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Home My WebLink AboutVR-85-0000 - Supplemental - 0010 Maplewood DriveMICHAEL R. GADUE ATTORNEY AT LAW 110 MAIN STREET • BURLINGTON. VERMONT 05401 • E02.858.8417 November 14, 1985 Mr. Richard Ward Zoning Administrator City of South Burlington City Hall 575 Dorset Street South Burlington, Vermont 05401 Dear Mr. Ward: Please be advised that I represent Judy Goodyear, the owner of 8 Maplewood Drive, South Burlington, Vermont. Ms. Goodyear informs me that Franklin D. Bessette of 10 Maplewood Drive has made application for a zoning variance and multiple use to allow of the conversion of a garage to be utilized for an engine repair shop and sales and service of lawn mowers, etc. My client, Ms. Goodyear, wishes to go on record opposing the granting of this particular variance, primarily for the following reasons: 1. It would seem clear that the addition of a home occupation with people coming and going, not only to obtain repaired engines but also to shop and browse for items carried in retail sales, would add an unreasonable congestion to the area. 2. Obviously, the area is a residential area and the use of an engine repair shop including sales and services is not the usual home occupation that will not impact upon the external appearance and use of the property. Rather, this kind of usage, even if permitted by a broad construction of the applicable zoning ordinances, will seriously alter the character of the street which has been heretofore strictly residential. 3. Ms. Goodyear contends, and I think validly so, that the value of the properties in the area will be substantially reduced by the external Mr. Richard Ward page 2 appearance created by an engine repair shop and an apparent retail establishment selling and servicing lawn mowers, etc. 4. Specifically, in light of the rather large Bessette family and the already substantial demands for parking, ingress and. egress, it is suggested that an additional granting of a variance would create a substantial traffic and/or parking problem which cannot adequately be addressed without substantial negative impact upon the surrounding property owners. 5. Ms. Goodyear indicates to me that the garage which she believes is the planned site for engine repair is located approximately 12 to 15 feet from her own house and is closest to her bedroom. The problem therein is that Ms. Goodyear is a registered. nurse who works at the Medical Center Hospital of Vermont often working evening shifts. The result is that during those occasions when she is at home she does need to be able to have some assurance that she can catch up on her sleep and it certainly is expected that the use of the garage for engine repair might on occasion be disruptive because of the noise and requirement to test engines. If by chance it would be helpful for me to appear on Ms. Goodyear's behalf I would be more than happy to do so, and we would ask that you give full consideration to the above factors in regard to your review of the proposed variance. Thank you for your time and attention in this matter. Very truly yours, /��--- Micha 1 R. Gadue, Esq. MRG/elr cc: Judy Goodyear r11GHAEL R. GADUE ATTORNEY AT LAW 110 MAIN STREET • BURLINGTON. VERMONT 05401 • 002.050-0417 November 14, 1985 Mr. Richard Ward Zoning Administrator City of South Burlington City Hall 575 Dorset Street South Burlington, Vermont 05401 Dear Mr. Ward: Please be advised that I represent Judy Goodyear, the owner of 8 Maplewood Drive, South Burlington, Vermont. Ms. Goodyear informs me that Franklin D. Bessette of 10 Maplewood Drive has made application for a zoning variance and multiple use to allow of the conversion of a garage to be utilized for an engine repair shop and sales and service of lawn mowers, etc. My client, Ms. Goodyear, wishes to go on record opposing the granting of this particular variance, primarily for the following reasons: 1. It would seem clear that the addition of a home occupation with people coming and going, not only to obtain repaired engines but also to shop and browse for items carried in retail sales, would add an unreasonable congestion to the area. 2. Obviously, the area is a residential area and the use of an engine repair shop including sales and services is not the usual home occupation that will not impact upon the external appearance and use of the property. Rather, this kind of usage, even if permitted by a broad construction of the applicable zoning ordinances, will seriously alter the character of the street which has been heretofore strictly residential. 3. Ms. Goodyear contends, and I think validly so, that the value of the properties in the area will be substantially reduced by the external k�ji��! r.�:...�.1.W<aalo�y�ia. K+r; �,pAt191p;<ts, ,u1��c• .. n7^ "1„+1+r ,a,,.nrar, •.rtk-:A`'Ns�U�dM`f! ... .. Mr. Richard Ward Page 2 appearance created by an engine repair shop and an apparent retail establishment selling and servicing lawn mowers, etc. 4. Specifically, in light of the rather large Bessette family and the already substantial demands for parking, ingress and egress, it is suggested that an additional granting of a variance would create a substantial traffic and/or parking problem which cannot adequately be addressed without substantial negative impact upon the surrounding property owners. 5. Ms. Goodyear indicates to me that the garage which she believes is the planned site for engine repair is located approximately 12 to 15 feet from her own house and is closest to her bedroom. The problem therein is that Ms. Goodyear is a registered nurse who works at the Medical Center Hospital of Vermont often working evening shifts. The result is that during those occasions when she is at home she does need to be able to have some assurance that she can catch up on her sleep and it certainly is expected that the use of the garage for engine repair might on occasion be disruptive because of the noise and requirement to test engines. If by chance it would be helpful for me to appear on Ms. Goodyear's behalf I would be more than happy to do so, and we would ask that you give full consideration to the above factors in regard to your review of the proposed variance. Thank you for your time and attention in this matter. Very truly yours, Micha 1 R. Gadue, Esq. MRG/elr cc; Judy Goodyear I M E M O R A N D U M TO: South Burlington Zoning Board of Adjustment FROM: South Burlington City Council RE: Zoning Agenda November 18, 1985 (Appeals #3 & 4) DATE: November 6, 1985 At the City Council Meeting of November 4, 1985, during the review of the ZBA Agenda for November 18, 1985, the Council expressed their concern for the following appeals: ko #3. Franklin Bessette, 10 Maplewood Drive - Operating a small engine repair and sale of power lawn mowers and snow blowers, would alter the character of this residential area. #4. Champlain Oil Company, 354-356 Dorset Street - The Council objected to a similar proposal (gas station - convenience store) when it was presented several months ago in the same area and for the same reasons. The Council also recommends that the Board get input from the Dorset Street Committee on this proposal. Nov. ll,1085 Mr. Ward, I am writing; this letter in regard to the request by "fir Frpnk Bessette to operate a small engine repair shop and Sales and service of snowblowers at his home on 10 Maplewood Drive.My husband wrote a letter saying we didn,t object, however, at no time was anything said about Sales and service of snowbloblowers. We feel that he mis- represented his intentions and we are withdrawing our support for such a business. A small repair shop in his garage that would in no way seem like a commercial establishment is quite a bit different than a Sales and service for snowblowers. The noise and the amount of space needed would certainly change the whole nature of a resi- dential street. This man is not especially well thought of as e considerate neighbor who would attempt to keep noise and. business hours at a tolerable level. We would be most unhappy if this were approved. However, a small engine repair shop, with no noticable business setting would be acceptable, with the understanding that it would remain just that. f V / �_C- i November 11, 1985 Mr. Richard Ward .Zoning Administrator 575 Dorset Street South Burlington, Vermont 05401 Dear PJr. "lard, This letter is in regard to Mr. Franklin D. Bessette's petition to operate a small engine repair shop in conjunction with the sales and service of lawn mowers and snow blowers at his residence at 10 Maplewood Drive. When he approached me for permission to open such a shop, he neglected to mention that he was also going in the selling end of such a venture. Dince this has come to my attention thhough your notice, I feel that I can no longer agree to such a petition and there- fore withdraw my approval. JHG : mg Sincerely, Mr: Joseph H. Gay 45 Berkley St. South Burlington, Vt. 05401 Se-14, 13, OC/ J if&5- .36 7-0 W � O ►yl haves 140 o�lecfiovt /-z) F✓crl� g,.sse hav'"G (9 Z-7mIt p�� the sera it of %( S oii lNt. �3 titw�lewoo� Dr UNIVERSITY ASSOCIATES IN REHABILITATION, INC. REHABILITATION MEDICINE SECTION PHYSICAL & OCCUPATIONAL THERAPY SECTION 1 South Prospect Street 305 Rowell Building Burlington, Vermont 05401 University of Vermont Phone: (802) 656-4505 Burlington, Vermont 05401 Phone: (802) 656-3252 Raymond L. Milhous, M.D. Arnold Golodetz, M.D. Dorothy E. Ford, M.D. Johanna Ruess, M.D. Samuel B. Feitelberg, PT TO WHOM IT MAY CONCERN October 4, 1985 Franklin Bessette Sr. 10 Maplewood Drive S. Burlington, VT Franklin Bessette is an appropriate candidate to work on small engine repair in his own home. He continues to have back pain and has limited lifting capacity. He needs to get up and move around every 30 minutes to 1 hour. Sincerely, Johanna Ruess, M.D. JR:jcp November 4, 1985 Mr. Franklin Bessette 10 Maplewood Drive South Burlington, Vermont 05401 Re: Zoning appeal Dear Mr. Bessette: Be advised that the South Burlington Zoning Board of Adjust- ment will hold a public hearing at the City Offices Conference Room, 575 Dorset Street on Monday, November 18, 1985 at 5:00 P.M. to consider your zoning application. Please plan to attend this meeting. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SOUTH BURLINGTON ZONING NOTICE In accordance with the South Burlinggton Zoning Regulations and Chopter 117, Title 24 V.S.A. the South Burlington Zoning Board of Adjustment will hold a public hearing at the South Bur. lington Municipal Offices, Can. ! lerence Room, 575 Dorset iStreet, South Burlington, Vermont on Monday, November 18, 1985. at 5:00 P.M. to consider the following: I Appeal of Alex Rose and Eugene Beaudry seeking appro• vol from Section 13.20, Conditio- nol use of the South Burlington Regulations. Request is for per- mission to convert an existing auto parts sales business and o residential unit into a recre. ationol vehicle sales and service business, in conjunction with a kennel and other light manufac- turing business, located at 3060 Williston Road. 02 Appeal of Alice C. Stead and W. Dona Flanders seeking a vo. r i a n c e from Section 18.00/18.105, Dimensional re- quirements of the South Burling- ton Regulations. Request is for permission to demolish an exist. ing cottage and replace with a single-family dwelling on a lot containing 15,D00 square feet, said structure to be located to within fifty-eight (58) feet of the Lake Champlain high water level and within twelve (1 2) feet of the northerly side yard and eight (8) feet of the southerly side yard of 62 Bartlett Say Road. e3 Appeal of Franklin D. Bes• sefte seeking a variance from Section 9.10, Permitted uses and Section 19.65 Multiple Use of the South Burlington Regulations. Re- quest is for permission to oper. ote a small engine repair shop and the sales and service of lawn mowers and snow blowers in conjunction with o single-fami- ly dwelling on o lot containing approximately 12,862 square feet, located at 10 Maplewood Drive. +4 Appeal of Champlain Oil Company, C.A. Corins seekingg approval from Section 12.20 Conditional uses, Section 19.65 Multiple use and Section 18.00 Dimensional requirements of the South Burlington Regulations. Re. quest is for permission to con. struct a convenience store with yosoline pumps, on a lot 100' x 75'• a 44' x 52' canopy to within thirty five (351 feet of the required front yard. Request an additional building 64' x 70' to be occupied as a professional office complex on a lot con- taining acres presently occu - pied dith o storage -distribution facility, proposed being a mul. tiple use on two parcels of land I! located at 354-356 Dorset i Street. Richard Ward Zoning Administrative Officer I November 2, 1985 WILLISTON ZONING BOARD OF NOTICE OF APPEAL SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT Name, address and telephone # of applicant�'—AA, YLiz%lam !/ /,?&7 J f lL 0, G 17`' 7` f!`� 4z Ci I Cm /' 5 Name, address of property owner ��fi'/l�/f�j (�. / �f/ � i i I'-�1 �' 74 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 Do not 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 Dorset Street, South Burlington, Vermont on at (day of week) (month and date) time to consider the following: Appeal of � seeking a (JQ/1 e� from Section , of the South Burlington Regulations. Request is for permission to G�2�r-�,�.,.,,,•, a l02, [�; G L �o�-�-�-.�2..p ,c-.c-c-�, �-�c,¢�...u? .a�" �ir� �v n-c� c� e�- � .� ` d �Q,ta' /�'�'a�' �� . �'-�, � �s .�� ,� �� . �� / / 4CFiGt/U��t xL G D / W INDICATE I DATE JOB NORTH