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HomeMy WebLinkAboutMinutes - City Council - 08/04/1964BOARD OF SELECTMEN MEETING AUGUST 4, 1964 The Board of Selectmen of the Town of South Burlington met on Tuesday, August 4th, 1964 at 7:30 P. M. at the Town Municipal Building, 555 Dorset Street, So. Burlington. MEMBERS PRESENT: Vincent J. D'Acuti, Chairman; Waitstil E. Brown; Ralph B. Goodrich; Augustus T. Stannard. MEMBERS ABSENT: Stephen Whittlesey OTHERS PRESENT: William E. Mikell, Town Attorney; Irving L. Douglas, Town Manager also guests William Kellner, Chairman, of the Planning Commission; members Leo O'Brien, Royal Chittenden and Arthur Rock; Ralph and Roland Deslaurier; Charlotte Marsh. MINUTES OF PREVIOUS MEETING: Minutes of previous meetings read and approved. JOINT MEETING WITH PLANNING COMMISSION AND MR. ROLAND DESLAURIER: Chairman Vincent J. D'Acuti requested Roland Deslaurier to explain his needs for road construction and to explain his plans. Mr. Deslaurier explained that the Town is to construct an extension to East Terrace approximately 400 feet as per the Town's agreement of 1961 and that he would like to have this road continued for an additional 600 feet although it was not his intention to continue to the golf course road as he did not want through traffic on East Terrace. Mr. Deslaurier also stated that it was his plan to enter into an agreement with Mr. Delorme of Dorset Street to construct a new road to his property on the east side of the thru-way and that this would open up a portion of land that could be used for light industry. The Town had expressed thoughts of needing more space and more land surrounding the Town Office Building for future growth of the needs of the Town. If satisfactory arrangements could be made with the Town to do the construction of these two road projects then it would be possible to enter into a purchase agreement for a portion of the Dorset Street property which Mr. Deslaurier still owns. The Town Manager asked the Planning Commission if the Town could continue the East Terrace extension with the same type of construction that East Terrace now has. The Town Manager was advised by Mr. Kellner, Chairman of the Planning Commission, that the extension of East Terrace of approximately 400' should be the same type construction as East Terface. Mr. Kellner stated that any new roads for development purposes should be constructed according to the sub-division regulations and specifications. Mr. Kellner also stated that he believed that East Terrace if it was constructed an additional 600' should connect with the Quarry Road for thru traffic to Spear Street as the Planning Commission does not approve cul-de-sacs. The Planning Commission and the Board of Selectmen explained to Mr. Deslaurier that he should submit detailed development plans for the extension of East Terrace and the new road from Dorset Street to his property, the same as would be requested of any sub-division developer showing the proposed layout, streets, curbs and drainage for further consideration and approval by the Planning Commission, is Chairman D'Acuti explained to Mr. Deslaurier that construction of the road is to be financed by the developer and that any land purchases would have to go before the voters of the Town of South Burlington to be approved as the exchange of property against the cost of road construction should definitely be through regular channels and voted by the people of the Town. As soon as plans are available for this development they should be presented to the Planning Commission for approval. JOINT MEETING WITH PLANNING COMMISSION AND MR. ROLAND DESLAURIER (cont.): Mr. Deslaurier does not believe that in the extension of East Terrace of 600 feet that he should be expected to put in better construction than now exists on East Terrace. Mr. Deslaurier said that he would submit plans to the Town Manager for a review with the Planning Commission at an early date. FUTURE NEEDS OF PURCHASE OF ADDITIONAL LAND: The Planning Commission was instructed by the Chairman of the Board, Vincent J. D'Acuti to review with the School Department for future needs of purchase of additional land for the future needs of the Town and to submit their report to the Town Manager for review by the Board of Selectmen. PROPOSED ORDINANCE-REZONING OF 500' SOUTH OF WILLISTON ROAD ETC: The Chairman, Vincent J. D'Acuti, requested Mr. Kellner, Chairman of the Planning Commission and the members of the Planning Commission to review the south side of Williston Road from the east side of Dorset Street to the east property line of the Anderson property and to take into consideration Mary Street and Hinesburg Road and recommend to the Board of Selectmen their findings and what depth this can be zoned "Business B" that will be beneficial to the Town and property owners. RIGHT-OF-WAY ON GOVERNMENT PROPERTY: Property adjacent to the chain linked fence to the Airport. The Town Manager explained to the Board that Mr. Doherty, of the Webster-Martin Engineers Firm, and he, on the 29th of July, visited the corp of engineers in Waltham, Mass, to request the purchase of Lot 36, 13, 12, and 10 of what the corp of engineers belief is surplus property. The need for this property is for the right-of-way for the proposed sanitary sewer interceptor and continuation of Airport Drive to Kirby Road. The Town Manager and Mr. Dohertymet with Mr. Geohagan and his staff and reviewed the Plan S-15 as prepared by Webster-Martin Firm and we were advised that the time element in declaring this property surplus would take considerable time to go thru the proper channels and it was suggested by the corp of engineer officials that we request from the corp a permanent or perpetual easement for a 60 foot right-of-way. In doing this it would give us plenty of space for the road and the right-of-way for the sewer and that this easement could be processed thru the Boston Office in a very short time. After this easement has been granted by the corp of engineers, it was suggested that the Town request the corp of engineers to declare the balance of this property surplus and in this way the release of this property could go through the proper channels and be declared surplus. The Town Manager has instructed the Webster-Martin Engineers to proceed with the new set of plans for the right-of-way to be submitted to the corp of engineers at the earliest possible date. SIDEWALK-PATCHEN ROAD: The Town Manager explained to the Board of Selectmen that a new sidewalk from Williston Road north on Patchen Road to White Street was to be constructed, a distance of 400 feet at a total cost of $1075.00 and asked if this should be set up as an approved district and advertised as prescribed by law for a 20% participation by the owners on a front foot basis. The Town Manager was instructed to set this up as a district the same as White Street and Dorset Street had been done. AMERICAN FIDELITY INS. CO: William Mikell, Town Attorney, explained to the Board of Selectmen that the American Fidelity Insurance Company had filed a law suit against the Town of South Burlington and the Hartford Insurance Company referring to the lawsuits that they had participated in protecting the Town and Water Department, for their part in the lawsuits of Ralph Goodrich--Ralph Goodrich Inc. re: blasting accident. LAWSUITS: The Town Attorney reported that the lawsuit-the Town of South Burlington-Antone re-zoning of the Antone property that he was advised by Judge Duval that this lawsuit would have to be tried again and Mathew Leary requested a meeting with the Board of Selectmen at a future date. The Chairman of the Board advised Mr. Mikell that they could meet with Mr. Leary on August 13th (Thursday) at a luncheon and Mr. Mikell was to advise if this date was satisfactory with Mr. Leary. Mr. Mikell briefed the Selectmen on lawsuits pending with the Town of South Burlington. 1. Lawsuit with Town of Charlotte on Welfare will probably be heard at the Fall term of Court. 2. Lawsuit with Brace and Bessette and the American Fidelity Company are pending. APPOINTMENT FOR TOWN GOVERNMENT COMMITTEE: Appointment for the Town Government Committee to replace Malcolm Vosburg, who resigned; Donald O'Brien, who is inactive; Gerald Provost who has moved away was tabled. PROMOTION BERNARD HUNT POLICE DEPT: The Town Manager advised the Board of Selectmen that Officer Hunt was promoted to Captain of the Police Department as of July 1st and the reason for this promotion was to have an officer in charge in the Police Department when Chief Richard Carter was not available. SIGN-AUTOMATIC CAR WASH-WILLISTON ROAD: Attorney Mikell called to the attention of the Board of Selectmen to the July 22nd 1964 hearing regarding the sign for the new car wash on Williston Road. It is his thoughts that the Zoning Board were not following the Revised Zoning Ordinance Section 13.60 variance as possible the Zoning Board did not consider this paragraph when permitting such a variance. The Town Manager was instructed to send a memo to Chairman Albert Reynolds, of the Zoning Board to be sure to follow the Zoning Ordinance as set up by law effective February 28, 1964. It was also suggested that the Town Manager set up a meeting with the Zoning Board and the Town Attorney for clarification and interpretations of the word "variance". SEWAGE ORDINANCE: The Sewage Ordinance was partially reviewed and tabled temporarily and the Town Manager was instructed to get quotations of the cost of publication and report at a later meeting. TOWN MANAGER'S CAR EXPENSE: The Town Manager advised the Board of Selectmen that the use of his personal car was being used for Town business and the compensation was $500 per year. He explained that since April 1st to August 1st that the mileage for Town use was approximately 6000 miles. He therefore requested additional compensation of $250 per year for the use of his personal car. This additional amount was unanimously approved by the Board as of August 1st, 1964. WATER RESOURCE BOARD REPORT: Chairman D'Acuti read the report of July 27th of the Water Resource Board and it was accepted by the Board. (Original attached to these minutes.) LAYING OUT OF U-528-(2)-1 HIGHWAY: The motion was made by Ralph Goodrich and seconded by Waitstil Brown, it was RESOLVED: That a town highway ought to be and it hereby is established and laid out extending between the intersection of Hinesburg Road, Vermont Route 116 and the John F. Kennedy Memorial Highway and Williston Road and running over certain land of Mary L. Barry and Naomi M. Barry described as follows: A right of way extending fifty feet northerly and fifty feet southerly of the center line of Vermont State Highway Project U-528-2(1) S. A. and running from Project Station 230+10 to Project Station 242+7, all as shown on a plan of Highways of the Vermont Department of Highways entitled "South Burlington U-528-2(1) S. A.". Being a portion of the land and premises, a life estate in which was conveyed to Mary E. Barry and the remainder interest in which following the expiration of said life estate was conveyed in equal undivided shares to John S. Barry (now deceased) and Mary L. Barry, brother and sister, by deed of Joseph A. McNamara dated July 22, 1924, and of record in Volume 8 at Page 304 of the South Burlington Land Records. The interest of Naomi Barry was acquired as surviving widow and sole heir at law of John S. Barry. And I hereby certify that at said meeting of the South Burlington Board of Selectmen it was further duly RESOLVED: That the Selectmen hereby appoint the 18th day of August 1964, at 7:00 o'clock in the afternoon as the time for examining said premises of Mary L. Barry and Naomi M. Barry and the 18th day of August, 1964, at 8:00 o'clock in the afternoon as the time and the South Burlington Municipal Building as the place for hearing those parties interested in the premises, said examination and hearing to be held for the purpose of determining whether the public good and necessity and the convenience of the inhabitants of South Burlington and the State of Vermont requires such highway to be laid out as aforesaid. And at said meeting of the Board of Selectmen of the Town of South Burlington it was further RESOLVED: That not less than 12 days' notice shall be given to Mary L. Barry and Naomi M. Barry of the time and place of said examination and hearing for the purpose of determining whether the public good and necessity and the convenience of individuals requires such highway to be laid out and, if in the judgment of the Selectmen, the public good and necessity and convenience of individuals requires such highway to be laid out, then to determine the damages, if any, that shall be awarded to said Mary L. Barry and Naomi M. Barry. ADJOURNMENT: As there was no further business the meeting adjourned at 10:45 P. M. APPROVED Ralph B. Goodrich, Clerk BOARD OF SELECTMEN Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.