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BATCH - Supplemental - 0265 Kirby Road
City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 9, 1991 Mr. Garland Withers 13 Poplar Street Burlington, Vermont 05401 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 6, 1991 Planning Commission meeting minutes. Please note the conditions of approval which must be met and that the final plat must be submitted within 12 months of the approval date. If you have any questions, please give me a call. S' erely, "it Weh, City Planner 1 Encl JW/mcp cc: Mark Ward PUBLIC HEARING S 0 SURINO TON OUTCOMMISSION PUBLIC HEARING SOUTH BURLINGTON I PLANNING COMMISSION South - Buriington Thplartnlrtp emission will th- missi n will, The SouComon hold a D�k heariN at hold nagpublic hearing at Coo aku'd Next cokuw the South Burlington City _I �i�n -� Hall, Conference Room, 575 Dorset Street, South Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, August 27, 1991 Burlington Vermont on July 30; 1991 at at 7:30 P.M. to consider Tuesday, M the I. 7:30 P. . to consider the following: following: Request by John and Joyce Belter to extend the i) Revised Final Plat eP- of John Larkin approval of a subdivision into 36 plcation and Gerald Mibt to revise of 14.68 acres single-family lots located the Parking layout and circulation of a planned adjacent to and north of Country Club Estates Commercial develpment i consisting of 150 multi- the development off r Farm Road. Theproperty rfamily residential units, a 60 room hotel, 20,000 is bounded by the Wi- nooski River, J . Belter, D. square foot movio ,heater re foot square feet of Myette, A. Hong, J. Morin. and Iretail use on a 33 acre Shet- S.G. Heath, J. pparcel located on borne Road. The parcel is Marshall, S. Dangler, S. M rshall S. Incavo and R. Gagnon. bounded by Mernhew, c/o Pomerleau Real Estate, Pizzagaili Constriction, Copies of the request are,, available for public in Thomas Farrell, State of spection at the South Bur- Vennont and Shelburne lington City Hall. Road. � 2) Preliminary Plat appli- He William Burgess Chairman, cation of Garland and Ian W i t h e r s for South Burlington Planning Commission subidvision of approxi- mately 41,700 square feet -lots of July 27, 1991 of land into 15,700 square feet and 27,000 square feet, 265 property ty i Kirby Road. The Flynn. B. is bounded by Wall, S. Wall, J. Kirk, Du- mont, A. Zeno and Kirby Road. Copies of the application are blic inspection ble for at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission i July 13, 1991 PLANNING COMMISSION 6 AUGUST 1991 The South Burlington Planning Commission held a meeting on Tuesday, 6 August 1991, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, William Craig, Catherine Peacock, Ann Pugh, David Austin Also Present: Joe Weith, City Planner; Garland & Helen Withers, James Kirk, Mark Sperry, Chris Davis, Pat Reed, Scott Pennington, Christing Wall, Norman Terreri, Pat & Pam Moody, Ginette & Larry Brainard, Gerry Milot, Ralph & Maurice Goodrich, Peter Jacob, Michael Sheridan, Karin Pedersen, Lance Llewellyn, John Larkin, Greg Rabideau, Gordon Woods, Mr. Handy 1. Other Business: a. Ms. Peacock noted that the new light on Williston Rd. creates problems getting through at 5 pm. It doesn't seem to be triggered by exiting cars. Mr. Weith will check on this. 2. Minutes of 9 April and 23 July: Mrs. Maher moved the Minutes of 9 April be approved as written. Ms. Peacock seconded. Motion passed unanimously. In the minutes of 23 July, the following changes were noted: Ms. Peacock was not present; Ms. Pugh abstained on the first motion, and on p. 3, item 4, the motion was seconded and passed unan- imously. Mrs. Maher moved to approve the Minutes of 23 July as amended. Mr. Austin seconded. Motion passed unanimously. 3. Continue Public Hearing: Preliminary Plat application of Gar- land and Helen Withers for subdivision of approximately 42,700 sq. ft. of land into 2 lots of 15,700 sq. ft. and 27,000 sq. ft., Kirby Road: Mr. Burgess noted there was a question of whether the Planning Commission would require a fence or landscape screening along the property line. Mr. Weith recommends either one. Mrs. Maher recommended that a 5 ft. strip from the front to the rear of the property line be left in tact. She noted there are some very old, very mature hardwood trees in that strip that are very beautiful. Ms. Peacock said it would be nice if the strip were left but she didn't think it necessary. Mr. Burgess agreed. Mr. Weithers said he thought it was common sense to leave it. PLANNING COMMISSION 6 August 1990 page 2 Mr. Kirk, a neighbor, said he basically supported what Mrs. Maher said. He said if he had his way, he would like the trees to stay as a noise buffer. Mr. Austin moved the Planning Commission approve the Preliminary Plat application of Garland & Helen Withers for subdivision of approximately 42,700 sq: ft. of land into two lots of 15,700 sq. ft. and 27,000 sq. ft. as depicted on a plat entitled "Final Plat, Site Plan and Two Lot Subdivision for Garland & Helen Withers," prepared by Vermont Land Surveyors and dated 6/1/91, last revised 6/22/91, with the following stipulations: 1. The applicant shall pay the required per unit recreation fee for lot 2 prior to issuance of a zoning permit for lot 2. There is an existing house on lot 1; therefore, a recreation fee is not required for lot 1. 2. A sewer allocation of 450 gpd is granted for lot 2. The applicant shall pay the required per gallon sewer fee prior to issuance of a zoning permit for lot 2. There is an existing house on lot 1; therefore, a sewer allocation fee is not required for, lot 1. 3. The plan shall be revised prior to final plat submission to indicate whether the existing shed on lot 1 will be removed or moved at least 10 feet from the proposed subdivision line. 4. The final plat application shall be submitted within 12 months or this approval is null and void. Ms. Peacock seconded. Motion passed 3-2 with Mr. Craig ab- staining and Mrs. Maher and Ms. Pugh voting against. 4. Continue Public Hearing: Preliminary Plat application of Green Acres, Inc, for subdivision of 263 acres off Hinesburg Rd. in South Burlington into eleven lots of 10.1, 10.1, 10.1, 10.1, 10.5, 10.8, 12.1, 12.4, 12.5 and 145.8 acres, Green Acres property: Mr. Jacob outlined the issues: a. View Protection: he said they have solved this with a fomula. Ms. Pedersen explained the formula and Mr. Weith said he is sat- isfied with the angle. Ms. Pedersen noted the buildings would be set into the ground so as not to get into the view area. Mr Weith recommended this apply to all lots. Mr. Jacob said in some areas this might be a non -issue as the land slopes away. He would like to check on this. Mr. Burgess felt the angle should be checked and confirmed. PLANNER 658-7955 City of Souk Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 23, 1991 Mr. Garland Withers 13 Poplar Street Burlington, Vermont 05401 Re: 2 Lot Subdivision, 265 Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the July 30, 1991 Planning Commission meeting minutes. If you have any questions, please give me a call. ncerely, l l oe Weith, ity Planner 1 Encl JW/mcp cc: Mark Ward City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 29, 1991 Mr. Garland Withers 13 Poplar Street Burlington, Vermont 05401 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. Please note that you must submit the revised final plat within 12 months or this approval is null and void. If you have any questions, please give me a call. i cerely,"J � (t oe Weith, City Planner 1 Encl JW/mcp cc: Mark Ward 8/6/91 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the Preliminary Plat application of Garland and Helen Withers for subdivision of approximately 42,700 square feet of land into two lots of 15,700 square feet and 27,000 square feet as depicted on a plat entitled "Final Plat., Site Plan and Two Lot Subdivision for Garland and Helen Withers", prepared by Vermont Land Survey- ors and dated 6/1/91, last revised 6/22/91, with the following stipulations: 1. The applicant shall pay the required per unit recreation fee for lot 2 prior to issuance of a zoning permit for lot 2. There is an existing house on lot 1, therefore, a recreation fee is not required for lot 1. 2. A sewer allocation of 450 gpd is granted for lot 2. The applicant shall pay the required per gallon sewer fee prior to issuance of a zoning permit for lot 2. There is an existing house on lot 1, therefore, a sewer allocation fee is not required for lot 1. 3. Prio� _o occ_Ip- cy of ructu n lot,,-2' the applicant shall �f�st•� 1 a ! ' �� - -�ck e f nceXal ng Pr ; cr y 1 e o lot 1 sand in u1 ' tq�dt:q aced s reel t.hc pr poked dr ve or to �' from ,_ . ninin r. widen ice? ; X. The plan shall be revised prior to final plat submission to indicate whether the existing shed on lot 1 will be removed or moved at least 10 feet from the proposed subdivision line. c1% The final plat application shall be submitted within 12 months or this approval is null and void. ,X#W1AW7ZW.wrERNA77aM A/fWFWr �"ft /4.82 R/A4- 32,:52' Iw. WYE . Jmr - s- ASSUkI`-DAZWY �»._ —W %P _-W-- — PoTABLE IIN/t•A4- 7927' S 64 3546" A'/AF_ 32L4' -_ ENO EXISTING /NY.= SEWER SERy 'WyeY/C _ SL.. a"t -s ems/ 9 s — RaW - - _S� -S -s— — EX/57)M; W — PoTABLE NgTER _ 1►''� W /siWG 1"PvC -� l S 65 2505E I� -Wily' � .A' 261 Z LOU/SEFLYNN u t A'X /64, P6c 27S 0?I� �I �-I EXIST/NG--- SHED I 3.PaB I LOT2 / P/CARD CIRCLE , 9�0 // LOT3 / P/CARD CIRCLE 1 I �V 9R14NAND CHR/ST/NE WALL Ya. 287 Ila /Pf I10 "ZIEL AND 044 WALL PM. Z87, PIG: /3/ I - / LOT 4 P/CARD CIRCLE I.R.F. �.(4MES KIRK }� KX260,/a372 I �I I #,?65I p EXIST/NOI x * HOUSE I y � I I I LOT1 slao I AREA = 0.36,4C. �TO EDSCR.O. W — I K - - I PROPOSED -- 40'R0..W C A' M * /32.69_ _ III I N 65 22WO "W \ 4. s;LP' LOT2 AREA = 0.62 AC. 4- S652505"E� 132� 17AXLE 5 2505"E OMMO A 0285 ZZ UONGROW PROPOSED p `ll ALFRED AND PAT HOUSE ZEIVO ;a p� Va. S4 /, i 26/ 0 .IPLP' EXIST/NG SHED 7 N 1 i I I i I ,- sills• PROPOSED HOUSE —A PROPOSED SUED/Y/SICW LINE sz[r to i LRF. arrc+rsa 9LIv'aw7zw 2✓ OV SEM40rA= R-4 CLASS FRONT AND REAR 30' S/DE YARD /O' MaW FRCWTAGE BO •MIN. MIN. L OT AREA 9500 SO. ED6iEPAlEAEA'T &WOE L6047EC4MSra- ------------ ArAowar Ava°ERTY LAZE ShV41ZVR GW' ACi70 01ER47ANY S7E,1/ s/4- TYPE "K ca-1-ff 7zem �j a�araat' 4"Cag aWl7aVS7a" EX7EW SEROLT 7t7 Ai"M'LNIELL/IG s/4-cawsm- EXLS7HG P'PYC � + AW7E/MN/V 6"MZECrf7LL A*"W Ct q%W 7&MW s/4-Lae.m.' ; 77P/C4L DETAIL ,W4T2FR SERKCE CaNNECT/aV � I I33.52' .sear is seas' 102.33' _ ! aw N633548"W /6R.7/' �--N642302"W P9a0ERT1v ac1011016wT (SEE SURVEYS B65/AND BBB19YPAL MER CO. LTD. / LEGEND IRON ROD FOUND • /AF IRON PIPE TO BE SET o A-s IRONP/PE FOUND • -` CONCRETE MONUMENT FOUND • cw / CERTIFY THIS PLAN/S B4SED /RONAXLEFOOM0 • UPCWA CLOSED CCWIRa INAVERSE PROPERTY L /NE - - - TOTAL STAT/CW SL/RVEY, DEED EDGE RIGHT OF WAY - - PLANS AS NOTED A90YE, EAMA' RE L/NE FIELD EVIDENCE, AND /NFa rlc Y MANHOL E B SEWER LINE s- s 6/YEN9Y GARLAND AAD HELEN POWER POLE B LINE WITHERS. .CHA/NL/NKFENCE c c c GROUND SHOT X -Va.x MARK V WAAD �,�,pF VER,yO MARK y� V. WARD NO. 4DB O a/KT�A� O� �ND SUR�� I/ N NA-d I C-w OF1 PN y'. S/TELOCUS GENERAL NOTES L REFER TO VCE. 294 P6 295--36 FCW PEEL) C4LL TO WMHERS PRO"ERTY. 8 R6QS//32% X20 R010S/330X 2. REFER TO kM. B, P6 385 F6W CH4/N OF 777LE TO THE PR08fRTYMENT/LWEO /NNOTE OAF ABOVE. 3 REFERENCE THEFOL L OWING PLANS.• • A. 4 LOT SLLBD/Y/S/GW fO9 THEMARYFRANCO PRGWERTY TO 9E CCWVEYED TO A. C.M AAD ASSOCIATES PREPARED Sr PALAIER CaWANYL TO, S•EPT. 30 /988, AS PRCUECT BB-BL •d SANITARYSEMERLOCA77aVCOWTESYCFALANS LOC47FOAT7HEPL/9L/CW04KSOEPT SO.9L44L/Narm VERML3VT. • C. L OC4776W al POTABLE W47ZW LINE COLb4TESY 01 CH4WLA/N NATERD/STR/CTPLANS. 4. PRFICRTY SMVWN CW THE FACE a' MISMAR IS L 0"MO //V PCR--42 W/N6CLASS/F/CAT/QNASST/P!/L.4MO9YTHE CITY or SO. MRL/A1676W Q TOTAL AREA a' W/7HE9S PAACEL = 0, 98 ACM-S. 6 INRESPCWSE 70 W LI M SYMANSX1S CANTS CW THE LWA/NAL+"E CMCORNS a� THIS 5/7-F OaF TO TNEFLArAL'SS a- THE S/TEAAD THENATURE a- THE 56M S, /BEING SAACY ANO WELL LK411160.)/T /S PROPOSED TO USE S4WACELWA/NA6E TO CARRYANYFLOW a1 STa4MWATER TH4044W.4 GENTLE SAW F 70 THEREAR a'" 7WRM91RTY 70 &1 berFRA011AED 9Y 7HE9UL0/NO CCW7R4C7CW. /TLS THE 77>VZWr a' THE U$&IRS/CAEO 70 SPREAD STaPA/WWER OVER THE C 74MD AAD LETNAMUL PERCMAMOV TAKEPLACE IiM4N TO GATHER THE WATER AAD PIPE/T TO CWEL OC4MA7N THERE WILL 9--NO AFFECT ONTO THEPRR-ER77EST0 r1yE64SY SOUTI( AND WEST. 7. LOC4776W ANO EL EVA776W O EX/STING SEWER SERY7CES SHALL 9EFIELO VERIFIED 9EnWE CONS7RI/CrIaV CFANY AEW RMOINGS B. GARLAND B y�N V52 EEX AhC7KW YT. 05452Ij�. r? e�- JUN 2 7 1991 City of So. Burlington FINAL pur S/TEPLANA4V 7W LOT S64WV/S/aV GARLAND AND HELEN WITHERS PRORERTYLOCATEO AT NO. 265, K/RBYROAD 50117HAURL06TaV VERAIaVT VERMONT LAND SURVEYORS PALMER COMPANY, LTD. 4050 WILLISTON RD. SO. BURLINGTON, VERMONT 05403 SCALE: / 3O ' 0 /5 30 60 90 /20 /50 DATE: 06 - 0/ - 9/ SURVEYED: T. LEMIEUX, A. LAMBERT a? JOB 8 DRAWN: T. LEM/EUX, A. LAAVERT✓R. 9/32 CHECKED: ,V V, WgRD M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: August 6, 1991 agenda items Date: August 2, 1991 3) WITHERS, 2-LOT SUBDIVISION, KIRBY ROAD This item was continued to Tuesday's meeting to allow the Commis- sion to visit the site. Pay particular attention to the western property line which divides the Wither's property from the Picard Circle residences. I would like to clarify my recommendation for the installation of a row of pine trees or a stockade fence. This recommendation was made to address a potential nuisance impact. Typically, in residential subdivisions, back yards abut back yards. This situation is unique in that a lot is being created which has no frontage on a public street. ,Therefore, the back yards of the Picard Circle residences will not be abutting a back yard of another lot, but will be abutting a long driveway. While the traffic created by this driveway will be practically nonexistent, the entering and exiting of cars will create some noise and pollution (exhaust) which is typically not experienced in a back: yard. The installation of pine trees or a stockade fence would help buffer this type of activity from the adjoining back yards. 4) CONTINUE GREEN ACRES SUBDIVISION, HINESBURG ROAD Enclosed is a letter dat ,' '-Iv 15, 1991 from me to Ralph Good- rich summarizing the outstanding issues. Provided below is a stunmary of the status of these issues and staff's recommenda- tions. View Protection/Building Height: Staff met with the applicant's consultant and established new view lines with a transit. It is agreed that buildings and landscaping be restricted to a maximum height derived by the following formula: Maximum height elevation above sea level = X(0.0058) + 393.5 where x = the horizontal distance from the eastern edge of pavement of Rt. 116 The plans should be revised to indicate this height limitation and delete the prior references to height limitation. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 2, 1991 Mr. Garland Withers 13 Poplar Street Burlington, Vermont. 05401 Re: 2 Lot. Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, August 6, 1991 at 7:30 P.M. to represent your request. Sin erely, Weith, ity Planner Encls JW/mcp cc : Mark Ward G � TY GE�i�/L �S � � c- � sc.aP� ��.Si�.✓ — Te 01/1 5�� 4,x- 0 '440to c�t Co�r�/ lTc C R- �«-� Qom•- J�J'C GJ City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 26, 1991 Mr. Garland Withers 13 Poplar Street Burlington, Vermont 05401 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: 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 comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette. Please be sure someone is present on Tuesday, July 30, 1991 at 7:30 P.M. to represent your request. S ' n ere��l''y , C�' , C- oe Weith, City Planner Encls JW/mcp cc: Mark Ward M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: July 30, 1991 agenda items Date: July 26, 1991 2) WITHERS 2 LOT SUBDIVISION. 265 KIRBY ROAD, PRELIMINARY PLAT This project consists of the subdivision of a one (1) acre lot into a 0.36 acre lot (lot #1) and a 0.62 acre lot (lot #2). Lot #1 has frontage on Kirby Road while lot #2 has no frontage and will be served by a private r.o.w. The property is presently de- veloped with a single-family dwelling and several accessory buildings. It is proposed that these buildings will be razed. This property is located in the R4 zone and is bounded on the east by a single-family dwelling, on the south by undeveloped land with a ravine, on the west by single-family residences on Picard Circle and a residence at 261 Kirby Road, and on the north �-_ u; ,.I_ poa(i . Access: Each lot is proposed to have its own curb cut, 30 feet apart. Since lot #2 has no frontage, access is proposed to be via a 40 foot wide r.o.w. along the westerly property line. Section 19.20 allows the Planning Commission to approve subdivi- sion which create lots with no frontage on a public street as long as access to such a street is provided by a permanent ease- ment of at least 20 feet. Landscaping: The house at #261 Kirby Road is quite close to the proposed access drive to lot #2. Staff recommends that a row of evergreen trees be planted between the access drive and the westerly boundary of lot #1 and lot #2 to screen the access drive from the house at #261 and houses on Picard Circle. These trees should be at least 4-5' tall. A stockade fence might also be beneficial. Enclosed are three letters from adjoining residences on Picard Circle. The neighbors are concerned with the clearing of old growth trees, loss of buffer from the airport and loss of wild- life habitat. The neighbors suggest requiring the applicant to leave the old growth trees along the western boundary, install a stockade fence and supplement the buffer with new pine trees. Sewer: A sewer allocation of 450 gpd will be required for the new lot. The applicant will be required to pay the $2.50 per gallon fee prior to issuance of a zoning permit. 1 Memorandum - Planning July 30, 1991 agenda items July 26, 1991 Page 2 Recreation fee: The applicant will be required to pay the $200 per unit recreation fee for the new lot prior to issuance of a zoning permit. Other: --- Section 19.202(a) requires this application to be handled as a major subdivision since a lot is being created which has no frontage on a public street. ---The existing shed at the south-easterly corner of the property will have to be moved at least 10 feet from the new property line or torn down prior to recording of the plat. 3) L&M PARK = PARKING REVISION - SKETCH PLAN This project is to redesign the parking layout for the commercial portion of the development. The bank building on previous applications was shown to be expanded. This application indi- cates that it will not be expanded and will remain as is. Access: Access to the parking areas from Fayette Road will remain essentially the same. The only change involves the north- erly parking area where the westerly most access is being moved approximately 145 feet to the east to line up directly across from the access to the theater parking lot. This is an improve- ment. The number of curb cuts off the 60 foot r.o.w. connection to the Farrell property has been reduced from 6 to 4. This is an im- provement. Parking/circulation: The Planning Commission approved 471 park- ing spaces on June 25, 1991 and this revised plan shows 472 spaces. Notes #9 and #10 on sheet 1 should be revised to indi- cate the new number of parking spaces. Parking stall dimensions and aisle widths meet minimum requirements. The number of handicapped spaces remain the same. Landscaping: A 6' - 8' berm and a 4' berm are proposed along the north side of Fayette Road to screen the parking area as stipu- lated in the 6/25/91 approval. Crabapples and Austrian Pines are to be planted on these berms. The overall landscaping plan has slightly changed but it will still meet the minimum landscaping requirement of $107,500. 2 10 Picard Circle So. Burlington, VT 05403 May 25, 1991 Mr. Joe Wyeth Zoning Administrator City of So. Burlington 575 Dorset Street So. Burlington, VT 05403 Dear Mr. Wyeth : This is written in reference to our concern due to the proposed subdivision and construction of 2 houses behind our home at 10 Picard Circle, So. Burlington. This is a beautiful wooded area but beyond its eye appeal helps diminish the noise pollution caused by the airplanes which utilize the proximal airport. It is our understanding that Vermont's philosophy is to preserve as much of the natural environment as possible. Obviously the construction of the pro- posed houses and access road would militate against this belief. While we are not ecologist we understand that natural plants and trees take in carbon dioxide. This is especially important to whose of us who reside so near to the area where planes arrive and depart. For these reasons it is our request that this area be left undisturbed. Thank you for your consideration. Sincerely yours, Joseph Wyeth Zoning Commission City of So. Burlington 575 Dorsett St. So. Burlington, VT 05403 May 28, 1991 Dear Mr. Wyeth, I am writing in regard to the pending decision to develop land situated between the Picard Circle neighborhood (old Franco property) and the airport, just south of Kirby Road. I understand that you have heard from at least two of my neighbors on this matter. While I am not comfortable with telling other people what they can do with their property, I do understand that the City has some interest in maintaining the quality of life in South Burlington. To that end, I would strongly suggest that the City intervene with the developer of this land to protect the old growth trees which make up the western boundary of the lot in question. While my lot does not border on these trees, the woods provide shade, beauty and protection from airport noise for the entire neighborhood. For the future owners of any new homes, the developed property will be far more valuable with an old growth forset in the back yard than a stockade fence. As I understand it, the City required the developers of our neighborhood to plant new trees after the houses were built. Six of the sixteen trees that they planted, as it turned out, were within 10 feet of undisturbed forest. I point this out to illustrate the fact that if you just tell the builders to plant some trees when they are done, the trees are not only smaller, but they also end up in the most convenient places for the builders, not for the residents. Please act now to protect the large, old, healthy trees along the lot line and keep South Burlington livable. Please keep me informed of any upcoming hearings on this matter. Sincerely, euyyL. Rosenthal 6 Picard Cir. So. 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Burlington K�TGH� ^r �zowsso �ITE �.a.0 •} Z lAr �u0o.v.S.o.J sic °S City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 15, 1991 Garland Withers 13 Poplar Street Burlington, Vermont 05401 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed are some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim God- dette and myself. Please submit any revised plans no later than Tuesday, July 23, 1991. If you have any questions, please give me a call. S cerely ,. .� 1 Yoe Weith, City Planner Encls JW/mcp cc: Mark Ward 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, July 30, 1991 at 7:30 P.M. to consider the following: 1) Revised Final Plat application of John Larkin and Gerald Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residential units, a 60 room hotel, 20,000 square foot movie theater and 40,000 square feet of retail use on a 33 acre parcel located on Shelburne Road. The parcel is bounded by Merrihew, c/o Pomerleau Real Estate, Pizzagalli Construction, Thomas Farrell, State of Vermont and Shelburne Road. 2) Preliminary Plat application of Garland and Helen Withers for subdivision of approximately 41,700 square feet of land into 2- lots of 15,700 square feet and 27,000 square feet, 265 Kirby Road. The property is bounded by L. Flynn, B. Wall, S. Wall, J.Kirk, Dumont, A. Zeno 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 July 13, 1991 TO: FROM: RE: DATE: 1. 2. { E �ntttb T6urlittatun, licrinattt 0540 1; 4, (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY JULY 30,1991 AGENDA ITEMS MONDAY JULY 8,1991 GARLAND & HELEN WITHERS 2-LOT SUBDIVISION 265 KIRBY ROAD PLANS WERE REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE ANY PROBLEMS WITH GIVEN EMERGENCY PROTECTION IF NEEDED. FACTORY MALL SHELBURNE ROAD CHITTENDEN BANK PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE ANY PROBLEM WITH THE CHANGES THE BANK WANTS TO DO WHICH WOULD EFFECT US IN GIVEN EMERGENCY PROTECTION. 3. DORSET SQUARE MALL PROPOSED BANK 142 DORSET STREET PLANS HAVE BEEN -REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM FOR US GIVEN EMERGENCY PROTECTION IF NEEDED. M E M O R A N D U M To: Project files From: William J. Szymanski, City Engineer Re: July 30, 1991 agenda items Date: July 15, 1991 L&M PARK.SHELBURNE ROAD 1. All previous review comments have been addressed on plans dated June 1990 with latest revision No. 10 dated 7/10/91. 2. The front building fire lane should be controlled by a gate or other barrier approved by the Fire Chief. PROPOSED BANK - BLUE MALL, DORSET STREET Plan dated June 1991 prepared by Fitzpatrick -Llewellyn is accept- able. WITHERS 2 LOT SUBDIVISION. KIRBY ROAD 1. Long driveway to the back house shall drain toward the back (southerly). 2. The 240 foot long sewer service to the back house shall include at least one clean out. FACTORY OUTLET CENTER, CHITTENDEN BANK Plan dated April 1991 prepared by Fitzpatrick -Llewellyn is ac- ceptable. M E M O R A N D U M To: Project File From: Joe Weith, City Planner Re: Preliminary Comments, July 30, 1991 agenda items Date: July, 1991 CHITTENDEN BANK DRIVE-THRU RECONSIDERATION. 508 SHELBURNE ROAD The purpose of this item is for the Commission to decide whether conditions have substantially changed to justify a rehearing of the application. --- the proposed modification will result in a handicapped space being converted to a regular space and two (2) parallel parking spaces will be lost. --- traffic exiting the drive-thru will re-enter the flow of traffic in close proximity to a relatively busy four-way inter- section. The proposed modifications do not improve this situa- tion. This situation will get worse if and when O'Dell Parkway is connected through to Farrell Drive. WITHERS 2 LOT SUBDIVISION - 265 KIRBY ROAD - PRELIMINARY PLAT Additional information required on preliminary plat: --- address of record owners. --- contour lines at intervals of five (5) feet based on USGS datum of existing grades. Other: --- the house at #261 Kirby Road is quite close to the proposed access drive to lot #2. The applicant should plant a row of evergreen trees between the access drive and the westerly bound- ary of lots #1 and #2 to screen the access drive from the house at #261 and houses on Picard Circle. These trees should be at least 4-5 feet tall. PAUL ADAMS - WAREHOUSE -AIRPORT PARKWAY - REAPPROVAL --- plans comply with requirements of October 16, 1990 approval. 1 pavco' LTO PALMER �~�x����K�����~8 U~�~�~� �~���U U��U�-K�� COMPANY �U��KR~~�~�Kn� �� LTD. U �~ SURVEYORS & CONSTRUCTORS City of South Burlington June 28, 1991 Planning Commission 575 Dorset St. So. Burlington, Vt. ATT: Joe Weith RE: Withers,2Lot Subdivision,Kirby Rd. Dear Joe, I am asking on behalf of Garland & Helen Withers that the preliminary and final plat hearing be combined into one. The reasons are as follows: This is a two lot subdivision which you would think would be a minor subdivision. Your letter of June 12 (enclosed) leads me to believe that the final plat approval would be next. The construction season is short and they need time for arrangement of financing which can be difficult these days. They are trying to help Helen Wither's mother (Madeline Martin) to enjoy better living conditions and to clean up the site. Madeline Martin was the owner and tax payer of this property since 1936 and housing for the elderly should be given some consideration. If there is anything we can do to help please call or write to me. We could notify and meet with abutting land owners if necessary. Thank you for your time and consideration. S I r1c. e r e I y, Mark Ward Vermont Land Surveyors 4050 Williston Rd. So. Burlington, Vt. 05403 Tel.# 862-5661 PS: Maybe at the July 9th meeting you could ask the board if they would consider this ?? 4050VV|LL|STOyJ ROAD ° SOUTH BURL|NGTON. VERMONTO54O3 ° 802-862-5561 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 12, 1991 Garland Withers 13 Poplar Street Burlington, Vermont 05402 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the May 7, 1991 Planning Commis- sion meeting minutes. Please note that you must submit an appli- cation for Final Plat approval within six (6) months of the sketch plan review. Please call if you have any questions. Sioecerely, a C t/Z- Weith, City Planner 1 Encl JW/mcp cc: Vermont Land Surveyor/Palco Ltd. F PLANNING COMMISSION 7 May 1991 page 3 also legal detail on the easement shown on the plan. 5. Sketch plan application of Garland and Helen Withers for subdivision of 42,900 sq. ft. of land into two lots of 15,600 and 27,300 sq. ft., 265 Kirby Rd.: Mr. Withers said the land is across the street from the runway, and is the next to last lot before the runway. There is a one - acre lot with a residence on it. They want a 40 ft. drive right- of-way to access the house in back. There are existing water and sewer taps. They plan to pave the drive only to an 8 foot width. Mr. Belair noted the Fire Chief wants a 15 ft. right-of-way for fire access. It is recommended that evergreen trees be planted along the drive for screening. Mr. Craig and Ms. Peacock said 8 ft. was satisfactory as long as there are 3-1/2 foot gravel shoulders. Mr. Austin wanted to insure that the access was drivable for 15 feet. Members agreed to wait on the landscaping until they hear what the neighbors have to say. 6. Public Hearing: Consider proposed amendment to Table II, Section 3 "Noise" of the South Burlington Zoning Regulations to: a) change the noise limitation time period and 2) to include a provision which exempts from the noise standards temporary actions of public benefit: Mr. Burgess noted the currently noise limitations are in effect between Midnight and 8 am. The amendment would change this to between Midnight and 7 am. The amendment would also exempt public works on a temporary basis as long as the City Manager approves. Mrs. Poger asked if there is a temporary exemption for road work, why change the limits to 7 am and expose everyone to lawn mowers, garbage trucks, etc. Mr__Crai.q_moved _ta __send _tt ,. 4 � � .•.-. -w � �.0 _�uc _auul t_1 uu _uL _uAl L�5eCtlQnyJE - ( LempQrarysublic works j -and -not. -to -send -the _ctianqe-in hou rs^f rara8^ara _to�7'ara� Mrs��Maher�secanded��The�mnkinn_then��assed�unanimausl� 7,-Discuss _draft_of,Ci.ty-Center �Traffi.c-Impact -Analysis -report re�aredµb Resouec��__Systems. Grnu It was noted that no intersection was better than level of 41 6;, P CITY OF SOUTH BURLINGTON Subdivision Application - PRELIMINARY PLAT 1) Name of Applicant (�-;ArLLA t,i L7 H & L-- E 2) Name of Subdivision 3) Submit Subdivision Fee 4) Describe Subdivision (,i.e. total acreage, number of lots or units, type of land use, gross floor area for commercial or industrial uses) • >~ Pv- tr- C u5�r- 5) Indicate any changes to name, address, or phone numbers of owner of record, applicant, or contact person since sketch plan application: 6) Name, address, and phone number of: a. Engineer b . Surveyor L A 0 Su (c \If- -1 C �E��c� ��i��►����...� Pam. S� 3u�LtH.1G�d�.�r, '<4t� Z-S1 C. d. Plat Designer _ T, �-�i\I D Su (2-\/F---{O iZ-S 7) Indicate any changes to the subdivision such as number of lots or units, property lines, applicant's legal interest in the property, etc., since sketch plan application: �-A (f-711-11�F 1 %. 8) List names and mailing addresses of owners of record of all contiguous properties : �� /?L��(J ` PA7— Zr-AJ0 y e!gO.� z(p l��Aza� 2ri. 13i2iA�/ tc 2�s71Aft aAi . - � " Ae l o u 156 FLyA/ N �.PscE f O/A4.,C_ /o ;q C12C6- 0;- So, 13U L. on/�/-_ 12 GJQo04-!gV?Q 9) State title, drawing number, date of original plus any revisions, and designer(s) of the preliminary map(s) accompanying this application: 10) COST ESTIMATES for Planned Unit Developments, multi -family and commercial and industrial complexes: a) Buildings b) Landscaping c) All other site improvements (e.g., curb work 11) ESTIMATED TRAFFIC for Planned Unit Developments, multi- family projects, and commercial and industrial complexes (2-way traffic, in plus out): A.M. Peak hour P.M. peak hour Average daily traffic % of trucks 12) Attach FIVE copies and ONE reduced copy (11 x 17) of preliminary map showing the following information: !a) Proposed subdivision name or identifying title and the name of the City. - Name and address of owner of record, subdivider and designer of Preliminary Plat. c) Number of acres within the proposed subdivision, location of property lines, structures, watercourses, wooded areas, and other essential existing physical features. 2 h 'd) The names of all subdivisions immediately adjacent and the names of owners of record of adjacent acreage. e) The location and size of any existing sewers and water mains, culverts and drains on the property to be subdi- vided. f) Location, names and widths of existing and proposed streets, private ways, sidewalks, curb cuts, paths, easements, parks and other public or privately main- tained open spac(4s as well as similar facts regarding adjacent property. g) Contour lines at intervals of five feet, based on United States Geological Survey datum of existing grades and also of proposed finished grades where change of exist- ing ground elevation will be five feet or more. h) Complete survey of subdivision tract by a licensed land surveyor. i) Numerical and graphic scale, date and truce north arrow. �) Details of proposed connection with existing water supply or alternative means of providing water supply to the proposed subdivision. k) Details of proposed connection with the existing sani- tary sewage disposal system or adequate provisions for on -site disposal of septic wastes. 1) If on -site sewage disposal system is proposed, location and results of tests to ascertain subsurface soil, rock and ground water conditions, depth to ground water unless pits are dry at depth of five feet; location and results of percolation tests. m) Provisions for collecting and discharging storm drainage in the form of drainage plan. n) Preliminary designs of any bridges or culvert which may be required. o) The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field. Unless on existing street intersection is shown, the distance along a street from one corner of the property to the nearest existing street intersection shall be shown. p) All parcels of land proposed to be dedicated or reserved for public use and the conditions of such dedication or reservation. 3 F 13) Development timetable (including number of phases, and start and completion dates): 14) List the waivers applicant desires from the requirements of these regulations: 15) 1) All existing subdivision, approximate tract lines and acreage of adjacent parcels, together with the names of the records owners of all adjacent parcels of land, namely, those directly abutting or directly across any street adjoining the proposed subdivision. 2) Locations, widths and names of existing, filed or pro- posed streets, curb cuts, easements, building lines and alleys pertaining to the proposed subdivision and to the adjacent properties as designated in paragraph 1 above. 3) An outline of the platted area together with its street system and an indication of the future probable street system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire holding. (Signature) applicant or contact person 4 t City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 12, 1991 Garland Withers 13 Poplar Street Burlington, Vermont 05402 Re: 2 Lot Subdivision, Kirby Road Dear Mr. Withers: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the May 7, 1991 Planning Commis- sion meeting minutes. Please note that you must submit an appli- cation for. Final Plat approval within six (6) months of the sketch plan review. Please call if you have any questions. S' cerely, oe Weith, City Planner 1 Encl JW/mcp cc: Vermont Land Surveyor/Palco Ltd. i'/ CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record -4 k�►-1--- -4 \QI-rl.+OP-1r� 1uI.c i tov-i� b . Applicant a-rzi- A. >_. © 4 � � � �► \� � r.-� � c. Contact 1—a4-c.o LZ �, �r� i �y,ti- t STC-�..c 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). t� fl lam_ L� i r4..c rzt� �.0�-(� C �L_ �O, Ct •A"�� � �..+o K( �'c'3�.1 �� _—T� -�ic t `��'-w c� C Z � i-�r= ♦�v -�rn�S �� S�� � 3) Applicant's legal interest in the property (fee simple, option, etc. 4) Names of owners of record of all contiguous properties C'".e \�i,sw� Sa �.�. �1 .o,a� ytra...c._ „ SnM r✓S d C5 �u Vr,G �T M-7� Z� �►� . 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. `tea • , k T A , �� � .� \A2 �4 E_, L� 'c C t��c iJ �/l�dr�:L �--• r�PF 1 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: 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. 4) Type of location, and approximate size of existing 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. 16� kill (Signature) applicant or contact person Date 2 executiv . kirby .� \ uval co cloverSt. I-C: O eth'9n fler port rd. Memorandum - May 7, 1991 May 3, 1991 Page 3 Planning agenda items Parking: The Zoning Board when they granted the variance ex- pressed concern that this subdivision does not eliminate parking spaces. They stated that "if satisfactory parking can't be reconciled to the satisfaction of the Planning Commission, that this variance if granted be null and void". Parking for #41 would be just to the north of the house in an existing parking area. Parking for #43 would be in the driveway between the 2 houses. The purpose of the zero lot line is to provide enough room for parking. An easement would also be granted over a portion of the lot at 441 for access around the rear of the property to a parking space on the so-called "well" lot.. This "well" lot is owned by the applicant and is contiguous to the lot at #41. The final plat shall show a 10 foot easement_ to access this parking space. Other: Chief Goddette has no problem with the subdivision. 5) WITHERS 2 LOT SUBDIVISION, 265 KIRBY ROAD, SKETCH PLAN This project consists of the subdivision of a one (1) acre lot into a .36 acre lot. (lot #1) and a .63 acre lot (lot #2). Lot #1 has frontage on Kirby Road while lot #2 has no frontage and will be served by a private r.o.w. The property is presently de- veloped with a single-family dwelling and several accessory buildings. It is proposed that these buildings will be razed. This property is located in the R4 zone and is bounded on the east by a single-family dwelling, on the south by undeveloped land with a ravine, on the west by single-family residences on Picard Circle and a residence at 261 Kirby Road, and on the north by Kirby Road. Access_ Each lot. is proposed to have its own curb cut, 30 feet. apart. Since lot #2 has no frontage, access is proposed to be via a 40 foot wide r.o.w. along the westerly property line. Section 19.20 allows the Planning Commission to approve subdivi- sions which create lots with no frontage on a public street as long as access to such a street. is provided by a permanent ease- ment of at. least. 20 feet. The house at #261 Kirby Road is quite close to the proposed access drive to lot. #2. Staff recommends that a row of evergreen trees be planted between the access drive and the westerly bound- ary of lot #1 to screen the access drive from the house at #261. These trees should be at least 4-5' tall. Memorandum - Planning May 7, 1991 agenda items May 3, 1991 Page 4 In order to reduce curb cuts and maximize front yard green space, staff suggests that access to both lots be provided by one curb cut. However, if the applicant does not want this, I see no problem with 2 curb cuts since Kirby Road is a dead end street and experiences very little traffic. Chief Goddette recommended that the new driveway be at least 15 feet. wide. Other: The 1985 South Burlington Comprehensive Plan shows a proposed street connecting the end of Airport Drive with Airport Parkway and this proposed street may cross a portion of this property. Staff is looking into where the best location would be for this road and will present its findings to the Planning Commission at Tuesday's meeting. Section 1.9.202(a) requires this application to be handled as a major subdivision since a lot is being created which has no frontage on a public street. Sewer: A sewer allocation of 450 gpd will be required for the new lot. The applicant. will. be required to pay the $2.50 per gallon fee prior to issuance of a zoning permit. Recreation fee: The applicant will be required to pay the $200 per unit recreation fee for the new lot prior to issuance of a zoning permit. 6) ZONING AMENDMENT, NOISE Enclosed is the proposed amendment to Table II, Section 3, "Noise" of the Zoning Regulations. The proposed amendment to change the "quiet hours" was revised to be between 12 midnight and 7`00 A.M. as requested by the Commission. 7 ) CITY CENTER TRAFFIC STUDY Enclosed is the final report by RSG. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 3, 1991 Vermont. Land Surveyors (Palco Ltd.) 4050 Williston Road South Burlington, Vermont 05403 Re: Withers-- ?-Lot Subdivision, Kirby Road Dear air/Madame: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, May 7, 1991 at 7:30 P.M. to represent your request. g tee, lyl Weith, City Planner Encls JW/mc p cc: Garland W .thers M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: May 7, 1991 agenda items Date: May 3, 1991 3) QUEEN CITY PARK, 4 BIRCH LANE Plan titled subdivision of Cottage parcel, No. 4 Birch Lane, South Burlington, Vermont, dated 7/5/91, prepared by A.W. Harris & Associates is acceptable. 4) QUEEN CITY PARK. 41-43 CENTRAL AVENUE SUBDIVISION The City Attorney should review the deeds for the two parcels prior to recording. 5) GARLAND AND WITHERS PROPERTY KIRBY ROAD Two inlets should be installed approximately as shown on sketch and piped to the drainage way to the south. The lots shall be graded to drain into these inlets. M E M O R A N D U M To: Project files From: William J. Szymanski, City Engineer Re: May 12, 1991 agenda items Date: April 22, 1991 GARLAND AND WITHERS PROPERTY, KIRBY ROAD Two inlets should be installed approximately as shown on sketch and piped to the drainage way to the south. The lots shall be graded to drain into these inlets. PERRY'S FISH HOUSE, SHELBURNE ROAD 1. One of the curb cuts on Baldwin Avenue should be eliminated. 2. Existing sidewalk shall remain in place. Plan shows it re- moved. 3. It is the intent of the City to increase the radius of the curb at the Baldwin Avenue intersection to accommodate school busses. This radius will increase to approximately 40 feet. Any planting or signs should be placed at a location that will not conflict with these improvments. 4. Plantings within the street r.o.w. should be limited to a few trees especially along Shelburne Road where there is a good possibility the street will be widened and plantings will have to be removed. 5. Parking spaces should be at least 9'x18'. Plan shows them at 9'x15'. r a� z �a4a a �4t. ,1 .•a p�RSET�H/NaSatlrrG ROAD CovaK City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 April 22, 1991 Vermont Land Surveyors/Palco Ltd. 4050 Williston Road 5outti Burlington, Vermont U:)4UJ Re: Withers, 2 Lot Subdivision, Kirby Road Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Enclsoed, please find some preliminary comments on the above referenced project from City Engineer, Bill Szymanski, Fire Chief Goddette and myself. Please submit any revised drawings by April 30, 1991. If you have any questions, please give me a call. Tc 'ere.ly, w4fz- Weith, City Planner Encls JW/mcp M E M O R A N D U M To: Project Files From: Joe Weith, City Planner Re: Preliminary Comments, May 7, 1991 Agenda items Date: April 18, 1991 PERRY'S FISH HOUSE, PARKING LOT EXPANSION.SHELBURNE ROAD Additional information required: Distance along property lines. Recommended changes: Move the 7 spaces along Shelburne Road to the east so that they are entirely on the applicant's property. Close the westerly curb cut on Baldwin Avenue. All angled parking spaces must be large enough to accommodate a 9'xl8' rectangle and all other parking spaces must be at least 9'x18'. Parking aisles serving single row of parking must be 22 feet in width and serving double row of parking must be 24 feet in width. Other: On the plan approved by the Planning Commission on October 8, 1985 for development of this site, the overall coverage was approved at 69.3%, since the applicant wishes to in- crease the overall coverage 1.5% above the maximum allowed, either a variance would have to be obtained or more green spaces added so that the overall coverage limit is not exceeded. WITHERS 2 LOT SUBDIVISION. 265 KIRBY ROAD, SKETCH PLAN Access to both lots should be via a shared access to reduce the number of curb cuts. The 1985 South Burlington Comprehensive Plan shows a proposed street connecting the end of Airport Drive with Airport Parkway and this proposed street appears to cross a portion of this property. Prior to Final Plat the City will decide on its location relative to this property and whether it wishes to acquire the property. The house at #261 Kirby Road is quite close to the proposed access drive to lot #2. The applicant should consider planting a row of evergreen trees between the access drive and the westerly boundary of lot #1 to screen the access drive from the house at #261 M3 TO: FROM: RE: DATE: 1. uut + nr Yn tun �F ire Department �•� �� L'illi'alI :'1rCc1 �rvlttlj 1SLIrlilllltua, liCrlrirtllt 05403 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE SR. TUESDAY MAY 7,1991 AGENDA ITEMS MONDAY APRIL 15,1991 PERRY'S FISH HOUSE PROJECT #834 SHELBURNE ROAD DATED 3/25/91 PLANS HAVE BEEN REVIEWED BY THE DEPARTMENT AND AT THIS TIME I AM PLEASED TO INFORM YOU THAT I DO NOT SEE A PROBLEM FOR THE FIRE DEPARTMENT IN GIVEN EMERGENCY PROTECTION IF NEEDED. 2. #265 KIRBY ROAD TWO LOT SUBDIVISION PLANS WERE REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME THE ONLY PROBLEM I SEE AT THIS TIME IS THE DRIVE WAY SHOULD BE AT LEAST 15' WIDE TO ALLOW EMERGENCY EQUIPMENT IN IF NEEDED FOR AN EMERGENCY. PLANNING COMMISSION 30 JULY 1991 The South Burlington Planning Commission held a meeting on Tuesday, 30 July 1991, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, Terry Sheahan, Catherine Peacock, Ann Pugh Also Present: Joe Weith, City Planner; Garland & Helen Withers, John Steele, David White, Guy Rosenthal, Christina Wall, Roger Whitaker, Doug Fitzpatrick, Lee Murphy 1. Other Business: a. Mr. Weith noted that Quarry Hill has withdrawn its application and will provide the golf driving range for members only. b. Mr. Weith gave members a tentative schedule for Southeast Quad- rant zoning. The Council wants the Commission to relook at goals minus the TDR's and to look at more conventional zoning methods to promote goals without major changes in zoning. c. Ms. Peacock asked whether the Commission will still have a site visit to Allenwood. Mr. Weith said the Allenwood people will not allow the Commission on the site. d. Regarding the City Center, staff has met a few times with Peter Judge regarding developing the parcel along Corporate Way. They have been talking about streetscape issues. Mrs. Maher asked if Mr. Judge is looking at a separate lot on Corporate Way or trying to tie it into Dorset St. Mr. Weith said it would be just for Corporate Way. He said he had suggested a committee to make recommendations on design issues such as tree spacing, lighting, benches, etc. Mr. Sheahan agreed to represent the Com- mission on the Committee. 2. Preliminary Plat application of Garland and Helen Withers for subdivision of approximately 41,700 sq. ft. of land into two lots of 15,700 sq. ft. and 27,000 sq. ft., 265 Kirby Rd. Mr. Withers said there is a small ranch on the front of the property and there would be a larger split level on the rear. He proposed a 40 ft. right of way to the back property, 12 ft. of which would be paved with the remainder gravel. There is a ravine in back with a small creek. Mrs. Maher asked if the applicant had any objection to putting in a row of evergreens . Mr. Withers said he would object to being told to do it. Mrs. Maher noted the Commission has the right to PLANNING COMMISSION 30 July 1991 page 2 reject the application as there is no frontage for the rear pro- perty. Mr. Rosenthal noted that there is a growth of old trees that protect the adjoining development from noise, etc. He asked if these can be saved. Mr. Withers said he didn't know how many trees he would cut down. Mrs. Withers said she wants to garden and pine trees are no good for gardeningas they make the soil too acid. She said the property has been in her family for three generations, and the Picard development should not have guaranteed residents that those trees would always be there. Mr. Burgess said the Commission's concern is that the property will be a subdivision with a piece that has no frontage. The Commission will consider doing something to protect adjacent properties because of the long driveways, but the Commission is not empowered to protect trees. Mrs. Wall noted they had paid more for their home because of the trees, but acknowledged that that was her problem. She said the biggest concern she had was the long driveway because of small children in the area. She asked for a fence. Mr. Weith said he felt a fence and some land- scaping would have the most effect for screening. Ms. Pugh said she would like to see some discussion between the developer and the neighbors for something mutually beneficial. Mrs. Maher sug- gested the possibility of deciduous trees. Mr. Sheahan said he would like to view the site in order to make a more intelligent decision. Members agreed. Ms. Pugh moved to continue the application until 6 August to allow members to view the property and be clear what is being voted on. Mrs. Maher seconded. Motion passed unanimouslv. 3. Public Hearing: Revised Final Plat application of John Larkin and Gerry Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residence units, a 60 room hotel, 20,000 sq. ft. movie theatre and 40,000 sq. ft. of retail use on a 33 acre parcel, Shelburne Rd.. Mr. Steele said the number of parking spaces is essentially the same. The changes involve the number of islands and changes the city wants to see. The entrance at the west has been shifted from the end of the lot down across from the entrance to the theatre in the interest of safety. On the south parking lot, they have reoriented parking to north/south aisles and eliminated two curb cuts. They have created two berms along Fayette Rd. There will be a sidewalk on the west side of the drive. Mr. Weith said the survey plat will need to be updated to show 7qj 41 •✓y��tii�d;"°'w,mrW,6'.'rr..Jt �� ,'7 .•h''llsarw�PtW�a`?.. ,. M lip x MV F SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURL,INGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL June 25, 1985 Mr. Richard Ward South Burlington City Offices 575 Dorset Street So. Burlington, VT 05401 Dear Dick: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL Enclosed are copies of the Stipulation and Order entered into in the matter of City of South Burlington vs. Madeline Racicot. They are being submitted to the court today by David Watts, Mrs. Racicot's Attorney. I discussed the substance of the Stipulation and Order with Larry Prescott and Louise Flynn, neighbors of Mrs. Racicot. They approved of this settlement. Attempts to reach John Duffy, another neighbor who expressed interest in the case, were unsuccessful. Hopefully this will put an end to the neighbor's problem. If you have any questions do not hesitate to call. Very truly yours, Susan L. Boyle SLB:djg Enclosures SPOKES, FOLKY & STITZEL ATTORNEYS AT LAW •URLINOTON, VERMONT STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON s s Chittenden Superior Court v. s Docket No. S0533-84CnC MADELINE RACICOT STIPULATION The City of South Burlington, acting by and through its attorneys, Spokes, Foley & Stitzel, and defendant Madeline L. Racicot, hereby stipulate and agree as follows: 1. Within thirty (30) days of the date of this stipulation, defendant will no longer own, raise, or keep roosters on her property at 265 Kirby Road, South Burlington, VT. 2. Defendant will not purchase, raise or keep any chickens other than those on her property at 265 Kirby Road, as of the date of this agree- j ment. 3. By June 24, 1986 all remaining chickens on defendant's property will be eliminated and defendant will not thereafter raise or keep any chickens on her property. 4. Defendant will not own, raise, or keep more than six (6) ducks of any kind on her property at any point in time. 5. Defendant will maintain her property in such manner as to not interfere with her neighbors' use and enjoyment of their property, in- cluding, by way of example and not limitation: a. Maintaining the structures in which the above mentioned non -domestic animals are kept in reasonable repair, and b. Cleaning the area in which the above mentioned non -domestic animals are kept so health risks and odor problems are eliminated to the extent this is possible. 6. All other relief in plaintiff's complaint may be dismissed with prejudice. 7. The Court may enter an order incorporating the terms of this stipulation. Dated at Burlington, VT, this _ day of June, 1985. By: CITY OF SOUTH BURLINGTON Spokes, Foley & Stitzel Attorneys for Plaintiff Dated at Burlington, VT, this _ day of June, 1985. Madeline L. Racicot SrOKKS, FOLKY & STITZ[L ATTORNEYS AT LAW DURLINGTON, VKRMONT SPOKES. FOLEY & STITZEL ATTORNEY! AT LAW ■URLINGTON, V[RMONT STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON : : Chittenden Superior Court v. a a Docket No. S0533-84CnC MADELINE RACICOT = ORDER Based upon stipulation of parties, dated June 24, 1985, it is hereby Ordered, Adjudged and Agreed: 1. Within thirty (30) days of the date of this stipulation, defendant will no longer own, raise, or keep roosters on her property at 265 Kirby Road, South Burlington, VT. 2. Defendant will not purchase, raise or keep any chickens other than those on her property at 265 Kirby Road, as of the date of this agree- ment. 3. By June 24, 1986 all remaining chickens on defendant's property will be eliminated and defendant will not thereafter raise or keep any chickens on her property. 4. Defendant will not own, raise, or keep more than six (6) ducks of any kind on her property at any point in time. 5. Defendant will maintain her property in such manner as to not interfere with her neighbors' use and enjoyment of their property, in- cluding, by way of example and not limitation: a. Maintaining the structures in which the above mentioned non -domestic animals are kept in reasonable repair, and b. Cleaning the area in which the above mentioned non -domestic animals are kept so health risks and odor problems are eliminated to the extent this is possible. 6. All other relief in plaintiff's complaint may be dismissed with prejudice. Dated at Burlington, VT, this day of June, 1985. APPROVED AS TO FORM: Susan L. Boyle Attorney for Plaintiff David Watts Attorney for Defendant SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW BURLINGTON. VERMONT Superior Judge Assistant Judge Assistant Judge 255 Kirby Road South Burlington, Vermont Mr. Rjchard Ward Zoning Administrator South Burlington, Vermont Dear Mr. Ward, We, the undersigned residents of Kirby Road, do hereby indicate by our signatures the length of time that the Racicot family of 265 Kirby Road has operated a chicken coop on their property. vJHEN CHICKENS NAME ADDRESS HOW LONG? FIRST APPEARED x'Jciti ' �: i11! /Gil l Gt. � j` �-� �CO 4 r5 ► I ITS'S_— 3J, rq c We are hopeful that this will serve you and enable the city attorney to handle this serious problem. We appreciate your efforts very much. Thank -you. SPOKES, F®LEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL April 9, 1985 Mr. Richard Ward South Burlington City Offices 575 Dorset Street So. Burlington, VT 05401 Re: City of So. Burlington v. Racicot Dear Dick: (802) 862-6451 (802) 863-28S7 ISAAC N. P. STOKES COUNSEL The above -referenced matter has been set for trial on June 24th at 1:30 P.M. I request that you be available as a witness at that time. By copies of this letter I am also requesting that Mrs. Moreau and Mr. Cavanaugh be available. Very truly yours, Steven F. Stitzel SFS/gmt CC: Mrs. Lynn Moreau Mr. James Cavanaugh ZONING BOARD OF ADJUSTMENT APRIL 16. 1984 The South Burlington Zoning Board of Adjustment held a regular meeting on Monday, e April 16, 1984 at 5:00 P.M., in the conference room, City Hall, 575 Dorset Street. Members Present Chairman Fred B lais, Donald Graf, James Thibault, John D inklage, James McClary, Alex Guyette Members Absent Norman Campbell Others Present Zoning Administrator Richard Ward, G ary Moreau, Lynn Moreau, Peter A1den,Gerald Pecore, Robert T. Veve Jr., Leonard Duffy, Bradley J. Nike, Madeline L. Raciocot No. 1 Appeal of Madeline L. Racicot Appeal of Madeline L. Racicot, seeking a variance from Section 9.204 and Section 9.20 Conditional uses, request is for permission to keep domestic farm animals (chickens) on a lot containing approximately one (1) acre, at 265 Kirby Road. Mr. Ward said this is a violation of the zoning ordinance. Because the -operation already exists he has summoned Mrs Racicot and she agree to appear before the board to request a variance. He didn't know what her stand was now. (Mrs. Racicot was not present at this time but did make her presence before the hearing of her appeal was over) Mr. Ward said a minimum of 10 acres is required to keep farm animals. Mrs. Racicot has 1 acre. Mr. Moreau presented a petition with ten names pointing out their concern about the odor of the manure; the constant noise of cackling hens; some have escapted causing concern of disease spreading; the increase of insects, mice, and rats; and the lowering of the value of their homes. Mr. Graf asked if there were any other farm animals in the neigh- borhood. The answer was no. Mrs. Racicot said she didn't know she needed a variance when she started raising chickens. She felt they were no more of a nuisance than the dogs that are loose on the street. Mr. Dinklage pointed out to her that it wasn't sour grapes that she had to make the appeal but that she'was in violation of the law. The appeal was denied on a unanimous vote. No. 2 Appeal of Aesculapius, Inc. Appeal of Aesculapius, Inc., Dr. Peter Alden, President seeking approval from sec- tion 19.05 Conditional uses, sub -section 19.055 extension, request is for permission to construct a 15' x 38' addition to the existing, medical center, at 1 Timber Lane. NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENTS Name, address and telephone # of applicant Name, address of property owner Property location and description I hereby appeal to the Zoning Board of Adjustment for the following: conditional use, variance or decision of the administrative officer. I understand the meetings are held twice a month (second and fourth Mondays). The legal advertisement must appear a minimum of fifteen (15) days before the hearing. I agree to pay the hearing fee of $30.00 which is to off -set the cost of the hearing. Hearing Date Signature of Appellant Donot write below this line --------------------------------------------------------------------------------------- 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 Municipal Offices, Conference Room, 575 Dor t Street, South Burlington, Vermont on Ty7Ldo Y --ZZ,r , at .'00 40- 6 (day of wee (month and date) tiie to consider the following: • Appeal of wof i�.t.,,t,...,.. seeking a from Section_-a`P'' &,-e ,Z,,/yr A -e-., r.t of the South Burlington Regulations. Request is for permission to rs" , C2�-? .-G�Y►�,Fl..•�CG �3�.-��!.J •MG i C��' �11a� �..i 2._..L� ��,.� .� RACICOT 265 Kirbv Road Area zoned R-4 District Section 9.20, Conditional uses, sub -section 9.204 "keeping of domestic farm animals for use by residents" Minimum lot size - 10 acres Existing lot - 132'x330' - 1 acre Minimum set back 100 feet from property lines Note: chickens are presently on property - ccutplaints are on file. No Text March 27, 1984 Mrs. Madeline Racicot 265 Kirby Road South Burlington, Vermont 05401 Re: Zoning appeal Dear Mrs. Racicot: Be advise that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Hall Conference Room, 575 Dorset Street on Monday, April 9, 1984 at 5:00 P.vi. to consider your request for a zoning variance. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RN/W9 SPOKES, FOLEY & S°TITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL MARY ALICE MCKENZIE May 25, 1984 Mr. Richard Ward Zoning Administrator 575 Dorset Street South Burlington, VT 05401 Re: Madeline Racicot 265 Kirby Road South Burlington, VT Dear Dick: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL On May 4, 1984 we wrote Mrs. Racicot a letter regarding the fact that she is in violation of the City of South Burlington Zoning Regulations. Please advise us if Mrs. Racicot has remedied the violation, and if not, grant us the authority to pursue this matter further. Very truly yours, Richard A. Spokes RAS:mil RICHARD A. SPOKES , / o JAMES D. FOLEY STEVEN F. STITZEL SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 May 4, 1984 Mrs. Madeline Racicot 265 Kirby Road South Burlington, Vermont 05401 Dear Mrs. Racicot: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL We have been advised by the City of South Burlington that you are in violation of the City's zoning regulations. You have been asked by Richard Ward, the Zoning Administrative Officer, to correct the violation. Unless you do so promptly, we will be forced to pursue legal remedies. Please feel free to contact me if you have any questions. Very truly yours, Richard A. Spokes RAS:mil cc: Mr. Richard Ward Zoning Administrative Officer City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 863-2882 May 31, 1984 Spokes, Foley and Stitzel P.O. Box 986 Burlington, Vermont 05401 Dear Dick: ZONING ADMINISTRATOR 658-2486 Regarding Madeline Racicot of 265 Kirby Road, she still is in violation. As of this date she has the same problem, no action has been taken to remedy it. This office has been receiving complaints on a regular basis. This matter should be pursued as soon as possible. Ver tru y Richard Ward Zoning Administrator Officer SPOKES. FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON. VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL Bebbuary 13, 1985 Mrs. Gary Moreau 255 Kirby Road So. Burlington, VT 05401 Re: City of South Burlington v. Racicot Dear Mrs. Moreaut (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL Z an writing to follow-up on our telephone conference in December con- cerning the above -referenced matter. Please contact me in the near future to review the status of this case. Very truly yours, DSteven F. Stitzel SIPS/gmt cct Mr. Richard Ward Y'� ' Ry November 27, 1984 Mr. Gary Moreau 255 Kirby Road South Burlington, Vermont 05401 Dear Mr. Moreau; Enclosed is a copy of a letter from the City Attorney regarding the Racicot case. Please note that he plans on dismissing the legal action pending on or above December 14, 1984 unless he secures credible evidence and competent witnesses. Back in mid October I requested from you and your neighbors assistance in securing evidence to support the fact that Mrs. Racic of has not kept the chickens on her property as she has claimed. I have enclosed a copy of a letter from Attorney David Watts, you and the neighbors may wish to settle this matter with Mrs-Racicot, if so plesae contact me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg 2 Enc15 BLOKES, FOLEY & STI°TZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 966 BURLINGTON, VERMONT OS402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL November 26, 1984 Mr. Richard Ward South Burlington City Offices 575 Dorset Street South Burlington, VT 05401 Re: South Burlington v. Racicot Dear Dick: (802) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL On October 4th I requested your assistance in verifying certain factual matters concerning the above -referenced zoning enforcement action. I under- stand that you have asked Mrs. Racicot's neighbors to provide such information but have received no response as of this date. I am writing at this time to advise you that the City cannot proceed with this matter unless we have credible evidence and a competent witness to testify on at least one of the following points: (1) The information contained in Mr. Watts' letter of October 2nd is inaccurate. (2) Even though Mrs. Racicot has maintained chickens on her pro- perty for a substantial period of time she has recently increased the number of chickens or changed the location of maintaining them on the property. (3) Mrs. Racicot discontinued the raising of chickens on her property for a period in excess of six (6) months with no intent to resume such activities. If I have not been provided evidence on at least one of the above points by December 14, 1984, it is my intent to dismiss the pending action. Very truly yours, Steven F. Stitzel SFS/gmt STEPHEN S. BL.ODGEIT DAVID WATTS )AMES R. CRUCIT n BLODGETT & WATTS Attorneys At Law 80 ST. PAUL STREET P.O. BOX 8 BURLINGTON, VERMONTOMM (802)862-8919 October 2, 1984 Steven F. Stitzel, Esq. Spokes, Foley & Stitzel P.O. Box 986 Burlington, VT 05402 Re: South Burlington v. Racicot Dear Steven: I apologize for the delay in providing you the information concerning our affirmative defense. I understand from Mrs. Racicot that she moved to her present home in 1937. At the time that she moved in a chicken coop was built and they have kept chickens on the property„continuously ever since. The original chicken coop became delapidated over the last 5 years and temporary quarters were provided for the chickens untila new coop$ could be built more recently. I understand that the remains of the delapidated coop are still on her property. Mrs. Racicot indicates that during some winters the chickens would die out and would not be replaced until the spring. However, she indicates she has never interrupted her maintenance of chickens on the property. In order that this case might be resolved, Mrs. Racicot is willing to agree that chickens may be maintained on her property only during her lifetime and while she owns the property (as you may know, Mrs. Racicot is presently 70 years old). Mrs. Racicot is also willing to address any practical complaints that any of her neighbors might have. I believe that she would be willing to agree to a reasonable limited number of chickens she keeps and certain understandings concerning the manner in which the chickens are kept. Please let me know whether there is any further information I can provide concerning this problem. Hopefully, this matter Steven F. Stitzel, Esq. October 2, 1984 Page two can be resolved to everyone's satisfaction in the near future. Thank you. ,Sinc el yours, David Watts DW:g October 17, 1984 Mr. Gary Moreau 255 Kirby Road South Burlington, Vermont 05401 Dear Mr. Moreau: Mrs. Racicot is making a claim that she has kept chickens on a continuous basis since 1937. She claims that the original coop became dilapidated over the last 5 years, requiring that a new coop be built. If the City can prove that her maintenance of the chickens was interrputed for a long term, say one year or so, we would have a stronger case. In order to do so, the neighbors would be required to provide evidence of that fact. Being familiar with this case we request that you discuss this with your neigh- bors and provide us with written documentation. If you have any questions please don't hesitate to call me. Very truly, Richadd Ward, Zoning Administrative Officer RW/mcg SPOKES, FOLEY & S°TI°TZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. O. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL MARY ALICE MCKENZIE October 4, 1984 Mr. Richard Ward South Burlington City Offices 575 Dorset Street South Burlington, VT 05401 Re: South Burlington v. Racicot Dear Dick: (802) 852-6451 (802) 863-28S7 ISAAC N. P. STOKES COUNSEL I am enclosing a copy of a letter I received on October 2, 1984, from Mrs. Racicot's attorney. Assuming the information contained in this letter is accurate, Mrs. Racicot would have a legitimate argument for a nonconforming use involving some number of chickens. The major point to be decided would be the number of chickens. Before proceeding with this case, I want you to verify the accuracy of the information contained in Mr. Watts' letter. To do this, you should contact the neighbors who have complained to the City and see what information they can provide. I will wait to hear from you before taking any further action. Very truly yours, lt� J .tI Steven F. Stitzel SFS/gmt Enclosure "277 !6,- ''t r '� 6 I884 M'V4AGC1?,- cirY .Eo � OFFICE SP®KES, FOLEY & STITZEL CURLING oN ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 R IC HARD A. SPOKES (802) 862-6451 JAMES D. FO LEY (802) 863-28S7 STEVEN F STITZEL ISAAC N. P. STOKES M ARY ALICE MCKENZIE COUNSEL September 26, 1984 Mr. William Szymanski City Manager 575 Dorset Street Burlington, VT 05401 Re: Zoning Enforcement Dear Bill: I was somewhat surprised to see the Burlington Free Press article on September 19th regarding the City's zoning enforcement problems. Perhaps we have been remiss in keeping you and Dick Ward up to date, but we do not understand that to be the case. The following is a status report on each of the matters mentioned in the newspaper article: 1. Kirby Road Chicken Farm. On May 4, 1984 we sent a violation notice to the property owner. On May 24th we wrote to Dick Ward inquiring whether the violation had been corrected. Dick advised us by letter dated May 31st that the violation continued and we should bring suit. We did so on June 5th. The property owner filed an answer through her lawyer setting forth a nonconforming use defense. The defendant's lawyer assured us that he would give us a history of the use of the property, but has yet to do so. We will take the defendant's deposition if this information isn't voluntarily forthcoming. In this suit we are seeking a permanent injunction rather than a preliminary injunction. The nature of the alleged violation is such that we didn't feel it would be feasible to obtain a preliminary injunction since it would be difficult for us to establish the requisite irreparable harm. 2. Roaming Taxi Company. At Dick's request we sent a violation notice on May 22, 1984. Suit was filed on June 13th and we received an answer from the defendant's attorney on July 3rd. We were advised by the attorney that his client was moving the business to a Williston Road location. After consulting with Dick Ward, we advised the defendant's lawyer that it would be necessary to obtain a variance for the new location. We were assured that an application would be filed, and assumed it had been. In fact no application was filed and Dick sent a new violation notice on September 17th. If no variance is requested by September 26th we will commence a new suit. Mr. William Szymanski September 26, 1984 Page 2 3. Dorset Street Antique Store (Flea Market). The Zoning Board approved the applicant's application by a three to one vote. The Vermont Planning and Development Act, however, requires a majority of the entire Board to approve affirmative actions. Since the Zoning Board is composed of seven members, the applicant failed to gain the necessary approval. I understand the flea market was open for two weekends following the Zoning Board's action. The property owner's attorney assured Dick Ward that they would file a new application and request that it be heard before the entire Zoning Board. After Labor Day weekend no new application had been filed, and I contacted the attorney. I advised the attorney that if the flea market reopened we would immediately commence suit. I again recommended that a new application be filed with the Zoning Board, and we understand that will be done. The flea market has not been open since the Labor Day weekend. 4. White Street Antique Store. This situation has not been brought to our attention for any legal action. I conferred with Dick Ward, and it appears he has this matter under control. In my opinion zoning enforcement has not been lax, and the requisite actions have been undertaken in each of the above cases. We would encourage members of the Council and Zoning Board to call us if they are interested in the status of any of these cases. Would you please furnish the Council and Zoning Board members with copies of this letter. Thank you. Ve ours, Richard A. Spokes RAS:mil SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 164 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON, VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL ( 802 ) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL September 26, 1984 David Watts, Esq. Blodgett & Watts 80 St. Paul Street P. 0. Box 8 Burlington, VT 05402-0008 Rev South Burlington v. Racicot Docket No. S533-84cnc Dear Davids U On June 29, 1984, you advised me that within a couple weeks you would LJ provide me information supporting your affirmative defense in the above - referenced action. Please provide this information within the next ten (10) days. If I have not received the information within that time, I will proceed with formal discovery. Very truly yours, Steven F. 8titzel SFS/gmt cc: Mr. Richard Ward May 1, 1984 Spokes, Fbley & Stitzel Attorney Richard Spokes P.O. Box 986 Burlington, Vermont 05401 Re: Racilcot Dear Dick: Enclosed please find copies of letters to Mrs. Racicot along with a petition from the neighbors along Kirby Road. On April 9, 1984 the Zoning Board of Adjustment denied the request by Mrs. Racicot to keep chickens. As of this date she is still in violation. Neighbors are still complaining. Maybe a letter from you will settle this matter. Call me if you have any questions. Very truly, Richard Ward, Zoning Administrative Officer FU/mC9 4 Encls April 17, 1984 Mrs. Madeline Racicot 265 Kirby Road South Burlington, Vermont 05401 Dear Mrs. Racicot: Be advised that your request to keep chickens on your property has been denied by the Zoning Board of Adjustment. The Board finds that the noise and odor is creating problems for the surrounding neighbors. At your request I am enclosing a copy of the petition which was submitted at the meeting. You are presently in violation of the City's zoning regulations. The chickens must be removed from your property. Your failure to do so will only result in the City's havinq to pursue legal remedies. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer •{ • Date J/ / f. / it f 4, or t A4-y-�7 q,!Y LO We, the undersigned, do hereby petition the Zoning Board of the City of South Burlington, Vermont to reject a request for zoning variance made by Mrs. Madeline Racicot of 265 Kirby Road to raise chickens on her lot. We request your consideration on our behalf for the following reasons: A. Decrease in the property values of surrounding homes. B. Constant odor caused by rotting manure and the increased attraction of flies and insects. C. Increase in rats and mice in the surrounding areas. D. Possibility of disease carried by chickens. E. Constant cackling, 24 hours per day. F. Constant nuisance of unattended chickens which escape their penned area. We do not raise these possible future problems as a matter of conjecture, but because we have experienced the aforementioned conditions during the summer of 1983 when Mrs. Madeline Racicot did indeed keep chickens. Name', n Residence 237 5,x-T - d 5 �,L/ od, 54. sec L 4 ; L3 3 i February 27, 1984 Mrs. Madeline Racicot 265 Kirby Road South Burlington, Verjrbnt 05401 Dear Mrs. Racicot: On or about the 31 day of. October 1983 you were informed by this office that you were violating the City Zoning regulations by keeping chickens on your property. As of this date you have failed to take an action to correct the violation. As 1 explained,.if you interd to keep tv- chickens you must wear before the Zoning Board of Adjustment. Failure to take action within ten (10) days Fran receipt of this letter will result in this matter being turned over to the City Attorney for whatever legal action he deems necessary. Very truly, Richard Ward, Zoning Administrative Officer W/TrIcg cc letter #P353 556 283 October 31, 1983 Mrs. Madeline Rtacicot 265 Kirby Road South Burlington, Vermont 05401 Lear Mrs. Racicot: Be advised that you are violating the City's zoning regulations by keeping chickens. This office has received complaints about the odor and the noise resulting from the chickens. City zoning regulations re-clilire that a permit be granted under conditional use provisions by the Zoninq Board of Adjustment. Because you are present- ly in violation you will have ten (10) days in which to take corrective action. You will be requried to either remove the chickens or apply for the necessary approvals. Tf you have any questions please don't hesitate to call ire. Very truly, Richard ',roard, Zoning Administrative Officer RIK/iTcg March 16, 1984 Madel ine Racicot 265 Kirby Road South Burlington, Vermont 05401 Re- Zoning appeal. Dear Mrs. Racicot: Be advised that your zoning appeal for the keeping of chickens on your property will be scheduled to appear before the Zoning Board of P0justltvent on April 9, 1984. Before March 29, 1984 1 will need a copy of a site plan (drawn to scale) showing the location of any buildings }tieing used to house your chickens and also, how the buildings relate to adjoining properties. If you have any questions please don't. hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcg LEGAL NOTICES SOUM 5MCINGTON ZONING NOTICE In acc ondonce with the Sau* Z R and 117, itb �4 the South y.S,As Board of A.� j +I tc i* hearng at the South Our- nsron Municipol Offices. Con- ference Room, 575 Dorset Street, South Burlington, Vermont 15^ 00 P roc �9 the follow- kApped of Madeline L. Rocicot S—k'-9.2G4gand«torKe, from Section S-C" 9.20 Condi- tional uses of the South ro" Ram ions. Request iisf w ipor�m tokeep domestic a!irnOls (chickens) on a tot co^totrena appfoximately one (I) acre, of 765 Kirby Road. 02 Appeal of Aesculapiva Inc., .Dr. Peter Alden, President seek- 19.05, vd Section♦ ��"d0-nol uses subsec- tion 19.056 extension of the South quest B struct ais for 15'x iwlirVton Regulations. Re- psr�rwasion to con- 8' addition to the existing medical center complex, at I Timber Lane. N3 Appeal of Ralph Vey, seek- ng a vOrKNKO, from Section 118'00, Ana, density and dk.- kx" requiremerts of the South f Pe^elssronR6 n t ortcon�st a 281x48, operations b construct ro inckxle a second story dwe M. to unit, which exceeds the maxt- mxmn density at Dorset Commons APIrments, 435 Dorset Street. M� Lk- niv-wty Moll R Trust seekng approval, under Section 22.0p cendryo- nal use of the South toe per- mission two extendtthet commercial I District into the Conservation_ Open Space District up tofifty (50) leer in the vicinity of the (htivenity Mal far the purpose Of ing and cogs, aed at 155 Dorset $tree♦. Richard Ward, MorZ Zoning ddn ioi.wcniw Officer SPOKES, FOLEY & STITZEL ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE P. 0. BOX 986 BURLINGTON. VERMONT 05402-0986 RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL December 10, 1984 Mr. Gary Moreau 255 Kirby Road So. Burlington, VT 05401 Re: City of South Burlington v. Racicot Dear Mr. Moreaus I am in receipt of a petition recently submitted to Mr. Ward regarding the above -referenced matter. I would like to discuss this petition with you at your earliest convenience. Please call my office to arrange a time ® when we can meet. T will look forward to hearing from you in the near future. Very truly yours, Steven F. Stitzel SFS/gmt ccs Mr. Richard Ward ( 802 ) 862-6451 (802) 863-2857 ISAAC N. P. STOKES COUNSEL