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HomeMy WebLinkAboutBATCH - Supplemental - 1430 Hinesburg RoadSOUTH 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 Monday . November 24, 1980 , at 5:00 P.M. to consider the (day of week) (month and date) (time) following: Appeal of Harry and Alan Gigure seeking a variance , , from Section 11.00 requirements -subsection 11.001 Dimensional of the South Burlinaton Zoning Regulations. Request is for permission to construct a 27'x40' dwelling unit to within thirty-three (33) feet of the required front yard and fifteen (15) feet of a portion of the rear yard, on lot #2 located off Airport Parkway and to the rear of #237 Kirby Road. Appeal of Rosalie Hammond seeking a variance , , from Section 11.00 Dimensional requirements of the South Burlington Zoning Regulations. Request is for permission to construct a detached 24'x34' garage to within ten (10) feet of the southerly side yard, at 1430 Hinesburg road. Richard Ward, Zoning Administrative Officer November 8, 1980 AGENDA South Burlington Zoning Board of Adjustment City Hall Conference Room South Burlington, Vermont Regular Meeting @5:00 P.M. Monday, November 24, 1980 1) Appeal of Harry and Alan Gigure, 237 Kirby Road, requesting permission to construct a 27' x 40' dwelling unit to within thirty feet of the re- quired front yard and to within fifteen feet of a portion of the rear yard, on lot #2 located to the rear of 237 Kirby Road. 2) Appeal of Rosalie Hand, 1430 Hinesburg Road requesting permission to construct a detached 24' x 34' garage to within ten feet of the southerly side yard, at 1430 Hinesburg Road. 3) Tabled appeal of B & S Food Services d.b.a. Burger King, 981 Shelburne Road requesting permission to construct a drive thru service area. 4) Minutes 11/10/80. Respectfully submitted, Richard Ward, Zoning Administrative Officer No Text No Text 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 Adiust- ment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Rood, South Burlington, Vermont on Monday, November 24, IM, at 5:00 p.m. to consider the following: 1. Appeal of Harry and Alan Gigure seeking a variance, from Section 11.00, Dimensional reauirements- subsection 11.001 of the South Bur- lington Zoning Regulations. Request is for Permission to construct a 27'x40' 9weiling unit to within thirty (30) feet of the required front vord and fifteen (15) feet of a Portion of the rear vord, on lot No. 2 located off Airport Parkway and to the rear of No. 237 Kirby Rood. 2. Appeal of Rosalie Hammond seek- ing a variance, from Section 11.00, Dimensional reouirements of the South Burlington Zoning Regu- lations. Request is for Permission to construct a detached 24'x3r' garoge to within ten (10) feet of the south- erly side vord, at 1430 Hinesburg R ood. Richard Word, Zoning Administrative Officer November 8, IM NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, fiance, decision of administrative officer. Property Owne,-ram ✓ �_� Prc'Sperty location & description Variance of Section (number Basis of appeal title of section 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 $30.00 which fee is to off -set the costs of advertising and the hearing. Hearing Date0Pt4/""E / 3i ature of A pellant �d ----------------------------------------------------------------------------------- SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlington Zoning Regulations and Chapter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 Williston Road, South Burlington, Vermont on , at to consider the (day of week) (month and date) (time) following: Appea 1 o f-a seeking a from Section -c... " of the South Burlington Zoning Regulations. Request is for permission to 4� GL. - - /4/,? 4:� Page No. of Pages i1raposat RMERT E. J001100M ANON 8 Mqcrea ftxf RFD 2 PROPOSAL 2MMED TO PHONE IF6 1-1 DATE - d/ - c ( 6�-1 STREET JOB NAME /� J 0 ! /i [-'6 '1 ly (l CITY, STATE AND ZIP CODE JOB LOCATION �-/ 3 ; ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for: Glv:�TkL,1C eTVI'v ,✓i% r3'i� Cs�-�� .5:) C, , arc f v (.v A 13'y tv` o o V r Co 'i I•. �.. c) Tv � -�, ; c > t' i • �? i"= r r % 0, ' N > c .� ':;L /Y 1-" Cc a 11i• r s r ?v c- �rV G( �'p MC !� �-'TC � r� �T 6 Tf% �,E` `� r:.ta�,ic � f � � j!�' �� �'Y) 'S%�,�jr7 %Y r• rt` � TG C�✓t°"%` �c c: � %t't�i' IlY', 7-/T r s Cc:rr�cT c o,c _3 ira 7- ��,( //i/C.+, cJc ( ��g .�•Tl�=S C=� acf>r P Ile frap u hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars ($ _'-7� 7L/ c ? O ) . Payrhent to be made as follows: r All material is guaranteed to be as specified. All work to be completed in a workmanlike % ! f• �`. > manner according to standard practices. Any alteration or deviation from above specifica- Authorized' � � �'��--r g y p Signature r�L' .,n lions involving extra costs will be executed only upon written orders, and will become an g � '� over and above the estimate. All agreements contingent upon strikes, accidents_ extra charge or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be {% / C Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within „ � days. Arre�r#�rire ofrv�rosttl The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FORM 118 COPYRIGHT 1960 - NEW ENGLAND BUSINESS SERVICE. INC. GROTON, MASS. 01450 r -- age SCAB. 4F I Rnc P'ev, Src -h 1. A Al A uu . AV' 1 A .- rl .D. 0i,L A� r, n � '� t .. ,. W P°'.J 'i li w t r ya 1— -r, No Text November 10, 1980 Mrs. Rosalie Hasanond 1430 Hinesburg toad South Burlington, Vermont 05401 Dear Mrs. Hanrnond: Be advised that the South Burlington Zoning board of Adjustment will hold a public hearing at the City Hall, Conference Roam, 1175 Williston load on Mon- day, November 24, 1980 at 5:00 P.M. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Gfficer r RW/mcg 1976 October 4, / kttorney Richard &pokes F6 -t. ?aul Street Durlington7 VT 05401 Dear Fick: _,ks of 177 1976 (date the 1am-,.on(! - Is r::,ceived by notice) otice no action has been taker by the liam.mon,"J's,, Last ��ttorneyls Obu"howski and '�..'ool and myself met to August t. a- the discuss this t 1 -11 c h v:,� t Ila C is matter, th-? r-si—C. . the t 0 1 I ij,- , (q, � e r) 'or -outine ;iay1nond's �,,.!oul­(! 'oe PA-1c, " nursing home ODerat4-i.on ,,.,as to medic,al transports ,,n' terminate witiAn t,,,Io weeks. I am enclosin- copies oP my notices to th- Triam,rondls -and a letter 1rom the nearest neighbor to t,7e north for your review. JY'r. �,erwin feels that his Croperty tsy assessment should c,e reduced because of' tCr� operation at the iiamrond's. P,Iy last inspection of the 'Hamrn " ond property revealed that nothing has changed in over a year. Very truly, Richard d "ardBonin. drninistra tive Officor ,. RIW/i Enclosure October 13, 1976 Mr. Donald herwin 1420 Hinesburg Road South -3urlington, VT 05401 11 Dear. "r. '.erwin: P "his office hf�s conducte(I an invests -.Rion 0, your complaint r-e,ceiv-,.::6, on AuF us t 16 976 involving the ha nd's at 1430 hinf,sburg Road. We were informe-(5 by th,-of Duman Fer vi s S, oc --,,rvi (-;F, s -Ldi v:* s nor-,. t t lie i:aii!,, ond s ar- n o, t c, - Is c,, :,uqust ?I long -,Pr as �j community a.r e t�orjip JQ 175). `h�-, anbul,,nce is Ticfzns,( - ", t! ' s patient trns ortat i S r,rvice only and is not allowed to operate any other* service. .1avir, Cisc,,.Issed tiiis mutts-r- *vTit',- the ity I'Ittorriey, he informs me that there does not appoar to a vio-'1,,-,.tion based or. t i-,forri tion wc- have rerr,ived.. It is the opinion of the City 1�t4,,-.orr,,cjy t ,a- t,�' . U he �'ity 4�Oning regulations do not prevent the parking of a commercial vehJclP in ♦% drix—,7�.?,� wit, in I a resic'ential zonr-. Tilp, operating of a Commercial from a resi(jential district can b'e'' construed as an accessory use. "his office has conclucted or -site inspections o' 1k.-he liammond -propz,rty. !,,!P, are aware of ot?ier vehicles parked on thf., property, hovever these vehicles arr properly rerist6,ered and therpfore7 do not constitute a viol�-tion. Based on information received to date, it is the opinion of til, is 0'-'-*cc-- that thL, -'.�arrr-,ondls are not viola tin.,-, any urov?sions 0:7 the City Zoning 1-iegulations. Very truly, -,onin!,- dministrativc ("Ifficor I iA July 15, 1975 & Iflxs. Pernard Hammond 1430 I'L'Incsour- g -':oad 'furling, 4-on, VT 05401 `'outh Irlur "L U �c,_­.r " T - - - 4, Mrs - I tlar imonO .1 ­­ and in-prIct-fon of your premises - ai-,"o our convortf',t-27-on or this dt"tr'. aur r s 2, onc, d, Ag r i cu 1 tur al -Rur al e awar USI�iEl; ir ae operatin',- or n "'- 7 5 �sa. or mhat 'E'iMC 9 31 1" -1-- Ylo' intensi n!�, 4 Johnson ,j Vermont in -L or ne d mc� Would be 141- h I n as o 0�,,:- y th, sa.�e 7 f 4 Mjo pooplE.-! wc: cb!��71*r%r,­d b� of "ice In addit.Lon was informed that you have other persons under your epre. �­�' 'his �,Iridpnce would lead !'yea to " ' 11�`7:7 '' t you are operat- I ir,g a nuriin57 home, whicl-1 is a ot of the City Zonin,­ regulations* You were also inflormed that you would not be allowed to IsI. operate an ambulance service ri 'Orl y0r(zIeneo. kt ur ­ I ,"ine this office was araln in'fornf:?d that you were using the ambulance for transporting orl�, on a limited basis. As of this date. you have an addit.cnal vel­,iclo and I'm told, you plan to operate and maybe a third unit. As a result of my investigation involving formal corriplaints I have found evidence ,>'nich revkr..ls that you are violating the zoning rarulations on two counts. a p"_ovisions set fort� in !-e advised that in accordance wit' 117 thesit;Zonin�'r -�e,7ulations and C Chapter .4- of Title 24 - Vermont Statutes An­.otr;,,tedj you are hereby informed that you are in direct viol=,tion of Section 5-0C of the Zoning Regulations. And, further, that unless corrective action 0 Fr Mrs. 11P.-Imand Page 2 ,TulY 15, 1975 is taken within ten (10) 'ays from receipt of this letter, this matter will be turned over to x ttorney Joseph Obuchowski, the Grand Juror for t�,c City of South Ylurlington for whatever L-,,7al action, I,-,- dect:,,s necessar�-,. Obuchowski n Very trilly I Fichard Ward Zoning Administrative �"fficer September 14, 1976 Mr. &- Mrs. 1ernarcl, Hammond 1430 Hinesburg :-Load 1,ou'.h '.�ur7ingtor,, VT 05401 -car :T. 7.1'ai-u,ond: ,%b out of L - e — u. & zoning pn;�. year ago, this cffi'.. . info, o. .:Zed you at your premises. At that time you were operating a nursing homE, fror., your d-elling. This violation resulted in a .�.eetin-- 1.:ith, josc, 1. ''ool, AtI.or-ley .,cserh Obuchows1z..i and myself. It was agreed that you would be allo�,, d to -Paintain th,., ambulanroutine, transports. The nursin,' home was to te errrinatc within t!,,I-o the d,atc, C-" the �-!c(,ntly, this cfficc has been in'or-ed that a-c s""i",.]. 7aintainin- a nursing home, in et, you are ien-istered with Q) t: the, a�s a custodial care Lome. This is a direct vliolat'on of tL-C 'City -.,onin,.l,, eculations. This lett�-.r is to serve as official noti,-,,c- that you are in violation and to rep, ' uest that you take corrective act -ion by tu,�.-:r',-riinutiap, this viol,-,...'ti.on. ou - 1L-: L tay wish to ar.Dr. �al to the coning `-oard of 'd� st,",,ient for a variance. In any case action will occur within ten (13) days Pro receii�t of this I -otter. Very truly, 7onin-z '�`,minist-ative C-71'icer �T "Ij LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING RICHARD A. SPOKES JOSEPH F. OBUCHOWSKI October 7, 1976 Richard R. Ward Zoning Administrator 1175 Williston Road S. Burlington, Vt. 05401 RE: Hammond Dear Dick: AREA CODE 802 863-2857 I have reviewed your letter of October 4, 1976, along with the enclosures. If, in fact, a violation of our zoning regulations exists, the City has two alternatives. The first is to commence a prosecution in District Court, much like we have done in situations involving violations of the sign ordinance. This action, however, must be brought under the name of the City Grand Juror, and that office is vacant at the present time. The Council could appoint a City Grand Juror, and our office in effect could represent the Grand Juror and proceed with the District Court prosecution. I frankly see no reason why Bill Szymanski could not be appointed to the office. The second alternative available to the City is to commence an action in Chittenden Superior Court seeking injunctive relief. This is a more complex procedure than the District Court prosecution. The relief sought is a court order prohibiting the violation, but normally no penalty is imposed. In the District Court proceeding, penalties may be imposed but no injunctions or other types of prohibition orders can be issued by the court. The proceedings in Superior Court normally would be more time consuming and more expensive from the City's viewpoint. I believe in the past we have felt that the City administration could authorize a prosecution in District Court, but I would be reluctant to commence any action in Superior Court without Council knowledge and approval. Very truly yours, RAS:nm Richard A. Spokes LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 JOHN T. EWING AREA CODE 802 RICHARD A. SPOKES October 8, 1976 863-2857 JOSEPH F. OBUCHOWSKI Richard R. Ward zoning Administrator 1175 Williston Road S. Burlington, Vt. 05401 RE: Hammond Ambulance Dear Dick: You have asked me to examine the patient transportation service being conducted by the Hammonds on Hinesburg Road in the context of our zoning regulations to determine whether a violation exists. I understand that an ambulance is parked in their yard and available for patient transportation, but not available for emergency use. I also understand that no siren or red light is used during service. In addition, there is no other evidence of any business activity at the Hammond premises. Your first inquiry is whether the activities of the Hammonds constitute a home occupation under Section 13.20 of the zoning regulations. In examining that section, there are two criteria necessary for qualification as a home occupation. The first is that the activity in question is customary in residential areas and the second is that such activity does not change the character of the area. This language is identical to that contained in 24 V.S.A. §4406 (3). I am not sure if it is appropriate to analyze the Hammond situation in terms of the existence or non-existence of a home occupation. If it is appropriate, it would seem to be a factual determination, and not a question of law. My personal feeling is that the parking of commercial vehicles in residential and agricultural areas is customary and does not change the character of those areas. I suspect that many people in South Burlington travel to and from work in a commercial vehicle which is parked in their driveway during non -working hours. Of course, there might be some distinction between an ambulance and a cement truck, and there is no question that reasonable people can disagree on whether the parking of a commercial vehicle in a residential or agricultural district is customary. EWING & SPOKES A second approach to the problem is to determine whether the Hammonds' activities are accessory to the primary use of the property as a residence. I was unable to find any assistance in the Vermont Planning and Development Act, our own zoning regulations or Vermont case law which would shed some light on the issue. I did, however, find two cases in other states which considered the problem. In Cook vs. Bensalem Township Zoning Board of Adjustment, 413 Pa 175, 196 A 2d 327, the court determined that the parking of a dumptruck, pickup, two tractors, two trailers, a van truck body, and other items in a residential yard is not accessory to the primary residential use of the property. The Cook case is obvious, and we certainly cannot draw any guidance from it. The second case offers a more similar situation to that of the Hammonds. In Northvale vs. Blundo, 85 N.J. Super 56, 203 A 2d 721, the court determined that the parking of one commercial vehicle overnight in a residential district is not an accessory use. The vehicle was used simply to drive to and from work. Significantly, however, the court based its decision on certain restrictive language contained in the Northvale zoning ordinance. Our zoning regulations contain no similar language. Without a provision in our ordinance prohibiting the parking of commercial vehicles in residential or agricultural districts or some language which would at least infer such prohibition, I would judge that the parking of a commercial vehicle in a driveway located in a residential or agricultural district can be construed as an accessory use. Unless it is determined by the Planning Commission and Council to amend the zoning regulations to cover the parking of commercial vehicles in residential and agricultural districts, I would judge that it would be inappropriate for the City to take the position that such is presently prohibited. Very truly yours, Richard A. Spokes RAS:nm LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT OS401 JOHN T. EWING AREA CODE 802 RICHARD A. SPOKES July 16, 1976 863-28S7 JOSEPH F. OBUCHOWSKI Board of Civil Authority South Burlington Vermont 05401 RE: Kerwin Appeal Gentlemen: I am writing this letter at the request of Mr. Richard Ward. Apparently in the case before the Board, Mr. Kerwin has raised some question as to zoning enforcement relative to his neighbors, the Hammonds. During the period between May and August of 1975, enforcement letters were written to the Hammonds by both Mr. Ward and myself. The culmination of these enforcement efforts was a conference among myself, Mr. Ward and Joseph Wool, Esquire, the attorney for the Hammonds. It was agreed at that time that the people stay- ing with the Hammonds were temporary house guests and would be leaving within a couple of weeks and that only one ambulance would be kept on the premises as part of a customary home occupation. If the terms of this settlement have been effected, then the violations have been corrected. If not, then further enforcement procedures will be commenced. If you have any further questions regarding this matter, or if I may provide any additional information, please let me know. Very truly yours,-. Joseph F. Obuchowski JFO:nm 1420 Hinesburg Road South Burlington,Vt. August 12,1976 Mr. Richard Ward South Burlington City Hall 1175 Williston Road South Burlington,Vermont Dear Mr. Ward, For the past two years there has existed at 1430 Hinesburg Road two conditions that in my opinion are clear violations of Article V section 5.00 sub section 5.001 and section 5.10 sub section 5.101 of the city's zoning ordinances. These consist of: 1. The Silver Crest Ambulance Service which maintains a vehicle in the yard. 2.A custodial care home which is registered with the Vermont State Health Department as number 137. It is my understanding that at the present time there are two patient- in residence and probably a third. These violations have been brought to the attention of three city officials,namely: l.zoning administrator -several times 2.city manager 3.city assesor and on July 8,1976 the Board of Civil Authority heard my appeal for a reduction of my real estate tax assesment. It is upon their advice that I am submitting this formal complaint to you. Sincerely, Donald F. Kerwin LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON. VERMONT 05401 ) August 1, 1975 Joseph S. Wool., Esquire Wool & 'Murdoch 131 Hain Street Burlington, Vt. 05401 Dear Joe: I trust that you spoke to your clients, the Hammonds, on Saturday. Would you drop me a line indicating what steps you and your clients have determined to take to alleviate the problem with the South Burlington zoning ordinance violations? Very truly yours, Joseph F. Obuchowski JFO:nm cc: Richard R. Ward Zoning Administrator iTC ��-4 :ice • a eu ,Da.�..c.P.1 3-,2.33 � ............ . May 28, 1975 Mr. ',,ernard Kamm and 1li-30 hinc!sburg 7oad 17 South Furlinpton, VT 0514-01 Dear Mr. Hammond: '14his office is investigating a complaint, the information we have received is that are operating a nu. -Sing home from your premises at 1430 Hinesburg -"oad. Be advised that your area is zoned Agric,U.Itural h�ural 1 DfLs'-rict and single family dwelliri�- along with faxm,n,7, and agriculture are the only allowable uses. 4 Boarding houses, n sin,- or convaAe-scent homes are not " permitted in this d Istrict. '-' If the inl"ormation received is a true fact. you are violating the provisions o' t1-.- City zZoning Regulatilo'ns, CD This office is interested in disuossing this matter and would appr'ciate bavinf. you contact me at F63-2F,91. Vely truly, Richard "'I'ard Zoning Administrative O.-Cf,"licer R','1/j State of Vermont Alcohol and Drug Abuse Division Division of Services for the Blind and Visually Handicapped Social Services Division Vocational Rehabilitation Division Disability Determination Unit 11r. Richard Ward Zoning Administrator, City Hall 1175 4^d1liston Rd. So. Burlington, Vt. 05401 Dear Mr. Ward: AGENCY OF HUMAN SERVICES DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES Joseph S. Handy Main Office: Commissioner 81 River Street Montpelier, Vermont 05602 80 St. Paul Street Burlington,, Vermont Telephone: 863-2331 October 5, 1976 On August 26, 1975, I called Mrs. Bernard (Rosalie) Hammond, 1430 Hinesburg Rd., South Burlington to see if she had a vacancy for an older person who needed board= room and some care. She had been registered as a Community Care Home. She told me that because of zoning regulations she would not be able to take any— one at that time. Since then I have not helped arrange a place— ment there at all. To the best of my knowledge 11rs. Hammond has not been oper— ating a Community Care Home. A cousin of her husband has been making his home with the Hammonds but since he is a relative we have not been involved in any way. According to present state regulations anyone with only a relative in the home does not need to be registered or licensed. Anyone with 3 or more unrelated persons to whom care is being given must be licensed before July ly 1977• If there are further questions I will be glad to speak with you and help if I can. JBD:rc c . &,14P /0/ Sincerely,, o Daniels y Resource Coordinator t i GIGURE 237 Kirby Road Lot in question fronts on Airport Parkway Area zoned R-4 District Section 11.00 Dimensional requirements (sub -section 11.001) minimum front yard 75 feet - proposed seback 30 feet minimum rear yard 30 feet proposed 15 feet at the northerly end of the dwelling proposed construct 27' x 40' single family dwellings HAMMOND 1430 Hinesburg Road Area zoned A- R District existing lot 120' x 446' AVERAGE or 53,520 square feet (1.2 acres) was set- off under 1964 regulations Section 11.00 Dimesnsional requirements - minimum side yard 75 feet Section 11.40 amends the minimum to 30 feet (to the most similar minimum lot -most similar lot is R 1) proposed the construction of 24' x 34' garage within 10 feet of the southerly side yard December 1F, 1973 Mr. Bernard Hammond P.C. Box 15F Burlington, VT 05401 Dear 'Jr. Tammond: The South �,J_)ninr Board of AdIustment approved your request for a zonin-,, variance-�&4 : I ; their meeting on Monday, December 17, 1973. A building permit will be issueld upon your request. Very truly, I F'i,�,,hard t,Iard ZoninF Administrative O:t'flicer Rlq/j Hearing Date /R -- 7 - 7 3 Advt. Date lo?- D ' 7e Advertise 6 days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third •���s of the month at ;4.38 p.m. at the South Burlington City Hall, Conference Room. �''•�•o+ 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 off -set -costs of holdi� sp_aid hearing. voole gnature and Address Date SOUTH BUR LINGTON ZONING NOTICE 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 , day of week at to consider the following: month and date time�— ?� Appeal of seeking a name variance from Section �' c? �"`*�yt.,ti of number title of se ion the South Burlington Zoning Ordinance. Request is for permission to -�`fi'2 '. <�„°.max d,.ti. cc, <. c d / e,?(� ,.;. c_ w tit , 4- x4-4�e- «s o ZONING BOARD OF ADJUSTMENT ASA TrT iel--r�>c-- 242 /43v December 11, 1973 Mr. Pernard 'Hwn-ond P.0, Box 158 FurlinFton, VT 05401 Dear Yr. Hannoff.: T!,is letter is to inform you that the South FurlIngton 7oninF Board of Adurtment will hold a V,ublic h-Taring at the City Hall,, Conference Rooml 1175"williston "'oad on londa�,-, December 17 1971 at 5.00 p.mto consider your roo'llf',st "or a zonIng va"riancIr Ple,-se plan to attend. verN,- truly ,***chard Ward Zoning, Administrative Officer RW/j SC]HUPPIN & GE.IER ATTORNEYS AT LAW 5' LINCOLN STREL'- P. O. Box 596 E.6sEX JuNCTIoN_ V?. CONTRACT TO BUILD A HOUSE THIS AGREEMENT, by and between Bernard and Rosalie Hammond, OWNERS, South Burlington, Vermont and Emery Victory, CONTRACTOR, South Burlington, Vermont, Witnesseth: Owners aree the title holders of certain property in the town of South Burlington, Vermont upon which they intend to have constructed a dwelling house. For the consideration hereinafter named, owners and contractor agree as follows: 1. Contractor agrees to construct for owners on said premises a house in accordance with plans, specifications and other instructional data to be provided by owners and to be incorporated into this agreement by reference. If required by owners, said plans and specifications may from time to time be altered and amended and in such event the —alterations or amendments shall be noted on this contract or on an attachment hereto and shall be initialed and dated by owners and contractor. These items when entered, dated and initialed shall become a part of this contract. Sufficient notice of charge shall_ be given by owners to contractor so that contractor may incorporate them into the construction of said house. Owners shall absorb the cost of any changes or alterations or redoing of any work satisfactorily completed by contractor. 2. The plans and specifications as set forth in Paragraph 1., above, shall provide for a Forty -Two Foot by Twenty -Six Foot (42' x 26') three bedroom ranch house. The following specifications shall be included: block foundation; poured cement floors; one fireplace in basement; one fireplace in living room; "basement shall be studded only, owners to complete; basement shall have seven IE s: windows and a sliding glass door, toilet and sink installed; first floor shall have a deck and sliding glass door; first floor fireplace wall shall be paneled :;with a quality material appropriate to the house to be constructed; electric heat; asphalt shingles; Insulite siding; dry wall construction; kitchen com- pleted in early American decor, quality of materials appropriate to type and f 'cost of house; three quarter inch (3/4") plywood deck; one-half inch CDX i interior plywood; carpet in all rooms on first floor except bath and I kitchen. Cost of carpet not to exceed Eight Hundred Dollars ($800.00) including i installation; standard framing, two by four (2 x 4), two by six (2 x 6), ! two by eight (2 x 8) and two by ten (2 x 10) purchased from a local lumber {� R dealer; tub area, ceramic tile; picture window in living room, double paned; garbage disposal and dishwasher installed; carport per plan. Ray Weston, Essex Center, Vermont shall be subcontractor chosen by owners for all excava- tion and earth work. 3. As a standard for construction of said dwelling house, contractors agrees that it shall be equivalent in materials, quality and workmanship of other like houses in the Chittenden County area. 4. Owners shall maintain appropriate fire and extended coverage insurance upon said house. Contractor shall maintain liability insurance and shall hold owners harmless from any claims resulting from negligence of con- tractor or his employees. 5. Contractor shall commence construction of said house without delay, and shall devote the full time and efforts of his workman in construct of said house until said house is completed. Contractor shall not be liable for any providential acts causing extensive delays, such as unusual weather, varying labor conditions, unavailability of building materials and subcon- tractors. 6. Contractor shall comply with all state and local laws, rules and regulations. Owners shall acquire all necessary permits. 7. Contractor shall be paid the sum of Twenty -Five Thousand Dollars ($25,000.00) for the construction of said house as herein provided and according to the plans and specifications to be provided. Payment shall be made to contractor through owners mortgage financing agency according to the schedule of payments as provided by said agency. Dated this day of November, 1973. l 'J Bernard ammond, Owner Rosalie Hammond, Owner Emery Victory, Contractor SCHUPPIN & GE:FR ATTORNLYS AT LAW r7 L.INCOLN _S�TRE.ET P. O. BOY 59£ ESSEX JUNCTION. VT. PIAIIA"a `f Rod A0 K/ cl 11 , 47-1z- -/ -111*;,./� 1/0 Dee ale '. 2 11-IC,--e,5 45. fscc� ev? c or "T/6 7,et; /1`formmtlor) 0. 415 b stea c Ind �t C / /X C. C19 lei ri�el Rccc,-�.-ls RA F IA,11 C �S IA L E X-1 RAT OF LAND OF BfRNARD AAMMONIT) 5&, VIT TN6" -157 H Z) A/ '50. BURLIN67TN4,, VT Da ika zz L0T oc) / ,,,- /V/F A<,!F /� we f• / 141jv4--6&V,Q<7 3,JR o r --f- C 10"d 11 1 A- ar 0/06 -O/; ,<. 'D Z- J�C,)Aal t7 c z z roo-A,-f 4} e- VIC 7-C> Iq Y 2 7, 215, 1-5 45IVa1^ILZ LM Oe I ^,ICr /,4 7- ASS /V C. 95 6 0 45 414 IL 11V6