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HomeMy WebLinkAboutMinutes - City Council - 02/28/1964A Special Meeting was called for February 28, 1964 at the Town Office Building MEMBERS PRESENT Vincent J. D'Acuti, Waitstil Brown, Ralph Goodrich, Stephen Whittlesey ALSO PRESENT Irving Douglas, Albert Reynolds, William Kellner, William Mikell The meeting was called to order at 7:00 P.M. The Town Manager explained that the O'Brien Bros. were willing to give us an option of approximately five acres of land as shown on the plot plan prepared by Webster-Martin for the future disposal plant site. This option is stated as a $25,000 purchase price and the option cost is at 6% interest per year or $1,500 per year for the option. The option is stated for a three year term. Should the town purchase this land anytime within the three year period, the 6% option cost would be prorated per month. The Board unanimously approved this option and the Town Manager was authorized to continue negotiations with the O'Brien Bros. and their attorney, Robert Larrow. PUMPING STATION SITE The Town Manager explained the negotiations with the Davis Bros. for an option on approximately one acre of land on the west side of Hinesburg Road and south of Deane Street; the negotiations with the Davis Bros. has failed due to the option price as stated by Dan Davis as $10,000 and he refused to do any other negotiations other than the price stated. The Town Manager explained that approximately east of the Davis Bros. preferred property that Mrs. Deane would sell approximately ½ acre to the Town for the proposed pumping station as approved by Webster-Martin, engineers, for a selling price of $1,500 including a 30' slope right on the north side of this piece of property. Mrs. Deane refused to put this property under option. But Mrs. Deane would agree with Mr. Latham and myself to sell this lot. The Board of Selectmen unanimously approved to purchase this lot as shown on the plot plan prepared by Webster-Martin. The being no further general business the Board unanimously voted to adjourn to the auditorium of the High School for the reading of the proposed Zoning Ordinance for the Town of South Burlington. Meeting at the Town Office Building was adjourned to the school at 7:20 P.M. MEMBERS PRESENT Vincent J. D'Acuti, Waitstil E. Brown, Ralph B. Goodrich, Stephen M. Whittlesey, Augustus Stannard. ALSO PRESENT Irving Douglas, William Kellner, Albert Reynolds, William Mikell & 26 guests The Chairman of the Board advised the guests that as advertised in the Burlington Free Press there was a public hearing set for February 28, 1964 at 7:30 P.M. at the South Burlington High School on Dorset Street for the second reading and to consider the following ordinance for final passage. Vincent D'Acuti, Dean Slack, William Mellner, and Albert Reynolds read the Ordinance in full. The Ordinance reading was completed at 8:50 P.M. The Chairman of the Board asked if there were any questions in regard to the Ordinance as read. Mr. Thompson of the National Life Insurance Company in Montpelier inquired why all boundaries were not described in the supplement to the Ordinance. Mr. Mikell, Town Attorney, advised Mr. Thompson that the Zoning Map itself clearly defined all areas except those specifically described in the supplement to the Ordinance. Matthew Leary questioned the meaning of the Ordinance and the words supplement to the map and he objected to the map. Mrs. Nolan asked if the Ordinance would be approved by part or all and did you employe professional service in drawing up the map. Mr. Kellner explained that this Ordinance and map was started from a model ordinance as recommended by Sargent Webster, Crenshaw and Folly. Mrs. Nolan questioned if this had been worked out in other places and where. Mr. Mikell answered no one Zoning Ordinance is alike from one town to another and stated that an ordinance from other towns did not fit in with this location. Mrs. Nolan asked if the size lots large and small as specified has been worked out. In reference to a 150' frontage in residence is a must as stated on page nine, article 5; is this a minimum requirement and Mrs. Nolan strongly objects to this particular size lot of one acre minimum. Mr. Tilley strongly objected to his property being zoned the way it is shown on the map. Mr. Tilley also objected to this type of zoning without contacting the owners individually and he believes that if a person owns land that the individual should be contacted. Mr. Mikell asked Clifford Tilley to bear in mind that if all persons were contacted individually that this project would never be accomplished and it would be an impossibility to do as Mr. Tilley suggested. That is why law requires newspaper notice. Miss Marsh asked why the zoning lines could not be terminated at property lines. Mr. Reynolds stated that you cannot follow lot lines to keep an orderly boundary as there was not always one particular lot line to match another and that we must have a natural line of zoning boundaries. Ralph Brannon questioned who decided what the regulations should be and as to lot sizes. Mr. Kellner answered that the Planning Commission by Vermont Statute are the ones to make recommendations of any changes to be made and this is the Planning Commission's duty. Mr. Brannon questioned the advisibility of a one acre lot as this in my consideration was too much land for an individual to maintain. Mr. Leary questioned the advisibility of the Ordinance on the north side of Patchen Road as people who owned property on the eastern side as part of the property is zoned residential boardering an industrial area and this type of zoning depreciated the value of the residential property. Mr. Leary stated that he was representing on behalf of all people on Patchen Road and that he has talked with the people since 1954 and that this zoning was strictly in disregard or consent of these people. It should not be approved as the petition of the people is not being considered. Mr. Leary stated that the zoning has depreciated the property $30,000. Albert Reynolds stated that the zoning board, Planning Commission and Selectmen have worked hard in the last two years to rezoned the properties to the best interest of everyone concerned and all Boards believe that the Zoning Ordinance and Map is in the best interest of all people in the Town of South Burlington. Mr. Rosenberg stated that he was representing Boyd Hatch, owner of that area of land of the Town of South Burlington known as "Red Rocks." Mr. Hatch requests that the "Red Rocks" property be treated for zoning purposes with uniformity which under this new Zoning Ordinance does not receive. We believe same can be granted under sec. 13.60 B 2, sec. 4.20, sub sec. 25 or by amendment of the zoning code. We would, of course, prefer to have the area zoned Industrial A except the area the cottages are on. However, if this is not feasible at this time or may not pass the Board of Selectmen or the Town Meeting at this time, it is Mr. Hatch's request that the area of "Red Rocks" bounded on the north and west by Queen City Park Road as it leaves the bridge; on the east by the Rutland Railroad and on the south by Queen City Park as the same zoning district as the vast majority of "Red Rocks." Mrs. Alger of Patchen Road asked why the Board of Selectmen had not recognized the petitions and that no action had been taken in regards to the request of the people of Patchen Road. Chairman D'Acuti stated all petitions are considered. Mrs. Alger wished to be put on record as strongly objecting to industrial on Patchen Road. Mr. Nollett stated, I have been around and lived in many states and the tax rate is very much higher than where I have previously lived. I have six children and my taxes will not begin to pay for what the education cost and I am in favor of large lots as called for in this ordinance. Mr. Plouffe questioned why couldn't 50 -25' buffer zone be put in. Referring to Article 9, industrial A the yard minimum depth side clearance and side clearance 25 feet. Miss Marsh stated she did not believe industry should be near through way or High School. Harold Ray questioned page 19, Business District B No. 2- asked if he could build a garage anywhere from Swift Street to Inn Road. It could be built in this area. Mr. Ray also stated that he believed the zoning was good and one cannot stop progress. The question and answer period was completed at 10:10 P.M. and Stephen Whittlesay moved that we accept the following ordinance as read. AN ORDINANCE TO AMEND THE PROTECTIVE ZONING ORDINANCE OF THE TOWN OF SOUTH BURLINGTON The Selectmen of the Town of South Burlington hereby ordain: This motion was seconded by Waitstil Brown and unanimously approved by all members of the Board of Selectmen. This Ordinance shall take effect from passage. There being no further business the meeting adjourned at 10:30 P.M. to the Town Office Building at 555 Dorset Street. This meeting reconvened at the Town Office Building at 10:50 P.M. and the orders signed by all members of the Board and the meeting was adjourned at 11:00 P.M. Vincent J. D'Acuti, Chairman Waitstil E. Brown Ralph B. Goodrich Augustus T. Stannard Stephen M. Whittlesey Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.