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ZB-88-0000 - Supplemental - 0067 Swift Street
Vermont P.O. Box 467, Burlington, Vermont 05402 802-863-4511 June 24, 1988 Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Appeal of Roland Booska at 67 Swift Street to be heard June 27, 1988 Dear Mr. Ward: Vermont Gas Systems, Inc. has been notified of Mr. Booska's appeal to fill with earth products 6,000 S.F. of land immediately adjacent to our westerly boundary. Although we do not object to the filling of this area, we are very concerned about slope stability and drainage onto our property. We request that if a permit is given to Mr. Booska, it includes regulations requiring the slope to be planted with erosion control trees, shrubs and/or grasses to prevent a washout from occurring and proper drainage measures to route surface and ground water away from our pipeyard. RAJ:ejp of Vermont Gas Systems, Inc. -5- Mr. Thibault moved that the filling be approved per the stipulations This was seconded by Mr. Graf and all voted aye. This was unanimously approved per the stipulations. No. 4 Appeal of Roland Booska Appeal of Roland Booska seeking approval from Section 19.35 Filling with earth products, request is for permission to fill an area containing approximately 33,000 square feet to a maximum depth of 25 feet, located to the rear of the Econo Lodge, 1176 Williston Road. Mr. Ward said this is the same as Tygate Properties. Area in question approximately 6000 square feet to the easterly side (abuts Vt. Gas Systems) to a maximum depth of 15 feet. See Bill Szymanski's comments. Mr. Blais read the Memo from Mr. Szymanski dated June 17, 1988 as follows: I. Fill should be clean. It should not include trees, stumps or demolition waste. 2. Plan prepared by Civil Engineering Association dated May 26, 1988 is acceptable. Mr. Ward said this is the lot where we recently approved the mini warehousing on the south side of Swift St. - the other half of the lot. Mr. Wade Booska said we just want to clean up the lot and even up the back part of it. Mr. Condos said I would like to stipulate that if this is approved that it adhere to the memo from Mr. Szymanski dated June 17, 1988 This was seconded by Mr. Graf and all voted aye. Mr. Thibault made the motion that we approve it as warned. This was seconded by Mr. Condos and all voted aye. This was unanimously approved as stipulated. No. 5 Appeal of James D. Wood Appeal of James D. Wood seeking approval from Section 19.65 Multiple uses, sub section 19.652, request is for permission to construct an 80' x 100' building on a lot containing 41,370 square feet and a 80' x 120' building plus 1000 square feet of office area on a lot containing 41,064 square feet (lots 15 & 16 respectively) occupying both buildings with a dual use, located at Ethan Allen Industrial Park. Mr. Ward said the area is I-C District. Section 19.65 Multiple uses sub section 19.652 "more than one use per structure". Development of lots 15 & 16 in question. Lot #16 120' x 342.2 = 41,064. Proposed building 80' x 120, - 9,600 square feet plus 2 - 12' x 40' office areas. Dual permitted and/or conditional uses proposed. Lot designed between two streets, entrance off each (Planning Commission approval for site plan review complete). Lot #15 similar to lot #16, lot 120' x 344.7 - 41,370 square feet. Proposed building 80' x northeaAern Culvert BOX 40,WESTMINSTER STATION, VT 05159 CORPORA TI N A SUJRSIDIARY OF BURT EQUIPMENT COMPANY. INC. i G�-� 112 OUTSIDE VERMONT INSIDE VERMONT 800-451-4401 802-722-3358 800-622-4503 BOOSKA, Roland 67 Swift Street Same as Tygate Properties Area in question approximately 6000 square feet to the easterly -� side (abuts Vt. Gas Systems) to a maximum depth of 15 feet. See Bill Szymanski's comments. SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Reggulations 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 Monday, June 27, 1988, at 7:00 P.M. to consider the following, N 1. Appeal of Robert Bates seeking a variance, from Section 18.00 Dimensional requirements of the South Burlington Regulations. Re- quest is for permission to construct a 10' x 12'.6" kitchen addition and a 14' x 22'.6" Qarage to within eight 181 teat of the wester- ly side yard, at 35 Baldwin Avenue. M2. Appeal of South Burling- ton Fire Department seeking appproval from Section I VI 12 Height of structures sub section E of the South Burlington Regulations. Re- quest is for permission to erect a radio tower and antenna fifty nine (59) feet high which exceeds normal height limitations, at the fire sub station, 3 Holmes Road. f13. Appeal of Tygote Prop- erties d.b.a. Econo Lodge seekingg a oval from Sec- tion 19.3 Filling with earth roducts of the South Bur- Pngton Regulations. Request is for permission to fill an area containing approxi- mately 33,000 square feet to a maximum depth of 25 feet, located to the rear of the Econo Lodge, 1076 Wil- liston Road. k4. Appeal of Roland Boos- ka seekingg approval from Section 19.35 Filling with earth products of the South Burlington Regulations. Re- quest is for permission to fill an area containing approxi- mately 6000 square feet to an average depth of 15 feet, located at 67 Swift Street. M5. Appeal of James D. Wood seeking approval from Section 19.65 Multiple uses, sub section 19.652 of the SOUin Budingtoti Rogula- tions. Request is for permis- sion to construct an 80' x 100' buildingg on a lot con- taining 41,370 square feet and an 80' x 120' building plus 1000 square feet office area on a lot containing 41,064 square feet (lots 15 & 16 respectively) occupy- ing both buildings with a dual use, located of Ethan Allen Industrial Park. M6. Appeal of Green Tree Park, Inc., Ken Desmond seeking approval from Sec- tion 19.65 Multiple uses, sub section 19.652 of the South Burlington Regula- tions. Request is for permis- sion to construct a 15,144 square foot building occupy- ing with o maximum of three (3) uses, on a lot containing 1.8 acres, lot 06, Green Tree Park. Richard Word, PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 June 13, 1988 Wade Booska Booska Trucking 64 Swift Street South Burlington, Vermont 05403 Re: Zoning hearing Dear Mr. Booska: 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, South Burlington on Monday, June 27, 1988 at 7:00 P.M. to consider your zoning application. Please plan to attend this meeting. Very truly, truly, . Richard Ward, Zoning Administrative Officer RW/mcp City of South Burlington Application to Board of Adjustment )ate i 01-r��" Official Use APPLICATION It 99 -ca 7 HEARING DATE Z / FILING DATE applicant Address G� FEE AMOUNT--� Own r, 1 asee, agent tl D ,n Yl Telephone # ,andowner / © ,/ pb' .ocation and description of Address L/ f/�,(Tel # property .ype of application (check one ( ) appeal from decision of Administrative )ffice ( ) request for a conditional use ( ) request for a variance. understand the presentation procedures required by State Law (Section 4468 Df the Planning & Development Act). Also that hearings are held twice a nonth (second and fourth Mondays). That a legal advertisment must appear a ninimum of fifteen (15) days prior to the hearing. I agree to pay a hearing _ee which is to off-se.t the cost of the hearing. ?rovisions of zoning ordinance in question Reason for appeal The owner or applicant should submit along with this application (8 copies) )lans, elevations, landscaping diagrams (drawn to scale) traffic dat and any Dther additional information which will serve as upport evidence t the Board. Hearing Date Sign-at-ure of Appellant Do not write below this line ------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE :n accordance with the South Burlington Zoning Regulations and Chapter 117, Fitle 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold 3 public hearing at the South Burlington Municipal Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on (month and d9;�� Appeal of (Day of week) at to consider the following: Time seeking from Section 4&4 i"A ell of the South Burlington Regulations. Request is for permission to �,.. 76< C �itst� ,30 '* SOUTH BURLINGTON ZONING REGULATIONS Page 45 c. Mechanisms and techniques to be used in restricting the emission of any hazardous and objectionable elements, as well as projected or acutal emission levels. d. Method of delivery and disposal or recycling of any hazardous elements. e. Other information as may be necessary. 19.304 Conditions of Approval The Board of Adjustment, in granting conditional use approval, may impose conditons on the following: a. Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operation. b. Warning systems, fire controls and other special safe- guards. c. Provision for continuous monitoring and reporting.. d. Other restrictions as may be necessary to protect public health and safety. 19.35 Removal of or Filling with Earth Products In any district, removal of or filling with loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with the construction of a building on the same lot, shall be permitted only on approval of the Board of Adjustment after public notice and public hearing. 19.351 Application shall include specific information pertaining to the following factors and such other information as ' the Board of Adjustment may require. a. Depth of.excavation, in proximity to roads or adjacent properties. b. Existing grade and proposed grade created by removal or addition of material. c. Effect upon public health and safety. d. Creation of a nuisance. e. Effect upon public health and safety. f. Effect upon traffic hazards in residential areas or excessive congestion or physical damage on public ways. I g. Erosion potential due to removal of vegetative cover. SOUTH BURLINGTON ZONING 1ULATIONS Page 46 19.352 Conditions of Approval The Board of Adjustment, in granting its approval, may impose conditions on the following: a. Duration of the permit for any length of time that the Board deems appropriate. b. Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. c. Hours of operation, routes of transportation, and amount of material to be removed. d. Provision of a suitable bond or other security adequate to assure compliance with the provisions of this section. 19.353 Flood Plains Withi.n the Flood Plain District, excavation of earth• products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table or will interfere with the natural flow patterns or reduce the flood stage capacity. 19.354 Exclusion The provisons of this section shall not apply to the removal of earth products from an operating farm, nursery, or cemetery to the extent that such removal is necessary to the operation of same. Permission must be obtained from the City Manager. 19.40 Home Occupations Nothing in these regulations shall infringe upon the right of any resident to use a minor portion of a dwelling for an occupation which is customary in residential areas and which does not change the character thereof. Signs may be as allowed by the City Sign Ordinance, and not more than two persons shall be employed in addition to the owner or tenant. A certificate of occupancy shall be issued by the Administrative Officer only if the request is in conformance with the above. 19.45 Airport Approach Cones Notwithstanding the provisions of any other section(s) of these regulations, the uses permitted in any district in the Airport Approach Cones, as shown on the Zoning Map, shall be permitted subject to the following limitations: i 19.451 No use shall be permitted which will produce electrical interference with radio communications or radar oper- ations at the airport. 19.452 No use shall be permitted which could obstruct the aerial approaches to the airport.