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HomeMy WebLinkAboutMinutes - City Council - 09/08/1969BOARD OF SELECTMEN MEETING SEPTEMBER 8, 1969 The South Burlington Board of Selectmen held a regular meeting in the library of the Middle School, Dorset Street, South Burlington, Vermont, on Monday, September 8, 1969, at 7:00 P.M. Mr. Behney, Chairman, called the meeting to order. MEMBERS PRESENT C. Harry Behney, Chairman; Vincent J. D'Acuti, Walter Nardelli, Gregory L. Premo and Raymond E. Stearns. MEMBERS ABSENT None OTHERS PRESENT Henry LeClair, Town Manager; Richard Carter, Chief of Police; William J. Szymanski, Town Engineer; Albert I. Reynolds, Chairman of the Zoning Board of Adjustment; Jean Hildick and Patricia Fastiggi from the League of Women Voters; Charlotte Marsh, Albert Audette, Foreman of the Highway Department; Lt. Arthur D'Archangelo of Burlington's Traffic Department; Leon R. Magnant, Vermont Highway Department; William E. Mullen, South Burlington Police Department; Mrs. Albert Reynolds, Mrs. Dorothy Guilford, Mr. N. L. Hamilton, Mr. Don F. Marriott, Omer L. Moreau, Attorney; Mr. and Mrs. Leopold A. Yandow, Robert and Julia Lang, and Craig Butterfield, Mr. Yandow's Engineer. READING OF THE MINUTES OF AUGUST 18, 1969 MEETING On a motion made by Mr. Premo, seconded by Raymond Stearns, and passed unanimously, the minutes of the August 18, 1969 meeting were approved as read. FINANCIAL STATEMENT In considering the financial statement presented by the Town Manager, discussion centered on questions relating to the surplus funds from the sewer construction of Phases I, II, and III, the progress of planning and the funding program of Phases IV and V. Mr. LeClair stated that the town cost for the new phases is as follows: Phase IV $259,485.00 Phase V 216,080.00 $475,565.00 The surplus is now being estimated at $275,000.00. Mr. LeClair, Town Manager was instructed to: 1. Determine the assessed valuation of the properties to be sewered in each phase. 2. Determine the amount that should be raised through bonding. 3. Prepare a statement showing estimated amounts to be raised from the Area Grand List of the new phases, as well as from the use charge and general taxation. The Town Manager was also instructed to present this material to the Board for review as soon as he has researched it. RESOLUTION ON MUNICIPAL BOND TAXATION On a motion made by Mr. Premo, seconded by Raymond Stearns, and passed unanimously the Selectmen adopted the following resolution: RESOLUTION - AUTHORIZING CHAIRMAN BEHNEY AS TOWN AGENT IN MATTERS TO PHASE V OF THE SEWER PROJECT On a motion made by Mr. D'Acuti, seconded by Mr. Premo, and passed unanimously, the Selectmen adopted the following resolution: REPORT FROM STATE TRAFFIC DEPARTMENT REPRESENTATIVE ON THE TIMING OF THE NEW SHELBURNE ROAD LIGHTS Mr. Magnet, of the Vermont Highway Department, Lt. D'Archangelo of the Burlington Traffic Department, and Chief Carter and Officer Mullen of the South Burlington Police Department joined the Board members in a discussion of the new light system being installed on Shelburne Road by the state. Mr. Magnet showed plans and pointed out details of the installation. In answer to questions he brought out the following facts: 1. The system would not be integrated with the lights at the Grandway Shopping Center. 2. Operation of the lights would be closely watched when they are first put in operation and necessary adjustments would then be made. 3. The timing cycle would be adjusted for peak and slow hours. 4. The system is not an actuated controlled system because in an interconnected system the timed lights work better. 5. The timing-cycle mechanism can be manually controlled. 6. Overhead signs, street markings, lights, etc. will all be installed at the same time-if all goes well. 7. South Burlington's Police Department will be furnished with a key in order to make minor repairs and change the timing when necessary. 8. The State will have some supplies available for repairs. 9. The lights were installed at Baldwin Avenue to give drivers time to make right and left turns into the side streets. 10. The lights should be in operation by the end of September. 11. The state would look into the matter of having the lights bagged as drivers are presently waiting for the lights to change. NEW TRAFFIC LIGHTS - SHELBURNE ROAD, CONTINUED Lt. D'Archangelo remarked that he would prefer the green arrow direction light be limited to one turn only as arrow signals are in Burlington. Mr. Magnet said the arrow signal as designed was the most feasible one for the location. The Board and the interested parties agreed that the state had designed what seemed to be a workable system, and were assured that any difficulties that showed up after start of operation would be rectified. Chairman Behney asked Mr. Magnet to be sure to have state personnel at the site for several days after installation in order to check on the operation and make the necessary corrections as soon as possible. HIGHWAY DEPARTMENT EQUIPMENT REQUEST Foreman Audette of the Highway Department, William Szymanski, Town Engineer, and the Town Manager explained why they were requesting the following highway department equipment at this time. Grader $20,000.00 Pick-up truck (dump body).3.000.00 Sewer Power Auger 4,600.00 Mower 6,000.00 $33,600.00 Town Manager LeClair, in discussing how the equipment could be paid for, said the Equipment Fund balance is presently $14,884.52. He recommended payment of $13,600 from the Fund, and the balance of $20,000 over the next four years in tax anticipation notes. Mr. D'Acuti made a motion to accept the Highway Department Equipment request as presented, with the stipulations that consideration be given as to whether or not the cost of the auger could be paid from the sewer account and that the purchases be put out for bid. The motion was seconded by Mr. Nardelli and passed unanimously. HEAR YANDOW PRESENTATION ON SUBDIVISION Mr. Moreau, Attorney for Mr. Yandow, said they were attending this meeting because they understood a discussion would be held relating to the Yandow Subdivision appeal. He said he was at a loss to understand how the Zoning Board of Adjustment could reverse the Planning Commission's approval of October 28, 1968, for the following reasons: The Zoning Board ignored the fact that the Town Engineer had recommended approval of part of the subdivision. One gentlemen who objected because of drainage problems had purchased his property with the knowledge that he had the same problem and with the provision that the town could go in to do drainage work. A member of the Zoning Board of Adjustment is the attorney for those making the appeal, and although he did not take part in the discussion or vote, the petition to the Zoning Board was signed by him. A motion to dismiss a previous appeal made to the County Court was granted. This fact was not taken into consideration at the hearing. A motion to dismiss made to the Zoning Board of Adjustment was apparently ignored. Motions to dismiss were made on the grounds that a hearing should be held in 60 days from the decision of the Planning Commission. Recommendations from the Town Engineer, Webster-Martin, Inc., Consulting Engineers, and a Planning Commission member who is also a member of the Board of Water Commissioners, stating that approval of part of the sub-division would not affect the water supply in the area, were ignored. YANDOW PRESENTATION ON SUBDIVISION, CONTINUED Mr. Moreau said "This is a problem that Selectmen, as the Town Fathers, should be concerned with. When you have the Zoning Board of Adjustment disregarding the opinion of your Planning Commission, the opinion of the Town Engineer, the opinion of the Yandows' engineer, and also the opinion of the Town Manager, who is Ex-Officio a member of the Planning Commission, what will happen to future developments in town." Mr. Reynolds, Chairman of the Zoning Board of Adjustment, said that the Board members were not allowed to get any information on the background of the matter as it might have jeopardized the decision. The facts as presented at the meeting were so close to the line that we wanted to make a decision that would be fair to the future buyers of homes in the development. Nothing in the evidence presented the night of the hearing gave any indication of a date as to the availability of the improved water system. From the evidence heard we could not make any other decision. He also emphasized the fact that the member of the Zoning Board who is acting as attorney for the petitioners did not at any time enter into the discussion and of course did not vote. Mr. Moreau asked what recourse the Yandows now had. Mr. D'Acuti explained that the new State Planning Act was such that the Selectmen have no power to act on matters such as these, and the case could be brought before County Court or the plan could be revised and resubmitted to the Planning Commission. Mr. Reynolds said that this was not brought out during the Zoning Board's discussion, and it was their hope that it would be possible for Mr. Yandow to go back to the Planning Commission, that the Zoning Board found no fault with the subdivision plan for cluster housing. YANDOW SUBDIVISION PLAN DISCUSSION, CONTINUED Mr. Robert A. Lang of 15 Yandow Drive introduced himself as a resident of the area in question, stating he was very much surprised to learn that two residents of the town were able to convince the Zoning Board of Adjustment that the area had an inadequate water supply when the Board had the opinion of experienced engineers, including the town engineer, that the water supply would be adequate for the portion of the cluster housing development that had been approved by the Planning Commission. Mr. Moreau asked what assurance there was that new water facilities would be in operation soon if Mr. Yandow decided to go back to the Planning Commission with a revised plan. Mr. Szymanski explained that the town Water Department had explored every angle in order to obtain financial help for improvements, and had determined that if it works with the Champlain Water District the improvements should be underway by 1972. Mrs. Jean Hildick of Andrews Avenue mentioned that there are problems with surface drainage on Andrews Avenue and wondered why they had not been taken care of. Mr. Hamilton also of Andrews Avenue, said he had plenty of water pressure and wondered if those complaining of water pressure being low had their lines checked out. There was further general discussion on the subject, and Mr. Behney, Chairman, told Mr. Yandow, that the Board of Selectmen could only make recommendations such as were heretofore stated, resubmit the plan with amendments to the Planning Commission or appeal to the County Court. Until such time as the State laws in regard to planning are amended, this is all that the Selectmen can do. ACT ON LISTERS' REQUEST FOR ASSISTANCE ON PERSONAL PROPERTY LISTINGS Mr. Stearns made a motion to act favorably on the Board of Listers' request to hire expert assistance for the listing of the personal property taxes in town. Mr. D'Acuti seconded the motion and it passed unanimously. The Town Manager was instructed to notify Mr. Alexander, Personal Property Tax Assessor, of the Board's action. APPROVE BUILDING PERMIT FEE SCHEDULE BY RESOLUTION Mr. D'Acuti made a motion to accept the Building Permit Fee schedule as presented by the Town Manager. Mr. Stearns seconded the motion and it passed unanimously. The resolution is filed with these minutes. The schedule is as follows: New Construction Residential and Commercial Additions to both existing Residential and Commercial buildings and Garages. A fee of 2 cents per square foot of floor area, below grade unfinished cellars excluded. REPAIRS & ALTERATIONS Fee based upon estimate. $1.00 per $1,000 of estimated cost. Signs 5 cents per square foot per lettered side. Demolition or Relocated Bldg.$5.00 Underground Tank $5.00 Unlisted Type of Construction $1.00 per thousand cost with $1.00 minimum. No fee to be charged on construction costing less than $200.00. DISCUSS LUTHERAN CHURCH PARKING PROBLEM Chairman Behney read a letter from officials of the Lutheran Church on Williston Road in which a request was made for the removal of several parking signs on Victory Drive. DISCUSS LUTHERAN CHURCH PARKING PROBLEM, CONTINUED Mr. D'Acuti made a motion to have the signs removed as requested. The motion was seconded by Mr. Premo and passed unanimously. DISCUSSION ON NON-CONFORMING SIGNS AND THE 15' FRONTAGE ORDINANCE Mr. D'Acuti, speaking to Mr. Reynolds, asked him if the Zoning Board would consider giving owners of existing non-conforming signs a five year period to change over to a conforming sign, as well as consider the same procedure for enforcement of the present 15′ frontage ordinance by which all existing business properties would conform to the ordinance if possible. Board members agreed that this might be a good suggestion to persue, and Mr. Reynolds said that he knew the Zoning Board felt there were changes that should be made in the sign ordinance, and the Board would take the matter under advisement. ACCEPT RESIGNATION OF RICHARD SCELZA FROM THE BOARD OF LISTERS On a motion made by Mr. C'Acuti and seconded by Mr. Premo, the Selectmen voted unanimously to accept Mr. Scelza's resignation from the Board of Listers. APPOINTMENT OF MR. CLARK R. CASKEY TO THE BOARD OF LISTERS On a motion made by Mr. D'Acuti and seconded by Mr. Premo, the Board unanimously appointed Mr. Clark Caskey as a member of the Board of Listers until the next election to be held in March, 1970. Mr. LeClair was instructed to inform Mr. Caskey of the appointment. PETITION TO STATE HIGHWAY BOARD On a motion made by Mr. Nardelli and seconded by Mr. D'Acuti, the Selectmen unanimously accepted and signed a petition to the State PETITION TO STATE HIGHWAY BOARD, CONTINUED Highway Board requesting the state to take over a portion of the Lime Kiln Road. The petition reads as follows: VOTE ON STARTING TIME OF SELECTMEN'S MEETINGS Mr. Nardelli made a motion, seconded by Raymond Stearns, and passed unanimously, to begin the Selectmen's meetings at 7:30 P.M., effective with the next meeting to be held Monday, September 29, 1969. MISCELLANEOUS The Town Manager was instructed to check into the matter of the commercial establishments complying with the pollution ordinance. The meeting adjourned at 10:35 P.M. Approved Gregory L. Premo, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.