HomeMy WebLinkAboutAO-08-07 - Decision - 0102 Ethan Allen DriveCITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
JOYCE BELTER — 102 ETHAN ALLEN DRIVE
APPEAL #AO-08-07
FINDINGS OF FACT AND DECISION
Joyce Belter, hereinafter referred to as the appellant, appeals the decisions of the
Administrative Officer in Notice of Violation #NV-08-08, 102 Ethan Allen Drive.
The Development Review Board held a public hearing on Tuesday, June 3, 2008. Mark
Sperry, Esq. represented the appellant.
Based on testimony provided at the above mentioned public hearing and the plans and
supporting materials contained in the document file for this application, the Development
Review Board finds, concludes, and decides the following:
FINDINGS OF FACT
1. On April 23, 2008, the Administrative Officer mailed via Certified Mail Return
Receipt, a Notice of Violation dated April 16, 2008, to Joyce Belter for a zoning
violation at 102 Ethan Allen Drive (#NV-08-07 — EXHIBIT 1).
2. The Notice of Violation described the violation as: "Altered the existing grade of
your above referenced property in the vicinity of 44 Country Club Drive by placing
or allowing to be placed fill, gravel, sand, loam, topsoil or other similar material in
an amount equal to or greater than 20 cubic yards without approval of the
Development Review Board and a zoning permit".
3. A Notice of Appeal (#AO-08-07) was filed on 4/29/08 by Joyce Belter (EXHIBIT
2), hereinafter referred to as "Appellant", appealing the Administrative Officer's
determination in Notice of Violation #NV-08-08.
4. A public notice on the appeal was published in Seven Days on May 14, 2008
(EXHIBIT 3).
5. The fill, gravel, sand, loam, topsoil, or other similar material placed on the
Appellant's property by Terry & Bethany Lieberman is depicted on a plan entitled,
"Topographic Survey for Terry & Bethany Lieberman 44 Country Club Drive So.
Burlington, Vermont", prepared by Vermont Land Surveyors, Inc., last revised on
March 14, 2008 (EXHIBIT 4). The Liebermans' agent informed the
Administrative Officer that the Liebermans placed approximately 200 cubic yards
of fill, gravel, sand, loam, topsoil, or other similar material on the Belters'
property.
CONCLUSIONS OF LAW
1. Section 3.12 of the Land Development Regulations requires approval of the
Development Review Board for the placement of fill, gravel, sand, loam, topsoil,
or other similar material equal to or greater than 20 cubic yards (EXHIBIT 6).
2. No one has obtained approval from the Development Review Board for the
placement of more than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other
similar material on Appellant's property.
3. Section 17.02 of the Land Development Regulations states, in relevant part, that
"no land development may be commenced within the area affected by these
regulations without a zoning permit issued by the Administrative Officer"
(EXHIBIT 7). The definition of "land development" includes "[t]he construction,
reconstruction, conversion, structural alteration, relocation or enlargement of any
building or other structure, or of any mining, excavation or landfill ..." See
Article 2 of the Land Development Regulations. Since land development has
taken place on the 102 Ethan Allen Drive property without a zoning permit, the
Board concludes that the Appellant is in violation of the Land Development
Regulations and 24 V.S.A. section 4449(a)(1).
4. No one has applied for or obtained a zoning permit for the placement of more
than 20 cubic yards of fill, gravel, sand, loam, topsoil, or other similar material on
Appellant's property. Since no zoning permit has been issued for placement of
fill by the appellants on the 102 Ethan Allen Drive property, the Board concludes
that the Appellant is in violation of the Land Development Regulations and 24
V.S.A. section 4449(a)(1).
DECISION
Motion by 1 ( � 0V seconded by NtVCC &01 10k , to uphold
the decision of the Administrative Officer to issue Notice of Violation #NV-08-08, 102
Ethan Allen Drive.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — re nay/abstain/not present
John Dinklagee�e�a
/nay/abstain/not present
Roger Farley —ay/abstain/not present
Eric Knudsen —yea/nay/abstain not r s
Peter Plumeau — /nay/abstain not rese
Gayle Quimby — ea ay/abstain/not present
Motion carried by a vote of ) - - v
Signed this day of 2008, by
John Dinklage, Chair
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRECP 5 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).