Development Review Board — Burlington, VT
Date: 2026-05-19
Time: 17:00

Development Review Board
 Tuesday, May 19, 2026, 5:00 PM

645 Pine Street, Front Conference Room or Remote on Zoom:
Please click the link below to join the webinar:
Zoom: https://us02web.zoom.us/j/83225696227?pwd=SGQ0bTdnS000Wkc3c2J4WWw1dzMxUT09
Webinar ID: 832 2569 6227
Passcode: 969186
Telephone: US +1 929 205 6099 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782
or +1 346 248 7799
1. Agenda

2. Communications

3. Minutes

4. Consent
 4.1. ZP-26-159; 1127 North Avenue (NAC, Ward 4) Hauke Building Supply, Inc. / David Hauke
 Conditional use to expand existing North End Brew Pub into 1,200 sq. ft. of existing space. (Project
 Manager, Scott Gustin)

5. Public Hearing
 5.1. ZAP-26-4; 88 Lafountain Street (RM, Ward 2) SWB, LLC / Michael Alvanos
 Appeal of administrative denial of ZP-26-78 for the after-the-fact installation of gravel for driveway.
 (Project Manager, Scott Gustin)
 5.2.
 ZAP-26-5; 261 South Winooski Avenue (RM, Ward 6) Field Stone Property Management, LLC / Ryan
 Field
 Appeal notice of zoning violation for unpermitted window replacement. (Project Manager, Collin
 Naheedy)

6. Adjournment

7. Informational and Non-Discrimination Statements
 7.1.
 Plans may be viewed upon request by contacting the Department of Permitting & Inspections at (802) 865-7188 between the hours of
 8:00 a.m. and 4:30 p.m. Participation in the DRB proceeding is a prerequisite to the right to take any subsequent appeal. Please note
 that ANYTHING submitted to the Zoning office is considered public and cannot be kept confidential. This may not be the final order in
 which items will be heard. Please view final Agenda, at https://burlingtonvt.portal.civicclerk.com/ or the office notice board, one week
 before the hearing for the order in which items will be heard.
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color,
national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive
status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and
employment opportunities. For accessibility information or alternative formats, please contact Human Resources Department at (802) 540-
2505.

Development Review Board
 Tuesday, May 19, 2026, 5:00 PM

645 Pine Street, Front Conference Room or Remote on Zoom:
Please click the link below to join the webinar:
Zoom: https://us02web.zoom.us/j/83225696227?pwd=SGQ0bTdnS000Wkc3c2J4WWw1dzMxUT09
Webinar ID: 832 2569 6227
Passcode: 969186
Telephone: US +1 929 205 6099 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782
or +1 346 248 7799
1. Agenda

2. Communications

3. Minutes

4. Consent
 4.1. ZP-26-159; 1127 North Avenue (NAC, Ward 4) Hauke Building Supply, Inc. / David Hauke
 Conditional use to expand existing North End Brew Pub into 1,200 sq. ft. of existing space. (Project
 Manager, Scott Gustin)

5. Public Hearing
 5.1. ZAP-26-4; 88 Lafountain Street (RM, Ward 2) SWB, LLC / Michael Alvanos
 Appeal of administrative denial of ZP-26-78 for the after-the-fact installation of gravel for driveway.
 (Project Manager, Scott Gustin)
 5.2.
 ZAP-26-5; 261 South Winooski Avenue (RM, Ward 6) Field Stone Property Management, LLC / Ryan
 Field
 Appeal notice of zoning violation for unpermitted window replacement. (Project Manager, Collin
 Naheedy)

6. Adjournment

7. Informational and Non-Discrimination Statements
 7.1.
 Plans may be viewed upon request by contacting the Department of Permitting & Inspections at (802) 865-7188 between the hours of
 8:00 a.m. and 4:30 p.m. Participation in the DRB proceeding is a prerequisite to the right to take any subsequent appeal. Please note
 that ANYTHING submitted to the Zoning office is considered public and cannot be kept confidential. This may not be the final order in
 which items will be heard. Please view final Agenda, at https://burlingtonvt.portal.civicclerk.com/ or the office notice board, one week
 before the hearing for the order in which items will be heard.




 Page 1 of 55
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color,
national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive
status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and
employment opportunities. For accessibility information or alternative formats, please contact Human Resources Department at (802) 540-
2505.




 Page 2 of 55
Department of Permitting & Inspections William Ward, Director
 Scott Gustin, AICP, CFM, Principal Planner
Zoning Division Mary O’Neil, AICP, Principal Planner
645 Pine Street Kirk Dressing, Associate Planner
Burlington, VT 05401 Joseph Cava, Permit Technician
Telephone:(802) 865-7188 Collin Naheedy, Code Compliance Officer




 TO: Development Review Board
 FROM: Scott Gustin
 DATE: May 19, 2026
 RE: ZP-26-159; 1127 North Avenue
 ======================================================================
 Note: These are staff comments only; decisions on projects are made by the Development
 Review Board, which may approve, deny, table or modify any project. THE APPLICANT OR
 REPRESENTATIVE MUST ATTEND THE MEETING.

 Zone: NAC Ward: 4

 Owner/Applicant: Hauke Building Supply, Inc / David Hauke

 Request: Proposed expansion of existing North End Brew Pub into 1,200 sq. ft. space previously
 occupied by Burlington Barber Shop.

 Applicable Regulations:
 Article 3 (Applications, Permits, & Project Reviews), Article 6 (Development Review Standards)

 Background Information:
 The applicant is requesting approval to expand brewing capacity for the existing North End Brew
 Pub into adjacent commercial space. The brewing activity falls within “food and beverage
 processing” in Appendix A – Use Table of the Comprehensive Development Ordinance and requires
 conditional use review in this zoning district. Almost all of the work is interior. The only exterior
 change is the installation of a new overhead door into the space.

 Previous zoning actions for this use are noted below.
  5/31/16, Approval for microbrewery signage.
  3/23/16, Approval to establish a microbrewery in former tanning space.

 Recommendation: Consent approval as per, and subject to, the following findings and conditions:

 I. Findings
 Article 3: Applications, Permits, and Reviews
 Part 5, Conditional Use & Major Impact Review:
 Section 3.5.6 (a) Conditional Use Review Standards
 Approval shall be granted only if the DRB, after public notice and public hearing, determines that
 the proposed conditional use and associated development shall not result in an undue adverse effect
 on each of the following general standards:

  1. Existing or planned public utilities, facilities or services are capable of supporting the proposed
 use in addition to the existing uses in the area;




 Page 3 of 55
The entire shopping center wherein the brew pub is located is served by city water and wastewater.
The Department of Public Works, Water Resources Division, has submitted comments and related
documentation relative to this application. Breweries produce high strength wastewater. Follow up
coordination with the Water Resources Division will be required. Water and wastewater impact
fees, as determined by Water Resources, will also likely be required within 30 days of issuance of
the related building permit. (Affirmative finding as conditioned)

2. The character of the area affected as defined by the purpose or purposes of the zoning district(s)
 within which the project is located, and specifically stated policies and standards of the
 municipal development plan;

The subject property is located within the Neighborhood Activity Center zone and is comprised of
a wide variety of commercial uses. The existing 1,800 sf brew pub will expand by 1,200 sf within
existing commercial space. Minimal exterior alteration is proposed. The use is permissible via
conditional use approval and is consistent with the character of the shopping center and of the NAC
district generally. (Affirmative finding)

3. The proposed use will not have nuisance impacts from noise, odor, dust, heat, and vibrations
 greater than typically generated by other permitted uses in the same zoning district;

No perceptible impacts from odor, noise, dust, heat, or vibrations are anticipated as a result of the
1,200 sf interior expansion. (Affirmative finding)

4. The transportation system is capable of supporting the proposed use in addition to the existing
 uses in the area. Evaluation factors include street designations and capacity; level of service
 and other performance measures; access to arterial roadways; connectivity; transit availability;
 parking and access; impacts on pedestrian, bicycle and transit circulation; safety for all modes;
 and adequate transportation demand management strategies;

No traffic analysis has been provided, or is required for, this application. The proposed expansion
is related to increased brewing capacity. No expansion in days and hours of operation are proposed,
nor is any expansion in patron capacity. (Affirmative finding)

 and,
5. The utilization of renewable energy resources;

Nothing within the application will preclude the use of wind, solar, geothermal, or other renewable
energy resource. (Affirmative finding)

 and,
6. Any standards or factors set forth in existing City bylaws and city and state ordinances;

The expanded brew pub will need to comply with applicable city bylaws and state ordinances,
including, but not limited to, wastewater standards. (Affirmative finding as conditioned)

Article 6: Development Review Standards
Part 3, Architectural Design Standards
Sec. 6.3.2, Review Standards
ZP-26-159 pg. 2 of 3

 Page 4 of 55
The only exterior change is a new overhead door on the eastern façade. The door is similar to one
already in place and is acceptable. (Affirmative finding)

II. Conditions of Approval

  1. Follow up coordination with the Water Resources Division as to wastewater discharge is
 required.
  2. Impact fees may be due within 30 days of issuance of the related building permit, as
 determined by the Water Resources Division of the Department of Public Works based on
 water and wastewater flows.
  3. Standard Conditions 1-15.




ZP-26-159 pg. 3 of 3

 Page 5 of 55
 ETHAN ALLEN SHOPPING CENTER
 NORTH END BREW PUB
 PROJECT LOCATION

 SYMBOL LEGEND

 PROJECT LOCATION: WALL TAG 1i WALL TYPE




 1127 North Avenue, Suite 8 WINDOW TAG




 SCOTTPARTNERS.COM
 1t WINDOW TYPE




 SCOTT + PARTNERS
 Burlington, VT 05408


 7 CARMICHAEL ST. ESSEX JUNCTION, VT 05452
 DOOR TAG 111 DOOR NUMBER



 ROOM TAG Room name ROOM NAME




 ARCHITECHTURE
 101 ROOM NUMBER




 F 802.872.2764
 Owner 150 SF AREA
 Hauke Building Supply, Inc.
 1127 North Avenue
 Burlington, VT 05408
 P: (802) 658-6688 SECTION MARK
 SIM
 E: dhaukevt@comcast.net 1 DRAWING NUMBER
 Contact: David Hauke



 P 802.879.5153
 A101 SHEET NUMBER




S:\1-S+P-Projects\1-COMMERCIAL\HAUKE Development\North Ave\Building G_Timberlane Dental\Suite 8_North End Brew Pub\drawings\Revit\NORTH END BREW PUB_R25.rvt
 Architect
 Scott + Partners, Inc.
 7 Carmichael Street, Suite 102
 EXTERIOR ELEVATION 1 DRAWING NUMBER
 Essex, VT 05452
 P: (802) 879-5153 A4.1 SHEET NUMBER
 E: jessica@scottpartners.com
 Contact: Jess Gasek


 Note: This drawing package is for architectural scope only. Any required Civil, Structural, INTERIOR ELEVATION 1 DETAIL NUMBER, TYP
 Mechanical, Electrical, Plumbing, or Fire Protection work to be managed by the Owner.
 1 DRAWING NUMBER
 4 2
 A8.1 SHEET NUMBER




 NORTH END BREW PUB
 3


 DETAIL SECTION SIM
 1 DRAWING NUMBER
 A101 SHEET NUMBER



 FLOOR FINISH TAG

 project address:
 Floor Floor
 Material Material FLOOR MATERIAL




 DETAIL SIM



 1127 NORTH AVENUE, SUITE 8
 DRAWING NUMBER
 1
 A101
 SHEET NUMBER
 DRAWINGS:
 project name: BURLINGTON, VT 05408
 A1 LIFE SAFETY CODE SUMMARY
 A2 FLOOR PLANS




 scale: 1/4" = 1'-0"
 project no. 16-1123
 checked by: KT
 drawn by: JLG
 proj. date: 04/08/26
 sheet date: 04/08/26
 No Date Revisions




 sheet title:
 COVER SHEET




4/8/2026 1:16:00 PM
 CONSTRUCTION PERMIT SET 04/07/2026
 sheet no.


 A0
 CONSTRUCTION PERMIT SET
 04/08/26


 Page 6 of 55
 SCOTTPARTNERS.COM




 SCOTT + PARTNERS

 7 CARMICHAEL ST. ESSEX JUNCTION, VT 05452
 ARCHITECHTURE F 802.872.2764




 P 802.879.5153




S:\1-S+P-Projects\1-COMMERCIAL\HAUKE Development\North Ave\Building G_Timberlane Dental\Suite 8_North End Brew Pub\drawings\Revit\NORTH END BREW PUB_R25.rvt
 EXISTING 1-HR RATED DEMISING WALLS -
 CONFIRM INTEGRITY DURING CONSTRUCTION -
 PATCH AND FIRE SEAL ANY CRACKS, GAPS, 250' MAX ALLOWED TRAVEL DISTANCE
 HOLES OR UNSEALED PENETRATIONS 100' MAX ALLOWED COMMON PATH OF TRAVEL
 50' MAX ALLOWED DEAD END CORRIDOR




 NORTH END BREW PUB
 TIMBERLANE PEDIATRICS
 SUITE 1




 WH
 92' 60'
 SNAP
 FITNESS
 EXISTING BUSINESS

 project address:
 SUITE 2
 ELECTRIC METERS OCCUPANCY
 AND PANELS
 680 SF
 EXPANDED GENERAL NO CHANGE TO EXISTING OCCUPANT LOAD:
 INDUSTRIAL OCCUPANCY - NO WORK - 45 PEOPLE


 1127 NORTH AVENUE, SUITE 8
 1,200 SF
 EXISTING GENERAL
 OCCUPANT LOAD:
 INDUSTRIAL OCCUPANCY
 12 PEOPLE


 project name:
 1,120 SF


 BURLINGTON, VT 05408
 802 BWS
 OCCUPANT LOAD:
 FACP
 SUITE 5 11 PEOPLE


 EXIT EXIT
 scale: As indicated
 project no. 16-1123
 SCOPE OF WORK EXISTING TO REMAIN checked by: KT
 TIMBERLANE
 DENTAL drawn by: JLG
 SUITE 7 TOTAL PROPOSED GENERAL proj. date: 04/08/26
 INDUSTRIAL OCCUPANCY
 sheet date: 04/08/26
 2,320 SF
 OCCUPANT LOAD: 23 PEOPLE No Date Revisions
 PAMPERED
 WH
 FIRE BARRIER RATING DESIGNATION
 PET
 GROOMING
 SUITE 10 NORTH END
 BREW PUB TENANT SPACE LIFE SAFETY PLAN
 SUITE 8 2 1 HOUR FIRE RATED BARRIER
 1/8" = 1'-0"

 EXISTING PRODUCTION SPACE: 1,120 SF EXISTING LEASE SPACE: 1,800 SF EXIT EXIT sheet title:
 ADDITIONAL PRODUCTION SPACE:
 TOTAL PRODUCTION SPACE:
 1,200 SF
 2,320 SF
 ADDITIONAL LEASE SPACE:
 TOTAL LEASE SPACE:
 1,200 SF
 3,000 SF
 FT
 LIFE SAFETY
 BUILDLING G KEY PLAN
 TRAVEL DISTANCE
 CODE SUMMARY
 1 NOTE: LEASE SPACE IS MEASURED FROM THE
 1/32" = 1'-0" CENTERLINE OF DEMISING WALLS, THE INTERIOR FACE
 TOTAL BUILDING AREA = 34,000 SF OF EXTERIOR WALLS WHERE FENESTRATION < 50%,




4/8/2026 1:16:02 PM
 AND THE CENTERLINE OF EXTERIOR WALLS WHERE
 FENESTRATION > 50%.
 sheet no.


 A1
 CONSTRUCTION PERMIT SET
 04/08/26


 Page 7 of 55
 F E D F E D F E D C B A
 EXISTING 1-HR RATED FURNITURE BY
 DEMOLISH WASHER/ DRYER UNIT ASSEMBLY - FIRE SEAL ANY TENANT
 GAPS, CRACKS, HOLES OR
 PENETRATIONS
 EXISTING UTILITY SINK, AND EXISTING SINK AND
 WATER HEATER TO REMAIN TOILET TO REMAIN


 3 3 3
 WH WH
 12' - 0" OFFICE TOILET
 DEMO PORTION OF WALL 03 02
 TO ACCOMMODATE NEW
 DOOR 112 SF 40 SF
 WALK-IN COOLER EXISTING TO REMAIN
 - NO WORK -
 05
 12' - 0" 2
 3' - 4" 144 SF

 4"
 NEW 3'-0" WIDE DOOR -
 1
 DEMOLISH DOOR PATCH WALL, MATCH HEIGHT TO MATCH
 AND WALL EXISTING ADJACENT FINISH EXIST ADJACENT
 WORK AREA
 DEMOLISH WALLS DEMOLISH
 IN THEIR ENTIRETY SINKS AND ALL
 ASSOCIATED
 EXPANDED
 PLUMBING PROVIDE NEW FLOORING TO PRODUCTION
 01 KEY PLAN
 MATCH EXISTING PRODUCTION 3
 ROOM FLOORING 1/16" = 1'-0"
 839 SF
 2 2
 4"


 DEMOLISH FLOOR DEMOLISH TANKS AND BREWING PATCH WALL,
 4' - 2"
 PORTION OF WALL EQUIPMENT BY TENANT TRENCH DRAIN - COORD W/ MATCH EXISTING
 FINISHES THROUGHOUT PLUMBING CONTRACTOR ADJACENT FINISH

 DEMOLISH CEILINGS AND LIGHT DEMOLISH SINK AND
 FIXTURES THROUGHOUT ALL ASSOCIATED
 PLUMBING
 ± 8' - 10"


 1 1


 SCOTTPARTNERS.COM




 SCOTT + PARTNERS

 7 CARMICHAEL ST. ESSEX JUNCTION, VT 05452
 SCOPE OF WORK EXISTING TO REMAIN SCOPE OF WORK EXISTING TO REMAIN



 NEW 8'x8' OH DOOR -
 MATCHING EXISTING AT 5
 DEMOLISH LAST (2) SECTIONS EXISTING STOREFRONT




 ARCHITECHTURE
 OF STOREFRONT TO AND DOOR TO REMAIN NORTH-EAST CORNER
 ACCOMMODATE NEW OH DOOR A2




 F 802.872.2764
 DEMOLITION PLAN PROPOSED FLOOR PLAN
 1 2
 3/16" = 1'-0" 3/16" = 1'-0"




 P 802.879.5153




S:\1-S+P-Projects\1-COMMERCIAL\HAUKE Development\North Ave\Building G_Timberlane Dental\Suite 8_North End Brew Pub\drawings\Revit\NORTH END BREW PUB_R25.rvt
 WALK-IN
 COOLER


 EXISTING ACT
 SYSTEM TO REMAIN




 NORTH END BREW PUB
 project address:
 EXISTING DRYWALL
 CEILING TO REMAIN




 1127 NORTH AVENUE, SUITE 8


 project name: BURLINGTON, VT 05408
 GENERAL NOTES:
 1. GENERAL CONTRACTOR TO FIELD VERIFY ALL DIMENSIONS IN THE FIELD AND
 REPORT ANY DISCREPANCIES TO THE ARCHITECT PRIOR TO STARTING ANY WORK.
 LIGHTING NOT SHOWN - ANY
 REFLECTED CEILING PLAN DIMENSIONS TO EXISTING CONSTRUCTION SHALL BE TO FACE OF SURFACE
 4 MODIFICATIONS TO BE DESIGN-BUILD.
 MATERIAL, UNLESS OTHERWISE NOTED OR INDICATED.
 3/16" = 1'-0"
 2. DIMENSIONS TO NEW CONSTRUCTION SHALL BE TO FACE OF STUD OR FRAMING, scale: As indicated
 UNLESS OTHERWISE NOTED OR INDICATED.
 project no. 16-1123
 3. PATCH AND REPAIR ALL SURFACES/MATERIALS THAT ARE DAMAGED BY
 DEMOLITION. PATCH AND REPAIR ANY CRACKS, DINGS, HOLES, ETC., NOT RELATED checked by: KT
 TO DEMOLITION, AT ALL EXPOSED SURFACES SCHEDULED TO BE PAINTED. drawn by: JG
 4. ALL NEW GWB WALLS SHALL BE FULL HEIGHT, FROM SUBFLOOR TO UNDERSIDE OF proj. date: 04/08/26
 STRUCTURE ABOVE. UNLESS NOTED OR OTHERWISE INDICATED.
 sheet date: 04/08/26
 5. ALL NEW GWB WALLS SHALL BE TAPED, SMOOTH FINISHED, AND PAINTED W/ (1) No Date Revisions
 COAT OF LATEX PRIMER AND (2) COATS OF LATEX EGGSHELL PAINT, COLORS TO
 BE SELECTED BY ARCHITECT.

 6. CONTRACTOR SHALL COMPLETELY PAINT ALL ROOMS WITH ANY NEW WORK
 OCCURRING IN THEM UNLESS NOTED OTHERWISE.

 7. ALL FIRE RATED WALL AND DECK PENETRATIONS TO BE FIRE SEALED AND DRAFT
 STOPPED.

 8. ALL FLOOR/CEILING (DECK) ASSEMBLIES TO BE SMOKE TIGHT. SEAL ALL HOLES, sheet title:
 GAPS AND AROUND ALL EXISTING AND NEW PENETRATIONS.
 FLOOR PLANS
 NEW 8' x 8' OH DOOR DEMO EXISTING STOREFRONT
 SYSTEM - INFILL EXTERIOR WALL
 AROUND NEW OH DOOR, MATCH




4/8/2026 1:16:03 PM
 EXISTING ADJACENT WALL
 CONSTRUCTION sheet no.


 A2
 CONSTRUCTION PERMIT SET
 PARTIAL EXTERIOR ELEVATION
 5
 3/16" = 1'-0" 04/08/26


 Page 8 of 55
Date: 5/8/2026
Re: Burlington Water Resources comments to the DRB regarding the proposed expansion of the Upper
Pass pub/brewery into the adjacent 1,200 square foot commercial space located as 1127 North Avenue.

 1. See attached for a recent email to Businesses and Industrial customers related to an update on
 the Industrial Pollution Prevention Program which is applicable to breweries.

 2. Burlington Water Resources review and approval of plans as well as inspection and testing of
 infrastructure is required. The development team shall ensure Burlington’s water infrastructure
 construction standards are met. The following link has additional information about water
 connections in Burlington:
 https://www.burlingtonvt.gov/340/Connection-Requirements

 3. The development team shall work with Water Resources to satisfy all parts of the latest version
 of the Capacity Review Checklist which is attached. The development team is expected to work
 with Water Resources to resolve comments associated with the review process.

 4. The development team shall work with Water Resources to satisfy all parts of the latest version
 of the Water System and Sewer System Checklist which is attached. The development team is
 expected to work with Water Resources to resolve comments associated with the review
 process.

 5. Development team shall provide record drawings stamped by a PE. The record drawings shall
 include detailed mechanical drawings.

 6. Testable backflow preventers appropriate for the level of risk based on the proposed use of the
 buildings shall be installed on water services 1.5” diameter and larger. All fire suppression
 systems shall include backflow prevention devices.

 7. Fire suppression system shall be designed by a licensed designer. Fire flows shall be approved
 by the Burlington Fire Marshall and Burlington Water Resources. Peak instantaneous fire flow
 and hydrant flow testing data is required prior to approval and installation of fire services.

 8. Water meter shall be sized appropriately for the proposed building and the meter shall be
 installed by Water Resources in accordance with the manufacturer’s guidelines. Project team to
 provide fixture units and mechanical drawing showing the location and layout of water service
 entry, meter and backflow prevention devices.




5/8/2026 BWR - Upper Pass brewery expansion.

 Page 9 of 55
Martin Lee

From: Megan Moir
Sent: Monday, April 20, 2026 4:39 PM
To: Megan Moir
Cc: Michael Schramm; Robert Goulding; Seth Kuchenbecker; Amelia McClure; Eleonore
 Walker; Jessica Lavalette; Chapin Spencer
Subject: Update on Industrial Pollution Prevention Program
Attachments: Proposed SUO Revisions_Clean.pdf



Dear Business Owner,

I’m writing to give you an update on the City of Burlington’s efforts to launch a local Industrial Prevention
Pollution Program that will ensure that all discharges to the City’s wastewater system are compliant with
State (10 VSA §1263) and Federal Law (40 CFR Part 403). The timing of this update is relevant for a few
reasons – chief among them:
 1. As part of a grant we received to support compliance with these State and Local regulations,
 we are required to advance several updates to our Sewer Use Ordinance (see more below)
 2. We have been working with the State Legislature to update 10 VSA 1263 so that compliance
 with the above State and Federal regulations can be addressed at the municipal level in
 Burlington vs. permitting by the State.
 It is important that you know that neither of these updates create any immediate changes for you or your
facility. However, as they are part of a larger trajectory that will involve your cooperation and compliance, we
wanted to make sure you were aware of them.

In the recent year, the Vermont Department of Environmental Conservation (VTDEC) has made it clear to the
Burlington Water Resources Division (BWRD), as the holder of the discharge permits for our City’s
Wastewater Treatment Plants, that industrial users in Burlington will need to fully comply with all applicable
State and Federal laws. While they have not established a definitive timeline, it is BWRD’s understanding
that there needs to be movement towards correcting any gap no matter the regulatory framework.

As you may or may not recall through past conversations with BWRD or our consultant Hoyle Tanner, it is a
regulatory requirement that the following types of industrial users be reviewed and, in many cases, ultimately
be regulated by facility specific pre-treatment permits that establish limits and other requirements regarding
the amount of pollutants that can be discharged to the wastewater system:

 1. industrial users who discharge or have the potential to discharge certain pollutants (e.g. heavy
 metals etc.) that may harm the wastewater facility; and/or
 2. industrial users who discharge or have the potential to discharge significant volumes of high
 strength (containing organic material which has high biological oxygen demand - BOD)
 wastewater that may harm the wastewater facility.
These determinations and any resulting permit requirements are different from the biological oxygen
demand (BOD) surcharge fee agreements that are in place for many of you.

Local Pre-treatment Program vs. State Regulation of Burlington Industrial Users
The City has also been working with VTDEC and the Legislature to develop a mechanism that would
authorize the State to delegate the administration of pre-treatment requirements to a municipal wastewater
 1


 Page 10 of 55
utility. This is the model followed in many other states. It has the benefits of reducing the need for
duplicative review, permitting and fees and maintaining a direct relationship to maximize collaboration
between utility operations and technical staff and the municipality’s industrial users. The amendment to
§1263 is currently in the House Environment Committee and we hope to see legislation passed this session.
VTDEC would still be the authority reviewing and approving any proposed local program.

Sewer Use Ordinance Update
As you may also remember, in recent years, BWRD has been performing work to review the breadth of
industrial users of all sizes, do initial calculations regarding how much of certain pollutants BOD the plant can
handle, and develop a framework for how BWRD might be able to directly regulate industrial users vs. the
State regulating the City’s industrial users. Recently, this work was supported by a State ARPA (American
Rescue Plan Act) grant. Part of the ARPA grant requirement includes the need to complete updates to our
Sewer Use Ordinance before the end of August 2026. BWRD is introducing a draft of these proposed updates
at the Burlington City Council Meeting on April 27. It will then be referred to the Ordinance Committee of the
City Council for additional review in the intervening months and eventual recommendation back to the City
Council before the end of August.

The DRAFT Sewer Use Ordinance updates include the following elements, several of which also apply to non-
industrial water/wastewater connections:
  Authority and framework to adopt regulations, in general
 o The update does NOT adopt the regulations. That would be a future step and
 would involve additional stakeholder outreach.
  Authority and framework for Council to adopt fees for permits
 o The update does NOT adopt those fees
  Pre-treatment Requirements Section
 o Allows the City Council to adopt interim local limits (these are the “total”
 amount of a pollutant that the wastewater system can receive, not the total
 amount a specific user can discharge) and future updated surcharge fees.
 o If authority to delegate is granted by the Legislature and the State approves the
 local program for delegation (see Next Steps: Local Implementation
 Framework) and the City provides public notification:
  Establishes general pre-treatment requirements for the City’s
 sewer system
  Allows a governing body of the City (currently the Public Works
 Commission but this could change) to adopt pre-treatment
 regulations. Regulations are the mechanism by which future local
 industrial user permitting would occur.
  These would only be advanced after a stakeholder
 process and a public hearing.
The current draft revisions to the ordinance are attached for your review. We anticipate that language may
change during the course of review by the Ordinance Committee.

Next Steps
There are a few near term steps that we feel are important to outline:
  Additional Sampling Round of Large High Strength Users: It is of utmost importance to BWRD
 that any individual pre-treatment permits issued to the significant (larger) high strength industrial
 users (regardless of whether from the State or the municipality) contain relevant and reasonable
 pollutant limits and that the data used to determine these limits reflects current operations. As
 2


 Page 11 of 55
 such, a necessary step in the longer trajectory of permitting is the collection of additional samples
 from your facility’s effluent. BWRD will be procuring technical services to conduct an additional
 round of sampling in the coming months. We will also use this data to update any concentrations
 that are currently used in the calculation of BOD surcharge fees as we understand many of you
 have already been working to reduce your BOD discharges. In the same vein, we would also like to
 review your current process water flow metering (if any) to ensure we are using the best possible
 estimates of wastewater flow for both your surcharge fee calculation and your retail wastewater
 charges. We will contact you with more information on scheduling this sampling.
  Additional Outreach to Industrial Users with other Pollutants of Concern: BWRD will be
 working with any smaller scale industrial users who potentially discharge pollutants of concern
 other than organics (e.g. metals) to review operations and determine whether these businesses,
 might, through a change in operations, qualify for a “no discharge” determination.
  Local Program Implementation Framework: If the Legislature passes the desired statutory
 change, there will still be significant additional work to develop all the components of a local
 pollution program and to have it reviewed and approved by the VTDEC before any permitting
 actions can be taken at the local level. Part of this process will be to finalize and adopt the pre-
 treatment regulations that are enabled (but not adopted) in the Chapter 26 Ordinance update
 mentioned above. There will be additional and more detailed outreach to the identified industrial
 users before the regulations are advanced.

If you have any questions regarding this update or the City’s efforts to pursue a local Industrial Prevention
Pollution Program, please let us know. My team and I will be happy to set up a meeting to discuss any
questions or concerns you may have about the proposed trajectory of compliance and how they might affect
you. Otherwise, we will continue to reach out with updates on the above and on specifics as they are
available for your particular facility.

Best Regards,

Megan

Megan Moir (she/her)
Division Director - Water Resources
Burlington Public Works Department
P (802) 863.4501
C (802) 734.4595
Email: mmoir@burlingtonvt.gov
 Book time to meet with me



Please note that this communication and any response to it will be maintained as a public record and may be subject to
disclosure under the Vermont Public Records Act.




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26-71 Use of Public Sewers Generally

 (a) Every person owning or having the care of buildings abutting on a street in this city
 through which a sanitary or combined sewer has been or shall hereafter be constructed
 shall drain such buildings wastewater into the sanitary or combined sewer, at their own
 expense, provided that all connections into the public sewers be made under the direction
 of the director upon the written application of such person. The director shall supervise
 the making of all such connections.

 (b) Every person owning or having the care of lands and buildings abutting on a street in this
 city through which a storm or combined sewer has been or shall hereafter be constructed
 shall drain stormwater from such land and buildings after treatment and/or attenuation
 into the storm or combined sewer or natural outlet, at his own expense, provided that all
 connections into the public sewers and natural outlets be made under the direction of the
 director upon the written application of such person and in accordance with the
 provisions of this chapter. The director shall supervise the making of all such
 connections.

 (c) Adoption of regulations.

 (1) Use of the city’s sewers is subject to compliance with such regulations as the
 public works commission may deem necessary or convenient to protect public
 health, safety, and welfare or the environment, to comply with state and federal
 law, or to safeguard the city’s treatment works.

 (2) Such regulations shall be adopted at the recommendation of the public works
 director or designee following a public hearing.

 (3) Notice of the hearing shall be included in the warned agenda for said meeting, and
 it shall be posted on the city’s website and published in a newspaper of general
 circulation within the city at least three calendar days prior to the hearing. The
 published hearing notice shall include a link the draft regulations.

 (4) The hearing may be continued from time to time, and republication of the hearing
 notice shall not be required if the continued hearing date, time, and location are
 announced on the record at the time of the continuance. A final decision of the
 commission shall be made at the same or a subsequent meeting as the meeting
 where the hearing was conducted.

 (5) The record for the commission’s decision shall consist of the draft regulations,
 any written or oral staff report, public comments received at the hearing, and any
 written comments received at least twenty-four (24) hours prior to the opening of
 the hearing.

 (6) Regulations approved by the commission shall take effect seven (7) calendar days
 after publication on the city’s website.



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 (7) A violation of the commission’s regulations may be enforced pursuant to section
 26-4 of this code.

(d) Express prohibitions.

 (1) It shall be unlawful for any person to place, deposit, or permit to be deposited in any
 unsanitary manner on public or private property within the city or in any area under
 the jurisdiction of the city, any human or animal excrement, garbage, or objectionable
 waste.

 (2) Except as provided herein, it shall be unlawful to construct or maintain any privy,
 privy vault, septic tank, cesspool, or other facility intended or used for the disposal of
 wastewater.

 (3) No person shall discharge, cause or permit to be discharged any stormwater, surface
 water, groundwater, foundation drains, roof runoff, subsurface drainage, cooling
 water, or industrial process waters to any sanitary sewer. This prohibition does not
 apply to the combined or separate storm sewers.

 (4) No person shall discharge or cause to be discharged any of the following described
 waters or wastes to any public sewers or natural outlet:

 a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
 solid or gas.

 b. Any waters containing toxic or poisonous solids, liquids or gases in sufficient
 quantity, either singly or by interaction with other wastes, to injure or interfere
 with any waste treatment process, constitute a hazard to humans, animals or
 property, create a public nuisance, or create any hazard, including fire or
 explosion, in the receiving waters of the wastewater treatment plant or wastes
 exerting an excessive chlorine requirement. The limiting concentrations of such
 substances that create hazards as aforesaid are subject to modification by the
 director as affected by applicable state or federal regulations or guidelines.

 c. Any waters (except acidic rainfall) or wastes having a pH lower than five (5) or
 greater than nine and five tenths (9.5), or which due to its nature or content,
 becomes less than five (5) or greater than nine and five tenths (9.5) during
 transmission through the sewers, or having any other corrosive property capable
 of causing damage or hazard to structures, equipment, and personnel of the
 wastewater facilities or treatment works.

 d. Solid or viscous substances in quantities or of such size capable of causing
 obstruction to the flow in sewers, or other interference with the proper operation
 of the wastewater facilities such as, but not limited to, animal waste, ashes, bones,
 cinders, sand, mud, sediment, straw, shavings, metal, glass, rags, feathers, tar,
 plastics, wood or cellulose, unground garbage, whole blood, paunch manure, hair
 and fleshings, entrails and paper dishes, cups, milk containers, either whole or
 ground by garbage grinders.

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 e. Radioactive materials of such half-life or concentration as may exceed limits
 established by the director of water pollution control in compliance with
 applicable state or federal regulations.

 f. Wastewater that has or may cause an offensive odor or nuisance in the wastewater
 facilities and treatment works, and without limiting the generality of the
 foregoing, wastewater containing hydrogen sulfide, carbon disulfide, ammonia,
 trichloroethylene, sulfur dioxide, formaldehyde, chlorine, bromine, or pyridine.

 g. Wastewater having a temperature higher than one hundred fifty (150) degrees
 Fahrenheit (sixty-five (65) degrees Celsius).

 h. Wastewater containing more than fifteen (15) milligrams per liter, whether
 emulsified or not, of petroleum oil, nonbiodegradable cutting oils, or products of
 mineral oil origin.

 i. Wastewater containing more than one hundred (100) mg/l of oil, fat and grease of
 animal and vegetable origin.

 j. Wastewater containing floatable oils, fat or grease.

 k. Wastewater containing pharmaceuticals or endocrine disrupters.

(e) The owner(s) of all houses or buildings, used for human occupancy, employment,
 recreation, or other purposes, situated within the city and abutting on any street, alley, or
 right-of-way in which there is now located or may in the future be located a public
 sanitary or combined sewer of the city is hereby required, at the owner(s)’ expense, to
 install suitable toilet facilities therein, and to connect such facilities directly with the
 proper public sewer in accordance with the provisions of this article within ninety (90)
 days after date of official notice to do so, provided that said public sewer is within a
 reasonable distance of the property line as determined by the director.

(f) Stormwater and other unpolluted drainage may be discharged to a storm sewer or to a
 natural outlet as approved by the director when suitable treatment and/or attenuation has
 been provided in accordance with the provisions of this chapter. Stormwater and other
 unpolluted drainage may be allowed to be discharged to a combined sewer as approved
 by the director provided that it does not violate wastewater facility NPDES permit
 requirements. Industrial cooling or unpolluted process waters may be discharged to a
 storm sewer or natural outlet as approved by the director provided that these waters do
 not result in adverse undue thermal impacts to receiving waters.

(g)

 (1) The following described substances, materials, waters or wastes shall be limited
 in discharges to municipal systems to concentrations or quantities which will not
 harm either the sewers, wastewater treatment process or equipment, will not have
 an adverse effect on the receiving stream, or will not otherwise endanger lives,
 limb, public property, or constitute a nuisance.

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 (2) The director may set limitations lower than the limitations established in the
 regulations below if in his opinion such more severe limitations are necessary to
 meet the above objectives. In forming this opinion as to the acceptability, the
 director will give consideration to such factors as the quantity of subject waste in
 relation to flows and velocities in the sewers, materials of construction of the
 sewers, the wastewater treatment process employed, capacity of the wastewater
 treatment plant, degree of treatability of the waste in the wastewater treatment
 plant, and other pertinent factors.

 (3) The limitations or restrictions on materials or characteristics of waste or
 wastewaters discharged to the sanitary sewers which shall not be violated without
 approval of the director are as follows:

 a. Wastewater of which the BOD5 exceeds four hundred (400) milligrams per
 liter.

 b. Wastewater in which suspended solids exceed five hundred (500) milligrams
 per liter, or the organic content of such suspended solids or of dissolved solids
 is unusually small.

 c. Any garbage that has not been properly shredded. Garbage grinders may be
 connected to sanitary sewers from homes, hotels, institutions, restaurants,
 hospitals, catering establishments, or similar places where garbage originates
 from the preparation of food in kitchens for the purpose of consumption on
 the premises or when served by caterers.

 d. Quantities of flow, concentrations, or both which constitute a slug as defined
 herein.

 e. Waters or wastes containing substances which are not amenable to treatment
 or reduction by the wastewater treatment processes employed, or are
 amenable to treatment only to such degree that the wastewater treatment plant
 effluent cannot meet the requirements of other agencies having jurisdiction
 over discharge to the receiving waters.

 f. Any water or wastes which, by interaction with other water or wastes in the
 public sewer system, release obnoxious gases, form suspended solids which
 interfere with the collection system, or create a condition deleterious to
 structures and treatment processes.

(h) If any waters or wastes are discharged or are proposed to be discharged to the public
 sewers, which waters contain the substances or possess the characteristics, enumerated in
 subsections (d)(4) and (\) above, and which in the judgment of the director may have a
 deleterious effect upon the wastewater facilities or treatment works, processes,
 equipment, or receiving waters, or which otherwise create a hazard to life or constitute a
 public nuisance, the director may:

  (1) Reject the wastes.

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  (2) Require pretreatment to an acceptable condition for discharge to the public sewers.

  (3) Require control over the quantities and rates of discharge.

  (4) If the director permits the pretreatment or equalization of waste flows, the design and
 installation of the plants and equipment shall be subject to the review and approval of
 the director, and subject to the requirements of all applicable codes, ordinances, laws,
 and the municipal discharge permit. Further, such pretreatment installations must be
 consistent with the requirements of any state pretreatment permit issued to the owner.

(i) Grease, oil, and sand interceptors shall be provided when, in the opinion of the director,
 they are necessary for the proper handling of liquid wastes containing floatable grease in
 excessive amounts or any flammable wastes, sand or other harmful ingredients; except
 that such interceptors shall not be required for private living quarters or dwelling units.
 All interceptors shall be of a type and capacity approved by the director, and shall be
 located as to be readily and easily accessible for cleaning and inspection. In the
 maintaining of these interceptors the owner shall be responsible for the proper removal
 and disposal by appropriate means of the captured material and shall maintain records of
 the dates and means of disposal which are subject to review by the director. Any removal
 and hauling of the collected materials not performed by owner’s personnel must be
 performed by qualified waste disposal firms.

(j) Where pretreatment or flow equalizing facilities are provided or required for any waters
 or wastes, they shall be maintained continuously in satisfactory and effective operation
 by the owner at his sole expense.

(k) When required by the director, the owner of any property serviced by a building sewer
 carrying industrial wastes shall install a suitable structure together with such necessary
 meters and other appurtenances in the building sewer to facilitate observation, sampling,
 and measurement of the wastes. Such structure when required, shall be accessibly and
 safely located and shall be constructed in accordance with plans approved by the director.
 The structure shall be installed by the owner at his sole expense and shall be maintained
 by him so as to be safe and accessible at all times.

(l) All industries discharging into a public sewer shall perform such monitoring of their
 discharges as the director and/or other duly authorized employees of the city may
 reasonably require, including installation, use, and maintenance of monitoring equipment,
 keeping records, and reporting results of such monitoring to the director. Where industrial
 pretreatment permits are issued by the State of Vermont, monitoring records must also be
 submitted to the secretary in accord with such permit. Such records of any monitoring
 shall be made available upon request by the director to the secretary or to other agencies
 having jurisdiction over discharges to the receiving waters.

 The director shall require forty-five (45) days’ prior notification by any person or persons
 of a proposed substantial change in volume or character of pollutants over that being
 discharged into the treatment works; a proposed new discharge into the treatment works
 of pollutants from any source which would be a new source as defined in the federal

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 Water Pollution Control Act as amended, if such source were discharging pollutants; or a
 proposed new discharge into the treatment works of pollutants from any source which
 would be subject to the federal Water Pollution Control Act, as amended, if it were
 discharging such pollutants.

(m) All measurements, tests and analyses of the characteristics of waters and wastes to which
 reference is made in this article shall be determined in accordance with the latest edition
 of "Standard Methods for the Examination of Water and Wastewater," published by the
 American Public Health Association. Sampling methods, location, times, durations, and
 frequencies are to be determined on an individual basis subject to approval by the
 director.

(n) No statement contained in this division shall be construed as preventing any special
 agreement or arrangement between the city and any industrial concern whereby an
 industrial waste of unusual strength or character may be accepted by the city for
 treatment, to an extent fixed by agreement with the city under such conditions with
 respect to payment or otherwise as may be necessary to compensate for any additional
 costs of treatment; provided that such agreements do not contravene any requirements or
 existing federal laws and are compatible with any user charge and industrial cost
 recovery system in effect. Any such agreement shall be subject to the approval of the
 state department of environmental conservation.

(o) No statement contained in this division shall be construed to interfere with any additional
 requirements that may be imposed by the city health officer.

(p) No unauthorized person shall uncover, make any connections with or opening into, use,
 alter, or disturb any public sewer or appurtenance thereof without first obtaining a written
 permit from the director per Division 1 of this article. Any person proposing a new
 discharge into the system, or a substantial change in the volume or character of pollutants
 that are being discharged into the system, shall notify the director at least forty-five (45)
 days prior to the proposed change or connection.

(q) Applications for a plumbing permit shall be filed with the department of public works
 and must be approved before any work commences. Fees associated with this permit are
 outlined in the permit application.

(r) All costs and expenses incidental to the installation and connection of the building sewer
 shall be borne by the owner. The owner shall indemnify the city from any loss or damage
 that may directly or indirectly be occasioned by the installation of the building sewer.

(s) A separate and independent building sewer shall be provided for every building; except
 where one (1) building stands at the rear of another on an interior lot and no private sewer
 is available or can be constructed to the rear building through an adjoining alley, court,
 yard, or driveway, the front building may be extended to the rear building and the whole
 considered as one (1) building sewer, but the city does not and will not assume any
 obligation or responsibility for damage caused by or resulting from any such single
 connection.

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 (t) Old building sewers may be used in connection with new buildings only when they are
 found, on examination and test by the director to meet all requirements of this article.

 (u) The size, slope, alignment, materials of construction of a building sewer, and the methods
 to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench,
 shall all conform to the requirements of the building and plumbing code or other
 applicable rules and regulations of the city.

 (v) Whenever possible, the building sewer shall be brought to the building at an elevation
 below the basement floor. In all buildings in which any building drain is too low to
 permit gravity flow to the public sewer, sanitary sewage carried by such building drain
 shall be lifted by an approved means and discharged to the building sewer.

 (w) The connection of any building sewer into the public sewer shall conform to the
 requirements of the building and plumbing code and all other applicable rules and
 regulations of the city. All such connections shall be made gastight and watertight and
 verified by proper testing. Any deviation from the prescribed procedures and materials
 must be approved by the director before installation.

 (x) The applicant for any building sewer permit shall notify the inspector when the building
 sewer is ready for inspection and connection to the public sewer. The connection and
 testing shall be made under the supervision of the inspector.

 (y) All excavations for building sewer installation shall be adequately guarded with
 barricades and lights so as to protect the public from hazard. Streets, sidewalks, parking
 and other public property disturbed in the course of the work shall be restored in a
 manner satisfactory to the city and consistent with the requirements of Chapter 27 of this
 Code.

26-76 Wastewater Permit Fees

 (a) Certain activities pursuant to this chapter require a permit or other approval, plan check,
 investigation, or review by the director or their designee. The city also incurs costs
 associated with the physical connection of property to public sewers, as well as costs
 associated with certain intensive uses of the city’s treatment works. The city council
 finds that the direct and indirect cost of providing such services should not be borne by
 ratepayers generally but instead should be the responsibility of benefitted property
 owners.

 (b) The city council shall establish by resolution fees for activities described in this chapter,
 which fees shall be reasonably related to the direct and indirect costs of said activities.
 The city council shall also establish by resolution administrative rules for the collection
 of fees imposed pursuant to this section, including, without limitation, any provision for
 fee waivers; the handling, use, and deposit of fees; recording keeping; appeals; and any
 annual inflation factors to be applied.




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 (c) No work shall be commenced until any permit or other approval required under this
 article shall have been received by the party submitting the application and all applicable
 fees have been paid.

 (d) In case of preemption, in addition or in lieu of such fees as may be authorized pursuant to
 this section, the director shall charge such fees as may be allowed or required by federal
 or state law.

 Division 5. Pretreatment Requirements

26-77 Effective Date and Interim Regulations.

The provisions of this division commencing with section 26-78 shall take effect twenty-one (21)
days after the director of public works or designee posts on the city’s website and publishes notice
in a newspaper of general circulation that authority has been delegated to the city to issue permits
for discharges to the city’s treatment works, pursuant to 10 V.S.A. § 1263, as the same may be
amended or renumbered from time to time. Until such effective date, if necessary or convenient
to protect the public health, safety, and welfare or the environment, to comply with state and
federal law, or to protect existing infrastructure, the city council may, by resolution, adopt interim
effluent limitations and surcharges for industrial users. Notification of such interim regulations
shall be published, and such interim regulations shall become effective, in the same manner as for
an ordinance, pursuant to section 49 of the city’s charter.

26-78 Purpose and Policy.

This division sets forth uniform pretreatment requirements for indirect discharges by users of the
publicly owned treatment works of the city. The intent of this division is to enable the city to
comply with all applicable state and federal laws relating to the subject matter hereof, including,
without limitation, the federal Clean Water Act and the general pretreatment regulations codified
at part 403 of title 40 of the Code of Federal Regulations, as the same may be amended or
renumbered from time to time. The specific objectives of this division are to:

 (a) Authorize the director to establish regulations implementing the requirements of this
 division, in substantial conformance with the U.S. Environmental Protection Agency’s
 Model Pretreatment Ordinance, or such other guidance as the federal or state governments
 may prescribe from time to time relating to the subject matter of this division;

 (b) Provide for remedies for violations of said regulations, as required, authorized, or
 encouraged pursuant to applicable federal or state law;

 (c) Prevent the introduction of pollutants into the publicly owned treatment works that will
 interfere with its operations;

 (d) Prevent the introduction of pollutants into the publicly owned treatment works that are
 likely to pass through said works, inadequately treated, into the waters of the State of
 Vermont and of the United States;



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 (e) Protect city personnel and members of the public who may be affected by wastewater and
 sludge not adequately pretreated;

 (f) Provide fee authority, as set forth in section 26-84, below; and

 (g) Enable the city to comply with all applicable federal or state permits required to operate its
 publicly owned treatment works.

26-79 Definitions.

As used in this division, the following terms have the following meanings:

 (a) Director means the city’s director of public works or designee; provided that the city
 council may designate another city officer or employee as the “director” by resolution,
 solely for purposes of this division.

 (b) Indirect discharge means the introduction of any pollutant into the publicly owned
 treatment works from a nondomestic source.

 (c) Interference means any indirect discharge that, alone or in conjunction with other
 discharges, that inhibits or disrupts the publicly owned treatment works, their treatment
 processes or operations, or their sludge processes, use, or disposal, so as to interfere
 substantially with the purposes and policies set forth in section 26-78, above.

 (d) Publicly owned treatment works, or “POTW”, means all of the city’s infrastructure for the
 collection, transportation, and treatment of wastewater.

 (e) Passthrough means a discharge that exits the POTW into the waters of the State of Vermont
 or of the United States in quantities or concentrations which, alone or in conjunction with
 a discharge or discharges from other sources, would result in a violation of any requirement
 of any federal or state permit applicable to the POTW, including an increase in the
 magnitude or duration of an existing violation.

 (f) Regulations means the regulations adopted pursuant to section 26-82, below.

 (g) User means any source of indirect discharge.

26-80 Prohibited Discharges.

The following indirect discharges are prohibited:

 (a) Any indirect discharge that results in passthrough or interference.

 (b) Any indirect discharge that would violate 40 C.F.R. Section 403.3(b), as the same may be
 amended or renumbered from time to time, or that would otherwise violate federal law,
 state law, a permit issued under section 26-80, the regulations, or any other provision of
 this chapter.

 (c) Any indirect discharge done without a permit under section 26-81.
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26-81 Permits Required.

 (a) No indirect discharge shall be permitted without a permit issued pursuant to the regulations.

 (b) The regulations may provide for general permits and permit waivers.

 (1) General Permit. For those indirect discharges not requiring special conditions,
 including, without limitation, special conditions relating to pretreatment of indirect
 discharges, monitoring, and reporting, the regulations may provide for the issuance by
 the director of a general permit. Any user desiring to operate under the general permit
 shall register under that permit with the director in a manner specified in the
 regulations, pay any fee required pursuant to section 26-84, below, and comply with
 all conditions of the general permit, as specified in the regulations. More than one
 classification of general permit may be established by the regulations for different
 types of uses.

 (2) Permit Waiver. The regulations may exempt any indirect discharge from the
 requirement to obtain a permit to operate, as otherwise required by subsection (a),
 above, based on the size, nature, or other characteristics of the indirect discharge, as
 specified in the regulations. Operation within the limits of the waiver and otherwise
 in strict conformance with all applicable laws shall be deemed the functional
 equivalent of operating under a permit.

 (c) Permits may be specific to the user or may run with the use, as specified in the regulations.

 (d) If a user is required to obtain a permit, the director shall provide notification to the user by
 first class mail at the user’s physical address and mailing address for utilities billing, if
 different. The user shall then have thirty (30) days submit a complete application for a
 permit, subject to reasonable extensions granted by the director. If allowed by regulations
 adopted pursuant to this division, the notification may impose reasonable interim measures
 that the user shall take to limit interference and passthrough, pending an application for a
 permit. . Any indirect discharge by any user following the issuance of a permit shall be
 deemed a violation of section 26-80(c), above.

26-82 Regulations.

 (a) Regulations Authorized. The director is hereby authorized to issue regulations, in the
 manner descried in this section, to achieve the purposes set forth in section 26-78, above.

 (b) Adoption of Regulations. Regulations drafted by the director shall be subject to review
 and approval by the city’s public works commission following a noticed public hearing
 conducted at a regular meeting of the commission. Notice of the hearing shall be included
 in the warned agenda for said meeting, and it shall be posted on the city’s website and
 published in a newspaper of general circulation within the city at least three calendar days
 prior to the hearing. The published hearing notice shall include a link the draft regulations.
 The hearing may be continued from time to time, and republication of the hearing notice
 shall not be required if the continued hearing date, time, and location are announced on the
 record at the time of the continuance. A final decision of the commission shall be made at

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 the same or a subsequent meeting as the meeting where the hearing was conducted. The
 record for the commission’s decision shall consist of the draft regulations, any written or
 oral staff report, public comments received at the hearing, and any written comments
 received at least 24 hours prior to the opening of the hearing. Regulations approved by the
 commission shall take effect seven calendar days after publication on the city’s website.

 (c) Amendment to Regulations. Any regulation may be made in the same manner as for the
 original adoption of the regulation.

26-83 Violations.

 (a) For purposes of this section, a violation of this division includes any act or omission
 committed by a user that violates any provision of this division or that causes or enables a
 violation to occur.

 (b) Violations of this division are subject to section 1-9 of this ordinance code. A violation
 may be abated as a public nuisance and prosecuted civilly or criminally as set forth in that
 section, and the director shall be authorized to issue municipal tickets thereunder.
 Notwithstanding section 1-9, the maximum fine for a violation under this division shall be
 the greater of the maximum fine available under section 50 of the city’s charter or 40 C.F.R.
 § 408.8(f)(1)(vi)(A), as the same may be amended or renumbered from time to time.If a
 court of competent jurisdiction determines that the foregoing federal law does not preempt
 the city’s charter, then the maximum fine shall be determined by charter.

 (c) The director may report any violation to appropriate federal and state officials and may
 issue such orders to any user to comply with this division or to cease and desist from any
 violation thereof as may be necessary or convenient to achieve the objects and purposes
 set forth in section 26-78, above. An order shall contain notice that an appeal of the order
 must be filed with the director in writing within 15 calendar days thereof. Such an appeal
 shall be heard by the public works commission at its next regular meeting unless a different
 hearing date is agreed between the user and the director. If the order is upheld by the
 commission, then it shall be appealable to the superior court pursuant to rule 74 of the
 Vermont Rules of Civil Procedure. Refusal to comply with a final order shall be subject
 to subsection (b) of this section. The City Attorney may also bring an action to enforce the
 order and, if relief is granted, shall be entitled to an award of reasonable attorneys’ fees
 and costs.

 (d) If necessary following repeated and severe violations of this division or to avoid a
 substantial likelihood of significant environmental harm or of harm to any person or real
 property of another, the director may take such actions as may be reasonable necessary to
 cease indirect discharges from any user, including by shutting off the user’s water supply.

 (e) Any individual or property owner who suffers substantial bodily harm or property damage
 as a proximate cause of any violation of this division may bring an action to recover the
 individual or property owner’s actual damages, pursuant to section 54 of the city charter.




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 (f) In case of any physical harm to the POTW proximately caused by any violation of this
 division, the city may bring an action to recover its actual damages, attorneys’ fees, and
 costs.

 (g) The remedies set forth in this section are cumulative with one another and with those
 provided by federal or state law.

26-84 Fees.

The city council may, by resolution, adopt a fee schedule setting forth fees for permit applications
and for activities under the regulations requiring significant staff time, including any reasonable
fees for the filing of an appeal under section 26-83(b), above, or for inspections and related
activities.




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BURLINGTON DPW - WATER SYSTEM REVIEW Capacity Review Checklist November 2023

PROJECT NAME: Click here to enter text. LOCATION: Click here to enter text.
OWNER: Click here to enter text.
DATE REC’D: Click here to enter text. DATE REV’D: Click here to enter text.
PLAN DATE/REV: Click here to enter text. REV’D BY: Click here to enter text.
 Insuff.
 Yes No N/A Info
1.Have flows been calculated for the project in conformance with Vermont Environmental Protection
  Rules Chapter 1? ☐ ☐ ☐ ☐
 a. Notify the applicant that state Wastewater System and Potable Water Supply Permit may
 be applicable.
 b. If it appears that the project may be exempt from a state Wastewater System and Potable
 Water Supply Permit (i.e. flow increase within existing building footprint), cite the
 possible exemption and let the applicant know that they may be exempt provided per §1-
 304 (13)(B) & (14)(C) that a certified designer supply a letter stating that the existing
 water and sewer services can handle the additional flow.

2.Is project over 1,000 gpd of sewer demand? ☐ ☐ ☐ ☐
 a. If yes, more detailed review is needed and a professional consultant should likely be
 submitting flow calculations.
 b. If yes, Burlington’s CSO offset policy may apply.
 c. If no, there still may need to be a professional consultant providing flow calculations if the
 project is not straightforward.

3.Did this project go before the TRC? ☐ ☐ ☐ ☐
 a. If yes, check on any special considerations from the TRC review process.
 b. If no, and the project is over 1,000 gpd in demand, ensure that Department Head is aware
 of the project prior to issuing a capacity to serve letter.

4.Does this project include the installation of any new buried water, sewer and/or stormwater
  infrastructure?
 ☐ ☐ ☐ ☐
 a. If yes, ensure the project is submitting a plan developed by a consultant.
 b. If yes, ensure the plan is developed using Burlington’s latest standard details. City staff
 should review the plan to ensure compliance with Burlington’s standards and expectations
 per the latest water and sewer checklist.
 c. If yes, let the project know that an EPSC plan may be required.
 d. If yes to stormwater infrastructure, ensure Stormwater Program Manager is aware of the
 proposed work.




 Page 25 of 55
 Insuff.
 Yes No N/A Info
5.Has the water distribution system and collection system infrastructure been reviewed for the project,
  particularly if the calculated flows are >10,000 gpd?
 ☐ ☐ ☐ ☐
 a. For the sewer system check for items like pump stations (private or public), and if the user
 is connected to a private septic system (not common). Make note of anything the project
 should be aware of. If the project will be flowing to a public pump station the capacity
 should be reviewed especially for the larger projects.
 b. If a high instantaneous demand is going to be placed on the water distribution system (i.e.
 fire suppression system demand) the project should provide the peak instantaneous flow
 for the City to model and review.
 c. If a high sewer flow is being introduced to the collection system, the capacity of the system
 should be reviewed to the level necessary for the project. Here are some examples of
 methods for review: model flows in PCSWMM, have level sensors or flow meters
 installed, and/or have the project team help with the analysis.
 d. Developer may be required to upsize or loop water mains or upsize sewer pipes in our
 system to accommodate the project.

6.Has the project been reviewed for the need of a potable water backflow preventer?

 ☐ ☐ ☐ ☐
 a. Potable water backflow preventers shall be installed per the city ordinance and the latest
 version of Burlington’s backflow preventer policy.
 b. Domestic booster pumps for buildings requires a backflow preventer, engineered controls,
 and administrative controls. A domestic booster pump cannot be installed without being
 reviewed by the Water Resources engineering team. Additional considerations for booster
 pumps includes, ensuring proper maintenance, low pressure cut off, max design flow is not
 an undue burden on the distribution system, and an agreement may be required with the
 City.
 c. Applicable backflow preventer expectations should be confirmed with the Plumbing
 Inspector and passed along to the project team.

7.Has the project been reviewed for the need of special wastewater considerations?

 ☐ ☐ ☐ ☐
 a. Restaurants and certain industrial users are required to install a grease trap per the
 plumbing code. Applicable grease trap expectations should be confirmed with the
 Plumbing Inspector and passed along to the project team.
 b. Pretreatment policy may apply for certain industrial users that may require special on site
 pre-treatment of wastewater prior to discharging and/or a special agreement with the City
 for continuous discharge of wastewater that is not in compliance with the Ordinances. See
 the latest pretreatment policy to ensure proper guidance and also check with the Chief
 Wastewater operator.
 c. Groundwater and/or foundation drain additions to the sewer system are not wanted.
 Developments shall not introduce new groundwater to the sewer system and appropriate
 design measures shall be followed. Appropriate site inspection measures and design



 Page 26 of 55
 measures may include but are not limited to the following: test borings, test pits,
 groundwater pumping test, waterproofing foundations, structural designs adequate for high
 groundwater, and not constructing a finished space below ground level.

8. Capacity Letter Complete ☐ ☐ ☐ ☐

9.Update unreserved capacity spreadsheet ☐ ☐ ☐ ☐

*for projects that are greater then 10,000 gpd in flow - review the unreserved capacity spreadsheet and
provide an assessment of the wastewater plant capacity prior to issuing a capacity letter.

COMMENTS
This review is not a permit and this review does not alleviate the Owner from obtaining necessary city,
state or federal permits. Additional reviews may be required as this project advances. Following are
project specific notes:




 Page 27 of 55
BURLINGTON DPW - WATER SYSTEM REVIEW water&sewer_checklist_rev021524




PROJECT NAME: Click here to enter text. LOCATION: Click here to enter text.
OWNER: Click here to enter text. ENGINEER: Click here to enter text.
DATE REC’D: Click here to enter text. DATE REV’D: Click here to enter text.
PLAN DATE/REV: Click here to enter text. REV’D BY: Click here to enter text.
 Insuff.
 Yes No N/A Info
1.Are the water mains located under/adjacent to the proposed street(s)? ☐ ☐ ☐ ☐
2.Are the public water mains C900 PVC pipe, 8” minimum with tracer
  wire and underground warning tape? ☐ ☐ ☐ ☐
3.Is the depth of all water mains between 6’ and 9’ below grade? ☐ ☐ ☐ ☐
4.Does the proposed design avoid 90 degree bends? ☐ ☐ ☐ ☐
5.Does the proposed design eliminate dead ends? ☐ ☐ ☐ ☐
6.Do new tee connections include valves on all three legs? ☐ ☐ ☐ ☐
7.If the mains are shown bending vertically or horizontally, do they
  conform to allowable pipe deflection radii or have fittings? ☐ ☐ ☐ ☐
8.Do all mains meet horizontal/vertical separation from sewers & storm,
  namely 10’/18”’ from sewer and 5’/18” from storm? ☐ ☐ ☐ ☐
9. Do all mains have adequate horizontal separation from other utilities,
  namely 10’ edge to edge from water to new excavation and 18” vertical? ☐ ☐ ☐ ☐
10. Fire hydrants shall be provided for detached one- and two-family
 dwellings in accordance with both of the following: The maximum
 distance to a fire hydrant from the closest point on the building shall
 not exceed 600 ft and the maximum distance between fire hydrants
 shall not exceed 800 ft. ☐ ☐ ☐ ☐
11. Fire hydrants shall be provided for buildings other than detached
 one- and two-family dwellings in accordance with both of the
 following: The maximum distance to a fire hydrant from the closest
 point on the building shall not exceed 400 ft and the maximum
 distance between fire hydrants shall not exceed 500 ft. ☐ ☐ ☐ ☐
12. Are new fire hydrants located within 400’ of a sprinklered building
  and 100’ of a building with a standpipe as well as an FDC? Note that
  BFD may need to be consulted for significant projects to ensure
  compliance and preference. ☐ ☐ ☐ ☐
13. Are fire hydrants set back at least 3’ from paved areas? ☐ ☐ ☐ ☐
14. Do fire hydrants meet City specifications? ☐ ☐ ☐ ☐
15. Are the fire hydrants connected to main with 6” pipe and valve? ☐ ☐ ☐ ☐
16. Are hydrants at high point(s) or air releases to aid in air removal? ☐ ☐ ☐ ☐
17. Are there mechanical thrust restraints and thrust blocks at all fittings? ☐ ☐ ☐ ☐
18. Do all valves meet City specifications (open right)? ☐ ☐ ☐ ☐
19. Are all valves and curbstops located within City right-of-way? ☐ ☐ ☐ ☐
20. Are there any special easement requirements on this project? ☐ ☐ ☐ ☐



 Page 28 of 55
21. Do valves include a valve box at grade w/covers marked “WATER”? ☐ ☐ ☐ ☐
22. Do the plans include a water system specifications drawing? ☐ ☐ ☐ ☐
23. Do the plans include water use estimates using the applicable table
  from the latest Vermont Environmental Standards? ☐ ☐ ☐ ☐
24. Is the project large enough to require Needed Fire Flow (NFF) and/or
  hydraulic analysis for domestic and fire flow demands, or to prove whether
  or not the project may have an adverse impact to existing customers? ☐ ☐ ☐ ☐
25. Is the project large enough to have a looped water system? ☐ ☐ ☐ ☐
26. Do multifamily dwellings have means for separate metering? ☐ ☐ ☐ ☐
27. Do the plans meet City standards for pressure testing and disinfection? ☐ ☐ ☐ ☐
28. Are fixture counts available for meter sizing? ☐ ☐ ☐ ☐
29. Are all services up to 2” using type K copper or CTS pipe w/tracer? ☐ ☐ ☐ ☐
30. Do all services leave water mains and enter buildings at right angles? ☐ ☐ ☐ ☐
31. Are service penetrations in a sleeve or core twice the pipe diameter? ☐ ☐ ☐ ☐
32. Are service fittings upstream of the meter compression-type only? ☐ ☐ ☐ ☐
33. If service entrance details are provided, does the meter have manufac-
 turer’s recommended straight pipe diameters upstream/downstream? ☐ ☐ ☐ ☐
34. Is freeze protection required for service(s)? ☐ ☐ ☐ ☐

COMMENTS




 Page 29 of 55
BURLINGTON DPW - SEWER SYSTEM REVIEW water&sewer_checklist_rev_021524

PROJECT NAME: Click here to enter text. LOCATION: Click here to enter text.
OWNER: Click here to enter text. ENGINEER: Click here to enter text.
DATE REC’D: Click here to enter text. DATE REV’D: Click here to enter text.
PLAN DATE/REV: Click here to enter text. REV’D BY: Click here to enter text.
 Insuff.
 Yes No N/A Info
1.  Are the sewers located under the proposed street(s)? ☐ ☐ ☐ ☐
2.  Are the sewer pipes SDR 35 PVC or approved equal? ☐ ☐ ☐ ☐
3.  Are the pipe depth(s) between 4 ft and 8 ft, or approved? ☐ ☐ ☐ ☐
4.  Are sewer pipe penetrations sealed at the manholes? ☐ ☐ ☐ ☐
5.  Are the new lateral connections water-tight? ☐ ☐ ☐ ☐
6.  For laterals 8” diameter or greater or equal to sewer diameter, does it
 terminate at a new manhole? ☐ ☐ ☐ ☐
7. Are manholes located at changes in direction or grade? ☐ ☐ ☐ ☐
8. Are manholes every 400 to 600 feet for maintenance access? ☐ ☐ ☐ ☐
9. Are manholes precast w/plastic rungs and cover marked “SEWER”? ☐ ☐ ☐ ☐
10. Do the manholes have adequate invert(s) and bench? ☐ ☐ ☐ ☐
11. Does the project plans include ave. and peak estimated flows? ☐ ☐ ☐ ☐
12. Does this project discharge sewage into a combined sewer system? ☐ ☐ ☐ ☐
 a. If yes, is the applicant compliant with the draft css offset policy? ☐ ☐ ☐ ☐
13. Does this project discharge to a city pump station? ☐ ☐ ☐ ☐
 a. If yes, is a pump station capacity study warranted? ☐ ☐ ☐ ☐
 b. Does the station have adequate emergency storage for
 this project? ☐ ☐ ☐ ☐
14. Does the project require construction of a new pump station? ☐ ☐ ☐ ☐
 a. If yes, is it on a future public road for DPW to own? ☐ ☐ ☐ ☐
 b. If the developer wants DPW to own, does the station meet
 State and DPW standards? ☐ ☐ ☐ ☐
 Station type:Click here to enter text. Capacity:Click here to enter text.

COMMENTS

Consider adding items to review for the following:
 1. Use of sealant between manhole sections
 2. Minimum manhole cover diameter
 3. Minimum manhole diameter (structure)
 4. Riser/grade ring type – donut or bricks
 5. Use of underground warning tape (assuming City preference)
 6. Types of manhole penetration seals (boot, link seal, etc.)
 7. Use of exterior manhole coatings




 Page 30 of 55
Department of Permitting & Inspections William Ward, Director
 Scott Gustin, AICP, CFM, Principal Planner
Zoning Division Mary O’Neil, AICP, Principal Planner
645 Pine Street Kirk Dressing, Associate Planner
Burlington, VT 05401 Joseph Cava, Permit Technician
Telephone:(802) 865-7188 Collin Naheedy, Code Compliance Officer
(802) 865-7195 (FAX)




 TO: Development Review Board
 FROM: Scott Gustin
 DATE: May 19, 2026
 RE: ZAP-26-4; 88 Lafountain Street
 ======================================================================
 Note: These are staff comments only; decisions on projects are made by the Development
 Review Board, which may approve, deny, table or modify any project. THE APPLICANT
 OR REPRESENTATIVE MUST ATTEND THE MEETING.

 Zone: RM Ward: 2

 Owner/Appellant: SWB, LLC / Michael Alvanos

 Request: Appeal of administrative denial of ZP-26-78 for the after-the-fact installation of gravel
 for driveway.
 Overview:
 The appellant is contesting the administrative denial of a zoning application (ZP-26-78) for
 installation of a gravel driveway between 88 Lafountain Street and 86 Lafountain Street. A
 complaint was filed in early 2026 about the driveway installation, and a notice of zoning violation
 was issued in February 2026. The zoning violation notice was not appealed. The property owner
 filed an after-the-fact zoning application seeking approval of the driveway. That application was
 denied and is the subject of this appeal.

 Recommendation: Uphold administrative decision based on the following findings:

 I. Findings:
 Zoning application ZP-26-78 was submitted March 5, 2026 and was made complete March 13,
 2026. The application was filed after-the-fact for installation of a driveway to the south of the
 multi-family apartment building on the subject property. The application was filed following
 issuance of a zoning violation notice about the unpermitted driveway.

 The application site plan included a statement that the gravel was installed within an existing
 driveway that predates current ownership and that the new gravel solely reestablishes a proper base
 for the driveway. The application site plan depicts the subject driveway immediately alongside the
 side property boundary with 86 Lafountain Street and includes a lot coverage calculation of 84%.

 The subject property is located within the medium intensity residential zone. Per the residential
 district standards of Sec. 4.4.5 of the Comprehensive Development Ordinance, accessory features,
 including driveways, are subject to a minimum side yard setback of 5,’ and standard lot coverage
 is limited to 55% (and up to 10% more for open air amenities like decks and open porches).




 Page 31 of 55
Given the uncompliant nature of the driveway, permit and photographic records were reviewed
prior to acting on the application. There are no prior zoning permits containing site plans for the
subject property. Orthophotos from 1978 to 2025 largely depict green space and even a fence out
by the sidewalk where the subject driveway is located. None of the orthophotos clearly depict a
driveway or even vehicles in this location.

The zoning application was denied March 18, 2026 for the following reasons:

 The subject driveway conflicts with the dimensional standards of Sec. 4.4.5,
 Residential Districts, of the Comprehensive Development Ordinance. Specifically,
 it sits within the minimum required 5 ft side yard setback and increases the
 nonconforming lot coverage to 88% (55% is the maximum permissible). The
 photographic records demonstrate that this driveway does not qualify as a pre-
 existing nonconformity per Article 5, Part 3, Non-Conformities, of the
 Comprehensive Development Ordinance.

An appeal was filed on March 24, 2026, within the 15-day appeal period of the zoning application
denial. The appeal starts out by asserting that it is an appeal of the zoning violation notice. The
zoning violation notice was issued February 12, 2026. This appeal was filed more than a month
later and well past the 15-day appeal period. If this appeal is intended to be of the notice of zoning
violation, then it can simply be dismissed as untimely.

Upon denial of the subject zoning application, the applicant stated in the chat feature that he
wished to appeal the denial. Shortly thereafter, the appeal was filed. If the appeal is intended to be
of the zoning application denial, then it is timely.

The appeal focuses on the claim that the subject driveway is a preexisting nonconformity. As
such, its location within the side yard setback and excessive lot coverage are acceptable.
Placement of new gravel within the driveway does not increase the existing degree of
nonconformity.

There are eight orthophotos from 1978 to 2025 that do not depict a driveway or vehicles in the area
of the subject driveway. A legitimate preexisting nonconformity is predicated on continuous
existence since at least April 26, 1973. Perhaps the area has been used intermittently as a driveway,
but the records do not support continuous existence of a driveway in this location. The burden of
proof to demonstrate a legitimate preexisting nonconformity has not been met. Zoning application
ZP-26-78 was properly denied.

II. Recommended Motion:
Uphold the administrative decision.




ZAP-26-4 pg. 2 of 2

 Page 32 of 55
​JRMA​​design studio​
​architecture - planning - development​


​To:​ ​Burlington Development Review Board​
 ​Department of Permitting and Inspections​
 ​645 Pine Street​
 ​Burlington, Vermont 05401​

​From:​ ​Michael Alvanos, AIA​
 ​architect - partner​
 ​JRMA​​design studio​
 ​175 Summit Circle​
 ​Shelburne, Vermont 05482​

​RE: - 88 Lafountain Street - Zoning Violation​




​Dear Members of the Development Review Board,​

​I’m writing on behalf of the owner of 88 Lafountain Street to appeal the Notice of Zoning Violation related​
 ​to work performed within the existing driveway along the southern portion of the property. I want to​
  ​provide some straightforward context and clarify the nature of the work so the Board has a clear, accurate​
 ​understanding of what occurred.​

​88 Lafountain Street is an existing multi-family property that has long contributed to the City’s housing​
 ​stock. Prior to the current ownership, the building had fallen into a period of deferred maintenance. Since​
  ​acquiring the property, the new owner has focused on addressing life safety concerns, fire safety​
 ​upgrades, and general stabilization. The intent has been simple: preserve and improve existing housing in​
 ​a responsible way.​

​The violation centers on the placement of gravel within the footprint of a driveway that has existed​
 ​historically along the southern edge of the site. It’s important to be clear on this point: this was not the​
  ​creation of a new driveway, nor was there any expansion of its footprint. There was no new curb cut, no​
 i​ncrease in use, and no change in intensity. Just as importantly, there was never any conversion of this​
 ​area into green space or a pervious landscaped surface. The driveway has remained a driveway in both​
 ​function and intent.​

​The work performed was limited to placing gravel to stabilize the surface. From a practical standpoint, this​
 i​s routine maintenance. It improves safety, reduces erosion, and keeps the existing feature usable without​
  ​altering its size or role on the site.​

​From a zoning perspective, the question is whether this type of work constitutes development, or whether​
 i​t falls under maintenance of a preexisting condition. Under the Burlington Comprehensive Development​
  ​Ordinance, the driveway qualifies as a lawful preexisting condition. Article 5 recognizes that such​
 ​conditions may continue and be maintained, provided they are not expanded or intensified.​




 Page 33 of 55
​That is exactly the case here. The footprint has not changed. There is no meaningful increase in​
 i​mpervious coverage beyond what has historically existed. The use remains the same. The gravel simply​
  ​restores and stabilizes an existing condition.​

​The Burlington Zoning Ordinance, along with Vermont statute, allows for the maintenance and repair of​
 ​nonconforming features. In practice, this kind of surface work is consistent with that allowance. It does not​
  i​ntroduce a new site feature or alter the dimensional characteristics of the existing one.​

​There is also reference to a 2021 image suggesting the driveway was not in use. A temporary lapse in​
 ​use or a period of deterioration does not eliminate the existence of a long-established site feature, nor​
  ​does it convert it into something else. This area was not redefined as green space, and no action was​
 ​taken to abandon its use as a driveway.​

​In short, this is a case of maintaining an existing condition, not creating a new one.​

​The owner has made a good-faith effort to improve the property in a way that aligns with the broader​
 ​goals of safety, functionality, and preservation of housing. The driveway work is consistent with that effort​
  ​and with the intent of the ordinance.​

​For these reasons, we respectfully ask that the Board grant the appeal and rescind the Notice of Zoning​
 ​Violation.​

​Thank you for your time and consideration.​

​Michael Alvanos​
 ​JRMA​​design studio​




 Page 34 of 55
 Zoning Permit – Reasons for Denial

 ZP #: 26-78 Tax ID: 039-2-007-000


 Issue Date: March 18, 2026 Decision: Denied
 City of
 Burlington, Vermont
 645 Pine Street
 Property Address: 88 Lafountain Street


Description: After-the-fact installation of gravel driveway.

Reasons for Denial:
The subject driveway conflicts with the dimensional standards of Sec. 4.4.5, Residential Districts, of the
Comprehensive Development Ordinance. Specifically, it sits within the minimum required 5 ft side yard
setback and increases the nonconforming lot coverage to 88% (55% is the maximum permissible). The
photographic records demonstrate that this driveway does not qualify as a pre-existing nonconformity per
Article 5, Part 3, Non-Conformities, of the Comprehensive Development Ordinance.




An interested person may appeal a decision of the Zoning Administrator to the Development Review
Board within 15 days after the decision date per Sec. 12.2.2, Appeals of Administrative Officer Decisions.
Appeals may be filed online at burlingtonvt.viewpointcloud.com/categories/1098 or in-person at 645 Pine
Street, Burlington, Vermont. https://www.burlingtonvt.gov/DPI/Appealing-a-Zoning-Decision




 Page 1 of 1

 Page 35 of 55
Proposed remedy of Notice of Violation (NOV) under ZCPT-26-6 for the after-the-fact
installation of gravel for driveway.


This application is submitted in response to the recent Notice of Zoning Violation (ZCPT-26-6)
and seeks review of the existing driveway condition on the southern portion of the property.
The driveway in question predates the current owner and has historically served as an access
drive to the lot. Over time, repeated vehicular use resulted in significant tire ruts and surface
degradation. These depressions created uneven conditions that posed potential safety concerns
for both vehicles and pedestrians, particularly during periods of inclement weather.
To stabilize the surface and restore safe, functional access, a layer of gravel was installed. The
gravel was added solely to reestablish a proper structural base, improve drainage, and prevent
further erosion and deterioration of the existing driveway surface. This corrective measure was
undertaken as a safety improvement to ensure reliable access for tenants and to maintain the long
term integrity of the drive.




 Page 36 of 55
 PROJECT INFORMATION

 PROJECT DESCRIPTION: CONVERT EXISTING REAR PORCH TO ENCLOSED HEATED
 SPACE BEDROOMS AND UPDATE REAR ENTRY

 PROJECT ADDRESS: 88 LA FOUNTAIN STREET 96 LAFOUNTAIN STEET
 ARCHITECT: JRMA design studio
 175 SUMMIT CIRCLE
 SHELBURNE, VERMONT 05482
 CONTACT: MICHAEL ALVANOS



 24' CURB CUT
 PROPERTY OWNER: SWB LLC
 100 NORTH STREET PROPERTY LINE
 BURLINGTON, VERMONT 05401 108' - 0" +/-

 SPAN NUMBER: 114-035-13759
 SHARED DRIVEWAY
 CURRENT ZONING RM GRASS
 PROPOSED ZONING RM
 55

 WALK-WAY
 ZONING CALCULATIONS GRASS
 21 SQ.FT
 EXISTING PROPOSED
 88 LAFOUNTAIN STEET




 LA FOUNTAIN STREET
 LOT SIZE 7,051 SQ.FT 7,051 SQ.FT
 BUILDING 2,420 SQ.FT 2,420 SQ.FT 4 UNITS
 2,420 SQ.FT

 66' - 0" +/-
 DRIVEWAYS 2,831 SQ.FT 2,831 SQ.FT
 SIDE DRIVEWAY 607 SQ.FT 607 SQ.FT (BUILDING FOOTPRINT)

 66' - 0" +/-
 44 44
 WALKWAYS / STEPS 52 SQ.FT 52 SQ.FT
 PORCHES/DECKS 48 SQ.FT 48 SQ.FT LOT SIZE
 7,051 (.16 ACRES) DRIVEWAY (GRAVEL)
 SHEDS N/A N/A
 PROPERTY LINE
 2863 SQ.FT

 REAR PROPERTY LINE
 (FOOTPRINT)
 TOTALS 5,958 SQ.FT 5,958 SQ.FT WALK-WAY
 21 SQ.FT
 TOTAL LOT COVERAGE ALLOWED 55% REAR ENTRY
 EXISTING LOT COVERAGE 84% CANOPY
 PROPOSED LOT COVERAGE 84% (48 SQ.FT)

 PARKING N/A N/A
 BICYCLE PARKING N/A N/A

 BUILDING HEIGHT 2 STORY 35' - 0" +/- WALK-WAY
 ALLOWABLE DENSITY 4 DU MAX PRIMARY 1,800 SQ.FT 10 SQ.FT
 4 DU MAX SECONDARY 1,100 SQ.FT 55 GRASS




 12' CURB CUT
 OCCUPANCY R-2
 CONSTRUCTION TYPE V-B (NON SPRINKLED) DRIVEWAY (GRAVEL) GRASS
 607 SQ.FT 11
 (FOOTPRINT)
 ZONING - ARTICLE 4 REFERENCES 53 108' - 0" +/-
 PROPERTY LINE




 DRIVEWAY (GRAVEL)

 NOTE ON (ZCPT-26-6)
 86 LAFOUNTAIN STEET
 THIS APPLICATION IS SUBMITTED IN RESPONSE TO THE RECENT NOTICE OF ZONING
 VIOLATION (ZCPT-26-6) AND SEEKS REVIEW OF THE EXISTING DRIVEWAY CONDITION ON
 THE SOUTHERN PORTION OF THE PROPERTY.

 THE DRIVEWAY IN QUESTION PREDATES THE CURRENT OWNER AND HAS HISTORICALLY
 SERVED AS AN ACCESS DRIVE TO THE LOT. OVER TIME, REPEATED VEHICULAR USE
 RESULTED IN SIGNIFICANT TIRE RUTS AND SURFACE DEGRADATION. THESE DEPRESSIONS
 CREATED UNEVEN CONDITIONS THAT POSED POTENTIAL SAFETY CONCERNS FOR BOTH
 VEHICLES AND PEDESTRIANS, PARTICULARLY DURING PERIODS OF INCLEMENT WEATHER.
 TO STABILIZE THE SURFACE AND RESTORE SAFE, FUNCTIONAL ACCESS, A LAYER OF
 GRAVEL WAS INSTALLED.

 THE GRAVEL WAS ADDED SOLELY TO REESTABLISH A PROPER STRUCTURAL BASE, PLEASE NOTE: THIS IS NOT A SURVEY. ALTHOUGH JRMA DESIGN STUDIO HAS, TO THE BEST OF ITS
 IMPROVE DRAINAGE, AND PREVENT FURTHER EROSION AND DETERIORATION OF THE SITE PLAN ABILITY AND PROFESSIONAL CAPABILITIES TRIED TO ENSURE ACCURACY, THIS DRAWING DOES NOT
 EXISTING DRIVEWAY SURFACE. THIS CORRECTIVE MEASURE WAS UNDERTAKEN AS A 1 REPRESENT ANY GUARANTEE OR VALIDATE ANY INFORMATION PROVIDED. THE INFORMATION HEREIN
 SAFETY IMPROVEMENT TO ENSURE RELIABLE ACCESS FOR TENANTS AND TO MAINTAIN 1/16" = 1'-0" WAS PRODUCED FROM THE BURLINGTON VERMONT ASSESSORS DATABASE, BURLINGTON ZONING
 THE LONG TERM INTEGRITY OF THE DRIVE. MAPS, G.I.S DATA, AND GOOGLE MAPS.




 88 LA FOUNTAIN STREET
 SITE PLAN
 Project number 2025 344
JRMA design studio
architecture - planning - development
 Date
 Drawn by
 2025 03 03
 M.A
 A1
 Checked by M.A Scale 1/16" = 1'-0"

ISSUED FOR BUILDING PERMIT ONLY - CONTRACTOR TO REVIEW PRIOR TO ANY CONSTRUCTION Page 37 of 55
 1978 Ortho Photo




88 Lafountain St




 Page 38 of 55
 2000 Ortho Photo




88 Lafountain St




 Page 39 of 55
 2004 Ortho Photo




88 Lafountain St




 Page 40 of 55
 2009 Ortho Photo




2009 Lafountain St




 Page 41 of 55
 2013 Ortho Photo




88 Lafountain St




 Page 42 of 55
 2018 Ortho Photo




88 Lafountain St




 Page 43 of 55
 2019 Ortho Photo




88 Lafountain St




 Page 44 of 55
 2025 Ortho Photo




88 Lafountain St




 Page 45 of 55
Page 46 of 55
Page 47 of 55
Page 48 of 55
Department of Permitting & Inspections William Ward, Director
 Scott Gustin, AICP, CFM, Principal Planner
Zoning Division Mary O’Neil, AICP, Principal Planner
645 Pine Street Kirk Dressing, Associate Planner
Burlington, VT 05401 Joseph Cava, Permit Technician
Telephone:(802) 865-7188 Collin Naheedy, Code Compliance Officer
(802) 865-7195 (FAX)




 TO: Development Review Board
 FROM: Scott Gustin
 DATE: May 19, 2026
 RE: ZAP-26-5; 261 South Winooski Avenue

 The notice of zoning violation subject to this appeal has been resolved by way of a zoning permit
 issued, with some required changes, for the previously unpermitted windows. A withdrawal of the
 appeal is anticipated. If not received prior to the DRB hearing, this appeal can be dismissed as
 moot.




 Page 49 of 55
 Zoning Permit – Conditions of Approval

 ZPW: 26-41 Tax ID: 049-4-151-000


 Issue Date: April 29, 2026 Decision: Approve
 City of
 Burlington, Vermont
 645 Pine Street
 Property Address: 261 South Winooski Ave


Description: After-the-fact replacement of old and damaged windows.


Project Permit Conditions:
 1. Muntins (grilles) and mullions for the modified and new windows shall be adhered to the exterior
 of the windows.
 2. Vermont Residential Building Energy Standards apply to this project. Compliance with the
 standards is the Owner’s responsibility. Prior to requesting a Certificate of Occupancy, a copy of a
 completed Vermont Residential Building Energy Standards Certificate shall be submitted with a
 Certificate of Occupancy (final or temporary) request, and filed in the Land Records located at the
 Clerk/Treasurers office in City Hall (149 Church Street). For more information, see
 http://publicservice.vermont.gov/energy_efficiency

Standard Permit Conditions:

 1. Other City, State or Federal Permits. The owner is solely responsible for obtaining all other
 required City, state and federal approvals. Failure to do so may invalidate this Zoning Permit and
 result in enforcement actions. Wastewater permits are issued by the State and are frequently
 required as a result of expansion or change in use.
 Note: All projects receiving a Zoning Permit also require a Construction Permit or written
 confirmation that a Construction Permit is not required from the Department of Permitting
 & Inspections Trades Division. All construction permits must be closed out by way of approved
 inspections by Trades before issuance of a Zoning Certificate of Occupancy (ZCO) by the Zoning
 Division as per Condition 3, below. Note: All projects involving earth disturbance of 400 square
 feet or more require a reviewed and approved erosion prevention and sediment control
 (EPSC) permit prior to the start of construction. This review is closed out by way of a
 completed EPSC Permit and an inspection by Stormwater Program staff or their designee
 before issuance of a ZCO as noted above.
 2. Time Limits. This zoning permit shall become invalid unless work or action authorized by the
 permit is commenced within 1 year of approval. The owner shall complete the approved project
 and obtain a ZCO (combined Zoning and Building certificates of occupancy, still applicable even
 if a zoning or building permit was not required) within 3 years or be subject to enforcement
 actions.

 These time limits are binding upon the owner unless one of the following apply: a) longer or
 shorter time limits are specifically imposed by a condition of approval; or b) the time limits are


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 tolled by additional state or federal permitting for the project or by an appeal; or c) an extension of
 time has been granted. An extension of time must be requested in writing PRIOR to the
 expiration of the permit. If the owner has enacted the permit and it lapses, the owner may be
 responsible to obtain a new zoning permit, if required, which shall be subject to the current
 Comprehensive Development Ordinance (CDO).
3. Zoning Certificate of Occupancy (ZCO): It shall be unlawful to use or occupy (or allow the use
 or occupancy of) any land or structure or part thereof which has been created, changed, converted,
 or wholly or partly altered or enlarged in its use or structure without a ZCO.

 If the project is partially completed, meets “prior to issuance of a ZCO” conditions of approval,
 meets all life and safety standards, and all municipal fees for the project are paid, a Temporary
 Zoning CO may be requested and issued. Upon completion of the project, applicant shall
 request and obtain a Final ZCO from the Zoning Division (located at 645 Pine Street). Additional
 information on how to request and obtain this ZCO is available at this office. Failure to obtain a
 Zoning certificate of occupancy places the property in violation of the CDO and is subject to
 enforcement.
 In addition, Failure to obtain a ZCO within the time limits above is subject to “after the fact”
 fees ranging from $75 - $1500.
4. Project Modifications. The project shall be completed, operated, and maintained in accordance
 with: (a) the conditions of this permit and (b) the permit application, plans (which have been
 stamped “approved” and dated by the administrative officer), and exhibits on file with the Board
 or administrative officer and other material representations. In the event of any conflict, the terms
 and conditions of this permit shall supersede the approved plans and exhibits. The project shall
 not deviate from the approved plans or conditions of approval without prior written approval from
 the administrative officer.
5. Property Inspection. By acceptance of this permit, the owner authorizes City Officials and/or
 their authorized representatives, access to the subject property for the purpose of observing work
 in progress, inspecting and/or measuring the property or improvements until such time the project
 has been issued a Final ZCO.
6. Completion and Maintenance of Improvements and Landscaping. Owner or successor in
 interest is responsible for completing all improvements shown on approved plans. By acceptance
 of this permit, Owner agrees to maintain all improvements in a satisfactory condition. Any
 landscaping installed according to the approved plan which becomes diseased or dies shall be
 replaced by similar species and size no later than the first available planting season.
7. Off-Site Drainage. Issuance of this permit does not authorize the discharge of stormwater runoff
 or other surface drainage from the subject premises onto adjoining property or properties
 including but not limited to the public Right of Way.
8. Errors. The owner is solely responsible for the accuracy of all information contained in the
 Zoning Permit application. Any errors contained therein may invalidate the Zoning Permit and
 may result in enforcement action by the City.
9. Transfer of Ownership. All zoning permits run with the land. In the event of a transfer of
 ownership, partial or whole, of the subject premises, the transferee shall become permittee and
 subject to compliance with the terms and conditions of this permit.




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 10. Violations/Penalties. A violation of any of the conditions of this permit or of any provision of the
 CDO may result in enforcement actions, including but not limited to a penalty of up to two
 hundred dollars ($200) per day, municipal tickets, and/or additional permitting fees.
 11. Incorporation and Reference of All Plans Presented. This approval incorporates by reference
 all plans and drawings presented and all verbal representations by the applicant on the subject
 application to the extent that they are not in conflict with other stated conditions or regulations.
 12. For Properties Involved in Boundary Disputes. Boundary disputes are not within the
 jurisdiction of the administrative officer or the Development Review Board. When an application
 is submitted and the boundary of the subject property is called into question, the boundary will be
 determined based upon the best evidence available, for instance a survey or other official
 document. If a permit is issued and contrary evidence is presented to the City after the fact, such
 as a survey or Superior Court ruling with respect to the boundary lines, the permit may be
 amended or revoked by the City.
 If the permit is amended or revoked, owner shall bear all costs to remedy the situation, including
 removal of the structure(s) if necessary, that is if the structure(s) is/are unable to meet the
 requirements of the CDO and receive an amended permit in light of the actual boundary line.
 13. Damage to City Property. The Owner is responsible for any damage to the City of Burlington’s
 property, including but not limited to its right-of-way, sewer/water lines, etcetera, that occurs
 during the site improvements authorized by this permit. If damage occurs, the Owner shall restore
 the property to a condition equal to or better than the condition of the property prior to such
 damage.
 14. City Rights-of-Way and Ownership. Permit approval does NOT authorize any work to be
 undertaken within the public ROW. Any work in the ROW can only occur with prior
 authorization by DPW and/or City Council, as required. Any work or improvements that are taken
 within the City’s right of way does not diminish the City’s ownership or authority regarding said
 right of way.
 15. Liquor License Required. An approval of any use that includes the sale of alcoholic beverages
 is contingent upon the receipt of a liquor license from the City of Burlington or the State of
 Vermont, whichever is applicable.

An interested person may appeal a decision of the Zoning Administrator to the Development Review
Board within 15 days after the decision date per Sec. 12.2.2, Appeals of Administrative Officer Decisions.
Appeals may be filed online at https://burlingtonvt.portal.opengov.com/categories/1098/record-
types/6521or in-person at 645 Pine Street, Burlington, Vermont.
Appealing a Zoning Decision | Burlington, VT




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 PERMITTING & INSPECTIONS
 645 Pine Street, Ste. A | PO Box 849
 Burlington, VT 05402-0849

 Housing: (802) 863-0442
 Trades: (802) 863-9094
 Zoning: (802) 865-7188

 NOTICE OF ZONING VIOLATION (NOV ZCPT-26-5)

 Mailed Certified Mail 9590-9402-8556-3186-4498-38
March 12, 2026
 And FIRST CLASS MAIL
 NOTICE OF VIOLATION AT:
FIELD STONE PROPERTY, Address: 261 South Winooski Avenue,
MANAGEMENT, LLC BURLINGTON, VT
2056 NORTH AVE TAX LOT 049-4-151-000
BURLINGTON, VT 05408
 Zoning Violation ZCPT-26-5

Dear Owners,
It has come to the attention of this office that a zoning violation exists at 261 South Winooski Avenue,
Burlington, Vt.
Description of Violation: Windows have been replaced without Zoning approval. At least three (3) windows
on both the East & South elevations have been replaced, in addition to two (2) windows on the North
elevation (8 windows total).
Burlington Comprehensive Development Ordinance (CDO) Article(s): 2, 3, 4, 12, and 24 VSA §4451.
Please be advised that violations of the CDO are subject to fines of up to two hundred dollars ($200.00) for each
day that a violation continues. You may submit an application to attempt correction of the violation, however, be
advised application and filing fees are subject to a fee increase for permits required to correct a violation.
This correspondence serves as a formal notice of a zoning violation pursuant to 24 V.S.A §4451. You have seven
(7) days from receipt of this notice to cure the referenced violation. Additional warnings for the violation are not
required and will not be forthcoming. In the event that the violation is not cured or remedied as provided for in
this notice, the City will pursue enforcement of the violation as provided for by law.
This Notice of Violation (NOV) may be appealed to the Burlington Development Review Board in accordance
with the provisions of CDO Sections 2.7.12 and 12.2.2 provided that such appeal is filed within fifteen (15) days
of the date of this NOV March 12, 2026, online at https://burlingtonvt.viewpointcloud.com/categories/1098 and
accompanied by the appropriate fee, ($250), in accordance with Sec. 3.2.4(a) of the CDO. Or Appeal fee and
complete application shall be filed with the City’s Zoning Office (645 Pine Street) by 4 pm on March 27, 2026;
an appeal shall not be perfected until the fee is received.
If you have any questions, please call Collin Naheedy or William Ward at (802) 863-0442.

Sincerely, Sincerely,




 Information available in alternative media forms for people with disabilities.
 For disability access information call (802) 865-7121 or (802) 863-0450 TTY.
 An Equal Opportunity Employer
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 261 South Winooski Ave Notice of Violation
 March 23, 2026
 Page 2 of 3

William Ward Collin Naheedy
Zoning Administrative Officer Code Compliance Officer


 Cc: Land Records for Tax Lot 049-4-151-000
 VIOLATION DETAILS
 LOCATION: 261 South Winooski Avenue, Burlington
DECISION DATE: March 12, 2026
 VIOLATION Windows have been replaced without Zoning approval. At least three (3) windows on
  DESCRIPTION: both the East & South elevations have been replaced, in addition to two (2) windows on
 the North elevation (8 windows total).
 FINDINGS:




 REMEDY Within seven (7) days from receipt of this notice you may cure the violation by:
 OPTIONS:
 1) Removing the violation noted above by doing removing the above depicted
 windows and restoring the Premises to its prior state, and informing the
 Zoning Office that the violation has been removed so our office may verify
 compliance; or

 2) Obtaining approval from the City’s Zoning Office for replacing windows
 without an approved zoning permit (permit application fee is doubled if
 complete application is submitted within seven days from receipt of the NOV,
 tripled if a complete application is submitted 7-15 days from receipt of the NOV,
 or triple plus $75 per hour of staff time (up to $500) if a completed application is
 submitted after 15 days from date of NOV receipt). See CDO Section 2.7.8.
 PLEASE NOTE: If the zoning permit request is denied, the violation is NOT
 cured. Owner shall be required to remove the violation as noted in #1 above or




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 261 South Winooski Ave Notice of Violation
 March 23, 2026
 Page 3 of 3

 request an agreement as noted in #3 below within five (5) business days from
 date of the permit denial; or

 3) Entering into an Agreement with the City of Burlington to extend deadlines in
 which to come into compliance with the City’s ordinance (administrative fees
 required).
APPEAL RIGHTS: You have the right to appeal the enforcement officer’s decision that a zoning violation
 exists on your property to the Development Review Board in accordance with the
 provisions of Articles 2.7.12 and 12.2.2 of the CDO within fifteen (15) days from the
 date of this notice. The deadline for filing an appeal is 4 pm on March 27, 2026.
 Submit a complete application with ZV # and appropriate fee, ($250), to the City’s
 Zoning Office at 645 Pine St, or online at
 https://burlingtonvt.viewpointcloud.com/categories/1098 accompanied by a memo
 stating the ZV#, the owner’s name and address, a brief description of the property with
 respect to which the appeal is taken, a reference to the regulatory provisions applicable
 to that appeal, the relief you are requesting, and the alleged grounds why such relief is
 believed proper under the circumstances. Failure to appeal constitutes admission that
 the violation exists, and the decision of the enforcement officer shall be binding 24 V.S.A
 §4472(d).
  REGULATION CDO Article(s): 2, 3, 4, 12 and 24 VSA §4451
 CITATION:




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