The URL can be used to link to this page

Home My WebLink AboutBATCH - Supplemental - 0043 East TerraceVOL ..... 44' . ................. PROTECTIVE COVENANTS GREEN MOUNTAIN -PARK SUBDIVISION SOUTH - BURLINGTON7 VE RMONT PART k In order to create a neighborhood that will-afford'the maximum of protection J_ to the home buyers, investors, community and developers, we, 1,1orris Wilcox, 139 Yain Street, Burlington, Vermont, Roland Deslaurier, 870 Williston Road, South Burlington, Vermont,' and Bernard Lisman, Attorney for Roland Deslaurier, 166 College Street, Burlington, Vermont, do hereby declare t'-e following Protective Covenants on premises owned by the said , Wilcox and Deslaurier in the Village of South Burlington, Chittenden County, State of -- Vermont and described as follows: Lots 723-to 124 - 1A to 10A - 1C to -10C - of the above described sub -division, map of which is recorded simultaneously herewith. Part B The residential area covenants in Part C shall apply only to the lots above described. Part C No lot shall be used except for residential purposes. I -To buildin�-oshall be erect erected, altered, placed, or permitted to remain on any lot other than one detached single family duelling not to exceed two stories in height and a private garage for not more than two cars.. No building shall be erected, placed, or altered on any lot until the construction plans and S_ mlocation_ of showing the-locatioof the structure have_been approved -by -the architectural control committee as to quality of workmanship and materials, harmony - of external design withexistingstructures, and as to location with, -respect to topography 0 and finish grade elevation No fence or wall shall be erected, placed or altered on any c' 7 lot nearer to any"."street than the-mimimum building setback line unless similarly approved.' .Approval shall be,as -provided in Part.D.- No dwelling shall be permitted on any lot at a cost of less than �10. 000 based upon cost levels -pre'vailing,o.n the date these covenants are recorded, it beino--the-intentdon and purpose of the covenant to assure that all dwellings shall be of_ ,a.qualiuy of workmahship and materials substantially the same or better than that which can.be produced in the date. these covenants are recorded at a minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open-:' porches and garages, shall be mot less than 768 square feet for a one-story dwelling, nor less than 1200 square feet for a dwelling of more than one storyW !To building shall be located on any lot nearer than 30 feet to the front lot 1J_ne','or nearer than 10 feet to any side street line, except that on all lots abutting C'uarry Road, no building shall be located nearer than 40 feet to the street. No dwelling shall be located on any interior lot nearer than 40 feet to the rear lot line. No buildin5 shall be located on any lot nearer than 30 feet to the front lot line, or y1learer. than 10 fept to any side street line, except that on all lots abutting C.uarry `Aoad, no building shall be located nearer than 40 feet to the street. No dwelling shall be located on any interior lot nearer than 40 feet to -the rear lot line. No dwelling shall be erected or placed on any_lot having a width of less than 75 feet. at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 7500 square feet. 0 . E--sem-ents for installation and maintenance of utilities and drainal,.V�e facilities are reserved as shown on the recorded plat and over the rear five feet of eachi-iot., -4o noxious or offensive activity shall be carried on upon any lot, nor shall anything be r. dNe thereon which may be or may become an annoyance or nuisance to the neighborhood. ol TIT 1.4d�Ctructure of a temporary characterg trailer, basement7 tent,shack,garage9barn I or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. PART D The architectural control committee is composed of three members, 1,41orris Wilcox, 139 1,"ain Street, Burlington, Vermont, Roland Deslaurier, 870 Williston Road South Burlington, Vermont and Bernard Lisman, 166 College Street,' Burlington, Vermont. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any menber of the committee, the remaining members shall have full C, authority to designate a successors Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services -performed pursuant to this uoyenant. at any time7 the then record owners of a majority of:.the lots shall have the power through a duly recorded written ins-trument to change the membership of the committee or to withdraw from the CIA com-mittee or restore to' -.it any of its powers and duties. The-corinittee's approval or disapproval as required in these covenants.slall be in U writing. In- the event the cP.,imiiittee, or its designated representatives, fails to approve or disapprove within 30'da . ys after plans and specifications have been -submitted to it, or in any event, if no suit ,to.enjoin the construction has been commenced -prior to the completion thereof, approval will not be required and the related covenants shall.be deemed to have been fully compliedwith.- PART E These covenants -are to run with the land and shall be binding on all parties.and all persons claiming under ;them for a period of twenty-five years from the date these ter which time said covenants shall be:aut6niatically extended covenants are -_ recorded, . diter for successive Deriods pf 10 years unless an instrument signed by a majority.of. the then owners of the lots has- been recorded,'agreeing to change said covenants in whole or in part, Enforcement shall be :P'y proceedings -at law or in equity against any person or persons violating or attempting toviolateany covenant eith6t.',�,to rstrain violation or to recover damages. Invalidation of any one of these covenants by judgment or court order shall in no wise-af�ect any of the other provisions which shall Tremain in full force and effect. WUIN BURLINGTON ZONING NOTICE R' In"ac ante with the South Burlington Zoni Regulations and _ Chapter 91, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing t at the South Burlington City Offices, Cow�+:;nce Room, 1175 Williston hoad, Sreouth Burlington, Vermont on P, Monday, October 6, 1975, at 5:00 P.M. to consider the following: No. 1. Appeal of Vermont Broadcasting Corp., Frank Balch seeking a variance, from Section ! 11.00, Dimensional Requirements of the South Burlington Zoning i Regulations. Request is for .. permission to construct a 98' x 68' structure to within thirty seven (37) feet of the required front yard, on lot f No. 10 so called, located at .Farrell A' Road and Joy Drive. No. 2. Appeal of Vermont Associates, Inc., Frank Geier, Jr. seeking approval, from Section 13.70, 5 District Boundaries of the South Burlington Zoning Regulations. Request is for permission to construct four (4) duplexes on,lots No. 11, 13, 14,and 15 located on the southerly end F of East Terrace, said lots being located In Residential 4 and l Residential? District. No. 3. Appeal of Parkhill Motel, John Larkin seeking a variance, from 4 Section 11.15, Multiple Uses of the ti South Burlington Zoning Regulations. Request is for permission to construct P a twenty -tour unit mole[ on a lot presements and ,motel complex, aitoccupied yl 85ri otelShelburne � �I Road. 1, No. 4. Appeal of Marlon E. Lamb t seeking a variance, from Section 6.002, Permitted Uses of the South t Burlington Zoning Regulations. Request Is for permission to convert C an existing two family dwelling Into a three family dwelling, at 23 Pine Tree Terrace. No. 5. Appeal of Gordon Wright seeking a variance, from Section 13.00, Non -conforming Uses and Section 11.15, Multiple Uses of the South Burlington Zoning Regulations. - Request Is for permission to convert an existing, apartment complex to Include a retail shop, at 1475 , She Road. No. 6. Appeal of John Trono seeking a variance, from Section 11.00, Dimensional Requirements of the + South Burlington Zoning Regulations. Request Is for Permission to convert a single family dwelling into a two family dwelling on a lot containing 11,250 square feet, at 31 East Terrace. No. 7. Appeal of Aline Giroux seeking a variance, from Section I 11.00, Dimensional Requirements of the South Burlington Zoning Regulations. Request Is for permission to reconstruct a garage 19' lit x 22' which is located within 5 feet o the southerly side yard line and 3 feet j of the rear yard line, at 265 Hinesburg Road. No. 8. Appeal of Raymond and, Claire LePage seeking a variance, from Section 7.00, Permitted uses and Section 11.15' Multiple Uses of the South Burlington Zoning Regulations. Request is for permission to convert an existing structure Into three' apartment units and requiring a variance from Section 11.80, Dwelling Unit Standards each apartment will contain less than 5W square feet, at 1116Shelburne Road. Richard A. Myette, Chairman Zoning Board of Adjustment Sept. 20, 1975 1 :.'Ieptember 23, 1975 Mr. John 'rono 26 Thibault Parkway "'urlington, VT 05401 tj Dear %Sr. 113'rono : e advised that the Routh 1-1 urlington Zoning Eoard of 11,djust- I, Aent will hold a public- hearin - at the City Hall, Conferencc 7�urllngtonj Vormont on ,.%'illiston Toad, -7outh 0 Orr I -,quest ",onday, October 6, 19'/15 at 5:00 T)--m- to consider ,,our r�, ior a zoning variance. .' 'lease plan to attend. Very truly, liichar,6 ',ard �7 21onin., G"Picer I'M/ I-" October F1 1975 it. john m ono 26 Thita Parkway Fur2ingtri! VT 05401 Dear 1r. Trono : he advise6 that the Gouth Turlington Zoning Foard of Adjust- ment denied your request for a zoning variance. Their Pindings will be available as o? Cctober V, 1975 on file with the aity Clerk. If you have any questions, feel "roe W contact me. R WI J Very truly , hichari nard Voning Administrative n7ficer NOTICE OF APPEAL 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 Property location & description V? 4& �Ax-?4 / c„t tee- c ef- 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 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 qjnd the hearing. Hearing Date tore 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 Williston Road, South Burlington, Vermont on at to consider the day of week month and date Ttime following: Appeal of seeking . c a from Section of the South Burlington Zoning Regula- tions. Request is for permission to W,t-r��'•�+ �' ��/'' 5 '4 v ",evo ,acc //. ., 26 T6ibault Parkway Burlington' Vermont 05401 863-3263 0j, � w J", JOHN TRONO 26 Thih..It P.,L,,.y BurlinAton, Vermont 05401 863-3263 June 13, 1978 Mr, John Trono 26 Thibault Parkway Burlington, Vermont 05401 Res 43 East Terrace Dear Mr. Trono: It is my understanding that you have rented your property at 43 East Terrace as a two family dwelling. As you are aware the city has a stipulation regarding that property which is a result of action taken in July 1971, in this, you agreed that this property would be occupied by one family only. This letter is to inform you that this action is in violation, and to request that you take necessary action to correct this matter. Your failure to comply with this request will only result in this matter being turned over to the City Attorney, If you have any questions feel free to contact me. Yours truly, Richard Ward Zoning Administrative Officer RTw f mcg Certified II4ail STATE OF VERMONT CHITTMMEN COUNTY, SS. CITY OF SOUTH BURLINGTON, Plaintiff South Burlington, Vermont Chittenden County Vs. JOHN TRONO, Defendant South Burlington, Vermont Chittenden County CHI TTENDEN COU71ITY COURT DOCKET NO. STIPULATION In the above matter, it is hereby stipulated and agreed by and between the parties as follows: 1. The Defendant will not permit occupancy of the dwellings located at 31 East Terrace and 43 East Terrace in the City of South Burlington by more than a single family in each of said dwellings, in accordance with the applicable provisions of the Zoning Ordinance of the City of South Burlington and until such time as said Ordinance is amended by variance or otherwise to permit occupancy by more than one family. 2. The Defendant shall be responsible under Paragraph 1 for Ithe acts of his servants, agents, employees and tenants, and this JAgreement shall be binding not only upon the Defendant, but his (servants, agents, employees, and assigns. 3. A permanent injunction and order may issue in accordance 1with the provisions of this Stipulation. Dated this day of July, 1971. CITY OF SOUTH BURLINGTON BY: Its Duly Aut'horized Agent John Trono • : t4z -'! t v sue; • 01,10 CITY OF SOUTH 13MUNGTOW, Plaintiff South Burlington,Vermant j Chi.ttenden County Vs. � 001W TR4110, Defendant South Burlington, Vermont j Chittencn County Upon consideration of the Bill of Complaint in the above Patter, and the Stipulation of the parties, it is hereby a 1. The Defendant will not permit occupancy of the dWell. ins located at 31 East Terrace and 43 East Terrace in the City of South Burlington by more than a single family in each of said dwellings, in accordance with the applicable provisions of the Zoning Ordinance of the City of South Burlington and until such time as said Ordinance is amended by variance or otherwise to permit occupancy by more than one family. . The Defendant shall be responsible under Paragraph 1 for the acts of'his servants, agents, employees and tenants, and this J reem nt shall, be binding not onlwy upon the Defendant, but his servants, agents, employees, and assigns. Dated at Burlington, Vermont this ..�,.,. day of J1317, 1971. APPRWED AS TO POW-1i iuclalph al+ y, CITY OF SOUTH BURL1,11MON Superior Judge His Attorney May 1.2, 1971 John T. Ewing, Attorney P6 'St. Paul Stre(.;t Eurlington, VT 05401 Dear John: This will confirm our conversation of Wednesday, "Lay 12, 1971 with regard to the violation on east Terrace involving John Trono. On April 7, 1971 an appeal to the South Furlington '(.'.oning Board of Adjustment to construct two duplex units on East Terrace was denied. As to the history of this particular violation, if you have any questions, please feel free to call me. Havinr discussed this matter with 11r. Janes, City I'lanager, he has advised me to refer it to you for whatever action you may deem necessary. Very truly , Richard '."ard ''onin- Administrator !,I' -, / j LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 August 2, 1971 William Robinson, Esq. Law Offices of William E. Mikell 144 South Willard Street Burlington, Vermont 05401 Dear Bill: I am quite disturbed that Mr. Trono's second tenants remain on the property, despite our agreement that they would be out no later than July 23. 1 plan to bring contempt actions on Wednesday unless they are out by that time. Very truly yours, John T. Ewing JTE/p cc: Richard R. Ward, Zoning Administrator No Text 7 t, 1 Y*** April 14t 1971 Dear Mr. D. Gibbs* I rogret to isiform you that tbo Town of ��outh burlington Zoueing board ruled against the request of a two aparts 4cant dw011ing at 33 "lost Terra*** I therefor am compelled to tell you that you will have to find a place as soon as possible # ftnd 'vacant the Pr9riia0so If there is aj*ything I can 40 to h*1P in any v4Y PlOftse do not hesitate to 1#4 am, k4ov. I will koor my, eye open toot a suitable If I eomm across any 0 &loot when the other house is ready you can have first chance at it# True)yg April 11 1971 Mr. John Trono 26 Thibault Parkway Burlington, VT 05401 Dear Mr. `fir ono : This is to notify you that the South Burlington ,oning Board of Adjustment will hold a public hearing at the South Burlington High School, Cafeteria II, Dorset Street, on �%Tednesday, , ' ipril 7s 1971 at 7:30 P-m- to consider your request for a zoning variance. Please plan to attend. Very truly, Richard Ward Zoning Administrator LAW OFFICES OF JOHN T_ EWING 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 March 26, 1971 Mr. John Trono 26 Thibault Parkway Burlington, Vermont 05401 Dear Mr. Trono; On March 18, by Certified letter the South Burlington Zoning Administrator notified you of the violation of the South Burlington Zoning ordinance, and revoked permits previously issued to you. The City now informs see that you are continuing to do work on the units, despite the revocation of the permit. This is to notify you that all work must cease immediately, pending a decision of the Zoning Hoard of Adjustment. otherwise, it will be necessary for me to proceed with legal action. Very truly yours, John T. Ewing JTE/p cc: Richard R. Ward, Zoning Administrator Certified mail Hearing Dated j Advt. Date �.�1119zl Advertise 6 days prior to p meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Poard of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 P-'M. at the South Buxlington High School. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30.00, which fee is to offset costs of holding said hearing. n n ess Date SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of adjustment will hold a public hearing at the South Purlington High School Cafeteria II Dorset Street ? South Burlington, Vermont on G� � �. �., f 9 �, , 111 - at to consider the following: ay of w ek Month and date time # Appeal of -ate /� o-,�� seeking; a variance name) from Section a �� -,�� .�-e _�.�.� t.,.,��,�. � of the Tnumber) title of section) ) South Burlington Zoning Ordinance. Request is for permission to co' I 'e-l" �u-� i/, W,0-6 ,� . -. ZONING BOARD Or ADJUSTI GNT TOWN OF SOUTH BURLINGTON9 VERMONT DORSET STREET SOUTH BURLINGTONq VERMONT Date Dear Citizen: Attached to this sheet is a copy of a legal notice that -is to appear in the Burlington Free Press. The Board of Selectmen has instructed that this form be sent to adjacent property owners as a method of advising them of a public hearing that could or could not affect their property. This is not intended, to mean that they are either in favor of or against the reqIjestI..but is merely furnished for your informational purposes* Very truly yours, Richard Ward Zoning Administrator RW/J April P, 1971 Mr. John Trono 26 Thibault Parkway Burlington, VT 051+01 Dear Mr. Trono: On March 1F, 1971 this office revoked building permits #2066 and i/3005, due to the fact that the dwelling units being constructed did not conform to the provisions of the South Burlington Zoning Ordinance. Recently7 application by you requesting a zoning variance from the Zoning Board of Adjustment was denied (April 7, 1971). Therefore, the dwelling unit at #31 'east Terrace r=ust be converted back to a single family unit and the unit at ,/-43 East Terrace must be constructed to be a single family unit. This letter shall serve notice that unless action is taken by you to correct the violation within ten (10) days? this matter will be turned over to the City Attorney for whatever action he deems necessary. Very truly, Eichard ',,lard Zoning,,'administrator RW/j march 18, 1971 Mr. John Trono 26 Thibault Parkway Burlington, VT 05401 Dear Mr. Tronot On October 29, 1970, building permit #2066 was issued to you for lot #31 on East Terrace, this permit was issued for a single family dwelling and so stated by you. On November 2, 1970 a routine inspection was conducted and every- thing appeared to be satisfactory. Reeently, this writer conducted a second inspection and found that a duplex has been completed. At no time did you inquire from this office as to whether this metwith the zoning requirements. The construction of this duplex is in direct violation of the South Burlington Zoning Ordinance. It has also been brought to my attention that the unit presently under construction is also intended to be a duplex. This permit was also issued as a single family unit, permit #3005 issued February 11, 1971, for lot #43 on East Terrace. Under the provisions of Section 13.25 of the South Burlington Zoning Ordinance, you are hereby notified that both permits have been revoked due to these violations until such time as corrective action is taken. Very truly, Richard Ward Zoning Administrator 11W/ j No Text SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Bcard of Adjustment will hold a public hearing at the South Burlington High Scnool, Cafeteria 11, Dorset Street, South Burlington, Ver- mont on Wednesday, April 7, 1971 at 7:30 P.M. to consider the following: # 1 Appeal of John Trono seeking a variance from Section 6.20, Lot area re- quiremerits of the South Burlington Zoning Ordinance. Request is for permis- sion to construct two duplex units on lots # 31 and #43, containing 11,250 square feet per lot, located on East Terrace. #2 Appeal of Lawrence Willis seeking a variance from Section 12.90, Non- conforming use of the South Burlington Zoning Ordinance. Request is for permission to convert a storage barn into an office unit 36' x 29' in size, at 251 Shunpike Road. # 3 Appeal of Harold Caron seeking a variance from Section 6.40, Yard require- ments of the South Burlington Zoning Ordinance. Request is for permission to construct an attached garage, 24' x 20' in size, within five (5) feet of the northerly side lot line, at 21 Mills Avenue. ZONING BOARD OF ADJUSTMENT Albert 1. Reynolds, Chairman