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