Loading...
HomeMy WebLinkAboutBATCH - Supplemental - 0929 Shelburne RoadDecember 20, 1978 Mr. Fred Smith The Merchants sank 123 Church Street Burlington, Vermont 05401 Re: "Temporary" bank, Shelburne Road Dear Mr. Smith: I have been asked by the South Burlington Planning Commission to inquire about the temporary status of your branch bank on Shelburne Road. Your recent building permit for enlargement of this building seems to be somewhat inconsistent with the state- ments made when you originally got your approval (see minutes enclosed). Since the 5 year period you mentioned initially is nearly up, and also because of complaints about aesthetics and circulation at the site, we would like to resolve these matters, in a mutually agreeable fashion. For the South Burlington Planning Commission, Stepben Page, Planner 7• greater unless you put up a six -story building. Mrs. Maher read from Chapter 91, an amendment or an appeal of the by-law. It was stated that no formal action can be taken this evening except to advertise the public notice. It was asked that if the Planning Commission agrees to hold a public hearing, would the wording in the public notice be so formal as to preclude the Commission from changing it in any way. It was stated that the public hearing would be to air the question. Mrs. Maher asked for the wishes of the Planning Commission. Mr. Levesque made a motion to have a public hearing Lor the zone change of the parcel of land containing approximately 12 acres, located off Joy Drive based on the request and legal definition. Mr. Poger seconded said motion. Mr. Poger stated it seems silly to hold a public hearing on a change in the Ordinance that they are not in favor of. Mr. Wessel stated he thinks it goes against what they believed in in the Zoning Ordinance. Mr. Poger stated that this land would probably not yield much commercially. The motion passed three to one. Mr. Wessel voted no, and Mrs. Maher, Mr. Levesque and Mr. Poger all voted fires. SITE PLAN REVIEW:ERRCHANT BANK, SHELBURNE ROAD, BURLINGTON PLAZA Mr. Fred Smith stated that they have had approval for a bank for several years and have looked at 15 sites on Shelburne Road. This would be in Mammoth Mart Plaza and would be a temporary banking site for a period of about five years. They want to put in a modular unit of 12 x 50 ft. plus a drive-in. It was stated that most of the traffic would be vehicular traffic. There was discussion, re: construction, fabricated modular units, exterior of the building. They do not want it to look temporary; it would be landscaped and fenced in. It was stated that they are going temporary because there is no permanent lot available at this time. They eventually hope to go into a shopping enclosed mall which may be proposed on Shelburne Road at some future time. Mr. Szymanski stated it would be difficult to maneuver into the drive-in unit. Mr. Tony Adams stated that the details need refinement. Mr. Szymanski stated that there is no provision for employee parking area. Mr. Adams stated that that needs more study too. Mr. Szymanski stated that the alternate drive -up is not defined. Mr. Ward stated the pro- posed building is in a different location from another proposal. Mrs. Maher read Mr. Ward's memo, re: size of lot, etc. Mrs. Maher asked Mr. Ward to direct #3 of his memo to Mr. Spokes. It was stated that a performance bond would have to be taken care of and soil tests would have to be made. Bonds would have to be put up for sewer and water lines. There was discussion, re: frontage,landscaping frontage, planting beds close to the building, widening bumper strip, fencing, and planting on the north line. Mr. Ward stated they may not need screening and planting as the land next door may be sold or has been sold. The sewer is on the south side of the building. They will re- turn in two weeks to firm the proposal up. DISCUSSIOId CONTINUED ON BARTLETT PROPERTY AN4D NATIONAL LIFE PROPERTY ;;r. Roger Curtis and b;r. James Lamphere were present for this dis- cussion. It was stated that what they are looking for is what the Planning Commission thinks of their concepts and whether the Planninr 1. To develop a park like situation: Remove snags and debris from present channel. Cut dead trees and generally cleanup area and leave as a green space. Most of above would be manual labor - chain saw and the trucking away of debris, etc. Mr. Levesque seconded said motion. The motion passed with a 4 to 1 vote, with Mr. Robenstein voting against the motion. Mr. Robenstein stated that in his best judgment, he is not satisfied with the figures presented, re: traffic; the amount of turning and the problems that relate to these turning movements and putting something; of this capacity in is going to compound the problems of traffic. Mr. Wessel explained why he voted as he did. He feels the developer did a very good job in developing this plan. He feels that in the time (8 days) left, there is not enough time to do anything. He does think we should have a traffic study done, and he does not feel he could turn it down without facts and figures. It was stated that Mr. Wessel and Mr. Poger and Mrs. Maher feel they need a full time Planner, There was discussion, re: overall plan. Mr. Levesque stated he thinks this is a good step forward. It was agreed that the City needs a full time planner and also needs funds to make traffic studies, etc. Mr. Gagne asked if a set of plans -could be.signed as -approved for his keeping. The commission agreed that the plans are adeoluate to serve as final plans. CONTINUE SITE REVIEW, MERCHANTS BANK, BURLINGTON PLAZA Mrs. Maher read a letter from the City Attorney, Richard Spokes and also a letter from Mr. Anthony Adams, re: site plan review of the Merchants Bank proposal in the Burlington Plaza off Shelburne Road. Mr. Smith discussed traffic flow, subdivision plans, etc. It was stated that the traffic flow was modified. The drive -up facility is located now on the north end of the building. There was also a con- cern, re: plantings, and he thinks they have sufficiently responded. There was also a requirement for test borings and Mr. Smith stated that they have responded to this also. He wishes to establish it is a temporary building and will be landscaped so it will look handsome and it also meets setback requirements. This plan presented this evening conforms with Mr. Szymanski's recommendations. There was discussion, re: landscaping, plantings being of good size (6 to 8 feet high), number of plantings, species, estimation of plantings costing approxi- mately $2400.00. Mr. Ward stated that a free standing sign will not be allowed. Mr. Wessel asked about the footnote to the Engineer's report, re: footings. Mrs. Maher stated that the City has no Building; Code. It was stated that the footings are a design problem. Tars. 7."aher then asked for the wishes of the Commission. Mr. Robenstein made a motion that the Commission accept the plan as shown of the Merchants Bank Burlington Plaza, and that a bond be posted for the sewer ap and a2 00.00 bond be posted for landscaping. Ivor. iiessel seconded said motion which passed unanimously. I PLANNING COMMISSION JANUARY 2, 1979 The South Burlington Planning January 2, 1979 at 7:30 p.m. Williston Road Members Present Commission held a meeting on Tuesday, in the Conference Room, City Hall, 1175 Sidney Poger, Chairman; Ernest Levesque, George Mona, Peter Jacob, James Ewing, Kirk Woolery, James Draper Members Absent None Others Present Stephen Page, Planner; John Berger, Free Press; Sandy Kleppinger; Bill and Ethel Schuele; David Boehm; Lowell Krassner; Harvey Butter- field, David Morency; Robert kialsh; Andy Potter, WJOY Minutes of December 12, 1978 On motion by Mr. Jacob, seconded by Mr. Levesque, the minutes of December 12, 1978 were accepted unanimously. Mr. Poger read a letter from the Merchant's Bank (filed with these minutes) and said that a statement in the letter conflicts with representations made by the bank when it originally obtained site plan approval in April, 1974. While the bank said in its letter that its Shelburne Road facility was to be temporary until such time as a long term lease could be negotiated with the owners of the shopping center, the minutes of the original approval only indicate that the bank was to be a temporary one, for a period of approximately 5 years. Mr. Poger voiced his growing concern over developers saying one thing and doing another; he cited the most recent example of Greer's�where the applicant sought and obtained site plan approval for an addition to be used for storage purposes, and then subsequently decided to seek approval for a separate business to occupy a portion of the new addition. Mr. Page was directed to obtain an informal opinion from the City Attorney on the City's legal rights vis-A-vis the "temporary" status of the Merchant's Bank. It was the consenus of the Commission that, after receiving this opinion, they imula decide on the need for a meeting with a bank represenative. Comprehensive Plan Review Mr. Page summarized his memo of 12/26/78, suggesting a format for plan review, and outlining the newly updated base data avail- able, such as the land use inventory, growth rate chart, and in- ventory of the status of major residential projects. Then Mr. Poger gave a brief introduction on the history and philosophy of comprehensive planning in the city. He then asked for comments from the audience. Mrs. Ethel Schuele, representing the South Burlington League of Women Voters, read a prepared statement (copy filed with these minutes) concerning the League's desires on the directions of South Burlington Planning. In addition, she called for a treater SPOKES 8 OBUCHOWSK[ ATTORNEYS AT LAW P. O. BOX 2325 SOUTH BURLINGTON, VERMONT 05402 RICHARD A. SPOKES 1775 WILLISTON ROAD JOSEPH F. OBUCHOWSKI January 22, 1979 TELEPHONE (802) 863-2857 Mr. Stephen Page City Planner City of South Burlington 1175 Williston Road So. Burlington, Vermont 05401 Re: The Merchants Bank Shelburne Road Building Dear Steve: The Planning Commission asked me to review the recent activities at the Shelburne Road branch of The Merchants Bank. I understand Dick Ward issued a zoning permit to the Bank for certain alterations of the existing structure. In April of 1974 I reviewed the Bank's plans for a building in the shopping center developed by Just Gold. It was my conclusion at that time that subdivision review was not necessary, but that site plan review was appropriate. The Commission did review the proposed site plan of the Bank, and issued its approval. In read- ing the minutes of those proceedings, it was clear the Bank in- tended to erect a temporary structure, and that plans for a more permanent building would not be formulated for four or five years. The Planning Commission's approval, however, did not contain any condition that the building be temporary in nature, nor did it retain jurisdiction to review the Bank's plans if they wished to make the structure more permanent. When the Bank applied for a permit for its alterations, the Zoning Administrator concluded that the alterations would not affect any of the items which are subject to site plan review, namely parking, ingress and egress, circulation of traffic, and landscaping and screening. I would judge Mr. Ward's decision to be correct. I also do not feel the Bank is in violation of its original approval nor in violation of any zoning regulation. I cannot resist this opportunity to caution the Planning Commission to take extreme care in granting any temporary approvals. First, Mr. Stephen Page I would discourage any approvals of a if circumstances dictate a temporary approval must be clearly set forth in decision. RAS/ccb cc: William Szymanski Richard Ward Pg. 2 temporary nature. Secondly, approval, the conditions of the Planning Commission's Very truly yours, Richard A. Spokes Al E M O R A N D U M To: South Burlington City Coun cil From: Richard Ward, Zoning Administrative Officer Re: Merchant Bank Shelburne Road Building Date: 9/7/79 This is the information request by the City Council regarding the temporary status of the Merchant Bank at Shelburne Road. o- JOHN T. EWING RICHARD A. SPOKES LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 AREA CODE 802 April 19, 1974 863-2857 Mr. Richard R. Ward Zoning Administrator 1175 Williston Road South Burlington, Vermont 05401 RE: Site Plan Review Application of Merchants National Bank Dear Dick: Presently the Planning Commission is reviewing the site plan of the Merchants National Bank for a building proposed for the Mammoth Mart Shopping Center. It is my understanding that several years ago the Planning Commission approved a subdivision plan for Justgold. This plan depicted the present shopping complex in which Mammoth Mart, Martins and others are located. The plan also showed a branch -bank building, although the building is not in the same location as the present proposal. The original location of the proposed building as shown on the subdivision plan, would not comply with the present zoning regulations concerning set -back, etc. The location of the proposed building as shown on the newly submitted site plan does comply with the new zoning regulations. I would conclude that the mere change in location of the building shown on the original subdivision plan does not re- quire a new subdivision application. Any relevant matters created by the change in location would be adequately covered in site plan review. Very truly yours, Richard A. Spoke�J RAS:nm Y 5. 1. To develop a park like situation: Remove snags and debris from present channel. Cut dead trees and generally clean up area and leave as a green space. Most of above would be manual labor - chain saw and the trucking away of debris, etc. Mr. Levesque seconded said motion. The motion passed with a 4 to 1 vote, with Mr. Robenstein voting against the motion. Mr. Robenstein stated that in his best judgment, he is not satisfied with the figures presented, re: traffic; the amount of turning and the problems that relate to these turning movements and putting something of this capacity in is going to compound the problems of traffic. Mr. Wessel explained why he voted as he did. He feels the developer did a very good job in developing this plan. He feels that in the time (8 days) left, there is not enough time to do anything. He does think we should have a traffic study done, and he does not feel he could turn it down without facts and figures. It was stated that Mr. Wessel and Mr. Poger and Mrs. Maher feel they need a full time Planner, There was discussion, re: overall plan. Mr. Levesque stated he thinks this is a good step forward. It was agreed that the City needs a full time planner and also needs funds to make traffic studies, etc. Mr. Gagne asked if a set of plans.could be -signed as approved for his keeping. The commission agreed that the plans are adequate to serve as final plans. CONTINUE SITE REVIEW, MERCHANTS BANK, BURLINGTON PLAZA Mrs. Maher read a letter from the City Attorney, Richard Spokes and also a letter from Mr. Anthony Adams, re: site plan review of the Merchants Bank proposal in the Burlington Plaza off Shelburne Road. Mr. Smith discussed traffic flow, subdivision plans, etc. It was stated that the traffic fl6w was modified. The drive -up facility is located now on the north end of the building. There was also a con- cern, re: plantings, and he thinks they ,have sufficiently responded. There was also a requirement for test borings and 1,1r. Smith stated that they have responded to this also. He wishes to establish it is a temporary building and will be landscaped so it will look handsome and it also meets setback requirements. This plan presented this evening conforms with Mr. Szymanski's recommendations. There was discussion, re: landscaping, plantings being of good size (6 to 8 feet high), number of plantings, species, estimation of plantings costing approxi- mately $2400.00. Mr. Ward stated that a free standing sign will not be allowed. Mr. Wessel asked about the footnote to the Engineer's report, re: footings. Mrs. Maher stated that the City has no Building Code. It was stated that the footings are a design problem. Mrs. Maher then asked for the wishes of the Commission. Mr. Robenstein made a motion that the Commission accept the plan as shown of the Merchants Bank Burlington Plaza, and that a bond be , posted for the sewer -tap and a 2 00.00 bond be posted for landscapi Mr. Wessel seconded said motion which passed unanimously. 7. greater unless you put up a six -story building. Mrs. Maher read from Chapter 91, an amendment or an appeal of the by-law. It was stated that no formal action can be taken this evening except to advertise the public notice. It was asked that if the Planning Commission agrees to hold a public hearing, would the wording in the public notice be so formal as to preclude the Commission from changing it in any way. It was stated that the public hearing would be to air the question. Mrs. Maher asked for the wishes of the Planning Commission. Mr. Levesque made a motion to have a public hearing_ or the zone change of the parcel of land containin,- approximately 12 acres, located off Joy Drive based on the request and legal definition. Mr. Poger seconded said motion. Mr. Poger stated it seems silly to hold a public hearing on a change in the Ordinance that they are not in favor of. Mr. Wessel stated he thinks it goes against what they believed in in the Zoning Ordinance. Mr. Poger stated that this land would probably not yield much commercially. The motion passed three to one. Mr. Wessel voted no, and Mrs. Maher, Mr. Levesque and Mr. Poger all voted yes. SITE PLAN REVIEW: MERCHANT BANK, SHELBURNE ROAD, BURLINGTON PLAZA Mr. Fred Smith stated that they have had approval for a bank for several years and have looked at 15 sites on Shelburne Road. This would be in Mammoth Mart Plaza and would be a temporary banking site for a period of about five years. They want to put in a modular unit of 12 x 50 ft. plus a drive-in. It was stated that most of the traffic would be vehicular traffic. There was discussion, re: construction, fabricated modular units, exterior of the building. They do not want it to look temporary; it would be landscaped and fenced in. It was stated that they are going temporary because there is no permanent lot available at this time. They eventually hope to go into a shopping enclosed mall which may be proposed on Shelburne Road at some future time. Mr. Szymanski stated it would be difficult to maneuver into the drive=in unit. Mr. Tony Adams stated that the details need refinement. Mr. Szymanski stated that there is no provision for employee parking area. Mr. Adams stated that that needs more study too. Mr. Szymanski stated that the alternate drive -up is not defined. Mr. Ward stated the pro- posed building is in a different location from another proposal. Mrs. Maher read Mr. Ward's memo, re: size of lot, etc. Mrs. Maher asked Mr. Ward to direct #3 of his memo to Mr. Spoke's. It was stated that a performance bond would have to be taken care of and soil tests would have to be made. Bonds would have to be put up for sewer and water lines. There was discussion, re: frontage, landscaping frontage, planting beds close to the building, widening bumper strip, fencing, and planting on the north line. Mr. Ward stated they may not need screening and planting as the land next door may be sold or has been sold. The sewer is on the south side of the building. They will re- turn in two weeks to firm the proposal up. DISCUSSION CONTINUED ON BARTLETT PROPERTY AND NATIONAL LIFE PROPERTY 1 y' Mr. Roger Curtis and Mr. James Lamphere were present for this dis- cussion. It was stated that what they are looking for is what the Planning Commission thinks of their concepts and whether the Planning The Merchants Bank MAIN OFFICE: 123 CHURCH STREET, BURLINGTON, VERMONT 05401 802/658-3400 December 26, 1978 Mr. Stephen Page South Burlington Planning Commission 1175 Williston Road South Burlington, Vermont 05401 Dear Stephen: Thank you for your letter of December 20th inquiring about the current status of our Shelburne Road office. Undoubtedly, as you are aware our bank holds a ground lease on the parcel of land measuring 95' x 185' in the shopping park with Justgold Holding Co. This lease was originally signed on July 17, 1974, negotiated for an initial term of five years. Our facility was located in the shopping park within the zone as originally approved for a bank by the Planning Commission. The "temporary" nature of this facility was only intended to last for a few years or until such time as an alternative banking site, or a new lease could be negotiated with Justgold. The latter action occured on September 25th at which time we renegotiated a long term lease. This enabled us then to proceed with a redesign of our modular building and reconstruction into a semi -permanent facility. Mr. Ward issued a building permit for this construction after review of work- ing drawings and a site plan showing the parking areas, etc. As you can readily see the character of the original building has been dramatically changed, both on the exterior and interior. The facility is now considered to be semi -permanent and esthetically im- proved, however, still on leased land. Please let me know if any additional information may be required for the commission in connection with this matter. Very truly yours, THE MERCHANTS BANK zt�? Fred G. Smith Senior Vice President and Treasurer FGS:emb