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Home My WebLink AboutBATCH - Supplemental - 0010 Fayette RoadCity of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 August 27, 1992 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05406-4193 Re: Zoning appeal Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street on Monday, September 14, 1992 at 7:00 P.M. to consider your zoning application. Please plan to attend this hearing. Very truly, Richard Ward, Zoning Administrative Officer 1 Encl RW/mcp AUG 19 '92 04:28 PM Fit7Patrick-Llewellyn 802 879 3846 Page 3 f City of South Burlington Application to Board of Adjustment Da t e Applicant Gerald Milot. & John Larkin Owner, leas ee, agent P.O. Box 4193. Address Burlin ton, VT 05406-4193 Telephone # Landowner John Larkin, James Fayette ui1lulal Use APPLICATION # HEARING DATE FILING DATE FEE AMOUNT �550.00 658-2000 Address 410 Shelburne Rd., South Burlington Location and description of property 33.53 acre parcel zoned "Commercial 1" on the West side of Shelburne a rint � vP Type of application check one ( ) appeal from decision of Administrative Officer(X )request for a conditional use z understand the presentation c ( ) request fora variance. 4468 of the Planning & Development Act). rAlsorthatt hearingby State s (Section month (second and Fourth Mondays). e are held twice a a minimum of fifteen (15) daysy )' That a ]heal advertisement must appeal hearing fee which is to off -set pthe rcostto to£ thehe rhearinI agree to pay a g. Provisions of zoning ordinance in question 11.502 Conditional use b. a artments multifamily housing Reason for appeal conditional use approval for 150 units of multifarnil' housin (five buildin s re lace the 7 buildin reviousl in a C-1 7 a roved 8 12 91 one. aThe owner or applicant should submit along with this application (8 copies) nynothereadditionalainf'ormatioing nlwhichsw(drawn to scale) traffic data and Board. ill serve as support evidence to the Sept. 14, 1992 f�jj1 �j A �FY - Hea g �Date� Signature of A '�e1 _______________________ Do not write_ below P1 lant SOUTH BUR _this line LINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will holoom, d d a public hearing at the South Burlington Municipal Offices, Conference R 575 Dorset Street, South Burlington, Vermont on Day Of Week Month and DataTime at to consider the following: sf Appeal of seeking f//, s v from Section Cl o� tho South Burling ��-�•�. _9t"u.C}s� ons , Request is for porm ss on to ��' Gam- ov� G� .to.s, c�,�. � � � 77""" �►-Y7 ®v-c..t� rr rtt.e � y No Text ACAW • 12, MILOT, Gerald/LARKIN, jonn 10 Fayette Road (north-westerly) Area zoned C-1 District. Section 11.50 Planned Commercial Development, sub -section 11.502(b) apartments and multi -family dwellings. Conditional uses approval required, Section 19.05 sub -section 19.051 and 19.052 applies. Proposed 150 multi -family units in 5 buildings in conjunction with 40,000 square feet of retail area and 1000 seat movie theater. Similar application approved August 12, 1991. Same number of units within 7 buildings. Planning Commission and Act 250 approvals have been granted. vw,.�w�{aa wc-Tu,JoS o/r U/f a�siz- op vaare+lT arJo.a./tee er o� vtzMOJ�- eniuv4-( -TtF�T1c.-Il- r'bJL7- LEGEND PERIMETER PROPERTY LINE -- R.O.W. / EASEMENT LINE EDGE OF PAVEMENT ------------- LIMIT OF CONSERVAnON ZONE ------------ LIMIT OF WETLANDS ,Jjc r- GCS ' L. e Su.I �T-2f ---E VF.2.. �vfTN1 Yoe F�E�IT C LOCUS �n NO TES _ 1. OWNER OF RECORD: JAMES FAYFTTF 1930 SHELBURNE ROAD SHELBURNE. VERMONT 05482 2 APPLICANT' GERALD MILOT 9 ✓OHN LARKIN P.O. BOX 4193 BURLINGTON, VERMONT 05402 J. ZONED: COMMERCIAL 7. CON0177ONAL R£SDEN 77AL USE PREVIOUSLY APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT. 4. TOTAL PARCEL AREA: 33.5J (+/-) ACRES 5. TOPOGRAPHY AND EXISTING FEATURES TAKEN FROM A PLAN ENTITLED 'L&M BUSINESS PARK SKETCH PLAN' BY DONALD L. HAMUN, DATED 12118186, AND FROM INVES77GAT7ONS PERFORMED BY THIS OFFICE. PERIMETER PROPERTY LINE INFORMAPON TAKEN FROM A PLAN ENT TL ED 'L1il PARK /1175 SHELBURNE ROAD, SOUTH BURLINGTON. VERMONT . DRAWING NUMBERS D J723 AND D 3849, DATED NOVEMBER 1990. LATEST REVISION FEBRUARY, 1991. 6. £x7S'NG SANITARY SEWER LOCATION AND ELEVATIONS TAKEN FROM DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON AND FROM INVES77CATIONS PERFORMED BY THIS OFFICE EXISTING 16' C.W.D. TRANSMISSION MAIN LOCA77ON BASED FROM INFORMATION PRO✓GED BY THE CITY OF SOUTH BURLINGTON WATER DEPARTMENT. ALL LOCATIONS MUST BE RELD VERIFIED PRIOR TO CONSTRUCTION. 7. LOCATION AND W1D77i OF ANTICIPATED HIGHWAY RIGHT -Or -WAY SHOWN AS DESCRIBED BY THE CITY OF SOUTH BURLINCTON C17Y PLANNER. 25' SETBACK FROM R.O.W. MAINTAINED AS STIPULATED BY PLANNER. 8. TOTAL MUL77-FAMILY UNITS - 150 TOTAL NUMBER OF MULTI -FAMILY BUILDINGS 5 TOTAL PARKING SPACES REQUIRED 338 TOTAL NUMBER OF PARKING SPACES PROVIDED - 338 SCALE : I' • 100' no so o goo »o goo .ou eoa soo John Larkin Zoning Violation January 12, 1995 Page 2 7) Landscaping (street trees) along Fayette Road west of the building not planted as shown on the approved landscaping plan. Some trees missing and others not properly installed. 8) Remove all building materials being stored in Fayette Road cul- de-sac. 9) Screen dumpsters for residential buildings #2 and #3 as shown on the approved plat. Chain link fence installed does not screen dumpsters. 10) Remove all building materials from access drive serving the residential buildings. 11) Install 11 parking elevators along west side of building as shown on the approved plat. 12) Obtain approval from the Planning Commission for the outside stairway on the west side of building. 13) Discontinue use of emergency access to parking area in front of Shelburne Toy and Hobby by general public. 14) Replace directional signs with the signs shown and approved on the plan entitled "L&M Park Additional Signage Plan", prepared by FitzPatrick-Llewellyn, Inc. and dated November 1994. 15) Change direction of traffic flow through the underground parking garage to the direction shown on the approved plat. 16) Terminiate use of building at 7 Fayette Road until such time as a Certificate of Occupancy/Compliance is issued by the Administrative Officer. If you do not accomplish the actions directed in this letter within seven (7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to $50.00 per day for each day your violation continues beyond the seven (7) day period in this letter. If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Adjustment by filing a written notice of appeal within fifteen (15) days of John Larkin Zoning Violation January 12, 1995 Page 3 the date of this letter with the Clerk of the Board of Adjustment at the following address: 575 Dorset Street, South Burlington, Vermont 05403. If you have any questions regrading this letter, please call me at the telephone number setforth above. Sincerely, Richard Ward, Zoning Administrative Officer RJB/mcp pc: Gregg Beldock Cactus Pete's Shelburne Toy and Hobby Discovery Zone Rob LeClair, Vermont National Bank Dianne L. Kenney, Esquire Certified letter #P 280 219 079 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 January 12, 1995 Gerald Milot L&M Partnership P.O. Box 4193 Burlington, VT 05403 Re: Zoning Violation, 7 Fayette Road Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Please be advised that based on information available to the City, you are occupying the building at the above referenced address without obtaining a Certificate of Occupancy from the City as required under Section 27.201 of the South Burlington Zoning Regulations and 24 VSA 4443(a)(2). You have seven ( 7 ) days from the date of this letter to discontinue this violation and take appropriate remedial action. Specifically, you must accomplish the following site improvements in order to comply with the revised final plat approved on 8/9/94. 1. Construct the parking spaces, relocate the dumpster, screen the dumpster, install lighting and landscaping behind the Vermont National bank building as shown on the approved plat. 2. Relocate all dumpsters associated with 7 Fayette Road to the west side of the building and screen as shown on the approved plat. 3. Screen the dumpster at Larkin Terrace with four (4) foot stockade fence as shown on the approved plat. 4. Install bike rack as shown on the approved plat. 5. Revise parking layout underneath building and in parking lot west of building to be identical with the approved plat or obtain approval from the Planning Commission for a revised layout. 6. Construct the curb opening to the parking lot west of the building as shown on the approved plat or obtain approval from the Planning Commission for a different configuration. P, 280 219 078 Receipt for �*ertlfied Mail � No Insurance Coverage Provided MTEDSTATES Do not use for International Mail Posm SERVICE (See Reverse) Sent to Stre and No. -a 3 P.O., State and ZI7ode V Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, C Date, and Addressee's Address 7 TOTAL Postage C; & Fees Postmark or Date 0 M o U- to a STAMP TO DELETION Gerald Milot Zoning Violation January 12, 1995 Page 2 7) Landscaping (street trees) along Fayette Road west of the building not planted as shown on the approved landscaping plan. Some trees missing and others not properly installed. 8) Remove all building materials being stored in Fayette Road cul- de-sac. 9) Screen dumpsters for residential buildings #2 and #3 as shown on the approved plat. Chain link fence installed does not screen dumpsters. 10) Remove all building materials from access drive serving the residential buildings. 11) Install 11 parking elevators along west side of building as shown on the approved plat. 12) Obtain approval from the Planning Commission for the outside stairway on the west side of building. 13 ) Vacate and do not use the building at 7 Fayette Road until such time as a Certificate of Occupancy/Compliance is issued by the Administrative Officer. 14) Replace directional signs with the signs shown and approved on the plan entitled "L&M Park Additional Dignage Plan", prepared by FitzPatrick-Llewellyn, Inc. and dated November 1994. 15) Change direction of traffic flow through the underground parking garage to the direction shown on the approved plat. 16) Discontinue use of emergency access to parking area in front of Shelburne Toy and Hobby by general public. If you do not accomplish the actions directed in this letter within seven(7) days of the date of this letter, the City may pursue this matter in court. In such court proceeding, the City will be entitled to seek appropriate injunctive relief and fines of up to $50.00 per day for each day your violation continues beyond the seven (7) day period in this letter. If the violation described in this letter occurs again within twelve (12) months of the date of this letter, you will not be entitled to receive a further Notice of Violation from the City before the City pursues further enforcement proceedings. You may appeal this Notice of Violation to the Board of Adjustment by filing a written notice of appeal within fifteen (15) days of Gerald Milot Zoning Violation January 12, 1995 Page 3 the date of this letter with the Clerk of the Board of Adjustment at the following address: 575 Dorset Street, South Burlington, Vermont 05403. If you have any questions regrading this letter, please call me at the telephone number setforth above. Sinc e.r,ely, Richard Ward, Zoning Administrative Officer RJB/mcp pc: Gregg Beldock Cactus Pete's Shelburne Toy and Hobby Discovery Zone Certified letter #P 280 219 078 Gregg BeIdock January 16, 1995 Mr. Richard Ward Zoning Administrator 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Ward: I am recently in receipt of your note to John Larkin, dated January 12, 1995. Although the letter was not addressed to me, many of the issues in the letter refer to issues directly within my control. Furthermore, you chose to copy me on the letter; I assume that the copious number of copies were sent out in an effort to solicit some aid in effecting remedies to the violations you listed in your letter. Toward that end, in addition to me, I have noticed that you copied tenants of my building and tenants of John Larkin. If this was intended to be done as a courtesy it was a sophomoric error, despite its good intentions. My tenants' responsibilities are to pay rent and operate their businesses; my responsibility to them is to operate and manage the real estate I rent them. I expect my offices to be reimbursed for performing responsibilities of my tenants; I am certain my tenants feel similarly. In short, please do not involve my tenants in my business with your offices. This practice could cause both of our offices money unnecessarily. Regarding the violations you list in your letter I offer the following: 1) The violations at the Vermont National Bank site are, of course, not my responsibility. However, I will schedule a meeting with Rob LeClair and John Larkin to see how, by working together, we can meet the requirements of the approved plan. Rob LeClair has mentioned to me (although I have not received a copy of the plan) that he is planning to install two (2) additional parking spaces. I would be happy to help him expedite this process in the Spring; I may even contrib'»te to the expense associated with the spaces, although my as built plan shows enough spaces now, without the eleven (11) stacked units. 2) As you and I and Joe Weith have discussed, the "as -built" condition of the site has prevented us from placing the dumpsters at the north-west corner of the building; the grade is just too steep. Furthermore, by insisting on placing all of the dumpsters in that location we are unnecessarily exposing ourselves to a tremendous insurance risk; It's a long, slippery walk with a bagibox of garbage. I apologize for not realizing or thinking of this nine (9) months ago. The engineers I hired were also remiss in not picking this shortcoming up. As the attached as built drawing indicates, I will ask that the Planning Commission approve new dumpster locations. 3) This issue is solely Mr. Larkin's and Mr. Milot's. 2117 Dorset Street • Shelburne, Vermont 05482 • (802) 985-9446 4) The bike rack has been purchased and is in the storage room in the garage. Joe Weith and I have discussed this issue. By the way, Dick, I am an avid biker, as you know. In May, I will get out my bicycle and that no doubt will remind me to take the rack out of the storage room. 5) I intend to submit the plan enclosed herewith to the Planning Commission. The construction was completed in November. It is not unreasonable for a project that required extensive sitework such as this project to have some variation from the original print. Our final layout does not differ tremendously from the plan I last submitted. The final layout does provide more parking spaces. The site needs directional and instructional signage to train people to maximize the parking below and behind the building. 6) It is my understanding that the curb meets the specifications of the plan submitted. 7) The landscaping along Fayette Road was previously approved by the City Planner. I will meet with Joe Weith to discuss what problems, if any, exist. John Lang met with Ray Belair to get Ray's approval for the final installation. I have posted a $17,000 bond for the landscaping; twice what the trees and installation cost me, but Mr. Belair insisted on the amount of the bond. If there's a problem, we're more than adequately bonded. 8) This issue is solely Mr. Larkin's and Mr. Milot's. 9) This issue is solely Mr. Larkin's and Mr. Milot's. 10) This issue is solely Mr. Larkin's and Mr. Milot's. 11) Again, as we have discussed, the concept of the parking elevators was a good and creative one. The eleven parking elevators allowed us to reach 489 parking spaces in the P.U.D. However, the as builts will show that we have 496 spaces without the elevators. 12) The outside stairway is for emergency exit only and was required by the Department of Labor and Industry. 13) This area was built to the specifications of the City Planner and the Fire Chief. Because the curb is lower here, customers will always choose to use it as an access/egress. We will put up metal stakes, again (people have driven over them), and this time we will put "Watch For Children" signs on them. Perhaps people will think twice before running them over. 14) It is my understanding that we are allowed, in fact encouraged, to place as many directional signs as we deem necessary on the site. 15) Again, we intend to address this issue with the Planning Commission. 16) It was my understanding that the businesses had received Temporary Certificates of 2 Occupancy. On three occasions I was told that the Temporary Certificates of Occupancy had been issued. The businesses have not even been operating for thirty (30) days. Dick, if it takes nine (9) months to design and get approvals for a project of this magnitude, is it unreasonable for it to take sixty (60) days to figure out where traffic signs and dumpsters work best? Is it unreasonable to expect sixty (60) days to get all the parties involved to put their "as-builts" on a plan and submit them? Of course not. Are any of the issues raised with this location life threatening? Is the project a detriment to the area? Quite to the contrary Dick. The fact of the matter is that the project opened up at Christmas time. The "honeymoon" period for new businesses is busy enough; combine it with Christmas vacation -instant success. I only hope it is sustained. The business' success so far only proves that a family entertainment center was right for the location. The shared parking concept has also proven to be a good call by the Planning Commission. We need only to encourage use of the garage and lower lot. Signage, education, and incentive by the businesses at 7 Fayette Road will solve much of the problem. This is a good project but in its initial stages it is not without its problems. The town would be well served to have more projects of mixed yet compatible uses such as this one. If there are violations existing at 7 Fayette Road we will address them. There is no need or call for threatening to shut down businesses resulting in lawsuits, fighting, and bad feelings for all involved. There may have been violations existing at L&M Park for a long time, resulting in the need for the town to begin imposing fines. You and I both know I have kept my word (and spent my money) and been effective in clearing up many of the long existing violations at L&M Park. Similarly, you and I both know that plans do not always work exactly as intended or drawn. Minor changes, such as those involved here, must be made on the job. We will continue to make the changes necessitated by practicality and requested by your offices. We will do so without closing any businesses and without turning away customers. I look forward to discussing these issues and any future issues with your offices. Thank you for your efforts on our behalf and your attention to these matters. Dianne Kenney 3