer, Ltd.
lS0 South Champlain Street
P.a, Box 1484
f3urlingtott, VT 05402-1489
802.864-0880
Fax: 802-864-0328
FAX COVER SHEET
F^AXNtlMUR TRANSMITTED TOO, 846-4101
'Two Pages Including Cover
To: Raymond Bettor
Cf; South Burlington Departmcnt of Pla uii,V, & Zoning
rrom: Shireen T. Mart, Esq.
ClicnWaten Albert and Maric St. Amand 55 Swift Street
Date: Septetnber 18, 2000
COMMLYCS:
Per your request, please find a letter confirming our withdrawal of the appeal and request ('Or stay
of enforccment of the Notice of Violation dated July 18, 2000. Tbank you for your attention to
this.
Shirccn
771c infc,r•mation Contained In this faesiini(a !nessage is infrrrnrcilon rrolec•ted by attonccy,clienr arc�'or the atrn, r:e� l�, ork
product priutlege• It i, intended only for rl;e rue oJ'thc biefirvdrra! c:rr»red abavcr trnr! dre privileges acre not 1��aivcd by ria-tucr rf
thi.y' l:avrrt bee» sent Ly frrr.: iniifv. if the t'eryun actually recOvi'rrg thisf ic',�i!rrik or arty othee reader of the facsinrrla i.4 not the
immeti reelpient or the oniplri,ee or agerei responsible to deliver it to Ike named recip ent, any wee. disseminalion, distrihritia,z,
a• capyirrg of the cool nnrnication rs neielly prohihited. If you June received rhrs toerunurrict�,linn bra error, please onnivdiwoly
no* us by tKophrrne and retcrrn the or ginal it -Acne to us at U,e above ucWrass vra US. Postal Service.
IF YOU DONCY1' tit?CEIVE Llj, P:�QES, P1.,l:nti>_ TELEPIJONE' US lMRtED1ATFLY Al 802464-0 80-
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING & ZONING
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
(802) 846-4106
FAX (802) 846-4101
September 15, 2000
Shireen T. Hart
Miller, Eggleston & Cramer, Ltd.
150 South Champlain Street
P.O. Box 1489
Burlington, VT 05402-1489
Re: Administrative Officer Appeal of Albert & Marie St. Amand, 55 Swift Street
Dear Ms. Hart:
Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments
to the Board. Please be sure someone is present on Tuesday, September 19, 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
Development Review Board
September 19, 2000
10) ALBERT & MARIE ST. AMAND - APPEAL OF ADMINISTRATIVE OFFICER'S
DECISION
This appeal is from a decision made by the Administrative Officer that the property at 55 Swift
Street is in violation of the zoning regulations (see enclosed Notice of Violation). The violation
involves the storing of various items such as: boats, cars, trailers, RV camper, etc. in the green area
required to be maintained by the appellant.
The site is developed with two (2) mini -storage buildings (warehouse use) which is a non-
complying use in the CI District. The site plan was approved by the Planning Commission on
6/23/87 and was the same plan approved on 9/23/86. A variance for this use was granted by the
Zoning Board of Adjustment on 8/10/87.
The site plan approved showed a 22 foot wide "green belt buffer zone" along the south boundary
to be planted with ten (10) Red Pine trees 7 - 8 feet in height. This buffer was required because
the south boundary is the boundary between the C 1 District to the north and the R4 District to the
south. This buffer area is currently being used for outside storage not approved by the variance or
site plan approval (see photos). Additionally, the Red Pine trees which were required to be planted
and maintained in this buffer area do not exist. This is a clear violation of the zoning regulations.
The applicant may try to argue that the large red trailer was approved on 7/15/97 when this
property was involved in a boundary adjustment with the adjacent property. This is not the case
for the following reasons:
a) The Planning Commission clearly recognized that this trailer, and another trailer
existing at the time, were not approved and required that the plat be revised to
remove the large trailer from the plat (see enclosed Findings of Fact).
b) The Planning Commission had no authority under the subdivision regulations to
allow the expansion of a non -complying use.
The appellants are also requesting a Stay of Enforcement. Staff recommends that it not be granted
because the appellants have not demonstrated that they will suffer irreparable harm if it is not
granted.
Boat and Other Items on Green Space
7
Trailer on Green Space
55 Swift Street
August 31, 2000
t
J ;yrJ
City of South Burlington
Application to Development Review Board
Name ofappiicant(s) Albert and Marie St. Amand
Ofliclal Use
APPLICATION #
HEARING DATE
FH,INa DATr
FEE AMOUNT
Address- 61 _S , Willard..S.t. ; ' Burlington Tclopbonc o .. 658-6252 _
05401
Represented by Shireen T. Hart, Miller, Eggles on & Cramer, Ltd
r16 6
Landowner Albert and Marie St Amand
Location and doscri tlon of property
55 Swirt Street
Adjacent pmpeny ntvner(s) & Addrecc
Type of application check one: k:kappeal from decision of Administraior Officer (includes appeals from Notice of Violation)
( ) request for a conditional use ( ) request for a variance IX) other reques t f or s tay of enf orcement
1 undervAnd the presentation procedures required by State Law (Section A469 of the Planning & Development Act). Also that
hearings are held twice a month (second turd fourth Mondays). nut a Icbal advertisement must appear u minimum of tlileen (15)
days prior to the hearing. I ague to pay a hearing foe wh{oh Is to offset the cost of hearing.
Provision of zoning ordinance in uectinn
24 V.S.A. 54443(a)(1 ; Section 27.10 Zoning Bylaws � _,_�_� _ M_ _w•
Reason forappeal Disagree with assertion of land development
Other documentation Affidavit of _Marie St. Amand in support of Request _ or. Stay.
of Enforcement, ('
c
Date Signature
SOU'('N BURLINGTON ZONING NOTICE
)n accordance wldt the South Burlington Zoning Rugulations and Chapux 117, Title 24 V.S.A the South Burlington
Dcvcluptncnt Rcvlcw Buwd will hold a public hcuring to the South Durlingwn Murtlelpal Ofl "% Confcretic..c: Rount, 575 Dorset
Strcct, South Burlington, Vrnnont on Tuesday, , at 7:30 P.M. to eonsldcr the following:
Application of
seeldng a
from Section
of the South Burlington Zoning Regulation& Rcqucst is for permission to
MILLER, EGGLESTON & CRAMER, LTD.
ATTORNEYS AT LAW
150 SOUTH CHAMPLAIN STREET
P.O. BOX 1489
BURLINGTON, VERMONT 05402-1489
KATHLEEN M.BOE
VICTORIA J. BROWN
MATTHEW J. CARTER
ANNE CRAMER
JON R. EGGLESTON
GARY L. FRANKLIN
SHIREEN T. HART
SCOT L. KLINE
MARTIN K. MILLER
MARK A. SAUNDERS
GAIL E. WESTGATE
DOUGLAS J. WOLINSKY
PETER F. YOUNG
COUNSEL:
PATRICIA L. RICKARD
NEIL WHEELWRIGHT
August 1, 2000
Clerk of Development Review Board
575 Dorset Street
South Burlington, VT 05403
Dear Sir or Madam:
TELEPHONE (802) 864-0880 (BURLINGTON)
(802) 229-2218 (MONTPELIER)
TELECOPIER (802) 864-0328 (BURLINGTON)
(802) 229-2513 (MONTPELIER)
Enclosed for filing please find a City of South Burlington Application to Development
Review Board re: appeal from decision of Administrative Officer. In particular, Raymond J.
Belair issued a Notice of Violation regarding 55 Swift Street to Marie and Albert St. Amand.
Attached to the Application is a Request for Stay of Enforcement, along with the
Affidavit of Marie St. Amand. Finally, please find a check in the amount of $85.00.
Please do not hesitate to contact me with any questions or concerns.
Very trul ours,
Shireen T. art
For the Firm
STH/jg
Enclosures
cc: Raymond J. Belair, Administrative Officer
Albert and Marie St. Amand
S:\SHart\st amand\Easy Self Storage\Clerk Development.ltr.wpd
MILLER, EGGLESTON & CRAMER, LTD.
ATTORNEYS AT LAW
150 SOUTH CHAMPLAIN STREET
P.O. BOX 1489
BURLINGTON, VERMONT 05402-1489
KATHLEEN M.BOE
VICTORIA J. BROWN
MATTHEW J. CARTER
ANNE CRAMER
JON R. EGGLESTON
GARY L. FRANKLIN
SHIREEN T. HART
SCOT L. KLINE
MARTIN K. MILLER
MARK A. SAUNDERS
GAIL E. WESTGATE
DOUGLAS J. WOLINSKY
PETER F. YOUNG
COUNSEL:
PATRICIA L. RICKARD
NEIL WHEELWRIGHT
July 24, 2000
Raymond J. Belair
Administrative Officer
City of South Burlington
Department of Planning & Zoning
575 Dorset Street
South Burlington, Vermont 05403
Re: Alleged Zoning Violation, 55 Swift Street
Dear Ray.
TELEPHONE (802) 864-0880 (BURLINGTON)
(802) 229-2218 (MONTPELIER)
TELECOPIER (802) 864-0328 (BURLINGTON)
(802) 229-2513 (MONTPELIER)
This office has been retained by Albert and Marie St. Amand to represent them in the
above -referenced matter. We are in receipt of your letter to the St. Amands dated July 18, 2000.
We are currently reviewing the matter in order to respond to the letter and/or to file a timely
appeal.
In the meantime, please do not hesitate to contact me with any questions or concerns. I
look forward to working with you to resolve this matter.
Very truly yours,
Neil Wheelwright
For the Firm
cc: Albert and Marie St. Amand
S:\SHart\st a and\Easy Self Storage\belair.ltr
REQUEST FOR STAY OF
ENFORCEMENT
APPLICATION NO.
Zoning Violation, 55 Swift Street
Dated July, 18, 2000
Administrative Officer Raymond J. Belair
Albert and Marie St. Amand (the "St. Amands") seek a stay of enforcement of the Notice
of Violation, dated July 18, 2000, issued by Raymond J. Belair in connection with 55 Swift
Street (the "Property")
The St. Amands dispute that they have commenced land development on the property and
seek a stay during the pendency of their appeal submitted herewith, in accordance with 24 V.S.A.
§ 4466.
In order to comply with the mandates of the Notice, the St. Amands must remove a utility
trailer, referenced in the Notice as a mobile home, from the Property. This trailer has been on
Lot 55 for at least ten (10) years and appears on the Site Plan approved by the City of South
Burlington. A permanent, chain link fence has been constructed around Lot 55, such that the
trailer is fully contained within the fence. To remove the utility trailer, the St. Amands must
permanently dismantle the trailer and incur the substantial expense of somehow disposing of the
trailer.
Finally, as to the other parked vehicles referenced in the Notice of Violation, they can
generally be categorized in two ways. First, some of the vehicles belong to individuals who are
currently out-of-state. Second, the remaining vehicles are those which are parked on the
Property either during the daytime or week long (i.e. removed during the weekend). As to those
individuals who are currently out-of-state, the St. Amands request a stay of enforcement because
they are unable to notify these individuals that they must relocate the parked vehicles. The St.
Amands do not have the authority, nor the means (i.e. the ignition key) to move these vehicles.
Based on the foregoing, irremediable damages will result to the St. Amands if a stay of
the enforcement of the Notice of Violation dated July 18, 2000 is not issued.
WHEREFORE, Albert and Marie St. Amand respectfully request a stay of enforcement
of the Notice of Violation, dated July 18, 2000.
Dated this 1 st day of August, 2000.
S:\SHart\st amandTasy Self Storage\Request For Stay.wpd
MILLER, EGGLESTON & CRAMER, LTD.
By: T /�
hireen T. Hart
P.O. Box 1489
Burlington, VT 05402-1489
(802) 864-0880
Attorneys for Albert and Marie St. Amand
2
AFFIDAVIT OF MARIE ST. AMAND
IN SUPPORT OF REQUEST FOR STAY OF
ENFORCEMENT
APPLICATION NO.
Zoning Violation, 55 Swift Street
Dated July 18, 2000
Administrative Officer Raymond J. Belair
The undersigned, Marie St. Amand, under oath, states as follows:
I am one of the owners of the land and premises located at 55 Swift Street.
2. On behalf of the owners of Lot 55, I dispute that land development has been commenced
as set forth in the Notice of Violation, dated July 18, 2000.
3. The Notice of Violation regarding 55 Swift Street, dated July 18, 2000, directs that, in
part, a "mobile home" be removed from the "green space located between the gravel
drive and the southern boundary line" of Lot 55.
4. The utility trailer, which the Notice references as a "mobile home" has been on the
property for more than ten (10) years and appears on the approved Site Plan.
5. There is a permanent, chain link fence surrounding Lot 55, such that the removal of the
utility trailer will require the permanent dismantling of the trailer.
6. If we must remove the trailer, then we will incur the substantial expenses of moving and
disposing of the trailer.
7. Some of the parked vehicles mentioned in the Notice of Violation belong to individuals
who are currently out-of-state. I do not have keys for the vehicles, and I do not have
phone numbers or addresses for these individuals. We are unable to contact these
individuals until they return to Burlington. If we must remove these vehicles, then we
will incur significant towing expenses and storage expenses.
8. The other vehicles parked on the Property are parked there during the daytime or during
the week (i.e. removed on the weekends). In order to get the owners to refrain from
parking their vehicles on the Property, we will reasonably need approximately thirty (30)
days.
9. If a stay of enforcement is not granted, then irremediable damages will directly result,
Date
based on all of the foregoing.
M ie St. Amand
1
Subscribed and sworn to before me this day of August, 2000.
Notary Publ'
My Commission Expires: �0 p
S:\SHart\st amand\E.asy Self StorageVN.St. Amand-Affidavit.wpd If
"I i
AFFIDAVIT OF MARIE ST. AMAND
IN SUPPORT OF REQUEST FOR STAY OF
ENFORCEMENT
APPLICATION NO.
Zoning Violation, 55 Swift Street
Dated July 18, 2000
Administrative Officer Raymond J. Belair
The undersigned, Marie St. Amand, under oath, states as follows:
1. I am one of the owners of the land and premises located at 55 Swift Street.
2. On behalf of the owners of Lot 55, I dispute that land development has been commenced
as set forth in the Notice of Violation, dated July 18, 2000.
3. The Notice of Violation regarding 55 Swift Street, dated July 18, 2000, directs that, in
part, a "mobile home" be removed from the "green space located between the gravel
drive and the southern boundary line" of Lot 55.
4. The utility trailer, which the Notice references as a "mobile home" has been on the
property for more than ten (10) years and appears on the approved Site Plan.
5. There is a permanent, chain link fence surrounding Lot 55, such that the removal of the
utility trailer will require the permanent dismantling of the trailer.
6. If we must remove the trailer, then we will incur the substantial expenses of moving and
disposing of the trailer.
7. Some of the parked vehicles mentioned in the Notice of Violation belong to individuals
who are currently out-of-state. I do not have keys for the vehicles, and I do not have
phone numbers or addresses for these individuals. We are unable to contact these
individuals until they return to Burlington. If we must remove these vehicles, then we
will incur significant towing expenses and storage expenses.
8. The other vehicles parked on the Property are parked there during the daytime or during
the week (i.e. removed on the weekends). In order to get the owners to refrain from
parking their vehicles on the Property, we will reasonably need approximately thirty (30)
days.
9. If a stay of enforcement is not granted, then irremediable damages will directly result,
based on all of the foregoing.
Date f / /00
Subscribed and sworn to before me this
SASHarftst amandTasy Self Storage\M.St.Amand-Afridavit.wpd
� k
Marie St. Amand
day of August,
Notary Public
My Commission Expires:
REQUEST FOR STAY OF
ENFORCEMENT
APPLICATION NO.
Zoning Violation, 55 Swift Street
Dated July 18, 2000
Administrative Officer Raymond J. Belair
Albert and Marie St. Amand (the "St. Amands") seek a stay of enforcement of the Notice
of Violation, dated July 18, 2000, issued by Raymond J. Belair in connection with 55 Swift
Street (the "Property").
The St. Amands dispute that they have commenced land development on the property and
seek a stay during the pendency of their appeal submitted herewith, in accordance with 24 V.S.A.
In order to comply with the mandates of the Notice, the St. Amands must remove a utility
trailer, referenced in the Notice as a mobile home, from the Property. This trailer has been on
Lot 55 for at least ten (10) years and appears on the Site Plan approved by the City of South
Burlington. A permanent, chain link fence has been constructed around Lot 55, such that the
trailer is fully contained within the fence. To remove the utility trailer, the St. Amands must
permanently dismantle the trailer and incur the substantial expense of somehow disposing of the
trailer.
Finally, as to the other parked vehicles referenced in the Notice of Violation, they can
generally be categorized in two ways. First, some of the vehicles belong to individuals who are
currently out-of-state. Second, the remaining vehicles are those which are parked on the
Property either during the daytime or week long (i.e. removed during the weekend). As to those
individuals who are currently out-of-state, the St. Amands request a stay of enforcement because
they are unable to notify these individuals that they must relocate the parked vehicles. The St.
Amands do not have the authority, nor the means (i.e. the ignition key) to move these vehicles.
Based on the foregoing, irremediable damages will result to the St. Amands if a stay of
the enforcement of the Notice of Violation dated July 18, 2000 is not issued.
WHEREFORE, Albert and Marie St. Amand respectfully request a stay of enforcement
of the Notice of Violation, dated July 18, 2000.
Dated this 1 st day of August, 2000.
S:\Sllart\st amandTasy Self Storage\Request For Stay.wpd
MILLS EG ON & CRAMER, LTD.
By:
Shireen T. art
P.O. Box 1489
Burlington, VT 05402-1489
(802) 864-0880
Attorneys for Albert and Marie St. Ainand
7
MILLER, EGGLESTON & CRAMER, LTD.
ATTORNEYS AT LAW
150 SOUTH CHAMPLAIN STREET
P.O. BOX 1489
BURLINGTON, VERMONT 05402-1489
KATHLEEN M. BOE
VICTORIA J. BROWN
MATTHEW J. CARTER
ANNE CRAMER
JON R. EGGLESTON
GARY L. FRANKLIN
SHIREEN T. HART
SCOT L. KLINE
MARTIN K. MILLER
MARK A. SAUNDERS
GAIL E. WESTGATE
DOUGLAS J. WOLINSKY
PETER R YOUNG
COUNSEL:
PATRICIA L. RICKARD
NEIL WHEELWRIGHT
August 1, 2000
Raymond J. Belair
Administrative Officer
City of South Burlington
Department of Planning & Zoning
575 Dorset Street
South Burlington, Vermont 05403
Re: Alleged Zoning Violation, 55 Swift Street
Dear Mr. Belair:
TELEPHONE (802) 864-0880 (BURLINGTON)
(802) 229-2218 (MONTPELIER)
TELECOPIER (802) 864.0328 (BURLINGTON)
(802) 229-2513 (MONTPELIER)
Enclosed herewith please find a copy of Albert and Marie St. Amand's notice of appeal to
the City of South Burlington Development Review Board, along with the filing letter, Request
for Stay of Enforcement and Affidavit of Marie St. Amand. The St. Amands dispute the
assertion that they have commenced land development pursuant to either 24 V.S.A. § 4303(3) or
Section 28.123 of the South Burlington Zoning Bylaws.
Although the St. Amands have filed this notice of appeal to preserve their rights, it is our
hope that we can resolve this matter to the satisfaction of the Development Review Board
without the need for a hearing.
To that end, the St. Amands have offered to construct a six-foot (6) stockade fence along
the southern boundary of Lot 55 to shield the neighbors along the southern boundary line from
the sight of the vehicles mentioned in your Notice of Violation.
In the alternative, the St. Amands are willing to meet with you and/or the neighbors who
have complained in order to discuss other remedial measures.
Please do not hesitate to contact Neil Wheelwright or me with any questions or concerns.
MILLER, EGGLESTON & CRANMR, LTD.
Raymond J. Belair
Administrative Officer
August 1, 2000
Page 2
Again, it is the St. Amands' intention and hope to resolve this matter without resorting to a
hearing.
Thank you for your consideration.
Ve ly yours,
Sliireen T. Hart
For the Firm
STH/ab
Enclosures
cc: Albert and Marie St. Amand
S:\SHart\st amand\Easy Self Storage\Belairltr2.wpd
MILLER, EGGLESTON &. CRAMER, LTD.
ATTORNEYS AT LAW
150 SOUTH CHAMPLAIN STREET
P.O. BOX 1489
BURLINGTON, VERMONT 05402-1489
KATHLEEN M.BOE
VICTORIA]. BROWN
MATTHEW J. CARTER
ANNE CRAMER
JON R. EGGLESTON
GARY L. FRANKLIN
SHIREEN T. HART
SCOT L. KLINE
MARTIN K. MILLER
MARK A. SAUNDERS
GAIL E. WESTGATE
DOUGLAS J. WOLINSKY
PETER F. YOUNG
COUNSEL:
PATRICIA L. RICKARD
NEIL WHEELWRIGHT
August 1, 2000
Clerk of Development Review Board
575 Dorset Street
South Burlington, VT 05403
Dear Sir or Madam:
TELEPHONE (802) 864-0880 (BURLINGTON)
(802) 229-2218 (MONTPELIER)
TELECOPIER (802) 864-0328 (BURLINGTON)
(802) 229-2513 (MONTPELIER)
Enclosed for filing please find a City of South Burlington Application to Development
Review Board re: appeal from decision of Administrative Officer. In particular, Raymond J.
Belair issued a Notice of Violation regarding 55 Swift Street to Marie and Albert St. Amand.
Attached to the Application is a Request for Stay of Enforcement, along with the
Affidavit of Marie St. Amand. Finally, please find a check in the amount of $85.00.
Please do not hesitate to contact me with any questions or concerns.
Very truly yours,
Shireen T. Hart
For the Firm
STH/jg
Enclosures
cc: Raymond J. Belair, Administrative Officer
Albert and Marie St. Amand
SASHart\st amand\Easy SeirStorage\Clerk DevelopmentAr.wpd
City of South Aurlington Official Use
Application to Development R.oviow Board
APPLICATION #
HEARINO DATE
FILING DATI3
FEE AMOUNT _
Nanteofapplicant(s) Albert and Marie St. Amand
Address. 61 S. Willard..St.;' Burlington. Tciopbono# ...658-6252
05401
Represented by Shireen T. Hart, Miller, EQQ1ps1 on & Cramer, Ltd.
Landowner Albert and Marie St Amand
Location and doscriiption of property
55 Swift Street
AdJaeent property owner(c) A Addmcc
Type of application check one: (Kj(q)peal from decision of Administrator Oflioer (includes appeals. from Notice of Violation)
( ) request for a conditional use ( ) request for a variance i() other request f or stay of enforcement
I understand the presentation procedures required by State Law (Section 4469 of the Planning & Development Act). Also that
hearings ure held twice u month (second and fourth Mondays). nut a legal advertisement must appear u minimum of fifteen (15)
days prior to the hearing. I agree to pay a hoaring foe whlolt is to ofy-set the oost of hearing_
Provision of zoning ordinance in uestinn
24 V.S.A. SS4443 a 1 Section 27.10
Reason for appeal Disagree with assertion of land development
Other documentation Affidavit .of.. Marie St. Amand in support o f ,.Request for.. Stay .__ .
of Enforcement
Date
^ SOC)'1H 13 )RLIN(7'f4N ZONING NOTICE
Signature
)n accordance with tic South Burlington Zoning R.cgulatiqus and Chapter 117, ThIc 24 V.S.A, the South Burlington
Dcvclupincnt Rcdcw Buanl will hold a public hctuing to the South Durlingum Munlcipul Oflic:cs, Confcranc c Rouny 515 Durcct
Strcct, South Durlington, Vcnnont on Tuesday, , at 7:30 P.M. to consldt,-r the following:
Application of
seeking a from Scction
of the South Burlington Zoning Regulations. Request is for permission to