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HomeMy WebLinkAboutBATCH - Supplemental - 1497 Dorset Street41 , January 29, 2018 Alec K. Slater, Esq. Marc E. Wiener Law Offices, PLLC P.O. Box 433 Burlington, VT 05402-0433 Re: Danaher Custom Services, LLC — 1497 Dorset Street Dear Mr. Slater: I have reviewed your letter of January 26, 2018 regarding the Danaher property at 1497 Dorset Street. I understand your position that the construction of a single family dwelling on this property is permissible under the current uses allowed for the zoning district in which the property lies within. As Administrative Officer, I must literally interpret the court's Stipulation which says that the property cannot be used for a use other than "storage". Therefore, should a zoning permit be submitted for any use other that "storage" on this property, I would have to deny such a request. The City would be open to a motion to have this stipulation altered to allow development under the current Land Development Regulations. Should you have any questions, please let me know. Since nd JBiR � Administrative Officer 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Marc E. Wiener Law Offices, PLLC P.O.Box 433 110 Main Street, Suite IA Burlington, Vermont 05402 Telephone (802) 863-1836 Facsimile (802) 863-1948 Marc E. Wiener, Esq. marc(a)mewlawoffices.com January 26, 2018 City of South Burlington Department of Planning and Zoning 575 Dorset Street South Burlington, VT 05403 Alec K. Slater, Esq. ale d�mewlawoffices.com Re: Danaher Custom Services LLC // 1497 Dorset Street, South Burlington Dear Mr. Belair: I have been asked to issue an opinion and request a determination as to what affect the Stipulation (the "Stipulation") from South Burlington v. Clark W. Hinsdale, Docket Number S0054-95 CnC, signed on August 25th, 1995 by the Honorable Judge Linda Levitt has on the development potential of 1497 Dorset Street, South Burlington, Vermont. The Stipulation is recorded in the South Burlington land records in Volume 381, Page 695 and states in relevant part: "Pursuant to the City of South Burlington Zoning Regulations, the Defendant shall not permit any use of the property for a use other than storage. Without exception, the following uses are prohibited on the Subject Property: (a) outside storage of tires, motor vehicles, construction equipment, boats or other materials; (b) commercial activity, other than storage, consisting of, but not limited to, repairing motor vehicles, boats, construction equipment or other vehicles; (c) conducting any business, other than storage, including but not limited to, steam - cleaning, and the sale or distribution of ice cream." Background: Originally, permits were issued to Howard Chittenden in 1967 for construction of two metal storage buildings. In 1972, the then owner began using the buildings for a mechanical contractor business. Permits were never issued for that change and legal action was pursued by the City of South Burlington. Subsequently, it was agreed that the buildings would be used for storage only. In the 1990's, the then owner, Clark Hinsdale, began using the buildings for a general contracting business and for ice cream distribution. There were trucks constantly coming in and leaving from the premises creating greater activity than would be expected from a storage facility. Again, the City took action and placed Mr. Hinsdale in violation of the zoning ordinances. In November 1994, the matter was referred to the City Attorney and a complaint was filed in Superior Court in December. The consensus of the parties involved in 1994 was that Booska Movers had stored furniture there for over 10 years and that use was acceptable. Outside storage was not acceptable. Current Zoning and Present Owner's intention: This property falls within the South -East Quadrant — Village Residential zone (SEQ-VR). Accordingly, residential dwellings are permitted structures. The use of the existing structures as storage remains a non -conforming use but is permissible pursuant to Section 3.11 of the South Burlington Land Development Regulations provided the nonconformity is not extended or enlarged. The property was conveyed to the current owners, Danaher Custom Services, LLC ("DCS"), from Williamson Properties, LLC on September 20'h, 2017. DCS purchased the property with the intention of building a residential dwelling towards the rear of the parcel and using the existing structures as storage for a construction business. Analysis: The question is whether DCS is prohibited from developing a residential structure on the Property given the current zoning regulations and the Stipulation. First, residential use is permissible within the SEQ-VR zone and, second, the prospective single residential building is within the density limitations set forth for the SEQ-VR. The only impediment that could be seen to stymie DCS's development (from a zoning perspective) is the language found in the Stipulation that states: "The Defendant shall not permit any use of the property for a use other than storage". Particularly the term "any use" is problematic. However, given the intention of this Stipulation and the facts surrounding it, this language is not a barrier for residential development. It is apparent that the intention was to limit commercial use of the property and not all use. The reason the City filed the action in Superior Court was due to the expanded nonconforming uses engaged by the then -owner, Clark Hinsdale. In fact, the Stipulation and accompanying Order do not state that they are binding on Mr. Hinsdale's successors in interest in the Property. This clearly shows that the intent was to prevent Mr. Hinsdale's expanded nonconforming use (trucks coming and going) from continuing. The fact that the Stipulation is does not bind Mr. Hinsdale's successors in interest may even make this Stipulation unenforceable upon DCS. Nevertheless, there is no indication that the Stipulation was intended to prevent residential development. DCS's intention to use the existing structures as storage for a construction business is also permissible under the current zoning regulations and the Stipulation. The use as storage is a nonconforming use. However, this use may continue provided it is not enlarged or expanded. Section 3.11(B)(2) and (6) of the South Burlington Land Development Regulations allow for a nonconforming use to continue provided the building and the use are not expanded or enlarged. In this case, the nonconforming use is storage and DCS does not plan to enlarge the building nor the use. Their intention is to store their construction vehicles and equipment in the building in the evenings and weekends and will not be performing any work there. DCS would like to allow for their employees to drive their personal vehicles to the Property to transfer into a company vehicle and then leave for the work day. They do not intend to store any equipment outside the buildings nor use the premises to engage in repairs or maintenance of their equipment. The noise generated from this activity would be equal to what has existed since 1994 when the Stipulation was signed. Furthermore, if Booska Movers stored furniture on the premises, which presumably resulted in trucks picking up and dropping off items, and this was permissible for over 10 years, it would only be equitable to allow for a similar use by the current owners. The Stipulation prohibits "commercial activity" and "conducting any business" other than storage on the Property. However, the Stipulation is silent as to what extent using the buildings as storage results in permissible activity and impermissible activity. Clearly there must be some allowable coming and going from a storage facility, but it would stand to reason that a storage facility wouldn't be open to the public. DCS does not wish to increase the traffic that would be expected of a storage facility nor use the property as an office to conduct administrative tasks. It is my opinion that the construction of a residential dwelling is soundly within the scope of permissible development for that parcel. Secondly, it is my opinion that use as storage for a construction business, provided the use is not enlarged, would also be permissible. Very Slater, Esq. -- -_-__ 2061 I i � I I ILOT Z- 16,800 SF \ O I PROPOSED 3 I I BEDROOM IXISTING I RESIDENCE ABOVE GARAGE GARAGE I \ Ln I a I � o N Oh � I 120 +1 -\ 1000 GAL — _ GRINDER PUMP s I I � � EXISTING 9f I BARN I m/ C R II G �i � •`kfSTlNG p--�_�-- \ \ I LOT 1- 46,780 SF EWAY G 1 � I�yy fAl ✓ _ E 340 W it 9 Ln LEGEND Property Line — — — — — Well Protective area o O Existing Contour New Contour Sewer S Subdlvlslon line - — — — — — — — - Water Line W Water course + Force main FM FM Natural Gas G Culvert -------------- Overhead power OHP Utility easement - - — - -- Underground elec service E E I �- -- 4 I PROJECT OVERVIEW I 0 20 40 60 I I SCALE V = 100' , I 1 MODIFICATION TO: VERMONT PERMIT #W W-3-2238 PLAN PREPARED BY: CHRISTOPHER C. LEISIER LIC #554 DATE SHEET 1 OF 1 SUBDIVISON PLAN No Text STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VE:RMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL ARTHUR W.CERNOSIA PArri R. PAGE* ROBG:ItT E. FLL"CCHEIi MARK B. WARD* DANIEL T. LEWBART (*AI.8(1 ADMIWEl) IN N.Y.) September 12, 1995 VIA FACSIMILE AND 1ST CLASS MAIL Stuart M. Bennett, Esq. P.O. Box 297 Shelburne, VT 05482 Re: City of South Burlington v. Hinsdale Dear Stuart: It has come to my attention that the tenants who occupy the premises at 1495 Dorset Street are in violation of the Stipulation and Order. Please call me upon receipt of this letter to discuss this violation. V n truly yours, .......... Da 'el T. L r DTL/map cc: Richard Ward P.S. I spoke to Dick Ward following our conversation on the above date, and it is the City,s position that Keenan must discontinue his pressure -washing business activities by the end of business, Friday, September 15, 1995, or the City will pursue all remedies pursuant to the Stipulation and Order. SON1837.COR #3101 Ii�v�Q � Rewded in va an page. _5Q3 9F! of n. RuTRVon -and Rucuirds figl`t _ : -`w_." fill FILED IN ri FA G 2 {,t A Picard, City Gftk COUNTY OF CRITTENDEN, SS. DiarvE h t'�.yttLLEE _. CITY OF SOUTH BURLINGTON 1 CHITTENDEN SUPERIOR COURT V. CLARK W. HINSDALE, JR. STATE OF VERMONT ORDER Docket No. S0054-95 CnC WHEREAS, this Court has reviewed the Stipulation and approves the terms thereof, IT IS HEREBY ORDERED that if Defendant, agents or lessees of defendant, or other persons, shall violate the terms of the Stipulation, from this day forward, Defendant shall be deemed in contempt pursuant to 12 V.S.A. § 122, and judgment shall be in favor of the Plaintiff and against the Defendant as follows: (i) Find the Defendant in violation of § 26.00 et. seq. of the City of South Burlington's Zoning Regulations; (ii) Order the Defendant to pay to the Plaintiff a fine in the amount of Fifty ($50.00) Dollars per day commencing on the date of violation as set forth in paragraphs five (5) through seven (7) of the Stipulation; (iii) Order that any use or violation described or referenced in paragraphs five (5) through seven (7) of the Stipulation shall immediately cease; and (iv) Order that Defendant pay to Plaintiff all reasonable attorneys' fees incurred by Plaintiff in connection with enforcing the Stipulation and Order. IT IS FURTHER ORDERED that upon approval of the Stipulation by this Court, the above matter is marked "dismissed without prejudice." Dated at Burlington, Vermont, this 25 day of August , 1995. Presiding -fudge , Linda Levitt soN22s.s( STATE Oh VERMONT COUNTY Oh CHITTL•NDEN, SS. CITY OP SOUTH BURI_,INGTON ) CHITTENDEN SUPERIOR COURT v. ) Docket No. S0054-95 CnC CLARK W. IIINSDALE, JR. ) s'n P U LATION NOW CON411 the parties in the above matter, City of South Burlington and Clark W. Flinsdale, Jr., by and through then' respective counsel, and CIO hereby stipulate as follows: I. 'ncc Plaiiiiin-, City of South Burlington, is a municipality located in the County of Chittenden, State of'Vermont. 2. The Dcfcndanl, Clark W. I Iinsdale, Jr., is a resident of Charlotte, County of Chiltendcn, Statc of Vcrmont. 3. Defendant is owner of property located at 1497 Dorset Street (liereinafler "Subject Property"), in the City oCSouth Burlington, County of Chittenden, Stale of Vcrmont. 4. The permitted use on the Subject Property, storage, is a nonconforming use pursuant to 24 V.S.A. § 4408 and §2100 et seq. of the City of South Burlington Zoning Regulations. S. i ursuant to the City of South Burlington Zoning Regulations, the Dcfcndanl shall not permit any use of the property for a use other than storage. Without exception, the fAlowing uses are prohibited on the Subject Property: (a) outside storage of tires, motor vehicles, construction equipment, boats or other materials; 1) commercial activity, other than Storage, consisting of, but not limited 10, 1"Cpairing motor Vehicles, boats, COnSIRICtlOn equipment or other vehicles; (C) con&xdng any business, other than storage, including but not limited to, steam -cleaning, and the sale or distribution of ice cream. P.G. ,nw —1— A.,' rr nsm t 6. The Defendant, agents, employees, lessees, or sub-lcssccs of Dcfcnclant, or other persons that use the Subject Property, agree to comply with all "Performance Standards" as set forth in the Soutll Burlington %Oiling Regulations, as amended, November 7, 1994. Specifically, the Dcfcnclant, agents, cmployccs, lcssccs or sub-lcssccs of Dcfcnclant, or other persons, agree to comply with the requirements and limitations imposed on activities which involve or cau5C Dire and Explosion Hazards; Vibration; Noise; Air Pollution; Odors; and "Li id and Solid Wastes. 7. More specifically, Defendant, agents, employees, lessees, or sub-lcssccs of Dcfcndant, or other persons that use the Subjcct Property, agree not to create or allow the I creation of noise in excess of the following staled limits in the City during the hours of 12 midnight and 8:00 a.m.: 1. 45 dBA (based on a OIIC IIOLlr average) n1casurccl at any point where the property oil which the noise emanates adjoins any property used for residential purposes. S. If Defendant, agents, cmployccs, lessees, or sub-lcssccs of Defendant, or other persons that use the Subject Property, shall violate any of the terms in paragraphs five (5) through seven (7) above, Defendant shall be C1ccI11Cd ill COntCillpt pUl"5Uant to 12 V.S.A. § 122, and judgment shall be in favor of the Plaintit7'and against the Dcfcndant as follows: (1) Pind the Dcfcndant in violation of § 26.00 cl. seq. of the City of South Burlington's zoning Regulations; (ii) Order the Defendant to pay to the Plaintiff fine ill the amount of Pifly (S50.00) Dollars per clay Commencing on the date oi'violation set forth in paragraph Five (5) above; and (iii) Order that any use or violation described in paragraphs five (5) through seven (7) —2— above shall immediately cease. 9. Plaintiffshall be entitled to recover all reasonable attorneys' fees incurred by Plaintiff in connection with enforcing the Stipulation and Order. Z. Dated at Burlington Vermont, this clay or August, 1995, C of South PLSCI. gton By:_- Danicl ' Lew Dated at Shclburnc, Vermont, this day of August, 1995. Clark W. Hinsdale, Jr. By: Stuart Bennett, Esq. 9 P.O. BOX 297 0 Shelburne, VT 05482-0297 SON226.1.11' 03101 Im —3— STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* ARTHUR W. CERNOSIA ROBERT E.FLETCHER MARK B. WARD* DANIEL T. LEWBART (*ALSO ADMITTED IN N.Y.) August 11, 1995 Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington VT 05403 Re: City of South Burlington v. Hinsdale Dear Dick: Please find enclosed a time -stamped copy of the Stipulation which has been entered into between the City of South Burlington and Clark W. Hinsdale, Jr. The Stipulation was filed with the Court on August 11, 1995. Also enclosed is a copy of the Order which was submitted to the Judge for signing. Once we receive a signed copy of the Order I will forward the same to you. I appreciate your help and input throughout the course of this matter and, hopefully, the use will come into conformity with the terms of the Stipulation. Thank you for your kind attention. Very truly y9urs, i D el w r DTL/gmt Enclosure son1777.cor #94-3101 STEVEN F. STITZE1, PAT99 R. PAGE* MARK 13. WARD* DANIEL T. LEWBART (*Al,.%O ADMITTED IN N.Y.) Ronald C. Schmucker, Perry & Schmucker 1480 Williston Rd. PO Box 2323 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 Esq. (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 August 11, 1995 So. Burlington VT 05407-2323 Re: City of South Burlington v. Hinsdale Dear Ron: OF COUNSEL. ARTHUR W.CERNOSIA ROBERT E.FLETCHER Please find enclosed a time -stamped copy of the Stipulation which was entered into between the City of South Burlington and Clark W. Hinsdale, Jr. on August 11, 1995. I also enclose for your reference a copy of the Order which will be signed by the Judge. I also would like to thank you for your valuable suggestions which were helpful in bringing about resolution of this matter. I urge you to have your tenants and neighbors in the surrounding area keep an eye on the property, and if there is any observable violation, the City should be notified immediately. Again, thank you for your time and input. Ve truly yours, Da Ce . L > t DTL/gmt Enclosure cc: Richard Ward'/ son1778.cor #94-3101 STEVEN F. STITZEL PATTI R. PAGE* MARK B. WARD* DANIEI. T. LEWBART (*ALSO ADMITTED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 August 28, 1995 Richard Ward City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: City of South Burlington v. Hinsdale Dear Dick: OF COUNSEL ARTHUR W.CERNOSIA ROBERT E.FLETCHER Please find enclosed a signed Order from Judge Levitt dated August 25, 1995. Please note the City should record the Order and Stipulation in the Land Records to ensure that future persons who buy or use the subject property will be on notice of the restrictions placed thereon. Should you have any questions or comments, please give me a call. Very,truly yours, D e1 T. Lewbart DTL/map Enclosure SON1817.COR STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BA1"PERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEI° FAX (802) 660-2552 PAT`f'1 R. PAGE* MARK H. WARD* DANIEL T. LF.WHART (*ALSO ADMI'1"11,I) IN N.Y.) August 16, 1995 Ronald C. Schmucker, Esq. Perry & Schmucker P.O. Box 2323 South Burlington, VT 05407-2323 Re: City of South Burlington v Clark W Hinsdale, Jr Docket No. S0054-95 CnC Dear Ron: OF COUNSEL. ARTHUR W.CPRNOSIA ROHERT E. FLETCHER Again, thank you for your input regarding the above - captioned matter. I discussed your suggestion with Steve Stitzel concerning the insertion of "assigns" into the Stipulation. It is Steve's feeling that the Stipulation, as written, is sufficient to run with the land, and therefore, the additional language is not necessary. We will, however, be recording the Stipulation and Order as you suggested. 1 Finally, as a general matter, building permits under the zoning regulations run with the land, and in the event Mr. Hinsdale should sell this property, we would take the position that the Stipulation runs with the land under the South Burlington Zoning Regulations. Should you have any questions or comments regarding the above, please give me a call. V truly yours vt_ Dan T. Lewbart DTL/map cc: Richard Ward SON1789.COR #3101 STEVE,,N F. STIT7.E1, PATTI R. PA(;E' MARK 13. WARD• DANIEL T. LEWBART (3AI,.S0 ADMIT 1�11) IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICEITDD) FAX (802) 660-2552 August 16, 1995 Stuart M. Bennett, Esq. P.O. Box 297 Shelburne, VT 05482 Re: City of South Burlington v. Clark W. Hinsdale Jr. Docket No. S0054-95 CnC Dear Stuart: OF COUNSEL ARTHUR W. CERNOSIA ROBERT E. FLETCHER Please find enclosed a signed, time stamped copy of the Stipulation regarding the above -captioned matter. We should be receiving the signed Order from the Court shortly. Also, after discussing this matter with Ronald Schmucker, Esq., we will be recording the Stipulation and Order in the South Burlington Land Records. Should you have any questions regarding the above, please give me a call. Very truly yours, D �fLewb� t DTL/map Enclosure cc: Ronald C. Schmucker, Esq. Richard Ward SON1788.COR #3101 STATE OF VERMONT COUNTY OF CHMENDEN, SS. CITY OF SOUTH BURLINGTON CRITTENDEN SUPERIOR COURT Docket No. S0054-95 CnC CLARK W. HINSDALE, JR. ) NOW COME the parties in the above matter, City of South Burlington and Clark W. Hinsdale, Jr., by and through their respective counsel, do hereby stipulate as follows: 1. The Plaintiff, City of South Burlington, is a municipality located in the County of Chittenden, State of Vermont. 2. The Defendant, Clark W. Hinsdale, 11., is a resident of Charlotte, County of Chittenden, State of Vermont. located at 1497 I)oxset Street (hereinafter "Subject 3. Defendant is owner of property Property,), in the City of South Burlington, County of Chittenden. State of Vermont. 4. The permitted use on the Subject Property, storage, is a nonconforming use pursuant to 24 V.S.A. $ 4408 and §25.00 et , of the City of South Burlington Zoning Regulations, 5. At no times shall the Defendant permit' use of the pr'y for a use other the storage. Without exception, the following uses are prohibited on the Subject Property: (a) ou tside storage of tires, motor vehicles, construction equipment, boat' or other materials; (b) commercial activity, other than storage, consisting of, but not limited to, repairing motor vehicles, boats, construction equipment or other vehicles, (c) conducting any business, other —1— b:'? 3t�H3 than storage, including but not limited to, steam -cleaning, and the wale or distribution of ice cream. 6. The Defendant, age"", employees, lessees, or sub -'Le w-s of Defendant, or other persons the Subject PrcrpertY, agree to comply with all "Performance Standards" as set forth in the South Burlingt0r. Zoning Regulations, as amended, November 7, 1494• Specifically, the Defendant, agents, ernpoyrs, lesssub-sub-lessees ees or of Defendant, or other persons, agree to comply with the requirements and limitations imposed on achvikies which involve or Noise; A.ir..Eo1l ; ()dm; and L.i4lidatad cul cause Eire -and APWsion_Em dg; Yibrati ; Qniicl W2510. 7. More specifically, Defendant, agents, employees, lessees, or sub -lessees of Defendant, or other persons that use the Subject Property, agree not to create or allow the creation of noise in excess of the following stated limits in the City during the hours of 12 midnight and 8:00 a.m.. measured at any point where the 1. 45 dBA (based on a one hour average) any used for property on which the noise emanates adjoins�' Property residential purposes. 8. If Defendant, agents, employees, lessees, or sub -lessees of Defendant, or other persons that use the Subject Property, shall violate any of the terms in paragraphs five (5) through seven (7) above, Defendant shall be deemed in contempt pursuant to 12 V.S.A. § 122, and judgment shall be in favor of the Plaintiff and against the Defendant as follows: (i) Find the Defendant in, violation of $ 26.00 et. seq, of the City of South Burlington's Zoning Regulations; to the Plaintiff a fine in the amount 4f Fifty (550.00) (ii) Order the Defendant to pay —2— t Env, Dollars per day commencing on the date of violation set forth in puagraph five (5) above; and (1 "1i) Order that any use or violation described in paragraphs five (5) through seven (7) above shall immediately cease. 9. plaintiff shall be entitled to recover all reasonable attorneys' fes incurred by Plaintiff in connection wit' enforcing the Stipulation and Order. Dated at Burlington, Vermont, this — day of August, 1995. City of South Burlington By: Daniel T. T.,ewbart, Eaq. Dated at Shelburne; Vermont, this day of August, 1995, Clark W. Hinsdale, Jr. 30N226.Lrr 03101 By: Stuart Bennett, EgQ• P.O. Box 297 Shelburne, VT 05492-0297 -3- k PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. O. BOX 2323 SOUTH BURLINGTON, VERMONT 05407 ROBERT J. PERRY RONALD C. SCHMUCKER ELIZABETH F. NOVOTNV June 22, 1995 South Burlington City Council 575 Dorset Street South Burlington, VT 05403 Re: Clark Hinsdale/Steel Building West Side of Dorset Street/Commercial Operations in Residential Zunc Dear Members: n _ TELEPHONE (802) 863-4558 TELECOPIER (802) 862-0937 I wish to bring to your attention an eyesore which happens also to be a blatant violation of our zoning regulations concerning the operation of a commercial enterprise in a residential zone. I own the residence at 1495 Dorset Street which adjoins referenced property on the east. It is occupied by my tenants. I have been in discussion with Mr. Charles Shea who owns adjoining premises on the North and we are in agreement that this violation must stop. Those steel buildings were permitted to be built under a building permit that allowed their construction for the storage of agricultural products. I am not certain of the history but I believe that it was not used for the permitted purpose for more than a year or two when it became the place of operation for Howard Chittenden's Plumbing and Heating business. That started a long series of uses which were and are in violation of the ordinance. I have spoken with the City Attorney's Office in conjunction with a lawsuit brought by the City to prosecute the zoning violation about the availability of myself and my tenants at 1495 Dorset Street as witnesses. I would like to urge the City Council to instruct the City Attorneys Office to prosecute this matter to its completion so that once and for all these buildings are used in conformity only with what was permitted, or be r oved. Very ly your , • 1. . Ronald C. hmucker, Esq. RCS/smb cc: Charles Shea, Esq. n Mi printed on recycled paper M E M O R A N D U M To: Chuck Hafter, South Burlington City Manager From: Richard Ward, Zoning Administrative Officer 104 Re: 1495 Dorset Street Date: June 26, 1995 History of 1495 Dorset Street Permits were issued to Howard Chittenden in 1967 for construction of two metal storage buildings (301x 40' & 40' x 60'). In 1972, the use changed from storage to mechanical contractors. That use never secured permits and legal action was pursued by the City. We reached an agreement to allow inside storage, that use recently changed. The new uses are general contractor's and ice cream distribution. Both uses are not permitted and therefore Clark Hinsdale (the owner of the property) was placed in violation by this office. In November 1994, the matter was referred to the City Attorney. Dianne Kenney and Dan Lewbart have worked on this case since November. A complaint was filed with the Courts in December. The attorney's involved have discussed the zoning issues and are working on a agreement which would return the use back to storage. Booska Movers had stored furniture for 10 plus years which was acceptable. Outside storage is not acceptable, herein lies the problem. In an attempt to settle this matter, the lawyers have drafted a stipulation that would not permit any other use of the buildings. The area in question allows Agriculture, horticultural and residential. IT ? /� �f r, w C 0 0 Q a c a a 1 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICF.ITDD) S'1'1,:V1,,N 11. SI'ITLEL FAX (802) 660-2552 OF UOUNSEI, AIMIUR. W. C,ER.NOSIA PATTI It. PAGE' ROI3P:R'P E. I'LI?'1'C1{ER DIANNE I,. KENNEY LAURIE A. LeCLAIR (*Al..v(1 A-111"1'VII IN N.Y.) November 14, 1994 Melanie Turner Hinsdale Properties 294 North Winooski Avenue Burlington, Vermont 05401 Re: City of South Burlington Zoning Violation - 1497 Dorset Street Dear Ms. Turner: This office represents the City of South Burlington. On October 11, 1994, the City of South Burlington Zoning Administrative Officer sent you a Notice of Violation informing you that there has been an unlawful expansion of the non- conforming use at the above address. Such an expansion amounts to land development without a permit. In addition, the subject building is being operated as a daily commercial use in violation of the City Zoning Regulations. All outside storage and unpermitted commercial activity at 1495 Dorset Street must stop immediately. In the event that those activities do not cease on or before Monday, November 21, 1994, we will immediately commence a legal action against you. Thank you for your cooperation. Sincerely, Dianne L. Kenney DLK/smw SON1535.cor cc: Richard Ward Joseph Savio Maintenance Manager Hinsdale Properties Burlington, Vt. October 19,1994 Mr. Richard Ward Planning Administrator City of So. Burlington 575 Dorset St' So. Burlington, Vt.05403 Dear Richard, This letter follows up on our phone conversation regarding 1497 Dorset St. We are going to submit an application for change of use for that property on or before 10/27/94. I apologize for the extended time frame for submitting the application, but I need to research the records for plot plans and building locations. Please bear with me for this period of time and I will have the appropriate forms forthcoming' Thank You for your help in this matter. Joseph Savio, Maintenance Manager -- X/V� L/ City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 11, 1994 Ms. Melanie Turner Hinsdale Properties 294 North Winooski Avenue Burlington, Vermont 05401 Re: 1497 Dorset Street Dear Ms. Turner: ZONING ADMINISTRATOR 658-7958 This letter will confirm our conversation regarding the use of the property in question. In my letter to you on September 22, 1994, you were informed of the fact that the present use (inside storage facility) is a non -conforming use. The expansion of a non -conforming use is prohibited and any change would be subject to a variance. The property now has uses that result in the outside storage of trucks and automobiles. It appears that the building now is operating as a daily commercial use, i.e. warehousing and distribution. My records fail to show that any approvals were requested. You are permitting uses which are in direct violation. Corrective action must be taken within seven (7) days from receipt of this letter. Failure to do so will result in this matter being turned over to the City Attorney for whatever action he deems necessary. Thank you for your cooperation in this matter. Very truly, / Richard Ward, Zoning Administrative Officer RW/mcp Certified letter #P 280 219 055 September 26, 1994 Eric L_aRock 61 Hungerford Terrace Burlington, VT 05401. Dear Eric: I write concerning your current usage of the warehouse at 1797 Dorset Street. I have enclosed a copy of a letter which I received from the Zoning Administrator of the City of South Burlington regarding what appears to be storage outside of the building. I was unaware that you were storing vehicles and boats outside. It was my impression that you planned to use the warehouse for storage of equipment and trucks. The lease specifically states that the demised premises are "one 40X96 Steel Fabricated Storage Building". I now request that you remove all vehicles etc. from the outside of the warehouse and that you refrain from this type of storage in the future. If you have any questions or would like to further discuss this matter, you may contact me at 862-1148. Thank you in advance for your forthcoming and ongoing cooperation. Sincerely, Melanie Turner Property Manager Hinsdale properties cc: Tenant file Richard Ward, Zoning Administrator HINSL)ALE PROPERTIES 294 North Winooski Avenue, Burlington. VT OS401 802 862 1148 September 26, 1994 Thomas Sykas Burlington Tire Removal 25 St. Mary Street Burlington, VT 05401 Dear Thomas: I write concerning your current usage of the warehouse at 1797 Dorset Street. I have enclosed a copy of a letter which I received from the Zoning Administrator of the City of South Burlington regarding what appears to be storage outside of the building. I was unaware that you were storing vehicles and boats outside. It was my impression that you planned to use the warehouse for storage of equipment and trucks. The lease specifically states that the demised premises are "one steel frame warehouse approximately 40X56". I now request that you remove all vehicles etc. from the outside of the warehouse and that you refrain from this type of storage in the future. If you have any questions or would like to further discuss this matter, you may contact me at 86`-1148. Thank you in advance for your forthcoming and ongoing cooperation. Sincerely, r Melanie Turner Property Manager Hinsdale Properties cc: Tenant file Richard Ward, Zoning Administrator HINSDALE f'Ro l ERTIES 294 North Winooski Avenue, Burlington, VT 05401 802 862 1148 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 September 22, 1994 C.W. Hinsdale 294 North Winooski Avenue Burlington, Vermont 05401 Re: 1497 Dorset Street Dear Melody: ZONING ADMINISTRATOR 658-7958 It appears that the use of 1497 Dorset Street has changed. The prior use (inside storage) was a non -conforming use which was grandfathered. Recently, outside storage of trucks, boats and automobile has been observed on the property. Outside storage would be prohibited within the Southeast Quadrant District. In addition, the extension of a non -conforming use is prohibited. The present use of the property is in violation of the City's zoning by-laws. This matter must be resolved in order to prevent further legal action on behalf of the City. Your cooperation is requested, the vehicles must be removed from the property. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp STEVFN F. STITZEL PATTI R. PAGE- DIANNE L. KENNEY LAURIF, A. LCCLAIR MARK B. WARD (*AI.S() ADMIT'.') IN N.Y.) Kevin McLaughlin, Chittenden County PO Box 1426 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICEITDD) FAX (802) 660-2552 December 22, 1994 Sherif f Burlington, Vermont 05402 Re: City of South Burlington v. Clark W. Hinsdale, Jr. Dear Sheriff McLaughlin: OF COUNSEI, ARTHUR,W.CERNOSIA ROBERT E.FLETCHER Enclosed please find copies of a Summons and Complaint for service on the Defendant, Clark W. Hinsdale, Jr. Mr. Hinsdale may be served at his home address at 295 Pearl Street, Burlington, Vermont 05401 or at his business, Hinsdale Properties, located at 294 North Winooski Avenue, Burlington, Vermont 05401. If you have any problems locating the Defendant, please let me know.. Thank you. Sincerely, Dianne L. Kenney DLK/smw SON1569.cor Enclosures cc: Richard Ward (w/encl.) STATE OF VERMONT COUNTY OF CHITTENDEN, SS. CITY OF SOUTH BURLINGTON, ) CHITTENDEN SUPERIOR COURT V. ) Docket No. CLARK W. HINSDALE, JR. ) SUMMONS TO THE ABOVE -NAMED DEFENDANT, CLARK W. HINSDALE, JR.: You are hereby summoned and required to serve upon Stitzel & Page, P.C., Plaintiff's attorney, whose address is 171 Battery Street, Burlington, Vermont 05401, an answer to the Complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Your answer must also be filed with the Court. Unless the relief demanded in the Complaint is for damage covered by a liability insurance policy under which the insurer has the right or obligation to conduct the defense, or unless otherwise provided in Rule 13(a), your answer must state as a counterclaim any related claim which you have against the Plaintiff, or you will thereafter be barred from making such claim in any other action. i (�1 < 'r / �STITZEL & PAGE, P.C. DATED:A.CP101 Attorneys for the Plaintiff Dianne L. Kenney TiTZEL & PAGE,, P.C. SON208 . lit ATTORNEYS AT I,AW #3101 171 BATTERY STREET JR.IANGTON, VERMONT 05401 iTITZEL & PAGE,, P.C. ATTORNEYS AT LAW 171 RA17ERY STRNET URLINGTON, VERMONT05401 STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON ) CHITTENDEN SUPERIOR COURT V. ) Docket No. CLARK W. HINSDALE, JR. ) COMPLAINT NOW COMES the City of South Burlington, by and through its attorneys, Stitzel & Page, P.C., and hereby complains as follows: 1. Plaintiff is a municipality located in the County of Chittenden, State of Vermont. 2. Defendant is a resident of the City of Burlington, County of Chittenden, State of Vermont. 3. Defendant is the owner of property located at 1497 Dorset Street, in the City of South Burlington, County of Chittenden, State of Vermont. 4. The use of the property at 1497 Dorset Street is a non -conforming use pursuant to 24 V.S.A. §4408. 5. Expansion of a non -conforming use is prohibited pursuant to City of South Burlington Zoning Regulation §26.00 et seq. 6. On December 11, 1994, the City of South Burlington Zoning Administrator, Richard Ward, issued a Notice of Violation for the expansion of the non -conforming use at 1497 Dorset Street; said expansion consists of the outside storage of motor vehicles and use of the building for commercial purposes. -1- 7. In response to the above Notice of Violation, Defendant has failed and/or refused to correct the violation. WHEREFORE, the Plaintiff respectfully requests that this Court grant the following relief: 1. Find the Defendant in violation of §26.00 et seq. of the City of South Burlington Zoning Regulations; 2. Order the Defendant to pay to the Plaintiff fines in the amount of $50.00 per day commencing on September 11, 1994 until the date of its Order, for violations set forth in Paragraph 1 above; 3. Order that all storage of motor vehicles and use of the building for commercial purposes at 1497 Dorset Street immediately cease; 4. Such other relief as the Court deems just and fair. Dated at Burlington, Vermont this day of December, 1994. SON207.1it #3101 MTZE.L & PAGE„ P.C. ATTORNEYS AT LAW 171 BATTERY STREET URLINGTON. VERMONT 05401 STITZEL & PAGE, P.C. Attorneys for the City of South Burlington By: Dianne L. Kenney / -2- EtdWEREj&. 6.EeEE 89BEM- - THrS AGREEMENT between thereinafter Latndlortf), hereinafter Tenant)I CLt)E�N. W. HINSUALL, JR. of Burlington, Vermont Band Eric LdRack of Burlington, Vermont, , W 1 "' N L' S S E T H p In consideration Of rental below specified in mr_:tuatl ants and facoCOvenven Promises hereinafter recited, the p,�rties agree as 1. Landlord hereby leases to the "Tenant and Tenant hereby rents from Landlord, for the terms and upon the conditions, set atgreament, those premises sitt.tattu�d forth in this in the City of So. County Of Chittenden, and State of VermontBurlington ,as 1�►`�7 Dorset 13tr fit, : presently known and �'a I l aws p more par-ticUlarly described as One 40X96 Steel Faabricated Storage Building �. .2,1 ►= The term Of this Lease shatll be for one ear - the 16th day of August , 1994. � Y , commencing on `'. R2I1ti The f'enant covenants to pay to the Landlord for the first One Year of this Lease a monthly rental of Five Hundred DOLLARS payable without demand Or noticet in advance on the t� daY of eatch month. 'Thereafter, the rent shall increase annually either a) in percent rW the Consumer Price Index, Bureau rea equal to the }percentage increts ae in Of Labor Statistics, Department aP Labor, United States (aaver-nment, the adjustment to be made on vra anniversary of this Lease, based on the each lMarrstamer price Index Par the calendar year preceding that anniversary; or b) in an amomnt equal to the increase in real estate taxes and insurance premiums paid by Landlord for the demised premises. The each year to rOmp+.tte the annual, rental increasescshatll be inhoice Of theLandlord's sole discretion. It Is agreed that �-,E,. of" the 'total taxes and ins 3 percent (86.3%) .itrantWe premiums paid by LAndjurd for the real estate and improvements on which the demised premises are situatted, ,are allacetble to the demised premises. In no event shall r the rent be decreased) ,e fit f�� TAXES ARE *897. 34 ANNUALLY. INSURANCE IS $285. 34 ANNUALLY. ryy In the event that any rental pAym,@nt (whether it be rent Lander this section, or additional rent as hereinafter proyiidedl® for), is not made when due, or, within ten (10) days thereafter, there shall be imposed an additional chatrfle the amount Of five fOfrcent t57�) amount of such payment as is in arrears. In the event suchof rent ar additional rent is in arrears more than one Tenant shrill pay Landlord interest on any such tl) Month, then a,r^reagrage at the rafts Of eighteen percent (18%) per annum. 4. ticlMr- Y. 2122 ILA The Tenant has this date deposited with Landlord the sum Of ONE THOUSAND DOLLAHS ( 1 ��C�. (}Ct} as a for the faithfulperformance of and in compliance ewithtall the:( terms and conditions of this Lease. Said deposit shall by rettdrned without interest and within ,a reasonable time after the expiration of this Lease, after the Landlord has inspected the premises, found leased, ordinary wear an them to be in the Same condition as wh weary at tear excepted. In the event there is damage beyond such ordinary such damage shald tear, the pa<rti$a hereto agree that the cost of repairing remainder of the l first be paid from the security deposit, and the sec+.trity deposit, if any, shall then be returned 9/s 3]dd 3 dd�3i3ZL 9ti 'AOIN c) The cast " all Utilities used on t premises Landlord as a result of Tenant's failure topayPaid by said amoincluding but not limited to electricity, gas, water anduntss sewage disposal and telephone. d) All of the sums which may become due as an expense of Tenant, in accordance with the terms of this Agreement, which Landlord pays upon 'Tenant's failure to pay. Any additional rental which may become due hereunder shall be due upon demand therefor made by Landlord upon Tenant, and in the event of non-payment, Landlord shall have the rights and remedies as herein provided for failure to pay rent. 11. ImBl:gUm1801 No alterations, additions or improvements of the demised premises, except as stated above, may be made by the Tenant without the express Prior written Consent of the local health and building authorities and the Landlord. Any alterations, additions or improvements which may be allowed by the Landlord sherd remain a part of the demised premises upon the termination of this Agreement, and shall, inure solely to the benefit of the Landlord without compensation to the Tenant. 12. Q22-L Tenant shall utilize the demised purpose of` conducting a storage facility fortequipmenses for thandotrucks. and shall be solely responsible for Obtaining all necessary Mrovaal by the Local and State zoning authorities. Tenant shall have the use of parking spaces, to be designated by the Landlord, in the parking lot adjacent to the demised premises during working hours only. Any motor vehicle of Tenant on the premises other them during working hours may be towed by the Landlord at Tenant's expense. The Tenant shall use the premises in a quiet and orderly fashion, without disturbanceto the other occupants of the building, including the residential Tenants of the Landlord (if any), located in the building. The Tenant shall not permit anything to be done or remain in and about the premises that will In any way create a public or private nuisance, health or safety hazard, Or interfere with other Tenants in the building or neighbors. Any personal prop- erty of Tenant left outside the P40mises without the Landlord's written consent shall be deemed abandoned and may be disposed of as Landlord sees fit. Tenant shall maintain a► proper number and type Of working fire extinguishers on the premises. -Tenant shall not use the premises as an abode, or allow others to use the Premises in a like manner. No pets Shall be kept on premises. C-411ally A HIM11111 if the demised premises or any portion thereof are made untenentaable by fire, the elements or other casualty, rent for either the entire demised premises or the affected portion thereof, as the case may be, shall abate from the date of such casualty to restoration of tenantabil,ity, and the Landlord may restore same with reasonable speed and if the Landlord does not so restore the demised premises or the affected portion to tenantmbility within ninety (90) days after such Casualty, then the Tenant mawy terminate this Lease retroactively to the date of casualty. A decision to repair such damage shall remain solely with the Landlord, 9/9 '3sdd Z5VdV72ZLI1S 50 V KE0 96 . 91 TON THIS AGREEMENT between CLARK W. HINSDALE, JR. of Burlington, Vermont (hereinafter Landlord), and Thomae Sykas of BURLINGTON TIRE REMOVAL o 2S St. Mary Street, Burlington, VT 9 � ► hereinafter Tenant) s • i' In consideration of promisees hereinafter 1. W I T N E S S EC T H 2 rental below specified in mutual covenants and recited, the parties agree as follows: Landlord hereby leasQe to the Tenant and Tenant hereby L. tndlord, for the terms and upon the conditioner set forthnin this agreement, theme premisesa situated in the City of South Burlington, County of Chittenden, and State of Vermont, presently known and dogignated as 1497 Dorset Street, more particularly described an follows: STEEL FRAME WAREHOUSE APPROXIMATELY 40x56 2. TRCMi The term of this Lease +shall be for one year, commencin on the 15th day of September, 1994. g 3. Egad They Tenant covenants to one year of this Lease a monthlypraentalOf FourHundred DOLLARS the lat t 400.00). payable without demand or noticee# in advance on the Pirst day of each month. The choice of method each year to compute the annual rental increases mha discretion, ll be in the Landlord's sole Tt is agreed that 33 send insurancepremiums paid by Landlordnfor3the reetalhestatelanta dxee impravementa an which the demised Premieen allocable to the demised pr Mieem and shallabe situated, are Paid to the Tenant within 15 days after billing.rhe Landlord by Taxesfir are •448.66 and insurance is $142.66. An noevent shall thetrentrbe decreased. In the event that any rental payment (whether it be rent payable under this Section, or additional rent as hereinafter provided for), is root made when due, or within ton tie) days thereafter, shall be imposed an additional charge of five percent (5)L) of the amount of such Payment arc is in arrears. rent or additional runt in in arrears more thennonee(1) emonth,shthan Tenant shall pay Landlord Interest on any such arrearage at the rate of eighteen percent (18%) per annum. 4. 9tg2ri1Y RRPO§it, The Tenant has this date deposited with Landlord the mum of Eight Hundred DOLLARS t*800, for the faithful performance of and in complianceewith talletheit terms and conditions of thin Lease. Said deposit shall be returned with interest and within a reasonable time alter the expiration of this Lease, alter the Landlord has inspected the premises, fecund them to be in the same condition as when leaned, ordinary wear and teear excepted. In the event there is damage beyond such ordinary wear and tear, the Parties hereto agree that the cost of repairing such damage shall tirat be paid from the security deposit, and they remainder of the security deposit, if any, shall then be returned .to Tenant. Said deposit shall in no way limit or preclude Landlord from seeking additional sums far no e in amount that exaeeda said security deposit. ThebTenantnherebyn explicitly authorized the Landlord to anniv +I%- B/L EtWd 3�dd*7aZ _ T S 90 t,? i,6 , e t 'Apl4 12. nt of non-payment, Landlord shall have herein provided for failure to pay rent the rights and remedies gXcID�g �_ No altarations, additions or improvements of the Lased premises, except as stated b ant without the express a ova, may be made by the. .th and building authorities andithetnLandlord. consentofAnye local 'rations, additions or improvements which may be allowed by !lord shall remain a part a# the demised premises upon the termination of this Agreement, and shall inure solely to the benefit of the Landlord without compensation to the Tenant the Uses Tennant shall utili2a the demised promi` pons .sal conductingmole responsible a storage Warehouse, ands1 hallrbehsolely ible for obtaining all necessary approval by the Local and State zoning authorities. Tenant shall have the use of any parking Spaces, to be designated by the Landlord, in the parking lot adjacent to the demised promisee during working hours only. Any motor vehicle of Tenant on the premises other than, during working hours may be towed by the Landlord at TePnent's expense. hours are hereby agreed to be 24 (hours) onq• The Tenant Tenant's Marking unless otherwise agreed to in writin t sh Promises in a quiet and orderly nant shell use the fashion, without diasturbancw to the other acoupants of the building, including the residential Tenants of the Landlord (if any), located 3n the building, The. Tenant shell not permit anything to be dame or remain in and about the premises that will in any way create a public or nuisance, health Or safety hazard, or interfere with private, Other Tenants in the building or neighbors. An arty of Tennant loft outside the y personal prop - Written consent shall be deemed without the he LanddisPlord's hbandaned of as Landlord sees fit. Tenant shall maintain a proper number and typo of working fire extinguishers on the not use the premises ad an abode, or allow pothers ato use ethe nt efhall premises in a like manner. No pets shell be, kept on premiers. 13. casualty to ergmiffeesl If the demised premises or any portion thoxe•of are made untenantable by fire, the elements or other casualty, rent for either the entire. de►mi,sod premises or than affected portion thereof, aft the case may be, shall abate from the date of such casualty to restoration of tenantability, and the Landlord may restore same with reasonable speed and if the Landlord does not so restore the demised portion to tenantability Within ninety (90)edays afterhsuchterctrd casualty, them the Tenant may terminate this Lease retroactively to the date of casualty. A decision to repair such damage shall remain solely with the Landlord. Tenant agrees to release Landlord from any and all claims for loss, damage or inconvenience arising from such fire or casualty, excepting willful misconduct Of the Landlord or his agents, assigns or heirs. 14. Advertising Signs Tenant may place sign(s) bon the exterior of the uildnq iwhich' the demised premises are located, but only after receiving prior written approval from they Landlord as to each signs exact colors, materials, design and location. Further It is the responsibility of Tenant to assure that such Dianln all 9/9 Zivd Z^ddV ZZ11!3 LJ tl '� (El) i76 . G b 'AON November 16, 1994 Thomas `3ykao 25 St. Mary Street Burlington, VT 05401 Dear Thomas, Once regain I write csonCerning the usage of the warehouse wpaae at 1497 Dorset Street. I enclose a copy of a letter that I received from The city of South Burlington's attorney. An you can see, the City is not budging on they commercial activity aspect. In reviewing the by laws with regard to requesting a variance, it appears that there is no way that a variance would be granted because the only pprmiasable useee are for single- family dwellings and agriculture. The warehouse use has been grandfathereed in for years, If we ask for a variance there is a poesibIlity that the grandfathered use would be negated and therefore the buildings would be useless. Therefore, at this time, I must request that the sparse be used for the storage of tires only... there can be absolutely no vehicle repairs done on or about the demised premises. The lease specifically states that "Tenant shall utilizes the demised premises for the sole purpose of conducting a storage warehouse...". (it., # 12). If you have any questions regarding this you may contact me at 862-1148. Thank you for your ongoing cooperation. Sincerely, Melanie Turner Property Manager Hinadale Propeertiel s cot Tenant file Stitzesl and pages, p, C. So. Burlington attorney' es office *no. Correspondence - HINSDALE PROPERTIES 294 North WlnooAl Avenue, Burlington, W 05401 802 862 1148 ,q/"" EOVF 1*73Z 118 t,0 '�I (Iu3) '�,6 , 9" ^.•\ RC "_ a' NOV18 1994 November 16, 1994 Stitze! & �c ��, P.C. Dianne Kenney Stitzel and Page, P.C. 171 Battery Street Burlington, VT 05401 Res City of South Burlington Zoning Violation- 1497 Dorset Street Dear Ms. Kenney t I sum in receipt of your letter dated November 14, 1994 concerning the current uses for the above referenced property. I have enclosed a copy of my letter to the tenants at 1497 Dorset Street. I have also enclosed a copy of the item in the lease which specifies the types of uses allowable for the space. I have advised my tenants that the construction business which was sublet to by E & M Distributors may not continue out of the space. I understand that the E & M Distributors stores freezers and Joe cream at the space. Burlington Tire Removal advised me that they were Planning to use the space to store tires before recycling. I have advised them that they are not to store vehicles or work on vehicles in or about the demised promises. I will follow up my letters to them with a site visit and will continue to monitor the situation. This office in no way intended to change the use of the space, as evidenced by the provision Use in the lease agreement. Sincerely, Melanie Turner Property Manager Hinsdale Properties cc: Tenant tile: R & M Distributors Burlington Tire Removal HINSLALE PROPERTIES 294 North Winooski Avenue, Burlington, VT 05401 802 862 1148 q/7, '3')Yd 3')YdV13Z!1—T8 TO:bt (11Ui) �6 . � ON November 16, 1994 Eric Rook 61 Hungerford Terro;oe Burlington, VT 05401 Dear Eric: One* again I write concerning the usage apace at 1497 Dorset Street. I enclose that I received from The city of South Of the warehouse a copy 01 a letter Burlington's attorney. As you can now, the City is not budging on the commercial activity aspect. In reviewing the by laws with regard to requesting a variance, it appears, that there is no way that a variance would be granted because the only perminnable uass are for single family dwellings and agriculture. The warehouse use has been grandfathered in for years. If we ask for a variance there is a possibility that, the grandf■thesred use would be negated and therefore the buildings Would be uSelOws. Therefore, at this time, business must reques>Rt t the that construction business remove itself From the uestpremtha Your buainewould be acceptable because it lease in fact being usedbu for Warehouse space« pleases advise your sub tenant that his s�isnesQ is not permissible. The lease specifically states that "Tenant shall utilize the demised premises for the sole Purpose of conducting a storages facility for equipment and trucks.", ( item * 12) . If you have any questions regarding this you may contact me at 862- 1148. Thank you for your ongoing cooperation. Sincerely, Melanie Turner Property Manager Hinsdale Properties cos Tenant file Stitzel and Page, P. C. So. Burlington attorney'$ office HINSDALE PROPERTIES 294 Nortli Wlnooskl Avent►e, $urlington, VT 05401 802 862 1148 7—tDVdi'7?Z.Li-T8 e0:bb (iHi) t?6, 9'.'!4\ February 3, 1' 7 8 Attorney Robert C. Roesler 186 College Street Burlington, Vermont 05401 Re: Crittenden Trust Company, Dorset Street Property Hear Bob: I understand that the Crittenden is renting storage space. We agreed a few months ago that the Crittenden would be allowed to use the buildings for their own storage. At the Zoning Board of Adjustment hearing, a ne ighbor informed the Board that one of the buildings was being used for truck repair and no one from the bank denied that fact. As a way out, I would suggest that the building's be sold and relocated to a commercial district and that the lot be developed under the' permitted uses within that district. Very truly, Richard ward Zoning Administrative Officer RIA'/mcg JOHN M. DINSE FREDERIC W. ALLEN ROBERTH.ERDMANN MICHAEL B. CLAPP ROBERT C. ROESLER KAREN McANDREW JAMES H. WICK SPENCER R. KNAPP BARBARA E.CORY DINSE, ALLEN & ERDMANN ATTORNEYS AT LAW 186 COLLEGE STREET BURLINGTON, VERMONT 05402 February 2, 1978 Richard Ward, Zoning Administrator City of South Burlington 1175 Williston Road South Burlington, Vermont 05401 Re: Chittenden Trust Company - Dorset Street Property Dear Dick: TELEPHONE AREA 802-864-5751 HILTON A.WICK OF COUNSEL I acknowledge receipt of your letter of January 27, 1978 to Jere Meserole. As you are aware, the Chittenden Trust Company has tried for some time to find a reasonable use for this property that is at the same time, economi- cally viable. We will apply for a permit if necessary but to the best of my knowledge this is still being used temporarily as a warehouse. Please let me know if you consider application necessary. I would also appreciate any suggestions you might have as to ways out of this dilemma. Very truly yours, DINSE, ALLEN & ERDMANN Robert C. Roesler RCR/nlp cc: Jere Meserole February 20, 1979 Mr. Clark Hinsdale, Jr. 295 Pearl Street Burlington, Vermont 05401 Dear Mr. Hinsdale: It is my understanding that you recently purchased the two steel buildings located on Dorset Street southerly of Dorset Heights from the Chittenden Trust Company. Due to this transaction I feel it necessary to inform you of the present status of the land and buildings in question. The area is zoned Agricultural -Rural District, this district allows for agricultural and residential uses only. The buildings in question are non-conForming to the zoning reg- ulations however, they have been used by the Chittenden Bank for storage, continuation of this use would be acceptable however, any other use would involve a review by the Zoning Board of Adjustment. If you have any questions regarding this matter, don't hesitate to contact me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg January 27, 1078 Chittenden Trust Company 2 Burlington Square Burlington, Vermont 05401 AttN: M::, Jere Meserole Dear ,ir. Meserole: Upon completion of the hearing before the South 3urlington Zoning Board of Adjustment on January 23, 1978, our records indicate that the appeal was withdrawn upon your request. As a res:llt of the hear- ing evidence was submitted by adjoining property owners that the buildings in question were being used as a repair shop and Warehousing operation. Be advised that these uses are prohibited, and therefore are in direct violation. Some months ago, it was agreed by Attorney's Robert Roesler, Richard Spokes and this office that the Chittenden would be peamitted to use the buildings for storage. This was only temporary due to the fact d'he Chittenden was attempting to sell the property. If you intend to lease the buildings to others for those uses men- tioned in this letter, an a second application to the Zoning Board of Adjustment will be required. We would request that you take the necessary action to correct this situation. If you have any questions please don't hesitate to call me. Thank you for your co-operation. Very truly, Richard Ward Zoning Administrative Officer RW/mcg December 7 � 1972 1,1r. howa:-,d 145� D01,00-t. �_treet So. purl �r C� - - �'l 1+01 Dear Mr. Chittenden: Subject: :discontinuation o' S.7'. 74echanical Contr>,.ctors TYiis lotter is to -1-nform you teat bu.-T-1dings used fo-r your operation of the Sout-h Durlington "Irechanical & Electrical CA Contractors, Inc,, having been abandoned, shall not hereafter be uzed for anyot'lier com,'.iorcial purposes. As you are aware ;,,our area is zoned residential districl, ,.-Ind yaur bui*'1di1­--s were erected for the purpose of farm equip- 1b ment storage ox anyothe.- use related to af,ricultizal use. Any co:mnerci-1 use -Lln your district is non -conforming until such time as the use is abandoned. You will be required to obtain special exception if vcu :Lnte.-.J. `Lo you_r and bra4 7 for anyother commercial use. Very truly! 'ichar `The Zoning Administrative Officer RW/j * First Copy TOWN OF SOUTH BURLINGTON N©.�.........�r to _[= 1ICATION FOR BUILDIN PERMIT Zone Claasi.5cation ........................... Zoning Administrator Fire Limit ........................................ South Burlington, Vermont . ......... .........../_...'��%J............� _ ......... 19 The undersigned hereby applies for permission to make certain building improvements as described be]oarG. (Plans to be submitted if require' d by Building Inspector) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the Town of South Burlington and the State of Vermont, and conform to the Regulations of the National Board of Fire Underwriters and any and all Federal now in effect. , CONSTRUCTION OCCUPANCY FL ingle Family wo Family Cement partment No. Fam. Earth tore Pine ffices Hard Wood /arehouse omm. Garage es. Garage Attic Fl. & o. Cars Det.❑ Att.❑ as Station INTERI( dditions-Alterations FOUNDATION f Pine oncrete Hardwood oncrete Block Plaster rick or Stone I Unfinished 0 on r rame on Tile Veneer on Tile Stone Veneer Conc. or Cind. Bl. Asbes. Pipeless Furnace Hot Air Furnac: Forced Air Fum. Steam Hot Wat. or Vap No Heating Gas Burner - .. Oil Burner Stoker PLUMBI: Bathroom Toilet Room Water Closet STREET ,irt��3 ,JLf�e, NUMBER LOT SIZE: Ft. Frontage Ft. Depth Lot Nq. OWNER � , ;0,i, BUILDER WATER�SUPPLY- Public ❑ Private ❑ ELEC. WIRING: Undergro ❑ Overhead C SEWAGE DISPOSAL: Public ❑ *Septic Tank ❑ *Cesspool ❑. *Attach layout and descril tion of system, for review by Health Officer. ESTIMATED COST G O b Construction to be started 19 Plat to scale Lot and Building Improvements, showing width of Front, Side and Rear yards. Mar• N at Compass point indicating North. Std. Wat. Heat I Remarks Auto. Wat. Heat Elect. Wat. Syst. Laundry Tubs No Plumbing TILING Bath Fl. & Wcot. Toilet Fl. & Wcot. ectric fo Lighting NO. OF ROOMS ignature of Owner Address of Owner I BsmL 12nd. Insulation 1st. 3rd ( Signature of Builder FOR BUILDING INSPECTOR'S USE —Remarks or reasons for rejection. Address of Builder r.. ,-, ." Approved ❑ Yes ❑ Fee Paid �� t` Private Sewage System: Rejected ❑ P*s received: No ❑ 4PPLICATION: REJECTED ❑ APPROVED [ PERMIT NO. G' ISSUED TO ZrelasarrrI's stub FEE RECEIPT. ins App. No. Fee P Jd - C' C� _ First Copy TOWN OF SOUTH BURLINGTON to __f' UCATION FOR BUILDIN ,�'FR�ViIT' Zoning Administrator NO, Zone Classification .......... FireLimit ........... _.......................... South Burlington, Vermont, ............./e_-dbel,�. .................................................... The undersigned hereby applies for permission to make certain building improvements as descr(Plans to be submitted if required by Ruiiding Inspec'tor) All construction to be completed in accordance with the Zoning Laws and Building Regulations of the Town of South Burlington and the State of Vermont, and conform to the Regulations of the National Board of Fire Underwriters and any and all Federal now in effect. Not • •AAH •• • .•, . • • i _ Cement Earth Pine , !• ■■■■�■■■■■■■■■■■■ ■■■■■■WEE ■E■■■NINENINE■ • •• ... ■ ■■■■■!■■■■ ■ ■■■i■! ■!■■■!■■■!■.■■■■!■. IE00::C:MEN ' ' ' •.... �..■... MIO:C:C:C= :::Emosom �I . SEE ..■�....■.■. ■■MENENENM■E■E■EEN■ I :. • . _.■.■.. NEE ..OmmN■Eson ■mENMNE■■mEMEMes■.NENMiN■I • •' ■■■■■■■■■■■ ■ M■m■■Nm■w■M■Male=�== ■!■■ENEMIES ®■■■ ■■■saw OEM ■■!■SMENNEnEEMEME■ Metal Cig.■■M■M■ SEEN ■N■E■E■= OUR ■■■■■ ONE ■■■■■■m■E\mm■■001 IENMM■N■M■ENNNmE■■ mil ■■■■MMEMEMMMEMMMM M■■!■ •.., EMMMMMEMm soon ■■NNF-',O ■■.m■mm■mmmm■mm■0■m man 0I mm■m0■■■EN■SNmEN!/CN!■mMMMMM■M■MNM■■SMMEOMI ■MEN M■NESEEN on 1�NN ■■■IN no IE ■■ MNMN[It■Nunn] Fireplace�0Wide 0000�0 0000C 000E1=�000EN�N:00:0:: .•• 0 EEll ,... �mSEEN0E sonsommoo00EIN NEESEi�0MN0 0IIIi Siding Pipeless Furnace SEE N Drop Siding Hot Air Furnace son MEMO MENNEN MEMO MEN on Sol •.,. ......■■■■■■■■■....■■■■. MEN NNINE ElN■MN■NENMEI .., , on MMMMMMIM M 0 NEW IN ME MEN NONE NONE mossommummol Hot Wat. or VaporIN C0...0NM MEN MM No Heating No No MENEM 1■MNMM0O=011MMEMENNENMMMMMMMMMMMI MEN IN MMMMMMMMMM MMMMMMMMlMMI E0■■mN■■E!m■0 ■■MMENEMO■E■E■m■■■■mm■mm■■■NNE■ i . ..■■■■■=O■■.Solid ■■EENNMEEENEE■EM■■NM■MMEENEMEEN01 Brick Stoker MENEENONEE MMMMEMM1MNuEMENEEMMMMMI , .■■■!■■■■■■■..mNMIEm■ ■OIENEmm■n■mmlNEE■Emm■EI EE ■■■■■■■■EMM■N■■■■MNoCmN■■■mom■mm■■■■m■E■n■mmoi • Bathroom Room ■■mono■■■■■■■■■■■■■■■■ ME■NEM■■MENNOMMEMEENI No mummomiiiiiiii on ME -Terra Coft Closet. -Toilet Water son NOii�iiiii iiiiiiiiiiiiiiNEiiiii Vitrolite tcben SiniNPlate ' �+ r ,! * t :.Gla LaElectundry ROOFING �. • •• • LIGHTING .... ..No Lighting '• ••• NO. OF ROOMS• .. •I .. i'OR BUILDING INSPECTOR'S USE —Remarks or reasons for rejection. % , • Approved ❑ Yes ❑ Fee Paid ---- 'l ' Private Sewage System: Rejected (] Plans received: No p APPLICATION: REJECTED ❑ APPROVED ❑ PERMIT NO. ISSUED TO "_-- ` �reasut�er's Stub FED.�. I [` fj C'J App. No. Fee Paid y 1_ /i L/ X PERRY & SCHMUCKER ATTORNEYS AT LAW 1480 WILLISTON ROAD P. 0. BOX 2323 SOUTH BURLINGTON, VERMONT 05407 ROBERT J. PERRY RONALD C. SCHMUCKER ELIZABETH F. NOVOTNY June 29, 1995 Mr. Daniel T. Lewbart Stitzel & Page, P.C. 171 Battery Street 2nd Floor Burlington, VT 05401 Re: South Burlington v. Hinsdale Dear Dan: R�C,�Wnt S�. ivel, P TELEPHONE (802) 863-4558 TELECOPIER (802) 862-0937 I am here in the office in the evening trying to dictate and get the work done that I had to do before I go on vacation on Friday and have had no opportunity to call you back and discuss with you this Stipulation and South Burlington's proposal. I do want to take the opportunity to tell you how I feel. I . Mr. Hinsdale is in violation of the zoning ordinance. 2. I don't think Mr. Hinsdale has any contractual basis to say that he has the right to inside storage, etcetera, etcetera. At least you have not proffered any such document and have suggested only that there is "some history" that supports the idea that his use has been for inside storage. 3. If there is or was a sort of tacit agreement that he could store things in the inside of the buildings or that he could use the buildings for inside storage, he has violated that agreement or understanding by the current usage which has long been ongoing and for which you are attempting to enforce the law. Therefore, it seems to me that what you are proposing is far too lenient for the following reasons: A. $50.00 a day is not sufficient, I don't believe. B. The document does not reserve the right to enter the building to see that your agreement is in fact being conformed with. ww printed on recycled paper PERRY & SCHMUCKER Daniel Lewbart, Esq. Page 2 June 29, 1995 D. "Inside storage" is such a broad term that it could invite all kinds of interpretation. For example, but not limited to, the storage of toxic products, dangerous products, inflammable products, products that give off an unpleasant smell, or products that are otherwise dangerous. E. There is nothing in your Stipulation about occupancy of the building by employees or persons which has been a problem. There were occupants in the building into the wee hours of the morning I am told when the gunfire occurred by which shots went through the building itself. F. There is nothing in your document about cleaning up the place and forcing the removal of vehicles and other debris on the premises. G. A violation of any agreement made with Mr. Hinsdale in this matter should result in an absolute termination of the agreement and entitle the City to pursue the zoning ordinance to the point of forcing removal of the buildings. Let's face it. Mr. Hinsdale is a knowledgeable and experienced real estate businessman. He bought these buildings knowing what their use restrictions was. He cannot show hardship. He knew what he was doing. I would like very much for this to remain in abeyance until I return and can engage in some further discussion with you. Very truly yours, Ronald C: Schmucker, Esq. RCS/las pc: Charles Shea, Esq. Ali printed on recycled paper April 13, 1982 Chittenden Trust Company Mr. Bernard Denton 2 Burlington Square Burlington, Vermont 05401 Dear Mr. Denton: Be advised that the South Burlington Zoning Board of Adjustment has granted your request for a zoning variance. The Board will issue fornul findings at a later date. Your proposal is subject to site plan approval by the Planning Commission, contact David Spitz at this office for scheduling. If you have any questions feel free to contact me. r Very truly, Richard 'Ward, y Zoning Administrative Officer ' rState of Vermont My Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802)879-5656 Ronald. Schniucker 1480 Dorset Street South Burlington VT 05403 Dear Applicant: Subject: EXEMPT SUBDIVISION NUMBER HE-4-0286 LANDOWNER: Ronald Schmucker LOT SIZE: 1.08 acres LOCATION: 1495 Dorset Street, South Burlington Based on the information in the above referenced application, the lot with an existing structure/dwelling on it is exempt from obtaining a subdivision permit from the Agency of Natural Resources prior to sale or lease as it appears to meet the criteria set forth in Chapter 1, Subchapter 3-Subdivisons, Section 1-304 of the Environmental Protection Rules. In issuing this opinion we have relied entirely on the information submitted to lls, and the landowner creating this lot is responsible for its accuracy. Should it be determined in the future that the facts were not as stated, this letter will not prevent the Agency from taking appropriate enforcement action. Although not required, it is recommended that this letter be recorded in the South Burlington Land Records. FOR THE WASTEWATER MANAGEMENT DIVISION i Dat �d 2000. r`F ne L. Roberge P" DEC Regional Office Coord. c For the Record City of South Burlington Planning Commission & Selectboard Don Maddocks, Esq. TDD: 1-800-253-0191 Regional Offices - Barre/Essex Jct./Pittsford/Rutland/Springfield/St. Johnsbury 100% Processed Chlorine Free JOHN M. DINSE FREDERIC W. ALLEN ROBERT H. ERDMANN MICHAEL B. CLAPP ROBERT C. ROESLER KAREN McANDREW JAMES G. VILLA DEWITT E. MEAD JAMES H. WICK DINSE, ALLEN & ERDMANN ATTORNEYS AT LAW 186 COLLEGE STREET BURLINGTON, VERMONT 05401 July 29, 1974 Mr. Richard Ward Zoning Administrator City of South Burlington South Burlington, Vermont 05401 Re: Zoning Application - Chittenden Trust Company Dear Dick: TELEPHONE AREA 802-864-5751 HILTON A.WICK OF COUNSEL I have recently consulted with the Chittenden in order to prepare a case for the above -captioned appeal. They informed me that Avicon Corporation is no longer interested in leasing the property on Dorset Street. Therefore, we are at this time withdrawing our request for a determination of this to the question of a pre-existing use and also are requesting in the alternative, for a variance. As soon as a definite lessee is signed, we shall renew our request. Very truly yours, DINSE, AL EN & ERDMANN Robert C. Roesler RCR:ac 1 CHITTENDEN TRUST COMPANY Buildings involved are two steel structures erected in 1967-68. At that time these buildings were intended for agriculture use. South Burlington Mechanical & Electrical Contractors, Inc. operated from these bu3.ldinFs until May 1973. Chittenden Trust Company foreclosed on October 16, 1973. The property was then sold off in three parcels. House & 1 acre to Edward Johnson. Eleven acres to harry Yawney. Two buildings & 1 acre remain. Section 13.00, Non -conforming Uses & Structures - subsection 7 - Abandonment, would apply. Chittenden Trust appealing the above decision. Presently area in question is zoned AR District, allowed are single family dwellings and farming, agriculture. Proposed use is a light assembly plant (making; of a specialized lamp). SWISS HOST MOTEL & VILLAGE Area in question zoned BPS District. Section 11..00 requires a front yard of 75 feet. Section 13.67, swimming pool requirements prohibits a pool to be constructed in the froxrt yard. Proposed is a kidney shaped pc:�ol 13' x 27' x 3' to 5' to be constructed within the existing greened area and 45 feet from the property line. CLARK HINSDALE (ARTHUR'S INC.) .Area zoned BPD District. Section 11.702, Front yard requires a continous strip 15 feet in width along the street line. Proposed is a buffer strip varyin from 15 feet to none. Parking area of 28 vehicles to be set off, lower level (street line) located directly in front of Arthur's Inc. j SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and if Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of atdthetment will S South Burling}pld a p City Otflces, ublic hearing i` Conference Room, 1175 Williston Monday, August Road, South 5, 1974 at Vermont 00 p,m. to i r� considerthefoll ing: No. 1 Appeal of Chittenden Trust Co., to the following: 1. The decision of the Zoning, Admfnis trator that (a) No legal nonconforming use 6; exists which permits the subject property to be used as a light assembly plant. i (b) Any prior existing legal non- conforming use of the property by the t present owner or predecessors In title has been abandoned2. In the . lve if above decisions of the Zoning Administrator e are upheld, appeal of the applicant for a variance under Sections 5.00, Permitted Uses to permit the subject property to be used as a light r assembly plant, at 1495 Dorset Street. seeking apvEricaeal of Erwin & ariance from Sectio 13.67` Swimming Pools of the South i Burlington Zoning Regulations. Request is for permission to construct a 13' x 27' swimming pool to within forty-five (45) feet of the required i front yard, at the Swiss Host Motel & Village, 1272 Williston Road. No. 3 Appeal of Clark W. Hinsdale, Jr. seeking a variance from Section E" 11.702, Front Yard Buffer of the South . F Burlington Zoning Regulations. Request I$ for permission to set-off a E parking area of twenty-eight (28) spaces, with a buffer of less than 15 c Park t Arthur's Inc., 733 queen City ZONING BOARDOF ADJUSTMENT July 20, Richard A. Myette, Chairman ' � I STATE OF VERMONT CHITTENDEN COUNTY, SS. SOUTH BURLINGTON ZONING BOARD ) OF ADJUSTMENT ) CHITTENDEN SUPERIOR COURT In re DOCKET NO. ) — — CHITTENDEN TRUST COMPANY ) NOTICE OF APPEAL NOW COMES the Chittenden Trust Company by and through its attorneys Dinse, Allen & Erdmann and hereby gives notice that it is Appealing the decision of the Zoning Officer of the City of South Burlington, dated July 5, 1974, in regard to its proposed use of its property on Dorset Street within the City of South Burlington. Specifically it is appealing on the said denial on the basis that the commercial and industrial use which was preexisting the Zoning Ordinance has been maintained and that said use would be the highest and best use of the property as presently constituted. Dated at Burlington, County of Chittenden, State of Vermont this day of July, 1974. CHITTENDEN TRUST COMPANY DINSE, ALLEN & ERDMANN BY� rut Robert C. Rdesler DINSE, ALLEN & ERDMANN ATTORNEYS AT LAW 186 COLLEGE STREET r,w, BURLINGTON, VERMONT " DINSE, ALLEN & ERDMANN JOHN M. DINSE FREDERIC W. ALLEN ATTORNEYS AT LAW ROBERT H. ERDMANN 186 COLLEGE STREET MICHAEL B.CLAPP BURLINGTON, VERMONT 05401 ROBERT C. ROESLER KAREN McANDREW JAMES G.VILLA July 22, 1974 DEWITT E. MEAD JAMES H. WICK Secretary Zoning Board of Adjustment South Burlington, Vermont 05401 Re: Chittenden Trust Company Dear Secretary: TELEPHONE AREA 802-864-57S1 HILTON A.WICK OF COUNSEL Enclosed please find the original of the Notice of Appeal in the above - captioned matter. Very truly yours, DINSE, ALLEN & ERDMANN e. Robert C . Roesler RCR:cc Enclosure JOHN M.DINSE DINSE, ALLEN & ERDMANN FREDERIC W. ALLEN ATTORNEYS AT LAW ROBERT H. ERDMANN 186 COLLEGE STREET MICHAEL B.CLAPP BURLINGTON, VERMONT 05401 ROBERT C. ROESLER KAREN McANDREW JAMES G. VILLA DEWITT E. MEAD July 10, 1974 JAMES H. WICK Mr. Richard Ward Zoning Administrator South Burlington, Vermont 05401 Re: Chittenden Trust Property on Dorset Street Dear Dick: I acknowledge receipt of your letter of July 5, 1974. Thank you. TELEPHONE AREA 802-664-57S1 HILTON A.WICK OF COUNSEL We wish to appeal your decision of that date to the Zoning Board of Adjustment and would appreciate being warned for the next possible meeting. I hope to have confirmed this by telephone with you prior to your receipt of this letter. Our Appeal will proceed on two basis. The first is that the use has not been abandoned as South Burlington Mechanical and its successors have continued to operate out of the building. Secondly, the appeal will be based on the fact that this is the highest and best use for that property and that the use of Avicon will not be detrimental to the area. Very truly yours, DINSE, ALLEN & ERDMANN a '""� Robert C . Roesler RCR:cc JOHN M.DINSE DINSE, ALLEN & ERDMANN FREDERIC W. ALLEN ATTORNEYS AT LAW ROBERT H. ERDMANN 186 COLLEGE STREET MICHAEL B.CLAPP BURLINGTON, VERMONT 05401 ROBERT C. ROESLER KAREN McANDREW DAMES G.VILLA July 2, 1974 DEWITT E. MEAD JAMES H. WICK Mr. Richard Ward Zoning Administrator South Burlington, Vermont 05401 TELEPHONE AREA 802-864-5751 HILTON A.WICK OF COUNSEL Re: ?hittenden Trust Company/South Burlington Mechanical Location Dear Dick: The Chittenden is interested in leasing the above property to Avicon Corporation. This Corporation makes a specialized lamp to be used in quality control and professions in the medical fields. They would establish a light assembly plant in the facility located on Dorset Street. Would you please clarify whether this is possible under the existing zoning. As you will recall, South Burlington Mechanical and Electrical Contractors worked out of this building for seven years. I understand that there is some question as to their permission to do so, but they did work there for seven years by default. I look forward to hearing from you promptly. Very truly yours, DINSE, ALLEN & ERDMANN Robert C . Roesler RCR:cc July 5, 1974 Dinse, Allen & Er6mann Attorneys at Law 186 College Street Burlington', VT 05401 Attention: Attorney 1-dobort Roesler Dear v*r. Roesler: Subject: Chittenden Trust Property on Dorset ",-'treet As you are aware t�iis property is now zoned Agricultural. F'.ural District under the recently adopted zoning ordinance. Businesses of any type are not permitted uses, other than agriculture. A use such as the South; Burlington "Iechanical & Electrical Contractors would be deeried abandoned under 1-;ection 13.00, subsection 7 or the City Zoning Regulations. The Use proposed by Avicon Corporation is not allowed, therefore, an application for a zoning permit would. be denied. As you are aware you may appeal this decision to the Zoning Board of Adjustment. If you wish to do so, please contact this office. 4 VeryU"ruly -'.ichard Ward Zonim7, Administrative Officer Rlgj AUTH BURLINGTON ZONING NOI - )E In accordance with the South Burlington Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of.,Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on Monday, August 5, 1974 at 5:00 p.m. to consider the following: #1 Appeal of Chittenden Trust Co., to the following: 1. The decision of the Zoning Administrator that (a) No legal non -conforming use exists which permits the subject property to be used as a light assembly plant. (b) Any prior existing legal non -conforming use of the property by the present owner or predecessors in title has been abandoned. 2. In the alternative if the above decisions of the Zoning Administrator are upheld, appeal of the applicant for a variance under Sections 5.00, Permitted Uses to permit the subject property to be used as a light assembly plant, at 1495 Dorset Street. #2 Appeal of Erwin & Erica Val of seeking a name variance from Section SwimmingPools of number title of section the South Burlington Zoning Regulations. Request is for permission to construct a 13' x 27' swimming; pool to within forty-five (45) feet of the required front yard, at the Swiss Host Motel & Village, 1272 Williston Road. #3 Appeal of Clar4 W. Hinsdale, Jr seeking a name variance from'Section 11,702 , Front Yard Buffer of number title of section the South Burlington Zoning Regulations. Request is for permission to set-off a parking area of twenty-eight (28) spaces, with a buffer of less than 15 feet, at Arthur's Inc., 733 Queen City Park Road. ZONING BOARD OF ADJUSTMENT Richard A. Myette, Chairman � • ,� r i � ,a:. � 7^.1"�' -t �,... mil/ y'. *,�.• �dr�Yl 1-�..-�g.i,..%..�.,,r ,�� � '� * f ,c j � ,,�, w J' y'"'�� vim*- i.�.✓ ,3 , 4/ J l �� � M ✓! + / �� �~ �' .� �.f �. � �.�,,.�„� � ,,,,�.:..,.c,,..�..�.,> / J,;✓.�:' %. c". -gym f r �� � "� I ' �� � ,�' ��. �� �;. �� ...a-� ,� �... �.� � � a J. �eeb',..+y y;..!'�yr�.+J� ylil/'F.z,M''� 04'"�w�':..J �, i R�,,,r � ! f �Iv'lA �y ,,.- {y r ~ f� y �� � � _... ,9 r :. . Y NOTICE OR APPEAL SOUTH BURLINGTON ZONING BOARD Or ADJUSTMENT I hereby appeal to the Zoning Board of adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner Property location & description Variance of Section _, number title of section Basis of appeal I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment :rust appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date Signature of Appellant SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Willisto Road, ouch Burl ngton, Vermont on r /y] at (day of week) montIV and date) tine to consider the following: Appeal of (�-� ,�,..��� .�, #,:r � ,,i'.��,: , . ,�° , seeking a name variance from.Section number) title of section of the SoutY Burlington Zoning Regulations. Request is for permission to .. the following 1. the decision of the Zoning Administrator that he propo use of subject ope" is not permitted in�Agricu ral dist t. At— No legal non -conforming use exists which permits the subject property to be used as a light assembly plant. A 4) Any prior existing legal non -conforming use of the property by the present owner or predecessors in title has been abandoned. 2. In the alternative if the above decisions of the Zoning Administrator are upheld, � eal o the applicant for a variance under Sections • O© to permit the subject Jf" P 7 w� property to be used as a light assembly plant. .t,. JOHN M. DINSE FREDERIC W. ALLEN ROBERT H. ERDMANN MICHAEL S. CLAPP ROBERT C. ROESLER KAREN McANDREW JAMES G.VILLA DEWITT E. MEAD JAMES H. WICK DINSE, ALLEN & ERDMANN ATTORNEYS AT LAW 186 COLLEGE STREET BURLINGTON, VERMONT 05401 Mr. Richard Ward Zoning Administrator City of South Burlington South Burlington, Vermont 05401 June 7, 1974 TELEPHONE AREA aOR-864-5751 HILTON A.WICK OF COUNSEL Re: Former South Burlington Mechanical Electrical Contractors, Inc., Property Dear Dick: As you are aware, this property has been foreclosed upon by the Chittenden Trust Company, Obviously, for the Chittenden to recoup some of their investment in this property and business it is necessary to sell the existing buildings. All of the property in the area has been sold except for the buildings themselves and a small portion of acreage around the buildings. The bank, feeling that the highest and best use of that property is the commercial use to which it was put, wishes to confirm that that use is in accord with the zoning ordinance and is a permitted use. If the use was not permitted and has been acquiesced in through the years, we would wish to apply to make it a legal use. If this will require an appeal to the zoning board, I would appreciate hearing from you on that point. Very truly yours, DINSE, ALLEN & ERDMANN �442eA, Robert C . Roesler RCR :cc June 12, 1974 Pinse I Allen c rdmann 186 College Street Purling,ton, VT 051+01 Attention: Attorne, Tiobert Roe slur T)car Attorney This letter will -I confirtm ou.,,- conversation of yesterday morningt regarding the property located on corset "treet owned by the Chittenden Trust Company. As I e7plained, this nronerty '-vis r,?vor zoned commercial. In 1967-68 a zoning pe'rnit -or-t)�.s"Issl.ied for the buildings and the intended "Se eras for agriculture. Sometime f)fters the South Purlington Mechanical and Flectrical Contracim' Inc. started operatIng fror, the bu-11-d-ings, no act" - on was. taken b,,., the City acne therefore, the business continued until until last year. As you are aware, the area is nov, zoned 111R Pistrict and no commercial use is allowed. You have two alternativo.s available to pursue. One, apply to the Planning Commission requesting that the land in question be rezoned to a commercial district or,. two, aPp--sl to the zonin[- board of adjustment for a use variance. would recomrend that you be aware of the use proposr- before appealing.p'lto the zonJ,n7 bord. The permitted uses within the AR District are far'minF and agriculture and sinlale family dwellings. If you have any questions, feel free to Call me. Very truly, Richaff, `'.lard Zoning Administrative Of"icer EM SOUTH BURLINGTON ZONING NOTICE In accordance with the South Bur- lington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjust- ment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on Monday, January 23, 1978, at 5:00 i p.m, to consider the following: No. 1 Appeat o1 Chittenden Trust Co. Jere Meserole, Agent seeking a varl- once, from Section 5.00, Permitted uses of the South Burlington Zoning Regulations. Request is for per- mission to use two existing building's, for the purpose of fabri- cation of wood frame garages, and to use a portion of one building for an office in conjunction with the Pro - Posed use (101 in question Contains one point four (1.4) acres, at 1497 Dorset Street. No. 2 Appeal of Cham- plain Oil Co., C.A. Cairns seeking a variance, from Section 11.00, Dimensional requirements 6 Section 11.15 Multiple use of the South Bur- lington Zoning Regulations. Request Is for permission to convert an exist- Ing service station to include self service gasoline pumps and operate o portion of the existing building as a self service convenience store In coniuntlon with said service station, said pump Islands are located within the required front yard at Hank's U- Save, 1302 Williston Rood. Richard A. Myette, Chairman South Burlington Zoning Board Of Adjustment January Of 1978 NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTKSNT 0 I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance, decision of administrative officer. Property Owner chi tten Pn Trust Company Property location & description 1497 Dore t Street* So Burlington Two Metal Buildings-�,�Q_€ A ta�YLP_rl plot plan_____ _ Variance of Section _ _� Agrir»lt»ral - .Dural (number) (title of section) rr, Basis of appeal To Change lJse-TnFab i at' s' Storage I understand the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Hall, Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of 30.00 which fee is to off -set the costs of advertising and the hearing. January 23 1978 6-, y - - Hearing Date Si na e of Appel ant SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117,Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on 111A g )n�on�tha � f .2 /%� " at .5o ' 4 to consider the day of eek d date) time) following: -11-11 Appeal of o a _ V1J.A f A. 0 C , , from Section ,on tions. Request is for Y4 ..eG iseeking of the South Burlington Zoning Regula- permission to A-4­0.c- _40 CZ»+s b�.�fr,.y � , �..r" �'"'y�'r., G/�"�L...e.. /'",�d. re� ..✓ ¢„p"► L�/Y'"A �'+�.•4.",.��*�' /o­,�� !? I � � 1 POPc C- �* 2 YO Fitrrx t �' z 7` � 1 110 q � > 0/..5 -GO N �. Ft.Q%V� U /. O8 Acres 7 71�1 ' o` h h o, { 40 X /GOo �OFFI.Y. I 1C �o .35/S/Q SA, � cJo.Q,C feAc� ► Jkj-t�,, 4'.Z 'cPr//%/ 'fhr, t th,' /n l,�•:lJ;/C�o�• sh.�:-,.�i� �R, Svrvr;- and /�• � o�� �ijT,-r r wrfr� . �'�r•-•f i-.c,i .l �'/Jr.' :fv ><rc�i.; i•i1` N! AT SNOW l NG PROPERTY OF Cy/TTL-NDEN rR US7 Co. IY95;'iY,97 DOQ, I �STRE ET S o UTY VV EnC7in&ev//tic .__ .. _.. Ao/c,*c7,-' S� C.MA /'✓1. C `-/-:•Y January 9, 1978 Chittenden Trust Company 2 Burlington Square Burlington, Vermont 05401 Attn: Mr. Jere Meserole Dear Mr, Meseroles Be advised that the South Burlington Zoning Board of Adjustment will bola a public hearing at the South Burlington City Offices, Conference Room on Monday, January 23, 1978 at 5:00 p.m. to consider your request for a zoning variance. PleaAe plan to attend. Very truly, Richard Ward Zoning Administrative Officer RW/mcg C.'� �iu-�.'.�:-C�-ova- �� ..� <��1 !� �.G.,�.•. MEMORANDUM TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: R ICHARD WARD, ZONING ADMINISTRATOR SUBJECT: PROPOSED CHITTENDEN TRUST COMPANY LOCATION - DORSET STREET DATE: OCTOPER 26, 1971 Structure 54' x 34'= 1836 sq. ft. Area zoned: Business District A. Sec. 7.10, Use Regulations - okay Sec. 7.20, Lot area 8,000 sq. ft. required Lot area proposed 200' x 2001= 40,000 sq. ft. Sec. 7.30, Lot coverage - okay Sec. 7.40, Yard requirements Front - 25' minimum, proposed RO' - okay Side and rear 15' minimum - okay Sec. 7.50, Height requirements 35' - okay Sec. 7.60, Off-street parking One space per 200 sq. ft. required 10 Proposed 41 spaces - okay Sec. 7.61, Location of parking (buffer zone) Southerly drive should be increased from 10' to 15' which is minimum. Sec. 7.62, Parking area surface Proposed - bituminous paving - okay Sec. 7.637 Lighting of parking area Not shown in detail - no adjacent residential roperties. Sec. 7.641 N/A Sec. 7.65, N/A Sec. 7.661 N/A Sec. 7.701 N/A Sec. 7.801 No shown in detail Submitted by: cc - Richard Ward Zoning Administrator RW/ j WILLIAM J. KNIGHT ATTORNEY AT LAW 149 CHERRY STREET BURLINGTON, VERMONT 05401 AREA CODE 802 February 9, 1976 864-6859 Mr. Richard Ward Zoning Administrator South Burlington Board of Adjustment City of So. Burlington, Vermont 05401 RE: Fred Masterson Swanton Company Notice of Appeal Dear Mr. Ward: This letter will advise you that the hearing scheduled for February 9, 1976, is no longer required since my client has decided to withdraw the appeal. Thanking you in advance for your cooperation in this matter, I remain, WJK:aa Cordially yours, F Wil Wh WILLIAM J. KNIGHT ATTORNEY AT LAW 149 CHERRY STREET BURLINGTON, VERMONT 05401 AREA CODE 802 January 15, 1976 864-6850 Mr. Richard Ward Zoning Administrator South Burlington Board of Adjustment City of South Burlington, VT 05401 Dear Mr. Ward: This appeal is being brought by the Swanton Company, however, I would like to inform you that my office has been retained by Mr. Fred Masterson, who is very interested in purchasing a piece of property in the City of South Burlington. The property in question is the that which was formerly owned by South Burlington Mechanical and Electrical Contractors, Inc., and being located along Dorset Street at Demers Road. At the present time the property is zoned residential -agricultural but has not been used as such for a very long time. The former users of this property occupied such as if it was zoned commercial. I believe that you are familiar with this land and I note that there are two large buildings located there at the present time. I believe the measurements to be 40 x 100 and 40 x 60. Mr. Masterson desires to use this property for the cleaning and minor repairing of automobiles at a wholesale level. The buildings as they exist today will adequately house the objectives of Mr. Masterson. The variance which Mr. Masterson is requesting through the Swanton Company will not alter the appearance of the property nor will it impair the use. It will not act as a detriment to the adjoining land owners and users. I believe that the granting of such a variance would be consistent with the land's use. Cordially yours, X Wi lli J: K ght t WJK:dp o o AQ January 21, a976 Chittc-nden Trust Company Mr . J. ", M�eserole 2 Tour. l.ington Square Fur link, ton , VT o54ol , /ear '-'r. '"Ye." erolr.�: Pe advisod that the .'-'�outh Y'urjlin,L,ton 211oning IFoard, of Adust- ment will. hold a public hearin,-- at the "'ity 7, --'all, Confer,:Mce 1175 ".'-Illiston "'oad "ouch Burlington, Vermont on, Monday, Tebruary 2, 1976 at 5:00 p.,i. to consi(I.-r you request '�o- a zoning variance. .L , Plrz.,asr-, pl-,;,n to attend. Very truly, Richard .,i'ard i Zon'ng Adr,-Anistrative Officer cc ttorney .,;ill -!.am J. Knight NOTICE OF APPEAL I SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board, of Adjustment for the following: conditional use, variance, decision of administrative officer. ''Property Owner SWANTON COMPANY A Y ( CHITTENDEN TRUST COMPANY) Property location & description Dorset Street and Demers Road approximately 2 acres with 2 large metal buildings. Variance of Section +� number title of section ',Basis of appeal see my attached letter dated January 14, 1976 I ur;ders-and the regular meetings are held twice a month on Monday at 5:00 p.m. at the City Halls Conference Room. The legal advertise- ment must appear in the Burlington Free Press a minimum of fifteen (15) days before the hearing, I agree to pay a fee of $30.00 which fee is to off -set the.costs of advertising and -the hearing. Hearing Date Signature of Appellant ----------------- ---------1--- ------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 11?5 Williston Road, South Burlington2 Vermont on 1 at �,�;,. � ��, ,.�, � to consider the day of week month acid date' time following: �„ ,, Appeal of ,«�t�." , �-��z.�_. ,. • �t�.;�`,/"��_�.. � ,�.,� ; �: . s� king ->' a° !)��:�,�..�., from Section A. � .N1 a ti -� 1'1, of the -South Burlington Zoning Regula- tions. 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