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Home My WebLink AboutCU-96-0000 - Supplemental - 0057 Swift Street4) MARK STEPHENS/LEAN BRITCH - 57 SWIFT STREET Area zoned C-1 District. Section 26.00 Non -conforming uses, sub section 26.003 extension. Existing use residential and warehousing (baked goods delivery) under variance 1/14/85. Proposed use keeping of domestic farm animals is conditional use within all residential districts (minimum lot area 10 acres). Type of animals to include peacocks, chickens, geese, sheep, goats and rabbits. Lot area 100'x 150' - 15,000 square feet. City of S011th B111•1int;tOli 575 DORSET STREET SOUTH BURLINGTON. VERMONT 05,103 FAX 650.4740 PL-ANNER 656.7955 Mr. Mark Stephens 57 Swift Street South Burlington, Vermont Re: Zoning violation Dear Mr.. Stephens: This office has received a Office that you are keeping your property Located at 57 September 14, 1994 05403 EXH1BtT E ZONING ADMINISTRA' 6513-7958 complaint from the Animal Control geese, ducks, rabbits and chickens on Swift Street. Be advised that your area is zoned Commercial 1 District which prohibits any agricultural use. The keeping of domestic farm animals is permitted within large residential lot areas such as the Southeast Quadrant-. Since you have not secured permission to keep farm animals, you are in direct violation. In order to prevent any further legal action on behalf of the City, you will be required to remove the animals from your property or apply for a variance from the 'Zoning Board of Adjustment. This matter must be resolved within ten (10) days from receipt of this letter. If you have any questions pertaining to this matter, please don't hesitate to call me. Very truly, Richard Ward, Zoning AdminisLraL_ive Officer. RW/mcp PLANNER 658.7955 Mr_. Mark Stephens 57 Swift Street South Burlington, Dear Mr. Stephens: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658.4740 Vermont 05403 December 15, 1995 E EXHIBIT 13 70NING ADMINISMATon G50-795t) On September. 14, 1994, you were advised by this office of a zoning violation. Keeping domestic farm animals is not a permitted use within your area. An inspection of your property has revealed that you have added animals to include goats, turkeys and doves. Pursuant to 24 V.S.A. Section 4444 you have seven (7) days in which to cure this violation. In order to cure the violation, you must remove all animals from your property or apply for a variance from the Zoning Board of Adjustment. If the violation is not cured within seven (7) days you will be subject to legal action and fines of up to fifty ($50.00) dollars per day for each day the violation continues. If you do not agree with this "Notice of Violation" you may appeal it to the Zoning Board of Adjustment in writing within fifteen (15) days of today's date. If you have any questions regarding this matter, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp cc: Attorney Steven Stitzel Certified letter RZ 185 845 980 l I I i l I i i 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 F1 I - - 1 i-- - mveimommmool =MEMMMM I b d-orn i� i1x� Cown , rfo C. Yl�hl�X�r C3� n`�DV k' CIYI d kca , SV"QVL mUe l' Se f--r) 0 dildo, Ylei I�r ov �\V� vS , f( -A,-k it V-'/ i,--- C)� AU)3 0) oy�->n' Gee v�sii-4-I�re- -��cc�l �iil� V_ rd (-4� af-vi frck�> o(A� are a��js � , cle� a►� cue l ( rc�mec� a�luelLl no re_c�� dicTTOP+ +VY,cl— GYIi (nQ�S. - -iC)' lit)m IJ. n C-(-)ruf n , ond V-)ave- wvw s� Can r� -I-�K,em��h Cave CV,r aria �S a. do, )-v v C- L�� 1'tSl� �� `lCc�� i �'� �� +rC� <�� an��s en �u�-I ' r `�i a �. a��s c.d� , cle� Oxj cvc��me�� -ih� r ; 5ab-E)3l6&� no r-e-cta'e-�' -�-6 di�u�� +�C_ U T�� Ov, On9 i ) : 'i'hom i t may concern , rn,prk an:' lea are, my nei7hhors there animals arp P l,ways *ed clean and happy. wp Jo all the time to see her animals. she has them fenced un saf cly . �%Pr ? n i mal s are alAys happy ?ecause she takes 7ood care of them. sincerly, ashley terry Leah M. Britch 57 Swift Street South Burlington, December 9, 1995 Cynda Williams P.G. Box 542 Richmond, Vermont 05477 802-434-3400 Vermont 05403 To Whom it May Concern, I have known Leah Britch for over seven years. In that time, I have never observed her doing anything which might lead me to believe she would knowingly injure, hurt or in any way compromise any animal which has been in her care. She has taken care of award - winning, pure - bred Morgan horses, some which have been high - spirited and unruly. Never once did she use the cruel methods which some of the other horse handlers employed. On more than one occasion, she endangered her safety while ensuring these most valuable horses were properly taken care of. I have seen her take care of sick and injured animals with the most caring attitude and achieve wonderful results. Leah has a way with animals when they are ill and in pain, her kindness allows them to trust her. Her animal savvy and compassion has drawn the envy of others who would emulate her ability with animals, but are not able. As an animal lover, I would confidently leave my animals in the care of Leah Britch at any time. Sincerely, � Cyn a Williams 1 No Text To Whom it may concern, I'm writing this letter on behalf of my neighbor, Leah Stevens. One day while taking our daily afternoon walk, my 3 year old son and I noticed a little girl and her younger brother playing out side in their backyard. Because my son had no children to play with on our street, I was eager to meet her family. Upon meeting her family, Leah also introduced my son and I to her critters. I was shocked! For the past year and a half, we had no idea that ducks, geese, goats, and other foul lived only 2 doors up the hill from us! They never made any noise except when Nick and I came over on our future visits. Leah is the most knowledgeable person I ever met, when it comes to her animals. My son and I learned so much about there handling and care. When I was having problems with my cockatiels, not only did Leah trouble shoot the problem, but, she helped administer the medication. My vet was cluless on how to make bird take it, but Leah came to my rescue. Leah takes great care of her critters. They are fed and watered every day. This I can testify to because that is usually the time my son and I show up for our visits. If any thing, Nick and I have benefited greatly from meeting Leah and her family and her critters. I know, I have learned allot. I'm sure the other neiborhood children love having a smaller version of a petting zoo on their street. Sincerely, Michelle N. Hayes d ,, f. �� .__", 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 Mu- nicipal Offices, Confer- ence Room, 575 Dorset Street, South Burlington, Vermont on Monday, Feb- ruary 12, 1996 at 7:00 P.M. to consider the fol- lowing: #1) Appeal of Dean Zoecklein agent, EZP Golfco, Inc., seeking ap- proval from Section 6.20 Conditional uses, sub section 6.201 Outdoor recreational facilities of the South Burlington Zon- ing Regulations. Request is for permission for con- struction of a planned res- idential development consisting of 190 single family Tots and 40 multi- family units and a 18 hole golf course on approxi- mately 450 acres of land located east and west of Dorset Street south of Swift Street. #2) Appeal of Atlantic Orient Corporation, Peter Hughes agent seeking ap- proval from Section 25.113 Height of struc- tures 8 Section 22.60 View Protection Zone of LEGAL NOTICES 1 LEGAL NOTICES 1 l the South Burlington Zon- ing Regulations. Request is for permission to erect a meteorological tower at a height of eighty-two (82) feet, on a lot containing a wind turbine generator lo- cated at 1020 Hinesburg Road, d.b.a. Dynapower Corporation. #3) Appeal of Technology Park Associates, Inc., John Illick seeking appro- val from Section 26.65 Multiple uses of the South Burlington Zoning Regula- tions. Request is for per- mission to occupy an existing 275,000 square feet structure with per- mitted uses to include light manufacturing gener- al offices, warehousing and food service located at 115 Kimball Avenue formerly Digital Equip- ment Corporation. #4) Appeal of Mark Ste- phens and Leah Britch seeking a variance from Section 26.00 Noncon- forming uses, sub -section 26.003 extensions of the South Burlington Zoning Regulations. Request is for permission to keep domestic farm animals in conjunction with a resi- dential/commercial use on a lot containing 15,000 square feet, located at 57 Swift Street. #5) Appeal of Walter and Dena McCutchen seeking a variance from Section 25.00 Dimensional re- quirements, front yards of the South Burlington Zon- ing Regulations. Request is for permission to con- struct a 12'x18' porch ad- dition to within twenty-two (22) feet of the required front yard located at 24 Victoria Drive. #6) Appeal of Royal and Robert Chittenden seek- inapproval from Section 6.307 Accessory resi- dential unit and Section 26.65 Multiple uses of the OontlrMNd Next Column I CondnuW Nut Coluin South Burlington Zoning Regulations. Request is for permission to convert existing storage area into a second floor residential apartment containing ap- proximately 1160 square feet in conjunction with an existing agriculture/horti- culture use, d.b.a. Chit- tenden Cider Mill located at 1580 Dorset Street. Plans are on file with the South Burlington Planning and Zoning Office, lo- cated at City Hall, 575 Dorset Street, South Bur- lington, Vermont. Richard Ward Zoning Administrative Of- ficer January 27, 1996 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 29, 1996 Ms. Leah Britch 57 Swift Street South Burlington, Vermont 05403 Re: Zoning Hearing Dear Ms. Britch: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 575 Dorset Street on Monday, February 12, 1996 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, �7 Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl City of South Burlington Application to Board of Adjustment Otticial Use APPLICATION # -/ HEARING DATE C" Date Applicant Owner leasee, agent Address ' Telephone # Landowner�� Location and description of property FILING DATE ( ` a� �� v� FEE AMOUNT '0�O i Address Type of application check one ( ) appeal from decision of Administrative Officer( )request for a conditional use ( ) request for a variance. I understand the presentation procedures required by State Law (Section 4468 of the Planning & Development Act). Also that hearings are held twice a month (second and fourth Mondays). That a legal advertisement must 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 ' 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 Signature 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 Month and Date Appeal of / seeking a j/,,� from Section c�'/,u ® %�✓ %1'� �� to consider the following: rim-t-i- '-'X of the South Burlington Zoning Regulations. Request is for permission to ---------- - �C,e�G: C) �Q. / SlliVliN P. Sfll'Zlil. PATH R. PAGE. JOSITH S. WAXAN ('AISO ADMITTED IN N.Y.) STITZEL & PAGE, P.C. A170RNEYS AT LAW 171 13NI'TF,RY STREET BURLINGTON, VERMONI' 05401-5210 (802) 660-2555 (VOICUMD) Fax (802) 660-2552 January 19, 1996 Mr. Mark Stephens 57 Swift Street South Burlington, VT 05403 Re: City of South Burlington v. Mark Stcphens Dear Mr. Stephens: OF COUNSEL ARTHUR W. CERNOSIA RORFRTE. R.ETCHER Enclosed please find a copy of a Summons and Complaint in the above -referenced matter. In the interest of avoiding the cost of service by a sheriff, I have also enclosed a Notice and Acknowledgement of Receipt of Summons and Complaint. Please sign the Acknowledgement, and return it to this office. Please be sure to call if you have any questions. Sincerely, c los"eph S. McLean JSM/map Enclosures cc: Richard Ward SON1998.COR STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON ) Plaintiff, ) CHITTENDEN SUPERIOR COURT V. ) Docket No. MARK STEPHENS, ) Defendant. ) SUMMONS TO THE ABOVE -NAMED DEFENDANT MARK STEPHENS: You are hereby summoned and required to serve upon Joseph S. McLean, Esq., Plaintiff's attorney, whose address is 171 Battery Street, Suite 3, Burlington, Vermont 05401-5210, an answer to the Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Your answer must be filed with the Court. Unless the relief demanded in the Complaint is for damage covered by a liability insurance policy under which the insurer has the right or obligation to conduct the defense, or unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you may have against the Plaintiff, or you will thereafter be rred from making such claim in any other action. Dated at Burlington, in the County of Chittenden and State f Vermont, this 11 day of January, 1996. r .LIT J eph S. McLean, Esq. 'ITZI?I, G PAG]". P.C. ATTOHNKFS AT I,AW 171 RV11F10 F'I'HIA:I STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON, ) Plaintiff, ) V. ) MARK STEPHENS, ) Defendant. ) CHITTENDEN SUPERIOR COURT Docket No. COMPLAINT NOW COMES the City of South Burlington, by and through its attorneys, Stitzel & Page, P.C., and for its Complaint states as follows: 1. The City of South Burlington is a Vermont municipality situated in Chittenden County. 2. At all times material to this Complaint the City of South Burlington has had zoning regulations in effect. 3. Mark Stephens owns property located at 57 Swift Street in the City of South Burlington. 4. Mr. Stephens has allowed domestic farm animals, including geese, ducks, rabbits, chickens, goats, turkeys and doves, to live on his property. 5. At no time has Mr. Stephens applied for or received approval from the City of South Burlington for permission to keep such domestic farm animals on his property. 6. Keeping such domestic farm animals without having first obtained approval under the City of South Burlington Zoning Regulations constitutes a violation of such regulations. T17FI, x i"U"K, PA ATTOHNIi 'S AT LAW 1 171 1l A'f'I'P;HV' "I REEF IiI'IA(IION, A'Ie k P IOA F05 IM 7. On or about September 14, 1994, the City of South Burlington provided Mr. Stephens with written notice of the violations pertaining to keeping domestic farm animals on his property. A true and correct copy of said notice, marked as Exhibit A, is attached hereto. Mr. Stephens did not appeal from that notice. 8. On or about December 15, 1995, the City of South Burlington again provided Mr. Stephens with a written notice of the violations pertaining to keeping domestic farm animals on his property. A true and correct copy of said notice, marked as Exhibit B, is attached hereto. Mr. Stephens did not appeal from that notice. 9. In spite of said notice, Mr. Stephens has failed and/or refused to comply with the requirements of the City of South Burlington Zoning Regulations as of the date of this Complaint. WHEREFORE, the City of South Burlington requests this Court to enter an Order granting the following relief: 1. Direct Mr. Stephens to immediately remove the domestic farm animals from his property. 2. Permanently enjoin Mr. Stephens from keeping domestic farm animals on his property without first obtaining a variance from the requirements of the City of South Burlington Zoning Regulations. 3. Award the City fines of Fifty Dollars ($50.00) per violation, for each day that Mr. Stephens has been in violation of the City of South Burlington Zoning Regulations from December 22, 1995. T17F1, S PAGE, 1'.C. ATTOI?NFY'Al ],AvV 2 71 II rri<er S 111:1-r Vi L�Ml'(n �. Vh:R V1(�,A1' n5-Inl 4. Award the City such other relief as the Court deems proper. Dated at Burlington, Vermont, this day of January, 1996. STITZEL & PAGE, P.C. Attorneys for the City of South Burlington By: Jddeph S. McLean, Esq. 171 Battery Street Burlington, VT 05401 SON321.LIT & p.r AT'lMINF SnrkAW 3 i,i IM 11,H) STUFr:T I'HLl\(;,I71V. A FRNMNT gLlnl STJTZFL & PAGF, P.C. ATTOI?NEYS AT LAW 171 It:NTI'I RN S'I 1W11I' S l'Ii I,IM;WN. \'I, It N1(IN "1'fl.', 1III STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON, Plaintiff, V. MARK STEPHENS CHITTENDEN SUPERIOR COURT DOCKET NO. Defendant. NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT Notice To: Mark Stephens Enclosed are a summons and complaint which are served on you under Rule 40(1) of the Vermont Rules of Civil Procedure. They have been sent to you because you are a defendant in this civil action. Part of this form is an acknowledgement that you have received the enclosed summons and complaint. You must sign and date the acknowledgement. On or before February 8, 1996 (20 days after mailing of this notice), one completed copy of this acknowledgement must be received by the sender at the following address: Joseph S. McLean, Esq. Stitzel & Page, P.C. 171 Battery Street - Ste. 3 Burlington, VT 05401-5210 A preaddressed and stamped envelope is included herein for this purpose. If you do not complete and return the form to the sender so it is received within 20 days after mailing of this notice, you may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law. If you do complete and return this form, you must answer the enclosed complaint within 20 days from the date that you sign the acknowledgement. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. 1 I declare that this Acknowledgement of Receipt of Summons and Complaint was mailed on the date shown below. STITZEL & PAGE, P.C., January 19, 1996 By: seph S. McLean, Esq. member of the firm Acknowledgement of Receipt of Summons and Complaint I declare and certify that I received a copy of the summons and complaint in the above -captioned matter at the following address: Mark Stephens 57 Swift Street South Burlington, VT 05403 (Date of Signing) Mark Stephens NOTE: YOU MUST DATE THIS ACKNOWLEDGEMENT OR IT IS INEFFECTIVE. SON322 A I T STITZ11:I1 & 1'AGI';. PA". VTTOItNKYS AT IA 2 I;] H\'f'1'Vin 5T1?IS1, Va4,6�� f-, a4-Zt4,e� Z�-