HomeMy WebLinkAboutBATCH - Supplemental - 0038 Cottage Grove Avenuea r M, -5 �A= �
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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. Curtis, Lawrence, and Lamphere
The representatives showed the Commission a scale Wodel of the proposed
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PROPERTY LINE oe
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Remarks LS Demolition closed O
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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
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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
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ROOFING
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+ PROPERLINE
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Asph. Shingles ✓
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Remarks C3 Demolition ❑ �'l)� 1�1)tilities closed ❑
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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