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HomeMy WebLinkAboutBATCH - Supplemental - 0079 Swift Street (2)r outbburlingtwial l PLANNING & ZONING May 6, 2013 Patrick & Terese Ayer P.O. Box 9451 So. Burlington, VT 05407-9451 Re: Zoning Violation — Parking of Cars — 79 Swift Street Dear Mr. & Mrs. Ayer: It has come to my attention that vehicles for sale are being stored and/or parked on the front lawn of your property at 79 Swift Street. This property has not been approved for the sale of automobiles, therefore the use of your property in this manner must cease immediately. No vehicles may be stored or parked on the front lawn nor may any vehicles be sold from the property. Should you have any questions, please feel free to contact me. Sincerely, Raymond J. Belair Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 02/28/2013 City of South Burlington Grand List Page 1 of 1 09:55 am Parcel Report ray For Parcel: 1700-00079. AYER PATRICK B & TERESE Name AYER PATRICK B & TERESE P O BOX 9451 SOUTH BURLINGTON VT 05407 Location 911 79 SWIFT ST Tax Map 28-028-000 Desc. .57A, DWL Codes: (1) (Category)R1 (Equipment) (Owner)T Wood Crop Pasture Other Site Total Acres: 0.00 0.00 0.00 0.00 0.00 0.57 Real Land Building Equipment Inventory Values: 282,000 79,000 203,000 0 0 Homestead Veterans Farm Stab. L.U. Acres Land Use 282,000 0.00 0.00 0.00 0.00 Contract Lease Prev. Egpm Land Use Amt Prev. Real 0 0.00 0 0.00 282,000 Housesite Special Exmp Grand List 282,000.00 0.00 2,820.00 Misc: Status: T Bill #: 10606505 Updated: 06/14/2011 Last sale was: Valid on 02/10/2006 for $270000 recorded on 741/493 Grievance Info: Flag: N Remarks: (1) Misc Fields: (0): 104154000 (8) : N (9) : 0 SPAN: 600-188-11470 L 4. ZONING BOARD OF ALJUSTMENT S PTE14BER 22, 1980 moving into the area, however, it is hard for a small agency to survive and he cannot do it with 2 people. He presently lives alone in the home. Externally there would be few changes (such as the parking area, which will be extended with crushed stone) and internally there would be few also. Mr. Tripovich said he was required to have 5 parking spaces and he has shown 6. Real estate does not generate a lot of traffic, he said. He said that most buildings in the area were used for businesses. The living area after the change will be small - a little over 500 sq. f t. and Tor. Graves had a problem with that unless it were used by Ivir. Tripovich only. Mr. Tripovich had no problem with such a stipulation. Mr. Dinklage moved to _vote on this appeal with the following stipulation: that if ap-proval is granted, it will only be granted for the time during which Mr. Tripovich personally occupies the upstairs apartment as his personal residence and that this right is not transferable to a new owner of the :property. Mr. Guyette seconded the motion and all voted for it. The appeal was granted unanimously as per stipulation. No. 5 Appeal of Donald and Jacqueline Brown Appeal of Donald and Jacqueline Brown, seeking a variance from Section 11.00, Dimensional requirements of the South Burlington Zoning Regulations. Request is for permission to construct a 14' x 30' garage to within ten (10) feet of the northerly side yard at 41 Berkley :street. Mr. Ward said the area was zoned R4 and that the minimum required side yard was 15%. The garage will be detached. Mr. Gene Elmore represented the Browns. He showed the board the layout. There is presently a drive which is 2-3' from the house and 10' wide. The garage will be put at the end of this and straight down. To meet the 15' requirement, the garage would have to be offset and it would be harder to get cars into it. It is a 1 car garage, but it will have room for storage. The garage cannot be on the other side of the house because there is no entrance to the home from that side. A neighbor, Garner Barnum, stated that he did not object to the plan and he noted that the 15' minimum was instituted after the neighborhood was built. He added that all the structures had 10' sideyards and that this was the only home without a garage. The appeal was granted on a 6 yes to 1 no vote. No. 6 Appeal of Raymond Couillard Appeal of Raymond Couillard seeking a variance from Section 13.00, Non- conforming uses and structures (extension) of the South Burlington Zoning Regulations. Request is for permission to construct an addition 14' x 16' to an existing garage which is operating as an auto body repair shop, at 79 Swift Street. Mr. Ward told the board the area was zoned C1 and that on May 5, 1975 a variance was granted to operate an auto body repair shop from an existing garage in conjunction with a residential dwelling. On September 3, 1976 a variance was granted for the 16' x 30' addition. Proposed is a second 14' x 16' addition. The garage is to the rear of the property. Mr. Jim Couillard explained that the main reason for the request was that they had a lot of cars coming in for work and they need room to store parts, in 5. ZONING BOARD OF ADJUSTMENT SEPTEMBER 22, 1980 a place outside the work area. Storage inside will also make it less likely that the expensive parts will be stolen. They would also like to have the air compressor in the storage room to cut down on noise for them and for customers. They will also add a slab on which to do sandblasting, but no permit is needed for this. Mr. Ward noted that with the 1975 variance had been a stipulation for no more than 5 vehicles being outside at any one time and this had been adhered to. The Couillard family occupies the house on the lot. It 'was understood that the 5 car limitation would be continued and Mr. Couillard understood that. Mr. Homer Theriault said he was a neighbor. The garage is 2-3' from the property line and he did not think it should be that close. He noted that the garage had an.exhaust fan and said he did not know if it blew objectionable fumes onto his property. He was asked how far his home was from the line and he said it was 250'. The appeal was granted unanimously. No. 7 Appeal of Arthur Mason and Rosario Cannizzaro Appeal of Arthur Mason and Rosario Cannizzaro seeking a variance from Section 7.00, Permitted uses, and Section 11.15, Multiple uses, of the South Burlington Zoning Regulations. Request is for permission to convert an existing day care center and musical instrument sales and service business, containing approximately 2336 sq. ft. into a real estate and professional office complex, in conjunction with residential dwellings, on a lot containing 18,944 sq. ft. at 938-95C Shelburne Road. Mr. Ward said the area was zoned C1 and that professional offices are permitted but residential uses are -not. The existing day care center was approved under interim zoning and that area will be an apartment and office area. One use of the proposed 2336 sq. ft. office area will be a real estate office and the other use is unknown. In addition to professional offices there are 6 apartments; 2 over the business office area and 4 in a second structure. The lot has 18,944 sq. ft. and 60,000 sq. ft. is the minimum in the C1 district, but the lot is grandfathered under aection 11.40. Some of the parking spaces shown are new, 11r. Ward said, and 2 curb cuts will be closed. Entrance to the lot will be from Brewer Parkway. He was asked the size of the apartment units, but replied that all were pre-existing. Some of the space the day care center used will revert to residential uses and some to office area. Mr. Schmucker represented T,Ir. Cannizzaro. He said they felt the present use generated about 85 trips per day. They want a real estate office in 1568 sq. ft. and another office in the 768 sq. ft. which will be rented to someone operating a permitted use in that district. They would like to continue the use of the 6 apartments. The plan shows 17 parking spaces with 2 on the interior of the structure. ;r. Schmucker said the leases for the apartments could and would indicate that tenants could have only 1 car and that any guests must park off the premises. They feel that the number of spaces is adequate, particularly since the tenants will most likely be elsewhere during the day and because real estate agents spend a lot of time on the road. The real estate office will be closing at about the time the tenants will be returning. Mr. Schmucker felt the proposed use would have about 65 trips per day - 18 for the apartments, 35. for real estate and 12 for the other office. The lease for the office can require no more that 4 people be involved. 11� ZONING BOARD OF ADMINISTRATION SEPTEMBER 1 , 1976 Mr. Schroeder said he had worked with architects in designing what he thought was appropriate to the neighborhood for myself and family. They had dis- cussed other designs. He said he was now seeking the Board's suggestions as to a recommended side yard setback that would be appropriate, and that he would ask to have this tabled and return with further information to allow him to have a garage. The Chairman said he appreciated Mr. Schroeder's concern and desire to have the Board give some input, but it is out of the Board's area. He told Mr. Schroeder he was welcome to ask to have the appeal tabled. Atty. Nicholson after talking with Mr. Schroeder asked to have it tabled. The Chairman said he was not sure the Board would feel there was enough evidence to do so. The Board does not exist to design; it is not fair to us to even give any criteria the applicant might consider. Mr. Sylvester said he was somewhat skeptical as to what evidence can be' presented. However, the Board could as a courtesy table it. The Chairman felt it would be better to vote on it now and have it re -warned; he couldn't see what revisions the applicant could make. Mr. Fayette felt if the applicant would like to table it, there might be discussion between him and his neighbors because the applicant had not been aware of how strongly the neighbors felt, perhaps steps could be taken toward a compromise. Mr. Sylvester moved that the Board table this application until the next meeting, a week from today. Seconded by ,Mr. Reed and voted unanimously. No. 4. APPEAL OF RAYMOND E. CCUILLARD Appeal of Raymond E. Couillard seeking a variance from Section 13.00, Non- conforming use extension of the South Burlington Zoning Regulations. Request is for permission to construct an addition 16' x 30' to existing garage which is operating as an auto body repair shop at 79 Swift Street. Mr. Ward explained this was a variance granted May 5, 1975. and permanently extender: .Tune 15, 1976. The Cou.illards are operating a repair shop in an existing two car garage. The request now is to add another hay 16' x 30' on the west side. This is zoned Business Retail District and the use is non- conforming to the district. A letter ,ri s receiv from Mrs. Austin who lives at 69 on the opposite side of "Q�+�' R�';� st-�e has no objection to the variance -but as a condition to granting it she would like a fence installed to block the view of the activity. The fence would be about 65 feet long and she referred to the fact that there are several cars owned by the family besides the cars being repaired but she doesn't see any objection other than that consideration. The lot size is 125' x 200' with the garage almost the full length of the lot. Mr. Sylvester said the neighbor had commented there were six or seven cars there. Mr. Ward said there are five vehicles owned by the family in addition to the ones under repair. The area is pretty full with the cars being worked on, but they are neat. The restriction set was for no more than five cars of their own. The Chairman asked Mr. Couillard how many properties were between his property and Vermont Gas, and Mr. Couillard replied two others. 12. ZONING BOARD OF ADJUSTMENT SEPT 04BER 13. 1976 The Chairman asked what erecting a fence would accomplish, what use the fence would be. Asked why he wanted the addition, Mr. Couillard said he would like to have space for one of his own cars. The way his son is doing things now, he has both stalls pretty well occupied. He could use another stall for his work, and sometimes it would be used for one of the family cars. The Chairman asked if the son could use the back portion of the garage if Mr. Couillard put one car in front. Mr. Couillard said there would be more working area with a new stall. Mr. Myette asked if the only hardship was that they warted their cars out of the elements. Mr. Couillard said No, not really, it would help the boys out in their repair- ing. Now they work on one outside, and in the winter could not do that. Also he would like to have one of theiPSrs inside in the winter. Chairman Myette asked if there was an economic hardship involved or just a physical handicap. Mr. Couillard said if they have got one car already painted, it is pretty hard to work on another. Mr. Fhyette said what the Board is trying to find out is where exactly this hardship exists. He asked Mr. Couillard if he found operating on two cars at one time was an economic necessity and therefore he had no room for his own car. Mr. Couillard replied sometimes it was. He would like to expand the work area for the boys and also to be able to have one of their cars inside. Mr. Fayette asked if these were just personal vehicles, and Mr. Couillard replied Yes. Mr. Reed asked if this variance wasn't granted permanently. Mr., Ward replied Right. The Chairman asked Mr. Couillard what were his future plans for this property. Would he be back a year or two years from now because business is better and better. Mr. CMillard replied No, that was it. There was no further support and no opposition. Mr. Reed said he would like to know where this fence was wanted. He couldn't see the need for a fence. Mr. Hard said the neighbor was suggesting that it be eight feet high. Mr. Myette said it was one of those situations where there is residential in existence. Mr. Couillard commented there were quite a few vehicles across the road, at the Correctional Center. Chairman Myette stated he thought that eventually the highest and best use of the property would be the expansion of the commercial use and the resi- dential uses would be converted to a commercial nature. In light of the way the business had been conducted over the past two or three years and the way the property has been kept would lead him to feel, the Chairman said, somewhat more favorable to the request. The Board voted unanimously to approve this request. ZONING BOARD OF ADJUSTMENT JUNE 14, 1976 Mr. Leduc said if he gave one son 10 acres, the other children should have 10 acres. Mr. Myette said the request did not meet points 1, 3 or 5 of the Five Point Criteria of Section 4468, Vermont Planning and Development Act. There was no further support and no opposition. The Board voted unanimously to deny this appeal. Mr. Sylvester advised that a notice of appeal should be filed with the Chittenden County Court if Mr. Leduc wanted to do so. 6. Appeal of Milton and Edythe Gill Appeal of Milton and Edythe Gill seeking a conditional use, from Section 7. 10, Accessory building, subsection 7. 103 of the South Burlington Zoning Regulations. Request is for permission to construct an apartment unit, containing approximately 1, 222 square feet to an existing motel located at 1710 Williston Road. Mr. Ward gave the Board a floor and elevation plan of the proposed addition. The proposal is to add an apartment on the second level of the existing motel to provide 1, 222 square feet of living quarters for the owner -operator. Mr. Gill explained that he is now living in one of the motel units. He said the motel has a flat roof and the addition would add to the appearance of the structure. He noted that other motels in the area have the same thing. There was no further support and no opposition. Mr. Martineau was absent; the remainder of the Board voted unanimously to approve this appeal. 7. Appeal of Raymond E. Couillard Appeal of Raymond E. Couillard seeking a variance, from Section 7.00, Permitted Uses of the South Burlington Zoning Regulations. Request is for permission to operate an automotive repair shop from 25' x 27' garage lot at 79 Swift Street. Mr. Ward explained that a variance was granted May 6, 1975, with the stipulation that it expire in one year. Mr. Couillard operates an automobile repair shop from an existing 25' x 27' garage located to the rear of his dwelling at 79 Swift Street. The area is zoned BR District. Members of the Board commented on the good job Mr. Couillard was doing. There was no further support and no opposition. Mr. Martineau was absent; the remainder of the Board voted unanimously to approve this request for a permanent on ZONING BOARD OF ADJUSTMENT JUNE 14, 1976 variance with the stipulation that no more than five (5) cars are to be repaired at any given time at this particular location. 8. Appeal No. 8 was withdrawn. 9. Appeal of William and Helen Stringer Appeal of William and Helen Stringer seeking a variance, from Section 11.00, Dimensional Requirements of the South Burlington Zoning Regulations, Request is for permission to construct a detached 14' x 20' garage to within five (5) feet of the southerly side yard, at 11 Shamrock Road. Mr. Ward explained that the Zoning Ordinance calls for a 15 foot side yard setback. Mr. Stringer wishes to construct a 14' x 20' garage within 5 feet of the side property line. His lot size is 100' x 200'. Mr. Stringer explained that the garage needed to be built in the proposed site to allow light into his kitchen and living room. The garage would be 33 feet from his neighbor's house. There was no further support and no opposition. Mr. Martineau was absent; the remainder of the Board voted unanimously to approve this appeal. Minutes of May 17, 1976 It was moved by Mr. Sylvester, seconded by Mr. Reed and voted unanimously to accept the Minutes of May 17, 1976, as presented. It was moved by Mr. Sylvester, seconded by Mr. Reed and voted unanimously to adjourn the meeting. The meeting was adjourned at 6:35 P. M. Clerk 7 South Burlington Public Works 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 TEL: (802)658-7961 FAX: (802)658-7976 OFFICE 104 LANDFILL RD. Rob Zele 79 Swift St South Burlington, VT 05403 7/6/05 Dear Rob: This letter is to confirm our discussion of your replanting efforts along the wetland bordering your business on July 5, 2005. The replacement trees were supposed to be 1.5- 2 inch caliper trees. Even though the species planted were not what was specified, I will recommend accepting them provided that 3 additional trees of a larger size are planted. The following species and sizes would be acceptable: • Tamarack (Eastern Larch) 5-6 ft. • European Larch 5-6ft • White Spruce 5-6 ft • `Princeton' Elm 1-1.5 in • Swamp White Oak 1-1.5 in The Larch may be difficult to locate. I think you can probably find the Elm and Oak at Horsford's Nursery in Charlotte. The containerized POT n POT Elm and Oak would be an acceptable size. Let me know if you need any additional information. Sincerely Craig Lambert City Arborist Cc: Ray Belair State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conervation State Geologist RELAY SERVICES FOR HEARING IMPAIRED 1-800-253-0191 TDD>VoicE 1-800-253-0195 VOicE>TDD AGENCY OF NATURAL RESOURCES Department of Environmental Conservation WASTE MANAGEMENT DIVISION 103 South Main Street West Building 05676-0404 FAX 802-241-3296 TEL 802-241-3888 May 20, 2005 Jerry Couillard PO Box 310 Milton, VT 05468 RE: Chemical data for Couillard's Body Shop, South Burlington, VT (SMS # 2005-3359) Dear Mr. Couillard: The Sites Management Section (SMS) has received and reviewed chemical data that was collected adjacent to Couillard's Auto Body Shop by the Verterre Group on behalf of Vermont Gas Systems, Inc. Based on the available data, the SMS has concluded the following: • A sample was collected from a pool of water at the property boundary between Vermont Gas Systems, Inc. and Couillard's Body Shop on April 1, 2005. • The sample of water contained detectable levels of many contaminants found in paint and gasoline. The levels of styrene and Bis (2-ethylhexyl)phthalate are of particular concern, as they exceed the Vermont Groundwater Enforcement Standards (VGES). • Contamination was said to emanate from a drain pipe that is connected to the Couillard's Body Shop. This contamination has clearly affected the surface water in the area, and may pose a risk to groundwater, soils, ambient air in buildings, and any nearby drinking water sources. Due to the potential threat this contamination poses to sensitive receptors in the area, the SMS request that you obtain the service of a qualified environmental consultant to determine the following: • Survey potential contaminant sources. • Assess any impact the contamination has on soils and groundwater in the area. • If appropriate, determine if the airspace beneath the site and adjacent building(s)(e.g. basements) has been impacted by the release using a PID. Wall and floor construction and susceptibility to vapor migration should be noted. PID measurements should be made in cracks and/or joints likely impacted. If the airspace has been impacted, SMS requests confirmatory sampling and laboratory analyses be performed using. EPA Method TO-2. • Assess the potential for contaminant impact on sensitive receptors. Base.this update on all available information and include basements of adjacent buildings, nearby surface water, any proximal drinking water sources, wetlands, sensitive ecologic areas, outdoor or indoor air, sewers, Regional Offices - Barre/Essex Jct./Rutland/Springfield/St. Johnsbury or utility corridors. Sample and analyze any at -risk water supplies for BTEX, TPH, and MTBE compounds. • Submit a summary report that outlines the work performed, as well as provides conclusions and recommendations. As appropriate include analytical data; a site map showing the location of any. potential sensitive receptors, stockpiled soils and monitoring or sample locations; an area map; detailed well logs; and a groundwater contour map. • With the work plan, please submit a site location map at an approximate scale of 1:24,000 showing the location of the site. Please include a scale, a north arrow, the SMS number, and a citation of the source map. The purpose of this map is to enable the SMS to enter the site location into a Geographic Information Systems database. Please have your consultant submit a preliminary work plan and cost estimate within fifteen (15) days of your receipt of this letter, so it may be approved prior to the initiation of onsite work. Enclosed please find a list of consultants who perform this type of work. Based on the initial work performed, the SMS may require additional monitoring and/or remediation related to this site. If you have any questions, please feel free to call me at (802) 241-3876. Chuck Schwer, Supervisor Sites Management Section C: DEC Regional Office w/o enclosures ' South Burlington City Council w/o enclosure South Burlington Health Officer w/o enclosure CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANINTINO & ZONING 575 DORSET STREET SOMI B RLINGTON, `IERTVIONT 05403 (802) 846-4106 FAX (802) 846-4101 i April 7, 2005 Jerry Couilliard P.O. Box 310 Milton, VT 05468 Re: Zoning Violation — 76 Swift Street Dear Mr. Couilliard: In your letter dated October 4, 2004 to Amanda Lafferty, Esq. you indicated that you will plant the trees in the spring. I would like to know more specifically when you intend on planting the trees. In my letter to you dated October 19, 2004, 1 asked that you submit a planting plan which included the tree species listed in the letter. Please submit this planting plan as soon as possible. If you have any questions, please contact me. vine, J Raymo J. Belair Administrative Officer cc: Amanda S.E. Lafferty, Esq. CITY OF SOUTH BU LINGTON DEPARTMENT OF PLAT NE"-TG & ZONg',JC--. 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 19, 2004 Jerry Couilliard PO Box 310 Milton, VT 05468 Re: Violation at 79 Swift Street Dear Mr. Couilliard: The City Arborist Craig Lambert reviewed the planting plan you submitted with your letter to Attorney Lafferty dated October 4, 2004. He recommends that you plant a total of six (6) trees to consist of the following: 1. Two (2) Eastern Larch 6-8 feet tall. 2. Two (2) Swamp White Oak 2" in caliper. 3. Two (2) American Elm cultivars 2" in caliper. Willows may be substituted for the above species if planted close to the stream in wet areas. Please submit a planting plan which includes trees as specified above. Sincerely, ela " Raymand J.�13elair Administrative Officer cc: Amanda S.E. Lafferty, Esq. October 4, 2004 Amanda S. E. Lafferty Stitzel, Page & Fletcher 171 Battery St. PO box 1507 Burlington, VT 05402-] 507 Re: Property at 79 Swift St, South Burlington, Vermont Dear Amanda S. E. Lafferty: I hope this will work. If this proposal doesn't work for you, please offer some advice. By looking at the area now it has grown up. I will replace the trees in the spring. If you have any concerns or questions or advice please let me know. Thank you for all you help. Jerry Couillard cc:Raymond Belair ��►/�ll�l� i �Lim 1 i - jr1 r i WI ff ;M\�\1@. Nm M j `". \ a■mmUMM Ill; - - - - - - STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 JILL E. SPINELLI PATTI R. PAGE* E-MAIL(FIRM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) WILL S. BAKER* JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 (*NOT YET ADMITTED) TIMOTHY M. EUSTACE 2 I-AFF !_A4ANDA & iRTY — - _ (*ALSO ADMITTED IN N.Y.) --- --- - - -- ---- — — -- --- ---- - ---- -- -- September 28, 2004 Jerry Couilliard P.O. Box 310 Milton, VT 05468 Re: Violation at 79 Swift Street, South Burlington, Vermont Dear Mr. Couilliard: In response to your letter dated September 22, 2004, which I did not receive until September 28, 2004, in connection with the above -referenced matter, I am writing to inform you that your plan to cure the violation is not sufficient. At a minimum, the plan should: Propose vegetation that replaces the vegetation that was removed and Include a site plan of the subject property that shows the proposed location of the new plantings. If you have any additional questions about the minimum necessary requirements for the plan, please contact Ray Belair. Given that the City of South Burlington has already granted you a lengthy extension to address this violation, please submit a revised plan, including a site plan, that meets the minimum requirements no later than October 8, 2004. If you fail and/or refuse to provide this information as requested, the City will assume that you do not intend to come into compliance with the Land Development Regulations and will pursue other avenues to enforce said Regulations. Thank you. Sincerely, L�,.��A i� I Amanda S. E. Lafferty CC: Ray Belair son5562.cor September 22, 2004 Amanda S. E. Lafferty Stitzel, Page & Fletcher 171 Battery St. PO box 1507 Burlington, VT 05402-1507 Re: Property at 79 Swift St, South Burlington, Vermont Dear Amanda S. E. Lafferty: Even though I don't believe that I am responsible for the removal of the vegetation, in order to keep the peace with the town, As soon as planting is feasible, my proposal is to replant four 4' Pine trees and two Lilac bushes. . Please let me know if this is sufficient enough for the Town. I am waiting for your response on my proposal. With the planting of these plants it will be my understanding that the matter is closed. Sincerely, Jerry Couillard STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y) Jerry Couilliard P.O. Box 310 Milton, VT 05468 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) FAX (802) 660-2552 or 660-9119 E-MAIL(FIRM2555@FIRMSPF. COM) WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) WRITER'S FAX (802) 660-2552 September 15, 2004 JILL E. SPINELLI Re: Violation at 79 Swift Street, South Burlington, Vermont Dear Mr. Couilliard: In connection with the above -referenced matter, I am writing to update my letter to you dated August 27, 2004. It is the opinion of the City Arborist that it would be better to plant trees and vegetation as a cure for the above -referenced violation in Spring 2005 rather than this Fall. Accordingly, no later than September 30, 2004, please submit to the City Administrative Officer, Ray Belair, a plan to cure the violation referenced in the notice of violation dated June 10, 2004. If the City Arborist and Administrative Officer approve the plan that you submit, the City expects the plan to be implemented in full as soon as weather permits in Spring 2005, unless the City Arborist approves otherwise. If any questions regarding the appropriate planting time should arise, please contact Ray Belair. If my efforts to obtain your compliance in this matter should fail, the City of South Burlington may take such further action as is necessary and appropriate, including the commencement of an enforcement action in Environmental Court. Sincerely, Amanda S. E. Lafferty ASEL/br son5552.cor CC: Ray Belair, Administrative Officer STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADNGTTED IN N.Y.) Jerry Couilliard P.O. Box 310 Milton, VT 05468 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 or 660-9119 E-M AIL(FIRM25 55 @FIRM SPF. COM) WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) WRITER'S FAX (802) 660-2552 August 27, 2004 JILL E. SPINELLI Re: Violation at 79 Swift Street, South Burlington, Vermont Dear Mr. Couillard: In connection with the above -referenced matter, enclosed please find copies of my letter dated August 6, 2004, as well as the notice of violation issued by the City Administrative Officer. During our telephone conversation, you requested an extension until September 30, 2004, to submit a plan to correct the violations described in the above -referenced letters. The City may be willing to consider such an extension. However, since the City would prefer that replacement trees and vegetation be planted as soon as possible, the City will not grant the requested extension if it will delay planting until Spring 2005. I will let you know as soon as possible if the City grants your requested extension. Thank you. Sincerely, A t . Amanda S. E. Lafferty ASEL/br son5545.cor Enclosures CC: Raymond Belair (without enclosures) August 14, 2004 Amanda S. F. Lafferty Stitzel, Page, & Fletcher 171 Battery St. PO Box 1507 Burlington Vermont 05402-1507 CC Town of South Burlington Raymond Belair RE: Property @ 79 Swift St. South Burlington Vermont Dear Amanda S.E. Lafferty I am writing in response to your letter regarding the above referenced property. There is obviously a misunderstanding or a miss communication regarding the referenced issue. The Town of South Burlington sent a letter on May 20, 2004 that I received on May 231a informing me that my property was being cleared without a permit. I was not aware of any such activity; therefore, I contacted my tenants and asked why they would be taking down any trees without my permission. I was told that they were not taking down trees but were actually cleaning up fallen trees and brush that the beavers had created and the ice storm of 1999 had caused; they had received permission from a Town worker. Apparently this Town employee was the person who was trapping beavers on my property, this was the first I had heard of this activity. No one from the Town of South Burlington ever contacted me and asked permission to set traps for beaver on my land. This issue is of great concern to me as there was not posting warning of any trapping activity, pets or children playing in the area could have been seriously injured. Had this occurred we would have a very serious issue of a different nature on our hands, I feel very strongly that the city had an obligation to notify me of this activity that was occurring on my lands. I called Raymond Blair on May 26th at 8:00 am and spoke to him regarding this situation. He indicated that he would check this out and get back to me if there were any other problems. I have not heard from him since and assumed that the matter was resolved. When I spoke with Ray I had provided him with my cell phone # and my home phone # and also my work number so he could contact me if he needed. Three months later I receive your letter. I have asked my tenants if Ray had come down to talk with them and they said they had not spoken with him. I have checked with my tenants and they have told me the following: Apparently the City was going to stop by and clear out the drainpipes with some heavy equipment, my tenants said they would do this for the city, the tenants removed the debris by hand, and they were trying to be helpful. The City employee whom I believe is David thanked my tenants for their help. Apparently David who drives a yellow ford ranger was also the person who was doing the trapping. I do not know why Ray Belair did not get back to me if there was a problem; my tenants thought that they were being helpful in removing most of this debris. The majority of the brush and debris was knocked down during the ice storms of 1999, and knocked down by the beavers, which was an act of God. I had asked Ray to get back to me if there were any concerns. The fact that I have heard nothing for the past three months lead me to believe the matter was resolved. I would be willing to meet with a representative from the city if need be to discuss this issue further, but please understand I do not want anyone from the city trapping beaver on my property with out my written consent. I hope that this will put this matter to rest. Sincerely, Jerry Couillard STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE* E-MAIWIRM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) August 6, 2004 Couilliard's Auto Body c/o Matthew Daly, Esq. PO Box 69 Burlington, VT 05402-0069 JILL E. SPINELLI Re: Property at 79 Swift Street, South Burlington, Vermont Dear Sir or Madam: I am writing on behalf of the City of South Burlington. The Administrative Officer has brought to my attention that you have commenced land development on the property located at 79 Swift Street in South Burlington, without first obtaining a zoning permit, in violation of Section 17.02 of the Land Development Regulations and 24 V.S.A. §4443(a)(1). Specifically, you have cleared trees and other vegetation within a stream buffer without approval and without first obtaining a zoning permit. It is my understanding that this violation was brought to your attention by a Notice of Violation dated June 10, 2004. Further, I understand that you have failed and/or refused to appeal said Notice and the time for taking such an appeal has passed. I have been asked by City officials to attempt to obtain your cooperation in complying with the City Land Development Regulations. No later than September 6, 2004, please submit to the City Administrative Officer, Raymond Belair, a plan to correct the above -described violation. If my efforts to obtain your compliance should fail, I have been asked to take such further action as is necessary and appropriate, including the commencement of an enforcement action in Environmental Court. Sincerely, (� Amanda S. E. Lafferty CC: Raymond Belair son5524.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 PATTI R. PAGE' E-MAIL(FIRM2555@FIRMSPF.COM) ROBERT E. FLETCHER WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) JOSEPH S. McLEAN WRITER'S FAX (802) 660-2552 TIMOTHY M.EUSTACE AMANDA S. E. LAFFERTY (-ALSO ADMITTED IN N.Y.) August 6, 2004 Wayne Wanser's Auto Body, Inc. c/o Matthew Daly, Esq. PO Box 69 Burlington, VT 05502-0069 JILL E. SPINELLI Re: Property at 79 Swift Street, South Burlington, Vermont Dear Sir or Madam: I am writing on behalf of the City of South Burlington. The Administrative Officer has brought to my attention that you have commenced land development on the property located at 79 Swift Street in South Burlington, without first obtaining a zoning permit, in violation of Section 17.02 of the Land Development Regulations and 24 V.S.A. §4443(a)(1). Specifically, you have cleared trees and other vegetation within a stream buffer without approval and without first obtaining a zoning permit. It is my understanding that this violation was brought to your attention by a Notice of Violation dated June 10, 2004. Further, I understand that you have failed and/or refused to appeal said Notice and the time for taking such an appeal has passed. I have been asked by City officials to attempt to obtain your cooperation in complying with the City Land Development Regulations. No later than September 6, 2004, please submit to the City Administrative Officer, Raymond Belair, a plan to correct the above -described violation. If my efforts to obtain your compliance should fail, I have been asked to take such further action as is necessary and appropriate, including the commencement of an enforcement action in Environmental Court. Sincerely, Amanda S. E. Lafferty ' CC: Raymond Belair son5526.cor STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURUNGTON, VERMONT 05402-1507 STEVEN F. STITZEL PATTI R. PAGE* ROBERT E.FLETCHER JOSEPH S. McLEAN TIMOTHY M. EUSTACE AMANDA S. E. LAFFERTY (*ALSO ADMITTED IN N.Y.) Jerry Couilliard 216 Scribner Road East Calais, VT 05650 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 or 660-9119 E-MAIL(FIRM2555 @FIRM SPF. COM) WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) WRITER'S FAX (802) 660-2552 August 6, 2004 JILL E. SPINELLI Re: Property at 79 Swift Street, South Burlington, Vermont Dear Mr. Couilliard: I am writing on behalf of the City of South Burlington. The Administrative Officer has brought to my attention that you have commenced land development on the property located at 79 Swift Street in South Burlington, without first obtaining a zoning permit, in violation of Section 17.02 of the Land Development Regulations and 24 V.S.A. §4443(a)(1). Specifically, you have cleared trees and other vegetation within a stream buffer without approval and without first obtaining a zoning permit. It is my understanding that this violation was brought to your attention by a Notice of Violation delivered to your address on May 21, 2004. Further, I understand that you have failed and/or refused to appeal said Notice and the time for taking such an appeal has passed. I have been asked by City officials to attempt to obtain your cooperation in complying with the City Land Development Regulations. No later than September 6, 2004, please submit to the City Administrative Officer, Raymond Belair, a plan to correct the above -described violation. If my efforts to obtain your compliance should fail, I have been asked to take such further action as is necessary and appropriate, including the commencement of an enforcement action in Environmental Court. Sincerely, Amanda S. E. Lafferty CC: Raymond Belair son5525.cor CITY OF SOUTH BUR]LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 MEMORANDUM TO: Amanda S.E. Lafferty, Esq., City Attorney FROM: Raymond J. Belair, Administrative Officer y ,> DATE: July 22, 2004 RE: Zoning Violation of Couilliard's Auto Body et al Enclosed, please find copies of Notices of Violation to Jerry Couilliard, Couilliard's Auto Body and Wayne Wanser's Auto Body, inc., for a zoning violation at 79 Swift Street. The violation involves the clearing of trees and other vegetation within a stream buffer without approval and without a zoning permit. These N.O.V.'s were not appealed. Chuck Hafter has asked me to contact you and request that you send the three (3) parties a letter giving them 30 days to submit a plan to correct the violation or the City will commence legal action. Thank you for your assistance in this matter. AUG-23-2004 MON 11:24 AM STITZEL PAGE FLET01HR PC FAX 110, 8025802552 F, 0'� STTb1TN FAY":1 R PAM,- i�G?^.1{rt I' C{.17.li'rCCd'f•.iZ dCIS'. PFI S. McL%AN IVIA THY M. LUS :ACE AAIANI:A S. I•:. I,ANT.: 1'Y ('AI S(1 AWAIT14.A RI N V.) PAGF, & FLETCHER, P.C. ATTIRNi:YS AT LAW 171 BATTERY STREET 11,0113ox 1507 nt A r.,TN ON, V ERMONT 05402.1507 (ens) 660-2W (vt)I(X 1 PD) FAX (802) 660-2552 ar 600-011 o B•"ti ^.C7.(?+IRM2555,'!�i F'1RMSt'P.COM.) WRITER SL-NIAN. (ALA.NTR:VCIAVieM81"I l-OM) WRITFR'S FAX (602) 643.2552 FACS11M11,F TRANSMITTAir, sHEE"r Datc: August 23, 2004 To: RayBclair Pax: 840-41 O 1 Re: Property at 79 Sm,'ift Street Sender; Amanda S. E- i.afferty �/o IILL S.. SPINSL1.1 You should receive 3 Page(s), including this cover sheet. If you do nut .receive all the pages, pleas: call {802) 660-2555. MESSAGE Transmitted herewitli is a letter in connection with ,he abcw a rt'lerelized matter, Pease give nie a call when you get this. Thanks, Amanda i'his mo,,ittge is inwnded oily f01• the use oft 10 cddrtmQ ead n:ay c3n1jin it6orr.Iuiica sh:a i privileged and ce il-,emuijl. !"yo;t pc tt0t the intcndw rv"4'iun1, pa arebm,y rntificd t11at 611y d i5SCI71i1121i0I1 of 41iS COMM.uliCatign i5 mTsCt!y proltibisrd. 1f )UU have recuivud 11uy c01nn1u0iCV:0 is 01'01, plaa5u notify ::; innnuiatcly?tiy ;u?cphc^C (is02-bb0-�S55). T1=k yuu. AUC-23-2004 MEDN 1125 AN S"ilITZEL PAGE FLETCHER PC FAX NO, 8023602552 ", 02 August 14,2004 Aniando. S. F. Lafferty Stitzel, 11age, & Fletcher 171 Battery St, 110 Box 1507 Burlington Verrncint 05402-1507 ('(,' Town of South Burlington Raymond aclair Rl",- Property @ 79 Swift St. South Burlington VernC)"t Dear Anianda S.E. 1,all"orty AU- 2 2-1.i I STITZEL PAGE & FLETi '1q, i., R, P�0' f W11 WrilitIg iTI TeSpOnsc to your letter regarding the above rererenced, property. There is' obviowly a misund.-irmnding or miss communication regarding the referenced issue. the Towri of South Burlington sent a letter on. _'Way 20, 2004 that I received on May 2. fin kwning Inc that my property was being cleared without a Permit. I was not aware o ('=), such activity; thorc5rc, I coniacted iny tenants and -,),%ked why they would be taking down any trees withant my permimion. I was told that they were not taking down trees but were acrually elcariuig up fallen trees and brush that the beavers, had created and the ire storm of 1999 had ca-uscd, they had received poTmission frorn a Town worker —Apparently thi,,, Town employcewas die jwrsoii who was trapping beavers on my property, this was the first I had heard of this activity, No one firom tiro To%mi. of South Burlington ever contacted me and asked permission to set traps for'beaver on my land, This issue is of great concern to inn is there was not posting warain2 ofany trapping activity, pets or children pktvingin the area could have keen t;eri0U.q1V injured, Mad this occumcd we would have a very serious issue of a diflbrent naturo on our hand", I Ceul very Wong ly t[iat the city lucul an obligation to notify me of this activity that was occurring on my lands. I cillod Raymond Flair on May 26"' at 9:00 and and spoke to him regarding this situation. Ile indicated tfiat he would check this out and get back to me if there wcre wiy other problems. I have riot heard from him since, and assurned that the matter was rewIved, Wien I spoke with Roy. I had pvovidad him with my cell phone # and my horne phone # and also my work nurriber so by COUld COLIVEW Inc if 11C nee ded4 Three months later I receive your letter. I have asked my tenants if Ray lead come dowli to talk with there and they said they had not spoken wide him, 'A" faive checked with my tenants and they have told nie, the Jbilowing: Apparently the City %us going to stop by and clear out the drainpipes with some heavy cqUiPRIC11t, my tenants said they would do this fir the city, the tenants removed tine debris by lituld, and they were trying to be helpful., The City emplayao whom I believe is David thanked my tenams for th,;:ir help. Apparcntly David wlio drives a yClbow lore? .ranger was also t} c pccrsoix who was doiq the trapping. AUG-23-2004 MON 11:25 AM ST:TZEI. PAGE FLETCHER PC FAX 140. 8025602552 P, 03 I do not know why Ray Bolair did not Set back to me if there was a problem; my tenants thought that thc-y wore being helpful in removing most of this debris. The majority of the brush and debris w;a.s knocked down during the ice ston-ns of 1999, and knocked down by the beavers, which was an act of Clod. I had asked Ray to get back to me if there were any concerns. T'he fact that I have heard nothing ror the past three months lead me to believe the matter was resolved. I would be willing to meet with a representative from the city if need be to discuss this issue further, but please un&rsttand T do not wart anyone from the city trapping beaver on my property with out inn written consent. T hope that this will put this matter to rest. Sin.xtely, Jerry CoLlitlard 'ie�■ 1!'N7�7�7l1 io PURI MAY-27-20C4 THU 09:20 AM ST?TZEL PAGE FLETCHER PC FAX NO. 8026602552 F. 01 ST117EL, PAGE & FLETCHER, P.C, ATTORNEYS AT LAW 1 ;1 13ATTEi Y STREET P.O. BOX 1507 BLf21.INUOR, bT,R,mQNIT05402.1507 (91 .) 66(,-255; (Voicr,- DU) STLVENF. SiTf71 L NILX(301)6t0.;552 a6Ga 9119 PA717 R. vAGL• ` Gti1n;r (! IrZ �42SSS(ia!'I;dMSPP.COIvij RT7! i I'.,2T P. rUi l—I q;R W R17ER' 5 i-V A IL JUST217 S- M&I TiA1Q W RITL?lt' r.1K (802) 660•251: 71MO07 iY M. IiL'5f 01 AMAN A s I LA)Tr'JRTY ('ALSOnflNrr'ra)A%,N v FACSIMTU TRANSMITTAL SHEET Date: May 27, 2004 TO: Ray Beloir Fax: 846-4101 Re: C;`ouillard Autobody Sander: A-manda Lafferty You should receive �,,,3 Page(s), including this cover sheet. If you do not receive all the a ges, lease call (802) 660-2555. M SSAOP, JILT. F. SP:i�6LTl Transmitte(i herewtiQi is the information regarding the notices for the above -referenced matter. 1 know Wayne Watiser's Auto Body, Inc, is terminated, but they are proceeding: as if they still exist, So issue against: Couillard's Autobody, c!n Matthew Daly, Agent and Wayne Wanser's Auto Body, Tne., c/o Matthew Daly, Registered. Agent If Jerry Couillard owns the property, he's still subject to the notice that you sent him and he has to appeal it if he doesil't want to be liable for fines, Son5474.eur!ryR This ru.isitQ im in:endcd only for 1i1c US] Of tha Oddi'c9sce R114 lt;ay Contain infOrnlution that is privilepcd and confidential, if yotl pre not tic imonduu ruc*picnl, yuu arc hereby noTif5cd Llt4t any diueaT n;ition Of this: nommunicotinn is sT•ictly prohibited, lryou lhnhe. r:eoivcd cmtvitunk;Ldwi iu error,please notify us imutcdiataly by Tuluphone (K2-660-2555). t,tis 7ha111%y0u, \� P CLAY-27-2004 THU 09:21 AN STITZEL PAGE FLETCHER PC FAX NO. 8028602552 P. 03 Vermont Socretary of State - UCC Article9 Page 1 of 1 VERMONT SECRETARY OF STATE }Deborah L. Markowi bz A.C! fl[\'IS �I1GPnY.dl7l�ryy 1;1 Li 1 5; IJ'1'yIEH PklI1�GS5111,"IAI. ':1:� kt W. � 1•Itul.Ha'.tti H[cU[ h1711'Jc p Co Corporation Name Corporation Status file' o Incorporation rate Corporation Descripti State of Tneorporation Fiscal Montli End Mir nuun xnrormatnon VAYNE WANSER'S AUTO BODY, INC. ertr inated :60429-0 erntont 0 811998 U10 SHOP 12 Re ristered A.gont MATTHFW T, DALY Address 112 LAKE STREET City State li BURLINGTON VT 05401 President WAYNE WANSER Vice Pros CYNTI-IIA L NVASNER Secrelmy ktNTTHF,Y T DALY I'rircipal -Street Address 89 STRAWBFRRY LANE City State ZiF� MIT,'r()N VT 05468 Lasi Ann 12 Report 12I! 1L 00 Term i nated 06/28/2002 Reinslated 07/10!2001 Above accurate as of: 05/26/2004 home I site Soa►eh l Help VaFlnq(4 $tote, mq I CmAct j DiSCikimO[ r '1 This Web Page is -VA MAY-27-2004 THU 09:21 AM ST?TZEL PAGE FLETCHER PC FAX NO. 8026602552 P, 02 Vermont Secretary of State � UC'C Article9 Page 1 of 1 Trudenam 'frade Name COLULARD'S A170BODY Status Active File Number 0119978 Address 112 LAKE. STRELT Ci State zip BURL1NrTON VT 05401 Description AUTO REPAIR Re i tration Date 11/15/1999 Mcrnber 1 Address 179 SWTr"i" STRELl' City State zip I05403 ent MATTHE,W DALY dress 112 LAKE ST Y State Zip BURI,INGTON , VT, 05401 r oration Ownerl WAYNE WANSER'S AUTO BODY, INC. Abovc accurate as of: 05/26/2004 fitf�r�r�tic�n Contact Home i Site Search I Help Voyngrt state P�igq f jQpJjtACI I 4igciagnor i This Web page is w..,I }7tC :/Ji �I.S"C. 'tE1tC.�''f.0 lcr*i-�htlriha.��r �vA CITY OF SOUTH BURLH1TG OIIq `I9EPAW-r iENT OF PLANNENG & ZONENC 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 Jerry Couilliard 216 Scribner Road East Calais, VT 05650 Re: Zoning Violation — 79 Swift Street Dear Mr. Couilliard: 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 zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(1). Specifically, you have initiated the following activities on the above -described property. Cleared trees and other vegetation within a stream buffer without approval and without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following. - Restore the vegetation to as close to the original condition as possible to the satisfaction of the City Arborist. If you do not accomplish the actions 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 proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs 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 one hundred ten ($110) 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. SincP / Blair dministrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7003 3110 0001 3598 5220 CITY OF SOUTH BURLINGTOP,:i DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 10, 2004 Couilliard's Auto Body c/o Matthew Daly, Esq, PO Box 69 Burlington, VT 05402-00069 Re: Zoning Violation — 79 Swift Street Dear Sir or Madam. - 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 zoning permit from the City as required by Section 17.02 of the Land Development Regulations and 24 VSA 4443 (a)(1). Specifically, you have initiated the following activities on the above -described property. Cleared trees and other vegetation within a stream buffer without approval and without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following: Restore the vegetation to as close to the original condition as possible to the satisfaction of the City Arborist. If you do not accomplish the actions 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 proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs 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 one hundred ten ($110) 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,'" Rayrrdo4' Belau Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7003 3110 0001 3598 4827 C11TY OF SOUTH BURLINGTON DEPARTIVIEAT OF PLAladlNL G & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 June 10, 2004 Wayne Wanser's Auto Body, Inc. c/o Matthew Daly, Esq. PO Box 69 Burlington, VT 05402-0069 Re: Zoning Violation — 79 Swift Street Dear Sir or Madam: 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 zoning permit from the City as required by Section 17,02 of the Land Development Regulations and 24 VSA 4443 (a)(1). Specifically, you have initiated the following activities on the above -described property. Cleared trees and other vegetation within a stream buffer without approval and without a zoning permit. You have seven (7) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following. - Restore the vegetation to as close to the original condition as possible to the satisfaction of the City Arborist. If you do not accomplish the actions 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 proceedings, the City will be entitled to seek appropriate injunctive relief and fines of up to $100.00 per day for each day your violation continues beyond the seven (7) day period provided in this letter. If the violation described in this letter occurs 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 one hundred ten ($110) 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, RcVrno 8 `J- Belair Administrative Officer Encl. cc: Amanda S.E. Lafferty, Esq. Certified Mail Receipt # 7003 3110 0001 3598 4834