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HomeMy WebLinkAboutMinutes - City Council - 03/16/1970BOARD OF SELECTMEN MEETING MARCH 16, 1970 The South Burlington Board of Selectmen held a regular meeting at the Middle School Library, Dorset Street, South Burlington, Vermont, on Monday, March 16, 1970. Mr. Behney, Chairman, called the meeting to order at 7:35 P.M. MEMBERS PRESENT Charles H. Behney, Chairman, Raymond E. Stearns, Frederick G. Blais, and James C. Pizzagalli. MEMBERS ABSENT Gregory L. Premo OTHERS PRESENT Robert M. Janes, Town Manager; William J. Szymanski, Town Engineer; Richard Ward, Code Officer; Zoning Board of Adjustment Chairman Reynolds; Planning Commission Chairman Lamphere; Leon P. Ignaszwski; Richard R. Klor; Lydia B. Lowell; Peter Stebbins, Peter Jacob; Daniel J. Therrien; Jere Meserole; Attorney Robert Bing; Thomas Crowley; Donald Bugbee; Charlotte C. Marsh; Reporter Lambert; and Franklyn McCaffrey. READING OF THE MINUTES OF FEBRUARY 23, MARCH 4, AND MARCH 9, 1970 On a motion made by Mr. Pizzagalli and seconded by Ray Stearns, the minutes of the meeting of February 23, 1970, were unanimously accepted as read. On a motion made by Mr. Blais and seconded by Mr. Pizzagalli, the minutes of the meeting of March 4, 1970, were unanimously accepted as read. On a motion made by Mr. Blais, and seconded by James Pizzagalli, the minutes of the meeting of March 9, 1970, were unanimously accepted as read. SECOND READING OF ORDINANCE REQUESTING A ZONE CHANGE ON SHELBURNE ROAD Chairman Behney read the proposed ordinance in full. He said the Board was interested in the intended use of the parcel, since the Planning Commission, meeting on February 24, 1970, to consider a recommendation for the Board, voted negatively, two to one, against passage. Attorney Robert Bing, speaking in behalf of Mr. Therrien, explained that the property would be used as a new and used car dealership, featuring quality cars, the Porsche and Audi. He also presented plans of the layout of the building and parking areas, and explained the landscaping plans. He pointed out the revisions made by the Town Engineer on the plan that would be complied with. In discussing the 75' set-back requirement, Mr. Bing pointed out that other dealers on Shelburne Road displayed cars within the 75', and felt that if his client had to meet the requirement the other dealers should have to also. Mr. Blais brought out several points concerning the request, saying he felt if approval were granted the 75' set-back requirement would have to be met, and asked Mr. Bing the legal method of placing a covenant in the deed to restrict the use to car dealership. Chairman Behney asked Mr. Lamphere, Chairman of the Planning. Commission, the reasons for the negative report on the request. Mr. Lamphere said the Advisory Committee approved the use because of the precedent that had been set north of the property. The Planning Commission rejected the zoning request for two reasons: 1. the property was too small to spot zone, and 2. the Planning Commission must stop the sprawl of Business B zoning on Shelburne Road. SECOND READING OF PROPOSED ORDINANCE, CONTINUED Mr. Stearns and Mr. Pizzagalli both expressed their concern over the amount of landscaping planned. After discussion on this Mr. Pizzagalli asked if Mr. Therrien would be willing to spend a certain precentage (say 1 1/2%) of the construction cost for landscaping, just for the front in addition to grass seed and grading. Mr. Leon Ignaszewski spoke in opposition of approval, saying the Board would set a precedent, and Mr. Reynolds, Chairman of the Zoning Board, asked why the Selectmen were considering putting stipulations on the approval if the request was granted. Chairman Behney said in answer to Mr. Ignaszewski that the Board did not feel it was setting a precedent, that as yet no area in town was planned for such use, and he told Mr. Reynolds that ordinarily the Board does simply approve or disapprove a zone change, but that in this case, where there is no subdivision plan to go to the Planning Commission for approval, the Board has the responsibility of making sure certain requirements will be met before a building permit is issued. Attorney Bing and Mr. Therrien answered many questions about details of the plan asked by the Board members. Mr. Blais made a motion to approve the zone change, subject to receipt of a letter of intent, approved by the Town Attorney, to comply with the following stipulations: 1. That the first 75' be landscaped. 2. That there be a 75' setback for all cars on the lot. 3. That there be no future requests for sign variances. 4. That the use as a new and used car dealership be restricted to a 10 year period. 5. That the south and west property lines are to be screened in accordance with Sec. 8.62 of the Zoning Ordinance. 6. That landscaping, other than grass and grading, be subject to $1,500 or 1 1/2% of construction cost. 7. That all requirements of the Town Engineer are met. SECOND READING OF PROPOSED ORDINANCE, CONTINUED Mr. Pizzagalli seconded the motion and the vote was unanimous in favor of passage. The ordinance as accepted follows: O R D I N A N C E AN ORDINANCE TO AMEND "THE SOUTH BURLINGTON ZONING BY CREATION OF AN ADDITIONAL AREA OF BUSINESS DISTRICT B." The Selectmen of South Burlington hereby ordain: Section 1. The South Burlington Zoning Ordinance adopted February 28, 1964, and the official zoning map adopted in connection therewith is hereby amended by changing the land use of the following described land from Business District A and Industrial A to Business District B. A parcel of land situated on the westerly side of Shelburne Road, having a frontage thereon of 300'; a northerly line of 400'; and a southerly line of 300'; and being a portion of the lands and premises owned by Lakelands Corporation. Said property is bounded on the east by Shelburne Road, on the south and west by other property of Lakelands Corporation, and on the north by the Albert J. Reyes property at 1693 Shelburne Road. Section 2. This ordinance shall take effect from its passage. Approved March 16, 1970 SIGNED BY BOARD OF SELECTMEN REPORT OF TOPICS MEETING - W. J. SZYMANSKI, TOWN ENGINEER Mr. Szymanski, Town Engineer, gave the following report on a TOPICS meeting he had attended on March 11, 1970. TOPICS is an Urban Traffic Operations Program to Improve Capacity and Safety. Engineer is Bruce Campbell of Boston. The study is financed as follows: 50% Federal, 25% State, and 25% Town. The study is undertaken to improve the capacity and safety of existing streets only. REPORT OF TOPICS MEETING, CONTINUED A. Traffic flow B. Accident Areas C. Traffic laws D. Parking (on-street and off-street) E. Public transportation F. Pedestrian traffic G. Existing traffic signalization The report will recommend: A. Improvements B. Designate Federal Type II Highways which will be eligible for 50% aid C. Set priorities to be implemented The status of the current report is as follows: A. Field work is completed. Office work will start. B. Plan for Shelburne Road and Williston Road How projects are implemented: 1. Shelburne Road - all at State cost. 2. Williston Road, State and Federal cost for construction. R-O-Ws - Town responsibility." The next meeting will be held on April 22, 1970, at Burlington City Hall and arrangements are being made for another meeting here in South Burlington. Mr. Szymanski was thanked for his report, and discussion followed in regard to other highway items. Chairman Behney reported that Mr. Lamphere, Chairman of the Planning Commission, had been in Montpelier to meet with the Highway Department. He said the Highway Department is presently making plans for 5 lanes on Shelburne Road and planning the belt line on I-89. He said Mr. Hackett would be checking progress of the plans for the five lanes for Shelburne Road. REVIEW OF PHASE IV SEWER PROJECT Mr. Szymanski, Town Engineer, went over details of a written report on the progress of planning and the time table for the steps leading up to the construction of the Phase IV sewer project. He also explained the reason for requesting approval of $2,600 for additional planning for a change of route for the force main. He noted that the State Department of Water Resources has indicated that the planning for the change was justified, and the sum will be approximately 80% reimbursable upon approval of the Water Resource Board. Mr. Stearns made a motion to authorize the redesign of planning for the Phase IV sewer at a cost of $2,600. Mr. Blais seconded the motion and the vote was unanimous in favor of passage. Mr. Szymanski's reports on the construction planning, as well as the redesign cost, are attached to and made a part of these minutes. REPORT ON CHAMPLAIN WATER DISTRICT MEETING OF WED., MARCH 11, 1970 Mr. Peter Jacob, Water Department Commissioner, reported that the Champlain Water District was formed when the South Burlington Water Commissioners called a meeting in 1966 of officials of adjacent communities for discussion of mutual water problems and formation of a Water District. Essex, Colchester, Williston, Shelburne, and South Burlington are presently in the District, and plans are complete for construction of the water lines to pump water to the different districts. He outlined the scope of the project, saying expectations were that it would be financed 50% by HUD. He described the proposed location of the water lines in town and the two storage tanks, (one on Allen Road, the other on Dorset Street), saying the cost to the town would be $400,000, including the repayment of a $45,000 loan for engineering fees. He felt water rates in town might not have to be raised, but in the event they were, it would be only a slight increase which would phase out in a few years. The Champlain Water District would bill the town for water pumped to it, and the town would in turn bill the residents. Mr. Jacobs answered many detailed questions, and said that we would have greatly improved water pressure, better fire association rating, etc. The Champlain Water District is planning a special election in April or May to vote on a bond issue and is prepared to publicize the project so townspeople would be informed. The Town Manager and Board members thanked Mr. Jacob for his presentation and congratulated him on the fine results of the years of work on the project. TOWN ENTRANCE AND SPEED SIGNS Chairman Behney read a letter he had received from Mr. Meredith of Bristol, Vermont, in which Mr. Meredith pointed out the lack of town entrance and speed limit signs in town. Chairman Behney then said he had made a special trip around town streets and felt the situation could be greatly improved, expecially on the fringe areas of Dorset and Spear Streets and Hinesburg Road. There was a discussion on the types and sizes of signs that should be erected. It was suggested that the Town Manager, Town Engineer, and the Police Chief study the problem. Town Manager Janes said he would do this, and remarked that he would like to have modern sings and breakaway posts used if the Town Engineer recommends such posts. ENFORCEMENT OF TRAFFIC LAW Mr. Stearns requested the Town Manager he instructed to communicate to the Police Chief that concentrated effort on enforcement of the left turn law on Shelburne Road should be scheduled. FIRE DEPARTMENT SPECIFICATIONS Chairman Behney, referring to a set of specifications for the new fire department building that had been prepared and distributed by the Town Engineer, said it was difficult to review the specifications at this time, but the bids should be let out as soon as possible. Mr. Szymanski said we are asking the builder to give us an architectural rendering plus the price, and he had broken down his specifications into four or five pay items. Mr. Blais questioned the fact that the specifications did not designate types of material such as flooring, roofing, grade of fixtures, etc. Mr. Pizzagalli said the concept of turn key bidding was that you could negotiate on different items and were not comparing equal bids. He felt they could ask for and get far more breakdowns than were stipulated. Discussion centered on security bonds, performance bonds, steel buildings, surveys, landscaping, differences in electric mechanisms for the doors, and many other details. Mr. Pizzagalli said he thought the best course of action is to tighten up the material in the engineer's proposal. Mr. Stearns asked if Mr. Pizzagalli and Mr. Blais could sit down with Mr. Szymanski and go over the proposal. Mr. Pizzagalli said he was not too familiar with this type of proposal. Chairman Behney then asked him if someone in the Pizzagalli organization, familiar with turnkey bids, could meet with the three men and go over the proposal. Mr. Pizzagalli said this could be done. FIRE DEPARTMENT BUILDING SPECIFICATIONS, CONTINUED No further action was taken, and it was decided to call a special meeting when the revisions were completed, and a tentative date of Thursday, March 19, 1970, at 5:30 P.M. was set for the meeting. APPOINTMENTS - ZONING BOARD OF ADJUSTMENT On a motion made by Mr. Blais, seconded by Mr. Pizzagalli, and voted unanimously, Mr. Frederick J. Fayette, Jr. was reappointed to the Zoning Board of Adjustment for a three year term. INDUSTRIAL AND DEVELOPMENT COMMITTEE Mr. Stearns remarked that the above named committee has not been active in the past. He made a motion to reorganize the committee, under a new name to be chosen by Town Manager Janes, with the following members, Raymond R. Unsworth, Gardner Hopwood, Harold B. Bensen, a member of each of the following: School Board, Planning Commission, South Burlington Development Corporation, Zoning Board of Adjustment, and Mr. Janes, Town Manager, ex-officio. The motion was seconded by Mr. Blais and passed unanimously. Mr. Janes, Town Manager, was instructed to call the first meeting of the committee after it was named so it could get organized. FIRE WARDEN On a motion made by Mr. Pizzagalli and seconded by Mr. Blais, Russell Tilley was appointed and Roderick Wheelock was reappointed as Fire Wardens by unanimous vote. FENCE VIEWER On a motion made by Mr. Pizzagalli, seconded by Mr. Blais, and passed unanimously, Saul Lee Agel was appointed and Ernest Auclair and Howard Chittenden reappointed as Fence Viewers by unanimous vote. APPOINTMENTS, CONTINUED CIVIL DEFENSE DIRECTOR On a motion made by Mr. Stearns, seconded by Mr. Pizzagalli, and passed unanimously, Fire Chief Melvin Monell was appointed Civil Defense Director for the town. ASSISTANT CIVIL DEFENSE DIRECTOR On a motion made by Mr. Stearns, seconded by Mr. Pizzagalli, and passed unanimously, Mr. Albert C. Audette was appointed Assistant Civil Defense Director. TREE WARDEN On a motion made by Mr. Blais, seconded by Mr. Stearns, and passed unanimously, Dr. Sam Wiggans was appointed as Tree Warden. HEALTH OFFICER On a motion made by Mr. Stearns, seconded by Mr. Blais, and passed unanimously, Dr. Charles C. Gluck was appointed Town Health Officer. ZONING ADMINISTRATOR On a motion made by Mr. Stearns, seconded by Mr. Pizzagalli, and passed unanimously, Richard Ward was appointed Zoning Administrator. TOWN SERVICE OFFICER On a motion made by Mr. Stearns, seconded by Mr. Blais and passed unanimously, Robert M. Janes, Town Manager, was appointed Town Service Officer with the stipulation that if the appointment should take up too much time someone else will be appointed. CEMETERY COMMITTEE Mr. Stearns made a motion to appoint Charlotte C. Marsh and Frances APPOINTMENTS, CONTINUED Myers to the Cemetery Committee. He spoke of the good work Miss Marsh has done on the Committee in the past, and said that since there were only two people on this committee the motion would include that she be appointed Chairman. The motion was seconded by Mr. Pizzagalli and passed unanimously. TOWN GOVERNMENT COMMITTEE After discussion on the importance of this Committee, Mr. Stearns made a motion to appoint Gardiner Barnum, Dorothy Guilford, Frederick Maher, Frederick McGibney, Samuel Morse, Wayne Jameson, Fred L. Hackett, Charles Shea, Chester Cook, Kenneth Jarvis, as well as a member from each of the following: School Board, Water Department, Board of Selectmen, to the Town Government Committee. Mr. Pizzagalli seconded the motion which passed unanimously. Mr. Stearns said an organizational meeting should be called as soon as possible. Town Manager Janes said he would see that this was done. PARK AND RECREATION DEPARTMENT COMMITTEE Mr. Behney, Chairman, said that Chairman Ray of the Park and Recreation Committee will submit a report and appointment recommendations at the first Board of Selectmen meeting in April. LETTER TO DELINQUENT TAX PAYERS Chairman Behney read a letter drafted by the Town Attorney for use in collecting delinquent taxes. Chairman Behney recommended that the Town Attorney be authorized to act accordingly in the collection of these taxes. PETITION REGARDING AUSTRALIAN BALLOT USE FOR MONEY QUESTION VOTES Chairman Behney read an opinion form the Town Attorney in which Mr. Ewing said that no action needed to be taken on the petition which was a request to the Selectmen to place all money items up for a vote on the Australian Ballot system in the future. EXECUTIVE SESSION At 11:30 P.M. Mr. Stearns made a motion to go into Executive Session for discussion of the appointment to the Planninc Commission. Motion seconded by Mr. Blais and passed unanimously. The Board came out of Executive Session at 11:45 P.M. on a motion made by Mr. Pizzagalli and seconded by Mr. Blais. Chairman Behney then reconvened the regular session. APPOINTMENT TO PLANNING COMMISSION Mr. Stearns made a motion to appoint Mr. J. Richard Haigis, 168 Spear Street, to the Planning Commission for a five year term. The motion was seconded by Mr. Pizzagalli and passed unanimously. APPOINTMENTS - MEASURER OF LUMBER AND WEIGHER OF COAL (This item out of order. Should come after the Park and Recreation item on page 11). On a motion made by Mr. Stearns, seconded by Mr. Blais, and passed unanimously, Robert M. Janes, Town Manager, was appointed Measurer of Lumber and Weigher of Coal. Mr. Blais made a motion to adjourn the meeting at 11:54 P.M. Motion seconded by Mr. Stearns and passed unanimously. Approved Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.