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HomeMy WebLinkAboutMinutes - City Council - 08/01/1967BOARD OF SELECTMEN MEETING AUGUST 1, 1967 The South Burlington Board of Selectmen held a regular meeting at the Town Office Building, 555 Dorset Street, South Burlington, Vermont on Tuesday, August 1, 1967 at 7:00 P.M. Mr. Vincent J. D'Acuti, Chairman, called the meeting to order. MEMBERS PRESENT Vincent J. D'Acuti, Chairman; Frederick G. Blais, Robert K. Ashley, Stephen M. Whittlesey and Augustus T. Stannard. OTHERS PRESENT Henry LeClair, Town Manager; Edgar Myers, Free Press reporter; John T. Ewing, Town Attorney; William Kellner, Chairman of the Planning Commission; Frederic O. Sargent, and Lester Ravlin, Planning Commission members; Albert I. Reynolds, Chairman, Zoning Board of Adjustment; Richard Myette and Robert Martineau, Zoning Board of Adjustment members; Elmer and Gregory Premo from the Redwood Motel; Eugene Cenci, Holiday Inn; Mrs. Bull from the League of Women Voters; Gordon Mckay, John McCraie and Leo Smith. READING OF THE MINUTES The minutes of the July 25, 1967 meeting were accepted as read. SECOND READING OF THE HOSKAM ZONE CHANGE REQUEST Mr. D'Acuti explained that the Planning Commission had turned down the Hoskam zone change request suggesting that Mr. Hoskam present a five acre plot plan. Mr. D'Acuti suggested tabling the matter until the three Boards could discuss it further. On a motion made by Mr. Whittlesey, seconded by Mr. Stannard, and Board agreed to table the matter until the three Boards could discuss it. Mr. Premo of the Redwood Motel asked if the proposed ordinance pertained to all swimming pools. Mr. D'Acuti said it did. Mr. Premo said he was concerned with the safety of his guests, and before he installed his pool he examined various pools in and outside of the state to determine which he felt was the best. He did not agree that the fence shall not be allowed to have any openings (other than doors or gates) greater than four inches. He felt this should be at least six inches. Mr. Eugene Cenci of the Holiday Inn asked if his swimming pool would come under the new ordinance. He explained that it is enclosed by the building on three sides and has a four foot fence on the fourth side. Mr. D'Acuti said the pool would come under the ordinance. On a motion made by Mr. Whittlesey and seconded by Mr. Stannard the Board voted to accept the ordinance. The ordinance reads as follows: O R D I N A N C E AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING ORDINANCE." The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance adopted February 28, 1964 is hereby amended by adding the following to Article III - Definitions: Section 3.10 (44) Swimming Pool A "swimming pool" is defined as any constructed or prefrabricated pool used for swimming or bathing, over 24 inches in depth, or with a surface area exceeding 250 square feet. A "private swimming pool" shall include all pools, as above defined, which are used, or intended to be used, as a swimming pool in connection with a single or multiple family residence and available only to the family of the householder and his private guests. SWIMMING POOL ORDINANCE CONTINUED Section 2. The South Burlington Zoning Ordinance adopted February 28, 1964 is hereby amended by adding the following to Article XII - General Provisions. Section 12.55 Swimming Pools (1) No private swimming pools shall be constructed or used unless electrical appliances connected therewith shall be properly grounded. (2) No private swimming pool shall be constructed or used that has overhead electrical wires crossing the pool area. (3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond the lot line. (4) Every swimming pool shall be completely enclosed by a wall, fence, or other substantial structure not less than four (4) foot in height measured on the outside of the enclusure. No openings other than doors and gates with any dimension greater than four (4) inches shall be permitted therein except that picket fences may be erected or maintained having horizontal spacing between pickets not more than four (4) inches. All gates or doors opening through such enclosures shall be equipped with self-closing and self-latching devices designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use; provided however, that the door of any dwelling occupied by human beings and forming any part of the enclosure here and above required need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure shall be located at least four (4) feet above the ground or otherwise equally inaccessible to small children. (5) A natural barrier, hedge, pool cover or other protective device approved by the Building Inspector may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the aforementioned protection given by the enclosure gate and latch. (6) No pool shall be constructed on a required front yard. (7) No pool shall be closer than fifteen (15) feet to any side or rear lot lines. (8) Private swimming pools already constructed shall comply with this section within sixty (60) days after the effective date of this ordinance. Section 3. This ordinance shall take effect from its passage. Approved August 1, 1967. Signed by Vincent J. D'Acuti, Chairman; Frederick G. Blais, Robert K. Ashley, Augustus T. Stannard and Stephen M. Whittlesey, South Burlington Board of Selectmen. FIRST READING OF TWO JUNK ORDINANCES There was a general discussion regarding the junk ordinances. Mr. Blais suggested raising the minimum fine to $20 and the Board agreed to the change as it would help to discourage the dumping of junk on other people's property. The Board unanimously approved the first reading of both ordinances. FIRST READING OF ZONING AMENDMENT FOR THE CREATION OF A RESIDENTIAL C ZONE Mr. D'Acuti suggested tabling this item for further discussion with the members of the three Boards who were present. The Board agreed to have the discussion later on during the meeting. HOSKAM ZONE CHANGE REQUEST Mr. D'Acuti stated that the Planning Commission's recommendation was to turn down the request and had suggested that Mr. Hoskam bring in a five acre plot plan for review. Mr. Hoskam said he did not understand why there was any question about the request as the lot had been recorded as a building lot for twelve years and he had been paying taxes on a building lot all that time. Mr. D'Acuti suggested tabling the matter until evidence was presented. Mr. Hoskam said he would return with receipts, etc. Mr. Blais made a motion to table the matter until the evidence was available and the motion was seconded by Mr. Stannard. The Board voted unanimously to table the matter. USE VARIANCE REQUEST - ELIE GOUMILLOUT - LAUREL HILL DRIVE Mr. Leo Smith, owner of the land on the corner of Laurel Hill Drive and Shelburne Road was present and said that the land is zoned part Residential A and part Commercial. He appealed to the Board to allow the Boumillout request. He said if the plans were not approved he was going to allow a car wash to buy the land as it is zoned Commercial. Mr. Reynolds, Chairman of the Zoning Board, explained to the Selectmen that the Zoning Board turned down the request due to the lack of specifics concerning use of the proposed building. The Selectmen agreed that more facts were needed and that the request could be resubmitted to the Zoning Board of Adjustment. SEBRING ROAD A resident of Sebring Road was present and asked if a bond for completion of the street was posted with the town. Mr. D'Acuti said the bond was posted and it matures on Sept. 9, 1967. Mr. D'Acuti explained that the procedure was to wait until the bond matured and then the town could legally step in. He also pointed out that steps have been taken so that residents will be protected in the future. BOINEY LOT ON LEGION DRIVE - GLENDALE PARK Mr. Kellner, Chairman of the Planning Commission, explained that the Commission turned down the request because Mr. Boiney would have no way to get to his land without tresspassing on someone else's property. He said this is a problem that only Mr. Boiney can resolve and there is nothing the Planning Commission can do about it. USE VARIANCE Mr. D'Acuti questioned if the Use Variance was being overused or misused. The members of the Board generally agreed that the Use Variance was good and also very necessary. Mr. Reynolds, Chairman of the Zoning Board of Adjustment, pointed out that no zoning ordinance, no matter how good it is, can ever cover every situation, therefore, the Use Variance is a necessity. He felt it was better than zone changing because it allows more control as to what goes in an area. Mr. Sargent said he felt it created spot zoning and thought more people would apply for Use Variances in the future. The Selectmen agreed that the Use Variance is necessary and that it does give better control than a change of zoning. Mr. Ewing, Town Attorney, said he felt the Zoning Board of Adjustment should grant the Use Variances and eliminate some of the burden from the Selectmen. FIRST READING ON CREATION OF RESIDENTIAL C ZONE Mr. D'Acuti said the town should have a section for multi-family homes and didn't think they should wait for the master plan. The Selectmen agreed that the Planning Commission should delineate Residential C areas on the map before final action is taken. On a motion made by Mr. Stannard and seconded by Mr. Whittlesey the Board unanmously approved the first reading. Mr. D'Acuti, Chairman, said he had received condemnation papers for certain lands and premises in the Town of South Burlington for airport purposes. He questioned the rights of Burlington and South Burlington in these cases, especially regarding the tax revenue for South Burlington. Mr. Gordon McKay of the Airport Commission said Burlington has the right to condemn property for Airport use if they have sufficient proof that it is needed. It was pointed out that the Airport is taxed on a fixed assessment at the time of sale. Mr. D'Acuti stated that he felt a resident of South Burlington should be on the Airport Commission, at least ex-officio, so the town can be kept informed of any development. HOSKAM ZONE CHANGE REQUEST The Hoskam zone change request was tabled until 12:00 noon on August 2, 1967. MEETING WITH SCHOOL BOARD Mr. D'Acuti, Chairman, announced that the Board of Selectmen are invited to the School Board meeting of Wednesday, August 23, 1967. TOWN DUMP Mr. D'Acuti, Chairman, asked permission from the state to extend the boundaries of the dump to the interstate and permission was denied. EAST TERRACE SEWER LINE The Board approved the sewer line addition to the Goodrich contract, connecting the gap between Gaynes and East Terrace, subject to priority, as to date of construction. WEBSTER-MARTIN - PART TIME INSPECTOR REQUEST The Board approved the Webster-Martin, Inc. request for Mr. Graham to be hired as part time inspector, on a six week trial basis, with the understanding that Mr. Graham put in a minimum of sixteen (16) hours per week. HEARING NOTICE The meeting was recessed until 12:00 o'clock noon August 2, 1967. Approved Robert K. Ashley, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.