HomeMy WebLinkAboutBATCH - Supplemental - 0095 Kirby RoadFITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000
4 March 1991
:fir. Joseph Weith, Planner
Citv of South Burlington
575 Dorset Street
South Burlington, Vermont 05403
RE: 95 Kirby Road, Carney Property
FILE: 91020
Dear Mr. Weith:
On behalf of our Client, Mr. Carney, we are herewith submitting
five (5) full-size prints and five (5) 1.1" x 17" photo -reduced
copies of Drawing D-3838, a Retracement Survey for the
above -referenced Project.
We understand this drawing (survey) will go before the Planning
Commission for Final Review.
As we discussed by telephone, we prefer not to submit these review
prints in a signed and sealed state, since we consider drawings to
be legal documents once signed and sealed. When signed and sealed,
even the slightest change or addition by the Commission during
Final Review will require the addition of a revision block with all
and any revisions spelled out. We believe this just adds
unnecessary expense and confusion to a project.
Our proposed method is for you (or the Commission) to keep a print
of the plan as it is approved or amended during the final hearing,
and then compare this with the signed and sealed mylar when it is
submitted for recording, making note of any changes, required or
otherwise.
Design 0 Inspection • Studies • Permitting • Surveying
Mr. Joseph Weith, Planner
FILE: 91020
4 March 1991
Page Two
.t seems to us you have the ultimate safe -guard should there ever
be a question between an approved plan and a mylar submitted for
recording... you simply reject the mylar.
The enclosed plan, by this assertion, is ready to be signed and
sealed, and FitzPatrick-Llewellyn's registered surveyor is prepared
to sign the certification contained on the plan.
Should there be any question on the foregoing please don't hesitate
to call us.
Sincerely,
FITZPATRICK-LL LLYN INCORPORATED
Douglas R. FitzPat ick, P.E.
cc Donald Carney
John Patch
DRF:amov
FITZPATRICK-LLEWELLYN INCORPORATED
Engineering and Planning Services
CITY OF SOUTH BURLINGTON
Subdivision Application - FINAL PLAT
1) Name of Applicant ,
2) Name of Subdivision
3) Indicate any change to name, address, or phone number of
owner of record, applicant, contact person, engineer,
surveyor, attorney or plat designer since preliminary plat
application
4) Indicate any changes to the subdivision, such as number of
lots or units, property lines, applicant's legal interest
in the property, or developmental timetable, since
preliminary plat application:
5) Submit five copies and one reduced copy (11 x 17) of a
final plat plus engineering drawings and containing all
information required under Section 202.1 of the subdivision
regulations for a minor subdivision and under Section
204.1(a) for a major subdivision.
6) Submit two draft copies of all legal documents required
under Section 202.1 (11) and (12) of the subdivision
regulations for a minor sudivision and under Section 204.1(b)
for a ma;or subdivision.
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(Signature) applicant or contact person Date
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City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
February 22, 1991
Mr. John Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2-lot subdivision, Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Also en-
closed are Bill Szymanski's and Chief Goddette's comments.
Please be sure someone is present on Tuesday, February 26, 1990
at 7:30 P.M. to represent your request.
erely,
'Joe Weith,
City Planner
Encls
JW1mcp
cc: Donald Carney
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
1) Name, address, and phone number of:
a. Owner of record OWA4,o W. CAQTJC (e
9s K/ R d v QD 16 ,
65-6Its'3
b. Applicant .�>AA
C. Contact _ t%CIfJN Gam. Y� i Ct{
got "i, h),K 5 31 1. 5o, e�l .l 3 7 z- 6603
2) Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
.:W D)s; r�,QlnrL L0i:5 o2r4- -3 ,t 36yecef e9 58 t�N�2Cl�c �Ta'l/
4A-0 RE(-O2!)5:) 9S' "BY RJAQ �.�. ; r, ��c.�rc bN�'� l G-T.S,, ,-'C
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3) Applicant's legal interest in the property (fee simple,
option, etc. rZ sf.�P<r
4) Names of owners of record of all contiguous properties
Cf4CO A l el)( AICY S0, ie(,,AG,/,. K TJ IJ
f iT4' vr-�a t R�/�-S'tb-v �' dJpFZSc' 7" �' .� �G,�,e <?vo✓
JdC< P 4- 4-YA),k) M, ,4-1tirM)CH gY 0A0, v�s.-4--i t/
5) Type of existing or proposed encumbrances on property such
as easements, covenants, leases, rights of way, etc.
1
6) Proposed extension, relocation, or modification of municipal
facilities such as sanitary sewer, water supply, streets,
storm drainage, etc. C✓--TCA ►'�lnrK uP r=Rou /VUR' I( slot OF
Cl� �2 �,r� I r'h?/� �r 00)!5
7) Describe any previous actions taken by the Zoning Board of
Adjustment or by the South Burlington Planning Commission
which affect the proposed subdivision, and include the dates
of such actions:
19 08uLl,, � / �2,;A/ / O /W7 FiQy✓ J & CC
8) Submit five copies and one reduced copy (8 1/2 x 11,
8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow-
ing information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belong-
ing to owner of record and (b) proposed subdivision.
3) Existing and proposed layout of property lines; type
and location of existing and proposed reA�ictions on
land, such as easements and covenants. 4)O
4) Type of location, and approximate size of ex}�t'ng and
proposed streets, utilities, and open space.�l� �JJ
5) Date, true north arrow and scale (numerical and
graphic).
6) Location map, showing relation of proposed subdivision
to adjacent property and surrounding area.
(Sign Oure) ap licant r contact person
Dates
2
Wrurt L[ uw
That We, John B. Sidebotham and Marilyn R. Sidebotham
of ._)oiai,h T3»rl 1 ngton
in the County of Chittenden
and State of Vermont Grantors in the consideration of
-------------Ten and More----------------------------------- Dollars
paid to our full satisfaction by
DONALD W. CARNEY and BARBARA L. CARNEY
of Vergennes
in the County of Addison
and State of
Vermont
Grantees, by
these presents, do
freely &ibe,
grant, welt,
Conbep
atib Conf irm
unto the said Grantee
DONALD W. CARNEY and BARBARA L. CARNEY, husband and Wife, as
tenants by the entirety, but not as tenants in common
and their heirs and assigns forever, a
certain piece of land in South burlington in the
County of
follows, viz:
Chittenden and State of Vermont, described as
A lot of land with all buildings thereon situated on
the southerly side of Kirby Road, the dwelling house being
known and designated as No.95 Kirby Road. Said lot has a
frontage of 150 feet, a westerly line of 190 feet and an east-
erly line which runs at an angle of 800 13' from the southerly
line of Kirby Road to the Southeasterly corner of Lot No.l as
shown on the Plan hereinafter referred to.
Said parcel comprises all of Lots No.l, 2, and 3 as
shown on a Plan of Lands of Arthur DeGraff, showing Section
A -A, dated April 10, 1951 and recorded in Vol.28, Page 36 of
the South Burlington Land Records.
Being all and the same lands and premises conveyed to
John B. Sidebotham by Warranty Deed of Jeffrey P. and Paula B.
Reeder dated December 30, 1977, and recorded in Vo1.139, Pages
C U't-r'LV of .raid 1^T:d records -
,' ( '
Marilyn H. Sidebotham joins in this Deed to convey any
marital interest she has in this property.
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PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
February 13, 1991
Mr. John E. Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2 Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed for your review, please find preliminary comments on the
above project from City Engineer Bill Szymanski, Fire Chief
Goddette and myself. Please submit any revised plans no later
than February 20th.
If you have any questions, please give me a call.
V truly,
or
e Weith,
City Planner
Encls
JW/mcp
To:
From:
M E M 0 R A N D U M
Project File
Joe Wei+-.h , City Planner
Re: Preliminary Comments - February 26, 1991 agenda
Date: February 8, 1991
BERARD OFFICE BUILDING, 77 ETHAN ALLEN DRIVE, SITE PLAN
Sheet. S1 indicates that this lot. has 180 feet of frontage
along Commerce Avenue, the correct frontage dimension is 120
feet.
Two (2) driveways are proposed and section 1.9.103(a) of the
zoning regulations states that "there shall be one driveway
per lot." unless specifically approved by the Planning Com-
mission.
Application states that there will be 9,438 square feet on
two (2) floors (4,719 square feet per floor) while plans
indi.c.:itr- that the 1-)uilding area i::; 4,641 square feet and
parking .requirements were based on 6,912 square feet. We
need to know what numbers are correct to determine parking
requirements.
Aisle widths serving double rows of parking must be 24 feet.,
plan shows 20 feet aisle at northerly end of property.
Section 1q.104d of the zoning regulations, requires that "all
outdoor lighting or parking from ... commercial uses shall
be screened from the view of the ground floor of adjacent.
residential buildings", it does not appear that the plan
conforms with this requirement.
Section 19.1041 04: the., regulations allows a maximum
of 30% of the front yard for driveway and parking, our
calculations indicate that this maximum percentage will be
exceeded by ?% at the northerly front yard, the southerly
front. yard meets the requirement.
All exterior lighting must be downcast luminare and not
extend beyond the property lines.
DONALD CARNEY_ 2 LOT SUBDIVISION SKETCH PLAN
Additional iriformation needed on sketch plan prior to meeting:
Name and address of the owner of record and applicant.
Name of owners of record of contiguous properties.
Type of, location, and approximate size of existing and
proposed streets, utilities, and open. space.
Date
Location map
To: Project Files
From: William J. Szymanski, City Engineer
Re: February 26 , 1991 agenda items
Date: February 8, 1991
ETHAN ALLEN DRIVE LOT 9, BERARD SUBDIVISION
1. Ethan Allen, Drive curb out shall include a depressed concrete.
curb.
2. The Commerce Avenue Drive should .include a culvert.
95 KIRE Pt2AL%. _2_Lj0T `UEDIVIcION
1. The proposed building should be sewered toward the back and
across the occupied lot instead of the front to Kirby Road. An
easement for that purpose shall be given to the new lot.
If the O'Brien development is built before the new lot is
built upon, the water service shall also come from the back.
�mttb Nurline3ton, lirrmont 11540340
rtz
(802) 658-; ^6C
TO: SO. BURLINGTON PLANNING COMMISSION
FROM: CHIEF GODDETTE
RE: MARCH 12,1991 AGENDA ITEMS
DATE: THURSDAY JANUARY 313,1991
1.
LOT #9 ETHAN ALLEN FARM DEVELOPMENT
OFFICE BUILDING
PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND
AT THIS TIME I DO NOT HAVE A PROBLEM WITH THE
SIZE OR LAY OUT OF THE BUILDING FOR EMERGENCY
PROTECTION,BUT I WOULD LIKE TO BRING TO YOUR
ATTENTIAN THAT THE WATER SYSTEM IS NOT
SUFFICIENT FOR THE DEVELOPMENT AT THIS TIME.
2. DONALD CARNEY PROPERTY 95 KIRBY ROAD
LOT SUBDIVISION
AT THIS TIME I AM PLEASED TO INFORM YOU THAT
WE DO NOT SEE A PROBLEM WITH THIS PROJECT.
-4-
No. 3 Appeal of Donald Carney
Appeal of Donald Carney, seeking a variance from Section 18.00 Dimensional
requirements. Request is for permission to subdivide an existing lot into two
lots with one lot containing approximately 10,200 square feet and seventy (70)
feet frontage and construct a 32' x 36' two story dwelling. Existing lot
contains 25,400 square feet with one hundred fifty (150) foot frontage, located
at 95 Kirby Road.
Mr. Ward informed the board that the area is zoned R-4 District. Section 18.00
Dimensional requirements - minimum lot size 9,500 square feet with minimum
frontage 80 feet. Existing lot 25,400 square feet with 150 feet frontage.
Proposed - subdivision into two lots: Lot #1 - 80' x 190' = 15,200 square feet
Lot #2 - 70' x 190' (average) = 10,222 square feet. Existing lot comprises of
three lots assembled into one - April 1951. Lot #2 will be developed with a
32' x 36' two story, single family unit.
Mr. Carney explained drawings on the board showing the 3 lots and then
addressed the 5. criteria as follows:
(1) That there are unique physical circumstance or conditions, including
irregularity, narrowness, or shallowness of lot size or shape. The physical
circumstance is that on my deed it's described showing 3 lots with 190' depth.
(2) That because of such physical circumstance, there is no way that the
property can be developed in strict conformity with the provisions of the
zoning regulations.
Mr. Ward said there is a right-of-way that's going to be a street some day.
The Planning Commission approved a street there. The issue becomes at the time
that we build the street. Certainly, this parcel is big enough to have 2 lots
on it but doesn't have the 160' of frontage.
Mr. Blais said the deed supercedes any definition of lots. Mr. Ward said the
parcel comprises of lot 1, 2, 3 as shown on land record April 10, 1951.
(3) That such unnecessary hardship has not been created by the appelant. I
have made no alterations to the property that created the circumstances.
(4) This will not alter the character of the neighborhood. The impact on the
neighborhood will be minimal.
(5) This represents the minimum variance. This will be a new house with a 10'
variance. It will be much more in character with the neighborhood. Very
minimal impact on the surrounding properties.
Mr. Joel Kynoch said in hearing what I heard from Mr. Carney, I would much
rather see a single family dwelling there rather than a triplex. I'm the
immediate neighbor.
The appeal was granted unanimously.
No. 4 Appeal of Clement Couillard was withdrawn as a new regulation was passed
excluding height of chimneys.
1)
M
3)
4)
5)
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
Name, address, and phone number of:
a. Owner of record ONALp Lv. 04 0-N Y'
_q5: K/ Rey Ro /io � 5a, &Ae4./N4 (,q A
b. Applicant `>AA,
C. Contact JWJA/ of. PAT Gt1
Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
:W 1-0 c 5 /�/�q' 3 ����, r 3 6y04z'-f" e ;z9/' S O t3uR (. �
GA^- R6<,02!)<9�7- &IRR4 R'UAe7 to -Ts, L)�
( ZA7 k 3 7.3� /k /4'U i-0,2, V ft)Pos -0Q 5/4-,4�-e
Applicant's legal interest in the property (fee simple,
option, etc. ,ee Sl," P4C
Names of owners of record of all contiguous properties
cZ 4' U a Re 01RS�' 7" ;a�? / ' At�ire-.S iyo✓
Type of existing or proposed encumbrances on property such
as/easements, covenants, leases, rights of way, etc.
1
6) Proposed extension, relocation, or modification of municipal
facilities such as sanitary sewer, water supply, streets,
storm drainage, etc. I-IOCK uP r(Zpu Aya—,ij <lot Or
kjkaU r2DA-")a 5�'criek /6)K UP P`-41)" ( 0') ��2 e) r k"e/_iY' k1rj1�
7) Describe any previous actions taken by the Zoning Board of
Adjustment or by the South Burlington Planning Commission
which affect the proposed subdivision, and include the dates
of such actions:
_�Ll� iN1 � p��y� � �l �i��l ! � l"UU i ' �ieyy TAG E' �/•q�2 ►^,mac �z
8) Submit five copies and one reduced copy (8 1/2 x 11,
8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow-
ing information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belong-
ing to owner of record and (b) proposed subdivision.
3) Existing and proposed layout of property lines; type
and location of existing and proposed re $,t ict' on
land, such as easements and covenants. /t),AAlI
4) Type of location, and approximate size of ex}'�tng and
proposed streets, utilities, and open space.�l
5) Date, true north arrow and scale (numerical and
graphic )�.
6) Location map, showing relation of proposed subdivision
to adjacent property and surrounding area.
(Sign ure) ap licant r contact person Date
i K*M M VURMNN1 . WMUTANAi MW TUTMLANX
V
�iL at We, JEFP. REEDER and PAULA B. REEDER,
husband
nd and wife,
I
of South Burlington in the County of Chittenden
and State of Vermont Grantors , in the consideration o/
---------------------------TEN AND MORE----------------------- Dollars
paid to our hull satisfaction by
JOHN B. SIDEBOTHAM, �J
of Philadelphia in a" Cbw►Ry at Philadolphte
and State of Pennsylvania Grantee , by these presents, do
freely Oibe, grant, &ell, Conbep anb Conf irm unto the said Grantee
JOHN B. S I DEBOTHAI I,
and h i s heirs and assigns forever, a
certain piece of land in South Burlington in the
i
County of Chittenden and State of Vermont, described as
follows, viz:
A lot of land, with all buildings thereon, situated on the southerly
side of Kirby Road, the dwelling, house thereon being known and
designated as No. 95 Kirby Road. Said lot has a frontage of 150
feet, a westerly line of 190 feet, and an easterly line which runs
at an angle 80 degrees 13 minutes from the southerly line of
Kirby Road to the southeasterly corner of Lot No. 1 as shown on
the plan hereinafter referred to.
Said parcel is all of Lots No. 1,2, and 3 as shown on a plan of lands
I of Arthur Degraff showing Section A -A, dated April 10, 1951 and
recorded in Volume 28, Page 36 of the Land Records of the City of
South Burlington.
Being all and the same land and premises conveyed to Jeffrey P. and
Paula B. Reeder, Grantors herein, by Warranty Deed of Kendall V.
Hannington and Patricia R. Hannington, dated December 27, 1974, of
record in Volume 118, Pages 394-5 of the Land Records of the City
of South Burlington.
Reference is hereby made to the above -mentioned instruments, the
records thereof, the references therein made, and their respective
records and references, all in further aid of this description.
i
i
The property Herein conveyed is conveyed "as is".
Further, said land and premises are all and the same land and pre-
mises conveyed to Jeffrey P. and Paula B. Reeder by Corrective
Quitclaim Deed of Kendall V. Hannington and Patricia R. Hanningtun
dated December 28, 1977 and recorded in Volume Iap , page Saba% of -
South Burlington Land Records.
1 Vol. 139
Page 265
To babe anb to boob said granted premises, with all the privileges and ap-
purtenances thereof, to the said Grantee
JOHN B. SIDEBOTHAM,
and his heirs and assigns, to their own use and behoof forever;
.Ind we the said Grantors
JEFFREY P. REEDER and PAULA B. REEDER,
for ourselves and our heirs,
executors and administrators, do covenant with the said Grantee
JOHN B. SIDEBOTHAM, his
heirs and assigns, that until the ensealing of these presents we are
the sole owner of the premises, and have good right and title to convey the
same in manner aforesaid, that they are _free from ebery encumbrance;
Vol. 139
Page 266
G
And we
hereby engage to Warrant anb Mef enb the same against all lawful claims
whatever,
.31n Witnegg Mbereof, We hereunto set our hands and seals
this 30 Itt% day of December ,d. D. 19 77
�Ittpre_genre of
96tate of Vermont, 00..4t
CHITTENDEN Countp 30 M.
Burlington this
day of December .4. D. 1977
JEFFREY P. REEDER and PAULA B. REEDER
personally appeared, and they acknowledged this instrument, by
them sealed and subscribed, to b their e t and deed,
Before me
N tary Publ
(Title)
vo�tn6nt /rpVrrty Trr,nUrr t�■
JL V.',,A. Ch.,u, 2i1
W,N P;,. d � 1c �s d ... d .r r : hn (in. krc'o.
�1. L, j Ups. . L -.M +s ,.., ,sn. i,#c d.
Roturn Iglu.- a6gY y q
Sigood , alnrk
Dato 1
Received for Record December 30. 1977 at 2:05 o-m_
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CARNEY, Donald
95 Kirby Road
Area zoned R-4 District.
Section 18.00 Dimensional requirements - minimum lot size 9,500
square feet with minimum frontage 80 feet.
Existing lot 25,400 square feet with 150 feet frontage.
Proposed - subdivision into two lots:
Lot #1 - 80' x 190' = 15,200 square feet
Lot #2 - 70' x 190' (average) 10,222 square feet
Existing lot comprises of three lots assembled into one - April
1951.
Lot #2 will be developed with a 32' x 36' two story, single-
family unit.
FORM 901 VI: MONT . WARRANTY DEED
0 TUTSLANX w(aii T[N[D U L I.* or
TUTIL[ LAW MWT.IU& r&H1Nf "UTi D vi 0
Q5bat We, John B. Sidebotham and Marilyn R. Sidebotham
of 'Ioifl.h Burl l rigt on
in the County of Chittenden
and State of Vermont Grantor s , in the consideration
-------------Ten and More----------------------------------- Dolla.
paid to our Itch satisfaction by
DONALD W. CARNEY and BARBARA L. CARNEY
of Vergennes
in the County of Addison
and State of Vermont Grantees, by these presents, do
freely gibe, grant, heir, Conbep anb CAM irm unto the said Grante
DONALD W. CARNEY and BARBARA L. CARNEY, Husband and Wife, as
tenants by the entirety, but not as tenants in common
certain piece of land in
County of
follows, viz:
Chittenden
and their
South burlington
heirs and assigns forever,
in tf
and State of Vermont, described c
A lot of land with all buildings thereon situated on
the southerly side of Kirby Road, the dwelling house being
known and designated as No.95 Kirby Road. Said lot has a
frontage of 150 feet, a westerly line of 190 feet and an east-
frly line j,ilich runs at an angle of 800 13' from the southerly
line of Kirby Road to the Southeasterly corner of Lot No.l as
shown on the Plan hereinafter referred to.
Said parcel comprises all of Lots No.l, 2, and 3 as
shown on a Plan of Lands of Arthur DeGraff, showing Section
A -A, dated April 10, 1951 and recorded in Vol.28, Page 36 of
the South Burlington Land Records.
Being all and the same lands and premises conveyed to
John B. Sidebotham by Warranty Deed of Jeffrey P. and Paula B.
Reeder dated December 30, 1977, and recorded in Vol.139, Pages
264-266 of said land records.
Marilyn R. Sidebotham joins in this Deed to convey any
marital interest she has in this property.
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
January 2, 1991
Mr. Donald Carney
95 Kirby Road
South Burlington, Vermont 05403
Re: Zoning appeal, 95 Kirby Road
Dear Mr. Carney:
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, January 14, 1991 at 7:00 P.M. to
consider your zoning application.
Please plan to attend this meeting.
Very truly,
Richard Ward,
Zoning Administrative Officer
1 Encl
RW/mcp
�vZONING NOTICE ,
In z nce with the
Sout. lington Zoning
Regula ions and Chapter
117, Title 24, V.S.A., the
South Burlington Zoning
Board of Adjustment will
hold a public hearing at
the South Burlington Mu-
nicipal Offices, Confer-
ence Room, 575 Dorset
Street, South Burlington,
Vermont on MondaJan-
uary 14, 1991 at 7:60 pm.
to consider the following:
#r1 Appeal of Alan Palmer
seeking approval from
Section 13.20 Conditional
uses, sub section 13.205
Automotive repair and
Section 19.65 Multiple use
of the South Burlington
Regulations. Request is
for permission to occupy
an existing 50'x150'
structure with an auto-
motive repair shop (ap-
proximately 2500 square
feet) and a general con-
tractor (approximately
5000 square feet) on a lot
containing 2.09 acres and
120 feet frontage, located
at 20 Palmer Heights.
#f2 Appeal of Donald Car-
ney seeking a variance
from Section 18.00 Di-
mensional requirements
of the South Burlington
Regulations. Request is
for permission to subdi-
vide an existing lot into
two lots with one lot con-
taining approximately
10,200 square feet and
seventy (70) feet frontage
and construct a 32'x36'
two story dwelling, exist-
ing lot contains 25,400
square feet with one hun-
dred fifty (150) foot front-
age, located at 95 Kirby
Road.
N3 Appeal of Clement
Couillard seeking a vari-
ance from Section 18.112
Height of structure sub
section (d) construction of
a chimney, of the South
Burlington Regulations.
Request is for permission
to construct a single-fami-
ly dwelling at a height of
thirty-seven (37) feet on
the southerly side which
includes a chimney, on a
parcel of land containing
8.8 acres with 130 feet
frontage, Iocated at 600
Spear Street.
#t4 Appeal of Albert St.
Amand seeking approval
from an administrative de-
cision that would allow a
truck rental business as
an accessory use in con-
junction with a mini self
storage business, d.b.a.
Easy Self Storage, lo-
cated at 46 Swift Street.
#5 Appeal of Lee Zac-
hary seeking approval
from Section 19.65 Mul-
aple uses of the South
3urlington Regulations.
3equest is for permission
o convert an existing
tructure containing ap-
:iroximately 5800 square
eet into a banquet facility
n conjunction with an
existing restaurant on a
of 1.8 acres, located at
234 Williston Road.
Richard Ward,
Zoning Administrative
Officer
!ecember 29, 1990
City of South Burlington APPLICATION #
Application tc--Board of Adjustment —
HEA. G DATE
Da t . /a, � `�J
FILING DATE Z ��
Applicant DoAIAL,() W, CAPJJL- ' nUJ/!/CP 2aGx,
Owner, leasee , agent FEE AMOUNT
Address (45- KIRe4' ROA,) Telephone # 65
Landowner I)OA)Atij ).t/, CARiJc� Address
Location and description of property 9S_ K)REY ICU io Sou h f�L,,r2Cly4 i iN
Type of application check one ( ) appeal from decision of Administrative
Officer( )request for a conditional use ( x ) request for a variance.
I understand the presentation procedures required by State Law (Section
4468 of the Planning & Development Act). Also that hearings are held twice a
month (second and fourth Mondays). That a legal advertisement must appeal
a minimum of fifteen (15) days prior to the hearinc. I agree to pay a
hearing fee which is to off -set the cost of the hearing.
Provisions of zoning ordinance in question Ltl ,n^,&D F Nj'�GF
/111:CDED -rb ORTAi" AL41L_9).A/G 0E1ZM IT
Reason for appeal Sestinxr la Roo- FMN-fA��
The owner or applicant should submit along with this application (8 copies)
plans, elevations, landscaping diagrams (drawn to scale) traffic data and
any other additional information which will serve as support evidence to the
Board. -
Hearing Date Signature of Ap ellant:
Do not write below this line
-----------------------------------------------------------------------------
SOUTH BURLINGTON ZONING NOTICE
In accordance with the South Burlington Zoning Regulations and Chapter ll7,
Title 24, V.S.A. the South Burlington Zoning Board of Adjustment will hold
a public hearing at the South Burlington Municipal offices, Conference Room,
575 Dorset Street, South Burlington, Vermont on
Day of Week
at to consider the following:
Month and Date /i Time
Appeal of
seeking a from Section -.4
of the South Burlington Regulations. Request is for permission to
Gam- c�.....�.�-� �...-�..�,c�.�' a.,. 3 Z 'l � 3 G ' �• a ��i, y �c%�..f�-.�-,,
/"Ve /44/ /0-
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
May 13, 1991
Mr. John E. Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2-Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of the Findings of Fact and Decision
on the above referenced project. Please note the conditions of
approval which must be met prior to obtaining the zoning permit.
Please call if you have any questions.
i cerely,
Joe Weith,
City Planner
1 Encl
JW/mcp
cc: Donald Carney
. 9 y
1)
2)
3)
4)
5)
CITY OF SOUTH BURLINGTON
Subdivision Application - SKETCH PLAN
Name, address, and phone number of:
a. Owner of record ODMic u/• GAQW y
9�' K/ RC3V �2D Sa, & p( v A%
b. Applicant 5,9AI
c . Contact DN/V Z". A-( (-6
xR t, R) x '> 31 , 5,;� j4z'<2U r'i 3 7 z- 6603
Purpose, location, and nature of subdivision or development,
including number of lots, units, or parcels and proposed
use(s).
7"z2_Bc •O)s� �Zr��r� L��s t'//,�., d�4-��o�,r �G: �/ou:���' �&', se �4�rac�lrol/
GA^-� RCCOQQ5: �/S"B4e RQAQ [o?s. U�
>Ay0 Q 70k
Applicant's legal interest in the property (fee simple,
option, etc. 11-e
Names of owners of record of all contiguous properties
04,V L,-o &,09BRIcN 10e, f% Ao)l ,?,l fY Sa &Al-jt�K To ^t%
r � T4' � � ..Sa. �,e���.-� `taw r' �� �.`_' d.?a► R.Sc' � .��' ��'• � � �..� �-- s � v�-�`
E< P r- LYu,V M• J<W)V .!✓1. e?q /-,,l,eeL,, )2a/io, 5a,
T--
Type of existing or proposed encumbrances on property such
as easements, covenants, leases, rights of way, etc.
l 212IVr ( ZO)Vl,v4 /VA$ 46S'F ,u(o /e) r-oe -,
Qk-"�f2t=a ,
1
6) Proposed extension, relocation, or modification of municipal
facilities such as sanitary sewer, water supply, streets,
storm drainage, etc. G/^" m aang JA rkac4 A)uQ, q <for Dr
7) Describe any previous actions taken by the Zoning Board of
Adjustment or by the South Burlington Planning Commission
which affect the proposed subdivision, and include the dates
of such actions:
iM A JOPROb/A L / /J ! � hXJ r 1�ie���i TAG �� C/�oR ►,,,.c c.�
8) Submit five copies and one reduced copy (8 1/2 x 11,
8 1/2 x 14 or 11 x 17) of a Sketch plan showing the follow-
ing information:
1) Name of owners of record of contiguous properties.
2) Boundaries and area of: (a) all contiguous land belong-
ing to owner of record and (b) proposed subdivision.
3) Existing and proposed layout of property lines; type
and location of existing and proposed restrictions on
land, such as easements and covenants. Aia
AJ
4) Type of location, and approximate size of ex$tang and
proposed streets, utilities, and open space./(
5) Date, true north arrow and scale (numerical and
graphic).
6) Location map, showing relation of proposed subdivision
to adjacent property and surrounding area.
'4_1� az�
(Sign ure) ap licant r contact person
//;2- ��&_ -
Da e
2
FORM 901 VERMONT . WARRANTY DEED :-"-IA-. ac n��io - a .. o.•
r UTILELAW ►OWr ►U �a ,t •.f •t AV L...Or
Tbat We, John B. Sidebotham and Marilyn R. Sidebotham
of :;()u th i)u r 1 1 rigtun
in the County of Chi ttenden
and State of Vermont Grantor s , in the consideration o/
-------------Ten and More----------------------------------- Dollars
paid to our fu11 satisfaction by
DONALD W. CARNEY and BARBARA L. CARNEY
of Vergennes in the County of Addison
and State of Vermont Grantees, by these presents, do
freely gibe, grant, §§etl, Conbep anb Conf irin unto the said Grantee
DONA.LD W. CARNFY and BARBARA L. CARNEY, Husband and Wife, as
tenants by the entirety, but not as tenants in common
certain piece of land in
County of Chittenden
follows, viz:
and their heirs and assifns forever, a
South burlington in the
and State of Vermont, described as
A lot of land with all buildings thereon situated on
the southerly side of Kirby Road, the dwelling house being
known and designated as No.95 Kirby Road. Said lot has a
frontage of 150 feet, a westerly line of 190 feet and an east-
erly line which runs at an angle of 800 13' from the southerly
line of Kirby Road to the Southeasterly corner of Lot No.l as
shown on the Plan hereinafter referred to.
Said parcel comprises all of Lots No.l, 2, and 3 as
shown on a Plan of Lards of Arthur DeOraff, shoving Section
A -A, dated April 10, 1951 and recorded in Vol.28, Page 36 of
the South Burlington Land Records.
Being all and the same lands and premises conveyed to
John B. Sidebotham by Warranty Deed of Jeffrey P. and Paula B.
Reeder dated December 30, 1977, and recorded in Vo1.139, Pages
264-266 of said land records.
"J
Marilyn R. Sidebotham joins in this Deed to convey any
marital interest she has in this property.
115-7
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PLAN __
-;J, 3G 1 to
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER
658-7955
May 6, 1991
Mr. John E. Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2 Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of the April 2, 1991 Planning Com-
mission meeting minutes. Please note the conditions of approval
which must be met prior to obtaining the zoning permit. Please
call if you have any questions.
S' cerely
A-
e Weith,
ity Planner
1 Encl
JW/mcp
cc: Donald Carney
PLANNING COMMISSION 2 APRIL 1991
The South Burlington Planning Commission held a meeting on Tuesday
2 April 1991, at 7:30 pm, in the Conference Room, City Hall, 575
Dorset Street.
Members Present :
Mary -Barbara Maher, Acting Chairperson; Terry Sheahan, David
Austin, Ann Pugh, William Craig
Also Present:
Joe Weith, City Planner; Sid Poger, The Other Paper; Greg
Dicovitsky, John Kennedy, John Patch, Eric Fritzeen, Lee Zachary,
Dave Potts, Pete Obrien, Jim Carroll
1. Other Business:
a. Mr. Weith reminded members of the joint meeting with the
Council on 30 April to discuss Southeast Quadrant zoning.
b. The City Council set the first Public Hearing for the Compre-
hensive Plan for 6 May. They will begin their discussions on 15
April.
c. Ralph Goodrich wants to schedule a site visit. Members agreed
on 6:30 pm, next Tuesday.
2. Minutes of 26 February 1991:
Ms. Pugh ;Moved to approve the Minutes of 26 February as written.
Mr. Sheahan seconded. Motion passed 4-0 with Mr. Craig
abstaining.
3. Public Hearing: Final Plat application of Donald Carney for
sub -division of 25,375 sq. ft. of land into two parcels of 10,191
sq. ft. and 15,184 sq. ft., 95 Kirby Road:
Mr. Patch located the property as about the 12th one down toward
the Airport from Patchen Rd. Mr. Carney has owned it since 1983.
The property was described on the deed as 3 lots. The Carneys
have moved to Vergennes and want to sell to realize the most money
possible but need to subdivide to do this. They liked the neigh-
borhood and want to see it remain the same with single family
homes. They got a variance from Zoning because one lot would be
ten feet short on frontage. The old garage has been taken down.
Mr. Weith noted the City Engineer has asked for a ten foot
easement in front for water and sewer. There are no other
concerns.
PLANNING COMMISSION
2 April 1991
page 2
Mr —Austin -moved- ' the-Planninq-Commission-approve-Lhe-Final-PlaL
�olication-of—Doald-Carney_for _subdivision _of _25, 325-so.-ft, _of
land -into _two_oarcels-of l0�l l so ift and 15 184 ft--as
dtoicted-on-a-plan-entitled-"_Property-of-Donald-W�._Carnev,
Desionate-as µ95-Kirby -Road,south-BurIinoton4µVermont"-preZZ-pared
b}_:- it z'2atric k=Llewellyn, -Inc,. _and _dated _ 2,191, __with _the _ followi�
s t i o u l a t i o n s� .�`...�._....._.__ _`..`...�.`_'
1__The_olat-shall -be -revised _ rioL,, o_recordinq -to -show -the _fo1-
a__the_2araoe_removed
bs_l0-foot-wide-sewer_easement-across_the-frontaoe-of_ r osed
lot_2_forservice__to__lot_1*µand
c. _removal _of -!potential easement _forµwater-and-sewer" -shown
across-Lhe_rear_ofµoro oo~ sed-lot_2-
2,_A_sewer_allocation_of_450-qpd_is_oranted-for_lot_1-__The_ap=
licantµshallµ 'the_$2_5Q_e�_r-nallon-sewer-fee_orior-to_issuance
ofµa_zoainoµoermiti
L_ The_aEolicant-shall-pay-a_$2QQ-peer-unit_recreation_fee_for_lot
#lµori2r_toµissuance_of_a_zoninoµoermit_forµlot—##1..
4,_The_installations_of_the_waterµline_will_beµoerformed_bv
ackingµor-wash ing..andµtheµoavement -on µKirby-Road_shall-not_be
aisburbed.
5__Theµolat_shall_be_recorded_within_90_daVsµofµthis_aoor�ooal_is
null -and -void. —The -plat- shall_ba sta�ed_b µa_licensed_land
ssrye�or and_sioned_byrµthe_Plannin _Commission-Chairmmanµorior_to
recording_ `
Mr- -Sheahan _seconded_the-mot ion -which -then _passed_unanimously-
4. Discussion with South Burlington Realty regarding the proposal
to use an existing 4800 sq. ft. building for high turnover retail
use (3552 sq. ft. beverage center and 1248 sq. ft. video store),
364 Dorset Street:
Mr. Weith said that he and Mr. Dicovitsky interpreted differently
what the Commission said last week, whether this was a change/
expansion of a use which required a formal Site Plan review or
whether there would be only a discussion of issues. The City
Attorney said it can be called an expansion of a use because they
are going from low to high traffic generation.
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
April 4, 1991
Mr. John Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2-Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of the February 26, 1991 Planning
Commission meeting minutes. Should you have any questions please
give me a call.
cer
oe Weith,
City Planner
1 Encl
JW/mcp
cc: Donald Carney
FITZPATRICK•LLEWELLYN INCORPORATED
Engineering and Plannint )rvices
One Wentworth DrivC
WILLISTON, VERMONT 05495
(802) 878-3000
TO u V 1 In c jt VLLtfO_A_
LIEUT }Q (OF
DATE
JOB NO. I V Z O
ATTENTION
RE:
WE ARE SENDING YOU )( Attached ❑ Under separate cover viasAf!i. the following items:
❑ Shop drawings( Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order ❑
CO'JPII-ES DATE j NO. Q DESCRIPTION
75 U
THESE ARE TRANSMITTED as checked below:
❑ For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
xAs requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE 19
REMARKS
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
PRODUCT240-2 Ee$ Inc., crown, Ma olan_ If enclosures are not as noted, kindly notify us at once.
4/2/91
JW
MOTION OF APPROVAL
I move the South Burlington Planning Commission approve the Final
Plat application of Donald Carney for subdivision of 25,375
square feet of land into two parcels of 10,191 square feet and
15,184 square feet as depicted on a plan entitled "Property of
Donald W. Carney, Designated as 95 Kirby Road, South Burlington,
Vermont" prepared by Fitzpatrick --Llewellyn, Inc., and dated 2/91
with the following stipulations:
1. The plat shall be revised prior to recording to show the
following:
a) the garage removed,
b) 10 foot wide sewer easement across the frontage of
proposed lot 2 for service to lot 1, and
c) removal of "Potential easement for water and sewer"
shown across the rear of proposed lot 2.
2. A sewer allocation of 450 gpd is granted for lot 1. The
applicant shall pay the $2.50 per gall -on sewer fee prior to
issuance of a zoning permit.
3. The applicant shall pay a $200 per unit recreation fee for
lot #1 prior to issuance of a zoning permit for lot #1.
The plat shall be recorded within 90 days or this approval is
null and void. The plat shall be stamped by a licensed land
surveyor and signed by the Planning Commission Chairman prior to
recording.
ot-e
March 19, 11?91
/
Mr, John E. Patch
wi.`s}ow Putch Propert\es
RR #l, Box 53i
Sovth Hero, Yt 05486
Dpar, Joh``;
l am w\\l�ng tu g,ant a ten (�0') foni sewer ea�ement
as shown "n your �ch.
� lot
MY un��"rst�nding is that
this is [or the benefit o
pi. of the Donald Ca' -Ile/ po�erty.
We ,,ill expect to be reimbursed fort.`= anypactua),out of
pocket expsoses mhich we m\ght incur in .�.^_--
Sincereiy vuors
Dmn/el J, O'Brip"
D]O:cc
O'Brien Brothers y AoencIncorporated pnxh5*_sool
- mnS4O72\n4 80l'65o'50xm
f
PLANNING COMMISSION
26 February 1991
page 3
Mr. Weith noted that the City Council feels that since Dorset St.
is close to becoming a reality, there may be parcels of land
included or not included in the city center conmpt that the Com-
mission may wish to reconsider. After a brief discussion, the
Commission felt it did not have any changes to propose to the
Council. Mrs. Maher stressed that it is not up to the Judge pro-
posal to get Corporate Way going; it is up to Munson.
Ms. Pugh asked the possibility of making building E 2 stories and
eliminating building D. Mr. Wagner said he wasn't sure building E
could support 2 stories and also they didn't want a second floor
retail.
In summation, the Commission was more receptive to the new plan.
There is still concern with building D. A majority would settle
for something less than the 50 ft. setback but not as much as
proposed. The 8.5% parking waiver is not a problem. Members
wanted the parking spaces on the left side of building C restored.
The Commission would like a 2-way access to the Greer property.
The Commission liked builidng F as is.
4. Sketch Plan application of Donald Carney for subdivision of a
25,400 sq. ft. parcel into 2 parcels of 10,200 sq. ft. and 15,200
sq. ft., 95 Kirby Rd.:
Mr. Patch said the property is on the south side of Kirby Rd. The
applicant bought the property in 1983. He got a variance for 10
ft. less frontage on lot #1. They have also agreed to abolish the
line between lots 2 and 3: They will need a variance for location
of a garage 4.5 ft. from the property line.
Given the approval of the variance, the Commission had no problems
with the application.
Mr. Austin left the meeting at this point.
5. Request of General Mills Restaurant, Inc., to eliminate stipu-
lation #9 of the Planning Commission's 1/8/91 approval for con-
struction of a 6014 sq. ft. building for quality restaurant use,
1025 Shelburne Rd.:
Mr. Burgess noted that stipulation #9 was on the number of parking
spaces. The applicant would like to put in more than approved.
Mr. McIlvane reviewed the history of the project and apologized
for the confusion. The Commission approved 99 spaces, but Mr.
McIlvane noted that Red Lobster's standards are 125 spaces.
M E M O R A N D U M
To: South Burlington Planning Commission
From: Joe Weith, City Planner
Re: April 2, 1991 agenda items
Date: March 29, 1991
1) OTHER BUSINESS
Enclosed is a draft City Center Traffic Study Report. This
report analyses the impact of City Center in year 2000. It also
assesses the impact of various interchange improvements.
T-Model was used in this analysis. I am currently reviewing the
computer disks. Staff and South Burlington Realty has provided
preliminary comments to RSG and they are finalizing the report.
After the Commission passes an SEQ ordinance to the Council, I
would like to begin a detailed review of this traffic study and
City Center zoning in general. Let's talk about this at the end
of Tuesday's meeting if there is time.
3) DONALD CARNEY - TWO (2) LOT SUBDIVISION - FINAL PLAT
This project consist of the subdivision of a 25,375 square foot
lot at 95 Kirby Road into two (2) lots. The westerly lot (lot
#2) which is presently developed with a single-family dwelling is
15,184 square feet in area. The easterly lot (lot #1) is
Presently undeveloped and is 10,191 square feet in area. Lot #1
has only 70 feet of frontage (80 feet is minimum requirement)
and a variance was granted by the Zoning Board on January 14,
1991. The sketch plan for this subdivision was reviewed on
February 26, 1991 (minutes enclosed).
This property is within the R4 zone and is located on the south
side of Kirby Road an is bounded on the east and west by single-
family homes, on the north by Kirby Road and on the south by
undeveloped land owned by the City of South Burlington known as
the DeGraff property. This property is relatively level and open
except for a row of cedar trees along the easterly boundary of
lot #1. Lot #2 is proposed to be developed with a single-family
dwelling.
Memorandum - Planning
April 2, 1991 agenda items
March 29, 1991
Page 2
Setbacks: Lot #2 had an existing garage which did not meet the
side yard requirement at the time of sketch plan review. It has
since been razed but it is still shown on the plan. All setback
requirements are being met. Plat shall be revised prior to
recording to show the garage removed.
Access: The new lot will have direct access onto Kirby Road.
Water/Sewer: Water service will connect to water main on north
side of Kirby Road. Sewer line will be connected to sewer main
located to the west via a 10 foot sewer easement across the front
of lot #2. This should be shown on the Final Plat. The sewer
allocation required is 450 gpd. The $2.50 per gallon fee would
have to be paid prior to obtaining a zoning permit.
Recreation: A $200/unit recreation fee shall be paid prior to
permit for construction on lot #1.
4) BEVERAGE CENTER, 364 DORSET STREET
Several complications have developed in the last 18 hours since
we decided to schedule this issue for next Tuesday. These com-
plications are summarized below:
1) Greg Dicovitsky interpreted the purpose of next Tuesday's
meeting to be an informal meeting for the Planning Commission to
provide suggestions on parking and circulation. He feels that
the proposed use does not constitute a change and therefore he is
coming in only as a courtesy.
I interpreted last night's discussion as a determination by the
Planning Commission that the beverage center constitutes a new
use (i.e., high turnover retail vs low turnover retail) and
therefore formal site plan approval is required.
2) City Attorney Steve Stitzel's preliminary opinion is that
this building sits on the same parcel as the South Burlington
Realty/Munson Earth Moving businesses. Therefore, a site plan
should show all buildings and uses including required parking,
circulation, etc. South Burlington Realty does not agree with
this opinion and therefore is unwilling to submit a site plan
showing all buildings on one parcel.
Tuesday's meeting has been warned as a discussion to clarify
these issues. See enclosed letter from South Burlington Realty.
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
March 29, 1991
John E. Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2-Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed is the agenda for next Tuesday's Planning Commission
meeting and my comments to the Planning Commission. Also en-
closed are Bill Szymanski's and Chief Goddette's comments.
Please be sure someone is present on Tuesday, April 2, 1991 at
7:30 P.M. to represent your request.
cerely,
tU�L
oe Weith,
City Planner
Encls
JW/mcp
cc: Donald Carney
APPROX/MA(
OCATION OF
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CITY OF
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LEGEND
PERIMETER PROPERTY LINE
OTHER PROPERTY LINE
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EXISTING 54NITARY SEWER W/ MANHOLE
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EXISTING OVERHEAD WIRE
EXISTING FENCE LINE
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AS CALCULATED BY FITZPATRICK-LLEWELLYN
123.45'
INC. FOR THIS SURVEY
02345') (12'34'56")
PER DEED OR SURVEY CALL
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VOLUME/PAGE
is
CALCULATED INTERSECTION
LOT /
ORIGINAL LOT NUMBER PER PLAN
(SEE NOTE 0
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EXISTING WATER LINE
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LEGEND
NOTES
1. REFERENCE IS MADE TO A PLAN PREPARED BY FRANCIS LAFAYETTE,
SURVEYOR, ENTITLED "PLAN OF LOTS, PROPERTY OF ARTHUR DEGRFAFF,
PATCHEN ROAD, SOUTH BURLINGTON, VERMONT; SECTION A -A" DATED
APRIL 10, 1950 AS RECORDED IN VOLUME 28 ON PAGE 36 OF THE CITY
OF SOUTH BURLINGTON LAND RECORDS.
2. REFERENCE IS MADE TO A QUIT CLAIM DEED OF BARBARA L. CARNEY TO
DONALD W. CARNEY AS RECORDED IN VOLUME 255 BEGINNING ON PAGE
303 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS.
35' 3. REFERENCE IS MADE TO A PLAN PREPARED BY WEBSTER-MARTIN
INCORPORATED, RODNEY D. CHARRON, L.S., ENTITLED "DEGRAFF TO
CITY OF SOUTH BURLINGTON, VT.", PROJECT NUMBER 068-6B13, DATED
FOUND 11 MAY 1976, AS RECORDED IN VOLUME 105 ON PAGE 55 OF THE CITY
IRON PIN OF SOUTH BURLINGTON LAND RECORDS.
4. REFERENCE IS MADE TO A PLAN PREPARED BY WARREN A. ROBENSTIEN,
L.S., ENTITLED "PLAT OF SURVEY SHOWING PROPOSED SUBDIVISION,
GREGORY AND CAROL LOTHROP PROPERTY, KIRBY ROAD, SOUTH
BURLINGTON, VERMONT" DATED MAY 1986 AS RECORDED IN VOLUME 200
!_ ON PAGE 37 OF THE CITY OF SOUTH BURLINGTON LAND RECORDS.
N/F
LOTHRO P
200137
TIE LINE TO
CONCRETE MONUMENT
I HEREBY CERTIFY THAT WE HAVE EXAMINED THE LAND RECORDS AS INDEXED
IN THE GENERAL INDEX IN THE CITY CLERK'S OFFICE OF THE CITY OF
SOUTH BURLINGTON, VERMONT, PERTAINING TO THE LAND AND PREMISES
DESIGNATED AS #95 KIRBY ROAD, AS REFERENCED IN NOTES 1 AND 2.
BASED UPON OUR INTERPRETATION THEREOF, IT IS MY OPINION THAT THE
INFORMATION SHOWN HEREON CONCERNING THE SAID LAND AND PREMISES IS
CONSISTENT WITH INFORMATION ABSTRACTED FROM SAID LAND RECORDS
COVERING THE PERIOD BETWEEN AUGUST 31, 1951 AND FEBRUARY 6, 1991
AND MARKERS FOUND ON THE SITE AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE AND BELIEF
Gary H. Coe, L.S.
5. THE PERIMETER PROPERTY LINES SHOWN ON THIS PLAN HAVE BEEN
CALCULATED FROM INFORMATION OBTAINED BY FIELD SURVEYS CONDUCTED
BY THIS OFFICE IN FEBRUARY 1991, AND THE INFORMATION AS GIVEN
IN AND MADE REFERENCE TO IN NOTES 1 AND 2 SHOWN ABOVE.
6. THE PURPOSE OF THIS RETRACEMENT SURVEY IS TO DEMARCATE THE
THREE (3) SEPARATE LOTS OWNED BY DONALD W. CARNEY, DESIGNATED
AS 95 KIRBY ROAD, AND TO CREATE A BASIS FOR THE ERADICATION OF
THE LOT LINE BETWEEN EXISTING LOT #2 AND LOT #3, IN ORDER TO
FORM A SINGLE LOT FROM THOSE TWO LOTS, TO BE KNOWN AS LOT #2
WITH AN AREA OF 0.35 ACRES. LOT #1 WILL REMAIN UNCHANGED BY
THESE ACTIONS. THE OWNER/AGENT HAS ASKED THAT A 25-FOOT WIDE
UTILITY EASEMENT BE SHOWN ACROSS LOT #2, SO THAT THE OWNER OF
LOT #1 HAS THE OPTION TO PLACE WATER AND/OR SEWER SERVICES)
ACROSS LOT #2, IN THE FUTURE, AT A LOCATION TO BE AGREED UPON
BY THE OWNERS OF LOTS #1 AND #2. THIS EASEMENT IS NOT A PART
OF THIS RETRACEMENT SURVEY.
._.I �� r
L:�.
MAR 0 4 1991
City of So. BurlingtFn
SCALE : I' - 20'
t0 N) O t0 b 4D SD `00 �p
PROPERTY OF DONALD W. CARNEY
DESIGNATED AS 95 KIRBY ROAD '
SOUTH Rums" _ _ S®NRD/T
RETRACEMENT SURVEY
FOR LOT LINE DISSOLUTION
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INCORPORATED
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ENGINEERING AND ILANNING SERVICES
ANN. I NII
D•3838
WILLISTON VERMONT
~III
/ n /
Memorandum - Planning
February 26, 1991 agenda items
February 22, 1991
Page 3
Access/circulation: The main access to the project will be via a
two-way curb cut on Dorset Street and a two-way curb cut on
Corporate Way. Access will also be available via two (2) access
drives from the Greer property. The westerly drive is proposed
to be egress only to the Greer property and the easterly drive is
proposed to be for ingress and egress with the Greer property.
The applicant will have to obtain legal access to the Greer
property for the above purposes prior to Final Plat.
My initial recommendation would be to have a 2-way access betwen
Greer and 100 Dorset Street across the frontage. However, this
may cause conflicts in the 100 Dorset Street parking lot.
Landscaping_ Sketch plan submitted shows landscaping but no de-
tails were submitted. This information would be necessary for
preliminary plat.
Other: 1. The preliminary plat application should include a
survey of the parcel (stamped by licensed land surveyor) and
calculations of square footage in the C1 zone.
2. The plan should show the sewer easement on Corporate Way.
3. A land use agreement shall be recorded to merge these two
lots into one.
4. A sidewalk should be provided on Corporate Way, at least 10'
in width. Careful thought should go into designing the street-
scape along Corporate Way.
5. Buildings on Corporate Way should have windows and entrance
on Corporate Way.
6. Traffic analysis required.
7. 24 foot r.o.w. from Corporate Way to Ramada property is not
shown as it was approved on the subdivision plat when this lot
was created. I would assume that any change would require ap-
proval from the Ramada Inn.
4) DONALD CARNEY - 2 LOT SUBDIVISION - SKETCH PLAN
This project consists of the subdivision of a 25,550 square foot,
more or less, lot at 95 Kirby Road into two (2) lots. The west-
erly lot (lot #1) which is presently developed with a single-
3
Memorandum - Planning
February 26, 1991 agenda items
February 22, 1991
Page 4
family home would be approximately 15,200 square feet in area
with 80 feet of frontage. The easterly lot (lot #2) would con-
tain approximately 10,200 square feet and would have only 70 feet
of frontage.
This property is in the R4 zone which requires 9,500 square feet
and 80 feet of frontage. The Zoning Board granted a variance
from the frontage requirement for lot #2 (minutes enclosed).
This property is located on the south side of Kirby Road and is
bounded on the east and west by single-family homes, on the north
by Kirby Road and on the south by undeveloped land owned by the
City of South Burlington known as the DeGraff property.
This property is relatively level and open except for a row of
cedar trees along the easterly boundary and some trees at the
rear of the property. Lot #2 is proposed to be developed with a
single-family home.
Access: The new lot will have direct access onto Kirby Road.
Water/Sewer: Municipal water and sewer lines are available. The
City Engineer has suggested that the new lot be connected to the
sewer line via an easement across lot #2. This easement must be
shown on the Final Plat. The sewer allocation required is 450
gpd.
The City Engineer has also recommended that if the adjacent
O'Brien development is built before the new lot is developed that
water service come across lot #2. This easement should also be
shown on the Final Plat.
5) RED LOBSTER, ADDITIONAL PARKING, REVISED SITE PLAN
The applicant is requesting that the Planning Commission approve
29 parking spaces in addition to the 93 spaces approved at the
January 8, 1991 meeting (minutes enclosed) for a total of 122
spaces. These are the 122 spaces shown on the original plan
(enclosed). The applicant has submitted a list of Red Lobster
restaurants in other areas of the northeast indicating the number
of seats, the number of parking spaces provided and the resulting
ratio's (see enclosed). This study shows the seating to parking
ratios approved in other parts of the country but does not neces-
sarily show that they need the number of spaces which they have
4
-4-
No. 3 Appeal of Donald Carney
Appeal of Donald Carney, seeking a variance from Section 18.00 Dimensional
requirements. Request is for permission to subdivide an existing lot into two
lots with one lot containing approximately 10,200 square feet and seventy (70)
feet frontage and construct a 32' x 36' two story dwelling. Existing lot
contains 25,400 square feet with one hundred fifty (150) foot frontage, located
at 95 Kirby Road.
Mr. Ward informed the board that the area is zoned R-4 District. Section 18.00
Dimensional requirements - minimum lot size 9,500 square feet with minimum
frontage 80 feet. Existing lot 25,400 square feet with 150 feet frontage.
Proposed - subdivision into two lots: Lot #1 - 80' x 190' = 15,200 square feet
Lot #2 - 70' x 190' (average) = 10,222 square feet. Existing lot comprises of
three lots assembled into one - April 1951. Lot #2 will be developed with a
32' x 36' two story, single family unit.
Mr. Carney explained drawings on the board showing the 3 lots and then
addressed the 5. criteria as follows:
(1) That there are unique physical circumstance or conditions, including
irregularity, narrowness, or shallowness of lot size or shape. The physical
circumstance is that on my deed it's described showing 3 lots with 190' depth.
(2) That because of such physical circumstance, there is no way that the
property can be developed in strict conformity with the provisions of the
zoning regulations.
Mr. Ward said there is a right-of-way that's going to be a street some day.
The Planning Commission approved a street there. The issue becomes at the time
that we build the street. Certainly, this parcel is big enough to have 2 lots
on it but doesn't have the 160' of frontage.
Mr. Blais said the deed supersedes any definition of lots. Mr. Ward said the
parcel comprises of lot 1, 2, 3 as shown on land record April 10, 1951.
(3) That such unnecessary hardship has not been created by the appelant. I
have made no alterations to the property that created the circumstances.
(4) This will not alter the character of the neighborhood. The impact on the
neighborhood will be minimal.
(5) This represents the minimum variance. This will be a new house with a 10'
variance. It will be much more in character with the neighborhood. Very
minimal impact on the surrounding properties.
Mr. Joel Kynoch said in hearing what I heard from Mr. Carney, I would much
rather see a single family dwelling there rathe'r than a triplex. I'm the
immediate neighbor.
The appeal was granted unanimously.
No. 4 Appeal of Clement Couillard was withdrawn as a new regulation was passed
excluding height of chimneys.
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
March 19, 1991
John E. Patch
RR1, Box 531
South Hero, Vermont 05486
Re: 2 Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of some preliminary comments on the
above referenced project from Fire Chief Goddette. If you have
any questions, please give me a call.
ncerely,
W"
�—
e Weith,
ity Planner
1 Encl
JW/mcp
cc'c Donald W. Carney
�uutlj 7S urltngton -fire B rpartment J
f 575 +l3nriet —*treet
i�uutlt Surlingtim. 11ermnnt 115403
(802) 658-7960
TO: SO. BURLINGTON PLANNING COMMISSION
FROM: CHIEF GODDETTE
RE: TUESDAY APRIL 2,1991 AGENDA ITEMS
DATE: MONDAY MARCH 183,1991
1. DONALD W. CARNEY PROPERTY 95 KIRBY ROAD
PLANS HAVE BEEN REVIEWED ON THE CHANGE OF THE
PROPERTY FROM THREE LOTS DOWN TO TWO. I AM PLEASED
TO INFORM YOU THAT I DO NOT SEE A PROBLEM FOR OUR
DEPARTMENT ON THIS PROJECT.
2. ZACHARY'S PIZZA HOUSE 1234 WILLISTON ROAD
PLANS HAVE BEEN REVIEWED AND AT THIS TIME THE ONLY
PROBLEM I SEE IS THE 6-PARKING SPACES ON THE SOUTH
WEST END OF THE BUILDING SHOULD BE RELOCATED OR
PUT CLOSER TO THE BUILDING TO ALLOW PROPER ACCESS
FOR OUR LADDER TRUCK IF IT IS NEEDED.
3. HOUSE OF FABRIC, 1717 WILLISTON ROAD
PLANS HAVE BEEN REVIEWED AND IT IS RECOMMENDED THAT
THE 27 FOOT AND 24 FOOT PARKING AISLES IN THE FRONT
OF THE BUILDING BE REVERSED SO THAT THE 27 FOOT AISLE
IS ALONG THE FRONT OF THE BUILDING.
1 '
1
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT 05403
FAX 658-4748
PLANNER ZONING ADMINISTRATOR
658-7955 658-7958
March 15,1991
John E. Patch
RR 1, Box 531
South Hero, Vermont 05486
Re: 2 Lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
Enclosed, please find a copy of some preliminary comments on the
above referenced project from City Engineer Bill Szymanski. If
you have any questions, please give me a call. a
f ncerely,
t i r-
oe Weith,
City Planner
1 Encl
JW/mcp
cc: Donald W. Carney
MEMORANDUM
To: Project Files
From: William J. Szymanski, City Engineer
Re: April 2, 1991 agenda items
Date: March 15, 1991
CARNEY EMMA KIRBY RDAD
1. Existing sewer mains are not as shown on the plan. This plan
should be corrected before it is received.
/
2. I have met with a representative of the owner a Mr. John
Patch and have agreed to allow lot No. 1 to be sewered across the
frontage of lot No. 3 instead of the rear of the lot as original-
ly recommended. The water service shall be toward the front and
across Kirby Road.x This shall be done by jacking or washing it
across Kirby Road instead of opening the newly paved road.
PROPDSED HDUSE OF FABRIC |FORMER ROBERT HALL BUILDING}, WILLISTDN
ROOD
Site plan titled Proposed House of Fabric dated December 1990 is
acceptable.
ZACHARY.S PAW, WILLISTON ROOD
1. There exists a sewer manhole just east of the existing house
that will be removed. This manhole should be shown on the plans
and adjusted to any elevation change.
2. There should be a drainage inlet on the expanded parking
area. This inlet should be piped to the inlet along White Street
or the one along Williston Road.
2. It has been the goal of the City to inter connect as many
commercial establishments along Williston Road as possible. The
owner should anticipate this for the property to the east when it
is changed to a commercial use.
PUBLIC HEARING
SOUTH BURLINGTON PLANNING COMMISSION
The South Burlington Planning Commission will hold a public
hearing at the South Burlington City Hall, Conference Room, 575
Dorset Street, South Burlington, Vermont on Tuesday, April 2,
1991 at 7:30 P.M. to consider the following:
Final plat application of Donald Carney for subdivision of 25,375
square feet of land into two parcels of 10,191 square feet and
15,184 square feet. The parcel is bounded by Kynoch, the City of
South Burlington, Morin, and Kirby Road.
Copies of the application are available for public inspection at
the South Burlington City Hall.
William Burgess
Chairman,
South Burlington Planning Commission
March 16, 1991
PLANNER
658-7955
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
March 12, 1991
Donald W. Carney
95 Kirby Road
South Burlington, Vermont 05403
Re: 2 lot Subdivision, 95 Kirby Road
Dear Mr. Carney:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of my preliminary comments on the
above referenced project. If you have any questions, please give
me a call.
cerel ,
oe Weith,
City Planner
1 Encl
JW/mcp
City of South Burlington
575 DORSET STREET
SOUTH BURLINGTON, VERMONT05403
FAX 658-4748
PLANNER
658-7955
March 12, 1991
John E. Patch
RR 1, Box 531
South Hero, Vermont 05486
Re: 2 lot Subdivision, 95 Kirby Road
Dear Mr. Patch:
ZONING ADMINISTRATOR
658-7958
Enclosed, please find a copy of my preliminary comments on the
above referenced project. If you have any questions, please give
me a call.
S.i-merely,
ore Weith,
City Planner
1 Encl
JW/mcp
DONALD CARNEY - TWO 2L LOT SUBDIVISION- FINAL PLAT
Existing garage on lot 3 does not meet side setback from new
property line. Before the Planning Commission can approve
the plat, either a variance would have to be obtained from
the Zoning Board, or the garage torn down or relocated so
that it meets all setbacks.
An easement will have to be obtained prior to recording the
plat from O'Brien Brothers Agency to the applicant.
April 30, 1979
Mr. John Sidebotham
95 Kirby Road
South Burlington, VT 05401
Dear Mr. Sidebotham:
Be advised that the South Burlington Zoning Board of Adjustment
has granted you permission to keep bees and homing pidgeons. It
is understood that no chickens will be kept, and that additional
bee hives require approval by this offi,-�.
If you have any questions please don't hesitate to call me.
very truly,
Richare Mlard,
Zoning Administrative Officer
RW/mcg
S mEBOTHAM
95 Kirby Road
Area zoned R-4 District
Section 6.10 Conditional uses
sub section 6.106 provides for keeping farm animals
Request to keep (a) 1 bee hive (b) 50 homing pidgeons (c)
10 hens and 20 broilers
Building involved 20' x 21' shed located to rear of dwelling
ATTORNEYS AT LAW
34 PATCHEN ROAD
SOUTH BURLINGTON. VERMONT 05401
802 658-2255
PAUL R. GRAVES
DAVIS A. NICHOLSON
April 13, 1979
Mr. John B. Sidebotham
95 Kirby Road
South Burlington, Vermont 05101
Dear Mr. Sidebotham,
After speaking with you and my clients today, I felt it would
be best to put our understanding in writing, so there is no
misunderstanding at the Zoning Board hearing on April 23, 1979.
You will be seeking the conditional use permit only insofar
as it would apply to the hive of bees and the homing pigeons
and my clients have no objection to that. No permit for hens,
broilers or other animals will be sought. Please let me know
if this is not your understanding.
Sincerely ours,
David A. Nich lson
DAN/lp
cc: Richard Ward, Zoning Administrator
Robert and Claire Beauchemin
A7
� j 0 `j d M �t/� /00 �'e.) A) S
3 i
------UIR
-
um/
k/Q Z_ s
April 9, 1979
Mr. John Sidebotham
95 Kirby Road
South Burlington, Vermont 05401
Dear Mr. Sidebotham:
Be advised that the South Burlington Zoning Board of Adjustment
will hold a public hearing at the City Hall, Conference Room,
1175 Williston Road on Monday, April 23, 1979 at 5:00 P.M, to
consider your request for a zoning variance.
Please plan to attend this hearing.
Very truly,
Richard I`ard,
,oning AdrA7- l strative Officer
RW/mcc;
-t
NOTICE OF APPEAL
SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT
f
I hereby appeal to the Zoning Board of Adjustment for the following:
conditional use, variance, decision of administrative officer.
Property Owner Toll f/ !3 S V. yam__
Property location & description L%r"
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 and the hearing.
Hearing Date nature Ao Appellant
` woo
- -- ----- �� ---------- c� — -------------------------------------------
SOUTH BU RL INGTON ' ZON ING 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
(day of week) (Mh ontand date)
following:
(time)
to consider the
e, Appea 1 of
' from Section,t eee-
seeking -a, •
of the South Burlington
Zoning Regulations. Request is for permission to a'4'4-" �+
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