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HomeMy WebLinkAboutBATCH - Supplemental - 0038 Cottage Grove Avenuea r M, -5 �A= � "- l L Z—'t c rSD.'I';IS^tR�TIVE CHECKLIST _ r'0JECT N.--,.'`.,/F ILE REFERENCE -ly (ywy 1. LE` :-R OF NOTIFICATION & !PPROVAL i:GTION OR FII\'DINGS & ORDER 2. L'O IJID I_; G OR ESCROT-, AGR EEIM.s`T S i,=-'-DSCrP ING c7j7E'S • ILS , ALKS (NOTE P—LL RELEASES OR AGREEMENT REVISIONS) 3. LIST APPROVALS GRANTED, WITH DATES, ARID PERMITS GRANTED & SITE INSPECTIONS COMPLETED, ETC.: ��N C%��t 77 ( 77 4. UTILITY EASEMENTS *, BILLS OF SALE RECORDED A CC --:--l-PT LD 5. CERTIFICATE OF TITLE x 6. RO -.:YS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & i•IAIVER AGREE14ENT x 7. I FII?_,L PLAT OR RECORD COPY - STAMPED',, SIGNED, & FILED OR RECORDED B. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 9. MI; C'LLANEOUS AGRE',i'SENTS L?�.?:D =-OR ROAD WIDEINING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SfiyR �� ACCESS POINTS OTHr.R 10. COI _' OF -URVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES 11. FEES - PAID/DATE I1J'G I G=T l` - J='D C �L�U i�:I L �r'OS IT i:; CODUIiT ) --t: i. e. LI CAR COv_dTS 2) PLANNING COIQ4ISSION JUNE 14, 1977 Mir. Kilgore said that the earlier agreement had been to restrict•the use of the openings and that he had not thought it would be that expensive. He said that the curbs would cost between $1450-1500 because the sidewalk would have to be excavated at one point. Mir. Morency said that Mr. Ewing had a good point about the precedent. Mr. Wessel said that usually landscaping is relative to the amount of the construction, so this would be a lot to require from a small amount of construction, and that he was not sure that they had required it the first time. Mr. Page said that it had been ambiguous in the minutes. I-lr. I•:orency said that since the cost was the prohibiting factor, could Mr. Kilgore perhaps put the planter in now and the curbs within a year? Mr. Levesque agreed with this idea, and Mr. Kilgore said that he would like to clean the corner up if they could find a way to do it. Mr. Kilgore said that he was trying to do something about the trailor, too,_ which he does not wish to keep. I%r. Levesque said that the original proposal had been to have a fence in the back of the yard and that the curb cut was to have been closed when the building opened, and that he thought that Mr. Kilgore had not made a reasonable effort to do these things. Mr. Kilgore said that the plans had been drawn in April. I.'r. Morency moved that the curb cut at Kilgore Tire be closed with concrete within one year, that the railroad tie planter barrier be installed within two weeks, and that the trailor be removed within six months. The proper bonds shall be posted to accomplish these improvements. ::r. Levesque seconded the motion. I;r. Kilgore pointed out that the original bond had been for S130 and that this was going far beyond that point. Mr. Rozendaal abstained, the others voted aye, and the motion carried. Since the attorney f or the Wheelocks would be late, the Commission defered that item. Public hearing on final plat application of Mr. John Trono for a 1 lot, residential subdivision on Cottage Grove Avenue Mr. Wessel said that he had received a letter on this issue from Mrs. George Biddle expressing her opposition to the application. Mrs. Biddle lives at 34 Cottage Grove Avenue. Mr. Page said that the lot was comprable to others in the neighborhood in size and that it had 75' of frontage instead of 1001. X,r. Morency moved that the South Burlington Planning Commission approve the final plat application of Mr. John Trono for a one lot residential sub- division, as depicted on the plan of record undated, drawn by Lawrence H. Willis, subject to the following stipulation: 1) that the lot be surveyed and lot corner markers set.. The motion was seconded by Mr. Levesque and passed unanimously. Continuation of public hearing on preliminary plat application of Flanders Lumber and Hickok and Boardman, 160 condominiums, at 80J Dorset Street, :-iessrs. 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MEN ME ■■■■■■■■■■■■■■■■■■■m■Q■E■EEeo■■■■E■■■■!■■EE■■■ MME g- MEg .■■......iEE■■■■■■C■■0■■■.Q■■.■.........■..... MI:Oil Burner■■■■■■■■■Em■■i■■■ ■Dr■■■OC■■■■■■■■■■■i■■■m■■■ ■■E■■■■■■■■■■■fl■■■■OGEE■GE■■■■■■■■■■■■■■m■■■■■ Emmons = : ■■■■■■■■■■■■■■■■■G■■■■■■G■■■■■■■■o0■G■■■/■■■■■ ■■■■■■■■■■■■■■■■Gi!■!■!!a■■■■■■■■■■i0■■■■■■■■■■ ■■■■■■■SM ■■■■■■■■G■■/■■//■■■■■■■■■t■■i■■■■■■■EEO Kitchen Sink .■..■.■..■.■■..o.■■■:.�o........r............� ����%��������ts/iGilL■�!■lE���QCEC�GEIEAOlICC::0NE PROPERTY LINE oe cAsph. _ �? —/ V �J�r Remarks LS Demolition closed O { =��G \ �� '� L`-'Z--- ` � l r `� I j� O� 7 v Cl/ Estimated Cost ROOFING Shingles +4o Plumbing Wood Shingles TILING Asbe•. Shingles Beth Fl. a Wcot Slete Toilet Fl. 6 Wcot,: Ttie LIGHTING Mstel Electric ( Composition No Lighting Roll Roofing NO. OF ROOMS BsmL 2nd. 7rt !- 3rd. FEE COMPUTATION S { SIGNATURE of OWNER or BUILDER APPLICATION: REJECTED ❑ APPROVED Q� — Plans received Yes ❑ No ❑ ADDRESS of OWNER ISSUED TO I Date L fg i 1 SIGNATURE OF CODE OFFICER May 4, 1978 Mr. John P. Trono 65 Thibault Parkway Burlington, Vermont 05401 Re: Notice of violation, conversion of structure, located at 38 Cottage Grove Avenue into duplex Dear Mr. Trono: On July 15 and 26, 1977 you were informed that you had violated the provisions of the South Burlington Zoning Regulations by convert- ing a single family dwelling located at 38 Cottage Grove Avenue into a two family dwelling without obtaining necessary approvals and per- mita. A permit issued by Mr. Page, Assistant Zoning Administrator (permit 06072) allowed for the construction of a single family unit. An investigation of the property revealed that an additional kitchen area has been installed in the lower level and the building is occ- upied by two families. This letter will serve as formal notice, and in accordance with provisions net forth within the State Statutes, you are hereby in- formed that unless corrective action is taken within ten (10) days from receipt of this letter, this matter will be turned over to the City Attorney for whatever legal action he deems necessary, Very truly, Richard Ward Zoning Administrative Officer RWf meg cc: Trono Rental Prop, Attorney Michael Clapp 186 College Street Attorney Richard Spokes City of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL. 863-2891 February 28, 1978 Mr. John Trono 26 Thibault Parkway Burlington, Vermont 05401 Re: Notice of violation, conversion of structure, located at 38 Cottage Grove Avenue into duplex Dear Mr. Trono: 0n July 15 and 26, 1977 you were informed that you had violated the provisions of the South Burlington Zoning Regulations by converting a single family dwelling located at 38 Cottage Grove Avenue into a two family dwelling without obtaining necessary approvals and permits. A permit issued by Mr. Page, Assistant Zoning Administrator (permit #6072) allowed for the construction of a single family unit. An investigation of the property revealed that an additional kitchen area has been installed in the lower level and the building is occupied by two families. This letter will serve set forth within the State corrective action is taken this matter will be turned action he deems necessary. RW/cbp as formal notice, and in accordance with provisions Statutes, you are hereby informed that unless within ten (10) days from receipt of this letter, over to the City Attorney for whatever legal Very truly, -' J Gs'iZ-c -- Richard Ward Zoning Administrative Officer I 10 STATE OF VERMONT CHITTENDEN COUNTY, ss. City of South Burlington ) CHITTENDEN SUPERIOR COURT VS. ) Docket No. John T. Trono and Trono ) Rental Properties inc. ) f1n?,RTCT T 71.:1TI In a civil action, the Plaintiff, City of South Burlington, by and through its attorneys, Spokes & Obucho,•,ski, alleges as follows: 1. Plaintiff, City of South 3urlington, is a municipal corporation situated in Chittenden County, State of Vermont. 2. Defendant, John T. Trono, is a resident of the City of Burlington, County of Chittenden, State of Ver_nont, and Defendant Trono -Rental Properties Inc., is a 17ermont corporation with principal office in Burlington County of Chittenden, State of Vermont. 3. Plaintiff has adopted permanent zoning regulations pursuant to Title 24, Chapter 117, of Vermont Statutes _annotated, which regulations have been in full force and effect and con- tinue in full force and effect for all tir,les material under this coT-iiplai_nt. a. Defendant, John T. Trono, was issued Zoning Pernit ?Dumber 6072 on June 28, 1977 to construct a sing1-e family rr'sildence on a lot of land situated on t�",e `.':?StCr1V sicle Of SPOKES & OBUCHOWSKI ATTORNEYS AT LAW OUTH BURLINGTON. VERMONT SPOKES & OBUGHOWSKI ATTORNEYS AT LAW D'UTH BURLINGTON, VERMONT lCottage Grove in the City of South Burlington. 5. The lot of land in question has a frontage on Cottage Grove and uniform width of 75 feet and a uniform depth of 150 feet, and was conveyed by Defendant John T. Trono to Defendant Trono Rental Properties Inc. by deed dated September 20, 1977 and recorded in Volume 134 at pages 491- of the City of South Burlington Land Records. 6. The subject property is located in the R4 zoning district in which two family dwellings are only permitted on lots with a minimum lot size of 18,000 square feet and a minimum frontage of 100 feet. 7. Defendants have constructed, and are maintaining la two family dwelling on the subject lot. 8. Defendants are in violation of the Plaintiff's Zoning Regulations, and of the provisions of 24 V.S.A. Chapter 1117 as follows: a. Defendants have neither applied for nor obtained a zoning permit from the zoning administrative officer of the City of .1 ' South Burlington for a two family dwelling on the subject property as required by 24 V.S.A. 54443 and 514.35 of the City of South Burlington Zoning Regulations. b. The Defendants have violated the terms and conditions of Zoning Permit =:o. 6072 by constructing and --,ai-nitaininq a two family d�-,elling on th:? s-a2;ject :rc rty, and not a -2- single family dwelling as set forth in said permit. C. Defendants are in violation of Section 14.20 of the City of South Burlington Zoning Regulations for failure to apply for and obtain a Certificate of Occupancy. d. Defendants are in violation of the dimension- al requirements set forth in Section 11.00 of the City of South Burlington Zoning Regulations in that they have constructed and are maintaining a two family dwelling on a lot of land which does not contain at least 18,000 square feet and does not have at least 100 feet frontage on Cottage ^rove. 9. On July 15, 1977 and February 29, 1973 Derendant John T. Trono was notified pursuant to 24 V.S.A. C4444 by certified mail return receipt requested that the two family dwelling, as aforesaid, was in violation of the City of South Burlington Zoning Regulations. (10. The Defendants have failed to take any corrective action to re-nedy the violations. FEREFu�E, Plaintiff prays: 1. That the Court find that the Defendants are in violation of the City of South Burlington zoning regulations and 24 V. S.?1. Chapter 117. 2. That the Court enter a orelimina_-,- i nj anctio ± and ,:)-__-,:-anent in.-dnctlon _ estr _ining t^e De ren,�ants from contir.,_i n POKES & OSUCHOWSKI ATTORNEYS AT LAW UTH BURLINGTON. VERMON., any violations of the Plaintiff's zoning regulations and 24 V.S.A. Chapter 117. 3. That the Court assess a fine of $50.00 per day for each violation pursuant to 24 V.S.A. §4444. 4. That the Court grant any further relief that it deems just, together with costs to the Plaintiff. Dated this day of TVIarch, 1978. CITY OF SOUTH BURLINGTON BY SPOKES & OBUC1-10 SKI EM Attorneys for Plaintiff 1775 Williston Road So. Burlington, VT 05401 Upon infor_nation and belief the allegations contained in this Complaint are true and correct. Dated this c�ay of March, 197P. 0 Zonirig Adriinistrative Officer of the City of South Burlington SPOKES & OBUCHOWSKI jl ATT ATTORNEYS ALAW OUTH BURLINGTON, VER ►IOM( �C March 70 197�9 Attorney Richard Spokes 1775 Williston Road South Burlington, Vermont 05401 Re: John Trono's violation of permit 06072 Dear Dick: Ten days ago we discussed this violation. Trono was informed of this violation by Steve Page and myself (copies of letters enclosed) as of this date, he has taken no action. Dick Underwood, Steve and myself have observed that a second kitchen area has been installed in the lower level. On June 28,, 1977 Steve issued the permit, allowing for construction of a single family dwelling, In addition, John Tronolka agent at the time for Mrs. Meunier was granted a variance to the dimensional requirements, allowing him permission to set-off the lot in question (copy of the notice enclosed). This violation is similar to the one on Best Terrace a few years ago. We settled that one by signing an agreement, upon w'bich Trono agreed not to rent the lower unit, he was allowed to keep the kitchen area. I feel that we should charge him with the violation and in no way agree to any similar settlement, Steve has received complaints from some of the neighbors. We also have listed the action taken by the staff which confirms that he intended to build a duplex from the start. If you need additional information, let me know. Very truly. Richard Ward Zoning Administrative Officer RW/mcg 4 Ehcl _-__---._- _-__--__---- / l__'----- -- ------------ - - ----- ---- - -- -- ----------- - -17-2- -� _�T•r s� - ------ - - - - - -- - --- -- Aet CITY OF SOUTH BURLINGTON PERMIT NO !!(,0 /. APPLICATION FOR ZONING PERMIT 1st. Copy CODE OFFICER Zone...IS.�„�� 2nd. Copy CITY ENGINEER tit 3rd. Copy CITY ASSESSOR 1 4th Copy APPLICANT Date .......... .... 19 7..'7. v• ' The undersigned hereby applies for permission to make certain building Improvements as described below. (Plans to be submitted If required by Building Inspector.) All construction to be completed In accordance with the Zoning Laws and Building Regulations of the City of South Burlington and the State of Vermont, and con- form to the Regulations of the National Board of Fire Underwriters and any and all Federal Regulations now In effect. CONSTRUCTION STREET �_ ��-1'�/7� Jz r—:-.NUMBER 44 OCCUPANCY / FLOORS LOT SIZE: Frontage �,�""� Depth � Lot No. Single Family ✓' B ,} 2 3 Two Family Cement OWNER 1' BUILDER ! /7 Apartment No Fam. Earth fC�%: -�~ % {` Store Pine WATER SUPPLY: Public 0r Private ❑ Offices Hardwood Warehouse Tile Carpet Res. Garage Attic Fl. & Strs. No. Cars Dot.0 Att Gas Station INTERIOR FINISH Additions -Alterations B 1 2 3 FOUNDATION Pine Concrete Hardwood Concrete Block ' Sheetrock f Brick or Stone Unfinished Piers '-I Fianeling Cellar Area Full / Y. % Recreat. Room No Collor Finished Attic SEWAGE DISPOSAL: Public p'' Septic Tank ❑ Permit * ROAD OPENING: (Show layout) Permit # ELEC. WIRING: Underground ❑ Overhead 4, Permit # Plot to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mark N at Compass point Indicating North. Clapboards p ■■■■■■■■■■■■■■■■■6o■■■lad■■e■■■e■■■■■a■■ Wide Siding _ : ■■■■■■■■6i■i6■■■Cre�li■�■ii■iii■BfiiG■■■`■ ='Hot : Air Furnace = o Sheathing � � ■■■■■■i■lQQ■i■Li■ilia■iC■■Gi■■■■■i`■■i■ Wood Shingles ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ Asbas. Shingles = Hot Wet. or Vapor Q ■■■■■■■■■■■■■6ii�GG�i:■■■■0■■■■■■■■■■■■■ ■■■■■■■■■■■■■il■■■■■■■■■!■i■■■■■■■■■■■■■ Stucco on Frame E0r-7ssMrn41.T- ■■■■■■■■■■■■■■■■■■■■■■■fit■■■■Q■■■■■■■■■■ ■iiiiiiiiiiiii�iiiiim■riiii��iiiiiiiiiiii �. G Solid Brick Stone Veneer ■■■■■■■■�■■■■■r■■■■■■■e■■o■■■■■■■■■■■i■ Plate Glass ■ ■■■■■■■■■■■■■[■iQi■■■[1■■■■■■■■[■■■■■■ insulation ROOFING fJo PlumbingT + PROPERLINE �j i1=1i .._- �� 1' Asph. Shingles ✓ —/ �Y --•��- --^ Remarks C3 Demolition ❑ �'l)� 1�1)tilities closed ❑ _ —— Go%�� —�_�_ `fit l �•., i (� t__ Wood Shingles TILING Asbes. Shingles Bath Fl. & Wcot. Slate Toilet Fl. & Wcot. Tile LIGHTING Martel Electric Composition No Lighting Roll Roofing NO. OF ROOMS Bsmt. 2nd.- Estimated Cost 1 rq 1et 3rd• FEE COMPUTATION $�" "` �' Plans received Yes ❑ No ❑ SIGNATURE of OWNER or BUILDER ADDRESS of OWNER APPLICATION: REJECTED ❑ APPROVED SIGNATURE OF CODE OFFICER ISSUED TO Date 1 �� 19 i PERMIT VALID FOR SIX MONTHS 15.105 CLI'_.?TG' - Any establishment whcxe h,-rran patients are examined and treated by doctor or dentists but not hospitalized overnight, 15.106' CLUB - An estab! i.slment operate-JI fc , social, recreational, or education_ -1 p;zrposes but open only to members and not the ,,eneral public. 15.107 Co! m'R("I i -j �» for the p+ , _mos,_ sale a p -o '"<<ct y a group service.. zi o Sher than 15.108 C0?.IPL'1'X -- Ali ,�:, :! in each s��par� is Multi 15.109 DWELLENG, L,,--,!'i_j-I F itI1v - 3eta.u',ed residential dwelling s _ : other than mobile hr,:ra, designed for and cc.-::., �d by one family only. 15.110 DI ELLING, TWO Fr^ 114ILY - A detached residential building containing t,wo dwelling, °janits, designed for occupancy by not more than two families. 15.111 DWELLING, :/FZ 'IPLL I A14IJ,`_' A residential build- ing designed for or occupied by three or more families, with the nuJrber of families in residence not exceeding the ni mber of dwelling units provided. 15.112 DWELLING LENIT - C-ne roam or rooms e �rnccted together, constitvlyng a separate9 independent housekeeping establisrTMent for owner occupancy, or rental or I ea se cn a we�� :ly, monthly, or longer basis, and ph.7sically separated from any other rooms or dwelling units which may be in the :^.oe struct:se, and containing independent cooking and sleeping facilities and bath facilities. 15.113 FAMILY - .:n individual, or two or more persons related by ::i.o.cd, marriage, legal adoption, or those place:' in trio t onme for adoption, and foster chilcl.ren, or a F-rour of not more than five persons (esc:lvdi�ng ono -yore than two servants) who nerd not be related by blood or marriage, living Gs a sin, le house- keeoing lanit. 15.114 LOT lot is a i :r�rcei land of at least sufficient, size tc moet tn,, zoning require- ments -`'(;r use, coti —_—age and aria. •-rld to provide