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HomeMy WebLinkAboutMinutes - City Council - 01/14/1964SPECIAL BOARD OF SELECTMEN MEETING January 14, 1964 Special Board of Selectmen meeting was called to hear the petition of Frank and Beulah Antone to rezone their property industry as advertised. MEMBERS PRESENT Vincent D'Acuti, Waitstil Brown, Ralph Goodrich, Augustus Stannard, Stephen Whittlesey. ALSO PRESENT Irving Douglas, Town Manager,; William Kellner, Matthew Leary, Attorney Rothman, Frank Antone, William Mikell, Town Attorney; and seven guests. Chairman D'Acuti opened the meeting at 7:30 P.M. and read the petition for the rezoning as advertised. Chairman read the letter from the Planning Commission as follows: December 14, 1963 Reply address 11 Wealthy Avenue South Burlington Vermont Mr. Irving Douglas, Town Manager 555 Dorset Street South Burlington, Vermont Dear Doug, The Planning Commission at a meeting held on Wednesday, December 4, 1963, with only ex officio member V. D'Acuti absent, again reviewed the petition of Frank and Beulah Antone to rezone land as described in my letter to you dated November 9, 1963, from business to industrial. This time with all voting members present, the Commission voted three to two to recommend that the petition be granted. Very truly yours, William K. Kellner Chairman Chairman D'Acuti asked if any one objected to this petition. Attorney Leary requested that Antone give reasons why this piece of property and zoning permission should be granted and presented to the Chairman a petition with 38 names against the rezoning of this property to industry. Mr. Mikell, Town Attorney, read the petition as presented. Attorney Leary requested that this petition be made a part of the record. Attorney Rothman agreed to have this petition a part of the records with the understanding that he reserved the right to object to the validity of the petition after he had made a study of this petition. Attorney Leary requested Mr. Antone be sworn. Attorney Rothman agreed it would be perfectly all right to have Mr. Antone be sworn as a witness and this discussion was presented as to who was elegible to swear in a witness. It was finally agreed that Mr. Rothman would speak to the Board in favor of the petition as requested by Mr. Antone. Attorney Rothman questioned Mr. Antone in reference to his and his wife's property that was being petitioned as to how long this property had been in Antone's name. Mr. Antone replied that he had owned the property since 1955. Attorney Rothman submitted photographs on site and as named for evidence as Nos. 1, 2, 3, 4, 5, and 6. Attorney Rothman questioned if the yard was necessary for Mr. Antone's business. The answer was yes. Attorney Leary objected to this question. The six photographs were passed to each member of the Board of Selectmen. Attorney Leary questioned property owned by the Town which has no bearing on this case. Attorney Leary questioned the petitioner when the No. 4 picture was taken. Mr. Antone answered 1961. Attorney Leary questioned if the property was advertised as all owned by Mr. and Mrs. Antone as there is a portion involved in consideration which is not all owned by Frank and Beulah Antone. Deed from Mr. and Mrs. Antone to the Town Volume 34, page 347 of the Town Records. Also deeded from the Town of South Burlington to Mr. and Mrs. Antone as recorded in Volume 34, page 347-8. Attorney Leary questioned as to the legality. Attorney Leary stated all land is owned by the Antones. A portion is owned by the Town. Chairman D'Acuti requested Attorney Leary to state his objections so that the Board could continue with this hearing. The first objection from Attorney Leary was against the final reading as the land is not all owned by petitioner and should not be rezoned. Attorney Leary wished to question Mr. Antone on several objects that were shown in the photos. Attorney Mikell stated that this hearing was not set up as a courtroom and for questioning. Attorney Mikell stated that we were not here as a court of law. Attorney Leary asked what is behind the fence. The answer was trucks and equipment. Attorney Leary asked where the fence was. Mr. Antone answered the fence is approximately in the middle of the property. Attorney Leary asked if any of this part of the meeting was going to be recorded, Town Manager answered yes. Chairman D'Acuti again requested Attorney Leary to state his objections so that we could get on with the meeting. Attorney Leary stated that he had presented a petition with 38 names objecting to the rezoning. Attorney Leary believes part of this property is not legally Antone's and that he objects to the petition on zoning this property industry. He stated that this case is not new and has been going on since 1954, and that we are still in court with the same case. Chairman D'Acuti said it was his impression that you, Mr. Leary, are delaying these tactics. Attorney Mikell suggested that Mr. Leary give positive statements of objections as requested by Chairman D'Acuti. Mr. Whittlesey, Board member, concurred with Mr. Mikell and suggested that the objections be stated so that the meeting could continue. Attorney Leary questioned the Town Manager's sketch of the Antone property and asked who made this plan. The Town Manager stated that Mr. Robert Ladd, Highway Superintendent, made this sketch to be used as a memo for the Town Manager's information. Attorney Leary demanded entry of this plan to be made part of the record. The Chairman stated this is not a part of the record and was the Town Manager's information only. Mr. Goodrich, Board member, objects to this plan being made part of the record as this was not brought in as evidence of any description. Attorney Mikell recommended letting Attorney Leary have the plan as part of the record but this plan could not be made as a certified copy of the minutes of the meeting. Attorney Rothman requested the Chair to have Mr. Leary state his objections and then close the meeting. Attorney Leary presented a sketch of his own and stated that according to his sketch that the Antones were asking to have more property zoned industry than had originally been zoned business. Attorney Leary called attention to the report of the Board of the investigation of the Town Manager that was not dated although he received this report December 16, 1963, from the Town Manager as to conditions to Antone property and that he wished to submit photos showing exact conditions that he believed did exist. Attorney Leary asked that this report be exhibit No. 35. Attorney Leary exhibited photos No. 1-34 Attorney Leary strongly objects to industrial use of this property, type and nature of business that can be carried on in industrial zoned areas. This completed Attorney Leary's objections. Mr. Ploof of Patchen Road asked that this area be considered business and that he was not actually objecting to business zoning or objecting to the type of business being carried on this property but he did object to the type of business that could be carried on at this property if it was zoned industry. Mrs. Alger stated she was representing herself and her mother and objects to industrial operation on this property being zoned industry. If this property is zoned industry it could depreciate one piece of property $8,000 another piece of property $4,000. Mrs. Guiffee objected to the dust and dirt that had been accumulating in their back yard and from smoke and dust from the stock piling from the Town yard. She objects to the Town digging to the Town property line. Clayton DeGraff objected to industrial zoning with no control. The pictures 2,3,4 and 5 are old pictures but indicate the site as it now is and there has been no change. Attorney Leary asked that these photos, petition and Patchen Road report to Town Manager be kept in a safe place at the Town Office Building at least thirty days. The Town Manager was so instructed by the Chairman of the Board. The Chairman of the Board stated if there was no further discussion that the decision of the zoning of Antone property would be tabled for further consideration. Meeting was adjourned at 10:30 P.M. Vincent D'Acuti, Chairman Waitstill Brown Ralph Goodrich Augustus Stannard Stephen Whittlesey Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.