HomeMy WebLinkAboutAgenda 06_410 Golf Course Road_permitl holder supplemental
May 15, 2022
TO: South Burlington Development Review Board
From: Fernando and Tracy Cresta
Subject: AO-22-01-410 Golf Course Road, 5/17/2022 DRB Meeting
RE: Additional Testimony for the DRB
When we purchased our home and prepared to make improvements and necessary updates
inside and outside we contracted with Peregrine Design/Build who is well known in the building
community and specializes in remodeling and custom homes. We also contracted with Cynthia
Knauf, Owner of Knauf Landscape Architecture with 30 years of experience in landscape design
and development and, Church Hill Landscapes who has designed and built custom landscapes
for 20 years. Prior to commencement, Peregrine applied for our building permit as necessary.
Regarding the hardscape/planting plan, since Cynthia’s overall landscape plan was to improve
and repair the existing hardscape to make it more safe and sustainable without altering the
coverage or elevations, we did not file a formal permit. On April 9, 2021, we phoned the
Assistant Zoning Administrator, voiced our intentions of: 1. Replacing and repairing existing
patios and stairs, 2. Replacing the deteriorating deck boulder retaining wall, 3. Removing a
fountain/pond structure, 4. Adding a gas fire pit and 4. Updating planting beds along with
keeping the same lot coverage. We were told that no further action was required and a permit
was not necessary.
Knowing that construction can be burdensome to our next door neighbors, and being sensitive
of that, upon commencement of the exterior work we involved them in numerous meetings
with both the landscape architect and contractor to keep everyone informed and to answer
questions that arose. We started by excavating approximately 30 yards of boulders, removing
bluestone pavers, cobblestones that lined the house and plants that were going to be removed.
The Cooper’s asked if they could take our material that was being discarded to enhance their
property. We graciously gave them a majority of the boulders, many bluestone pavers,
cobblestones and landscape plants. That’s the type of neighbor we wanted to be, neighbor
helping neighbor.
We understand living in a tight knit community can be difficult and that respecting neighbors’
rights and privacy are very important. Everyone’s homes are beautiful and well cared for, each
with their own style. It is not the right of neighbors to dictate how another neighbor chooses to
landscape and design their property as long as it is done within the confines of zoning. The
exterior of our house has transformed from a falling down, massive boulder wall with a
dilapidated water feature, and uneven dangerous stair to an updated, clean, sustainable and
safe outdoor living area that our family can enjoy.
Below are additional comments we would like to include with our testimony that will clarify
false accusations made by Mr. Cooper that are not already in our initial testimony.
(1) The swale between the two properties has always been on Mr. Cooper’s side of the
property line and did not pass over to our side. It never has been altered, it is as it
always was. Fill was not added to replace a former 4’ swale on our property as he is
accusing us of. Below is a photo of pre-existing conditions showing the swale outside of
the fence on the Cooper’s property.
Additionally, Mr. Cooper’s false claim in his testimony that he has experienced soggy
conditions and flooding in his yard that still persist to this day is completely false. He has
shown no evidence or proof of that because there is none. Below is a photo of the swale
after a significant rain on May 14.
(2) The difference in elevation from the patio to the deck and to our finished floor level is
unchanged. There was previously 6 steps from the former patio to inside the house and
there is now the same 6 steps in total.
(3) Mr. Cooper is also accusing us of going against the Zoning Administrative Officer’s
request to cease work, except for those actions necessary to prevent erosion and to “button
up” the site, per her letter issued on November 17th. In her memorandum to the board,
she references being at our site on November 17th and taking pictures at that time, see
exhibit B. As you can see clearly in her pictures, all of the work that he is accusing us of
completing after November 17th (stairway and grading) was already completed at that time.
With the exception of the deck, which she states in her December 17th email that, if the
existing deck of 210 sq ft is the same material and footprint, no permit is required. The
restored deck is the same 210 sq ft footprint.
(4) Mr. Cooper is accusing us of blocking his southerly views from his property. Another
false accusation since we did not change the ground elevation. If you refer to page 5 and 6
of our evidence photos, you will clearly see that the southerly views from his house are
completely unobstructed.