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HomeMy WebLinkAboutAO-22-01 - Supplemental - 0410 Golf Course Road (4)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.