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HomeMy WebLinkAboutMinutes - City Council - 08/07/1972SOUTH BURLINGTON CITY COUNCIL MEETING August 7, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road on Monday, August 7, 1972 at 8:00 P.M. Chairman Frederick G. Blais called the meeting to order with a Salute to the Flag. MEMBERS PRESENT Frederick G. Blais Dr. Harold Brown, Jr. Walter Nardelli Brian J. Gee Michael D. Flaherty OTHERS PRESENT William Szymanski, City Manager Richard Ward, Zoning Administrator Raymond Unsworth Frank McCaffrey Albert C. Audette G. G. Smith Gil Granetti, WJOY, Burlington Norman Mayers, Burlington Stephen Meyers, " Paul Marcotte, Charlotte R. H. Wadhams, Hinesburg Ernest Pomerlean, Burlington Arlene Krapcho, League of Women Voters of South Burlington Beth Granetti, South Burlington Charlotte C. Marsh John Conant, Shelburne Dorothy Guilford, Secretary Terrence Boyle READING OF MINUTES OF MEETINGS JULY 10 AND JULY 17, 1972 Chairman Blais asked if there were any additions or corrections to the Minutes. Mr. Nardelli remarked that the content of the Minutes of July 10 is correct but corrections should be made on the names of those making the motions and seconding. Mr. Szymanski agreed to make the proper corrections. Mr. Nardelli moved to approve the Minutes of July 17 as presented and the Minutes of July 10 with the corrections on names to be made by the City Manager. Dr. Brown seconded the motion. Approval was unanimous. DISBURSEMENT ORDERS SIGNED Chairman Blais noted disbursement orders were on the table to be signed before adjournment. Chairman Blais remarked that the City and the Council can be proud of our Fire Department and also those in charge of arrangements for hosting the recent New England Firefighters' Convention in South Burlington. He noted the scheduling and planning was impeccable and he had heard many fine comments on it. SIGN RESOLUTION AND LEASE AGREEMENT WITH SCHOOL DISTRICT FOR PARK AND RECREATION ACCESS TO TENNIS COURTS TO BE CONSTRUCTED EAST OF THE HIGH SCHOOL BUILDING AS REQUIRED FOR BOR FUNDING The City Manager explained that BOR requires a lease agreement with the School District for access to tennis courts to be constructed east of the High School building. A copy of this lease agreement is filed with these Minutes. Mr. Szymanski told the Council the School District attorney is not happy entirely with this agreement and made some changes regarding liability provisions. The City Attorney is in agreement with these changes, he said, Dr. Brown suggested that the school cover their own liability when the tennis courts are in use. Discussion followed on this point. Chairman Blais suggested the School District be requested to bear the cost of any increase in insurance due to the school use of the facility. Mr. Nardelli moved that the Agreement for park and recreation across to school property be approved as submitted and read by the City Manager and approved by the City Attorney and School Attorney. Mr. Flaherty seconded the motion. Discussion followed on the motion. Mr. Audette asked if the jurisdiction is under the Recreation Department. Mr. Blais told him it is. A vote on the motion resulted in unanimous in favor of the motion, with the Chair also voting in the affirmative. Mr. Szymanski was requested to check with Mr. Lucas, Business Manager of the School District, on pro-rating the insurance. SANCTION OF THE LAND USE VARIANCE REQUEST OF BURLINGTON INDOOR TENNIS CENTER FOR LAND LOCATED SOUTH OF KENNEDY DRIVE (BRAND PROPERTY) AND WEST OF THE TIMER LANE APARTMENT COMPLEX Mr. Ward informed the Council that this proposal was presented to the Planning Commission on June 27 for their review and it received their approval with stipulations that it be resubmitted for water, sewage and building design. It went to the Zoning Board on July 19 and it was approved by that board with no stipulations. It is here before the Council for its review under a use variance. 500 feet running parallel to Kennedy Drive was rezoned to Residence C by the Council. Beyond that 500 feet it is still in Industrial zone. Mr. Ward stated this was reviewed by Dr. Kent and mult-unit housing was suggested here. The Planning Commission also approves this use. Chairman Blais stated the proposal must go back to the Planning Commission for review as sub-division. Mr. Flaherty asked if the use variance expires if the property changes hands. Mr. Ward replied that the use does not expire if the property changes hands. Mr. Nardelli said he does not think this is the correct approach. A zone change is being requested, not a use variance, he felt. "When a use variance is granted it is a variance from a use already in existence and there is no use in this instance." he added. Mr. Szymanski referred to Zoning Regulations Section 9.1 Paragraph 5, and read that paragraph to the Council. He said he had checked with the City Attorney, John Ewing, who feels the request is in order. Mr. Nardelli maintained there should be a block plan study first and that going to Business A from residential C is a zone change request and not a variance. Terrence Boyle noted the Industrial Zone does not specifically refer to tennis courts, and since the Master Plan calls for residences in that super block, it was felt tennis courts, and a swimming pool would fit in there. Mr. Nardelli replied there has not been any information from anyone that this is the way the city is to be planned. Therefore, the city should work on the assumption of what it has now. Dr. Brown stated the Planning Commission felt that this area has set a definite plan, and there is no adult recreation like it in the city. He felt there was a need for this type of proposal and it seemed logical to have it there. Mr. Nardelli stated the developer should be asking for a planned area if he wants a complex to exist there rather than the proposal as presented tonight. He thought it opened up the door to some "thin thinking" and that one could say "why bother with a zone change when he can ask for a use variance". Mr. Flaherty said he doesn't want to start spot zoning and would prefer to see a whole plan rather than a piecemeal one. Dr. Brown noted the Planning Commission is getting areas of from 20 to 100 acres and everyone seems to think the developer should be able to tell us what he's going to do and where it's going to go. He felt that, if we want local people to develop our own community, we must have a little faith in them and should give them a chance to make a little money before they come back again. Mr. Gee said he felt this use would be more compatible than most. Chairman Blais pointed out the Council is not approving or disapproving the proposal but the general concept of the use. Dr. Brown moved that we allow the land use variance of the Burlington Indoor Tennis Center located south of Kennedy Drive and west of the Timber Lane apartment complex. Mr. Gee seconded the motion. There was no further discussion. A vote on the motion resulted in: 2 in favor (Mr. Gee and Dr. Brown) 2 opposed (Mr. Flaherty and Mr. Nardelli) Chairman Blais voted with those in favor of the motion to break the tie and the motion was carried. FIRST READING OF PROPOSED ZONE CHANGE BUSINESS DISTRICT A TO BUSINESS DISTRICT B FOR A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SHELBURNE ROAD BETWEEN TOWN AND COUNTRY FURNITURE STORE AND THE MILBROOK BAKERY CO. - REQUEST IS BY THE POMERLEAU REAL ESTATE COMPANY Ernest Pomerleau, spokesman for his company, said he understands this is a future acceptable zoning change. The proposed building, which is a warehouse for the General Electric Supply Corporation, will be colonial in design, with loading docks in the rear. Truck entrance has been designed off Bartlett Bay Road. Curb cut on Shelburne Road must be approved by the State Highway Department, he said, Chairman Blais explained that this proposal is a first reading before the Council. If it is accepted it will go to the Planning Commission for a public hearing, with a request for recommendations from that board to the Council. Mrs. Arlene Krapcho noted that Mr. Pomerleau made reference to a "future acceptable zone change". Directing her question to Dr. Brown she asked if the Planning Commission has decided to make Shelburne Road a warehouse district, as indicated by Mr. Pomerleau. Dr. Brown said no decision has been made. Mrs. Guilford stated she lived very near the proposed warehouse and had very serious concern about traffic conditions in an already dangerous situation. She called attention to the fact that there would be trucks entering and leaving the warehouse and requested the Councilmen go down and park there to observe the traffic problems from so many cars entering and leaving Shelburne Road. Granting a zone change for this use would greatly add to the dangers already existing there. Miss Marsh wanted to know what the house of operation would be. Mr. Pomerleau replied it would be probably from 8 to 5 - -it is a wholesale house. Mrs. Krapcho asked why this property cannot be used as presently zoned. Mrs. Guilford observed that the Planning Commission had voted against this proposal on November 23. She asked the Chairman why it was necessary to go through the procedure before the Planning Commission again, after it was turned down previously. Chairman Blais replied that "this is a recommendation only." Mr. Nardelli said he is opposed to this change in zone for this area for several reasons; for one reason, the five-lane stops in front of the Volkswagen Agency; we are continuing strip building again, which degrades the road; there has been an upgrading of that area more recently, with an insurance company, retail stores and he thinks it is time to think of upgrading rather than changing zones. He pointed out there is land available in the back and the city should start talking that way now or it will never be done. Chairman Blais again reminded the Council that the request is "do we want to send this on to the Planning Commission." Dr. Brown said "with the taxes people are paying on this land they must do something with it." Mrs. Guilford stated she disagreed with Dr. Brown and that she thinks he has an obligation to his constituents and should be thinking of them as well as the developers, since they also pay taxes. She also stated she would like to remark publicly that she feels it is not a good situation for Dr. Brown to have two votes on issues, one on the City Council and one on the Planning Commission, since he could use his persuasiveness to have the Planning Commission vote his way. Mr. Blais said this is now being studied. Mrs. Guilford also said she felt it unethical for her to express her opinion on proposals when she is acting as secretary to the Council and Planning Commission at their meetings. She explained to those in the audience that she is not an employee of the city but is hired as a private contractor to take the Minutes of meetings. She said she would resign at the close of this meeting. Dr. Brown replied that the city charter calls for a member of the council to be appointed to the Planning Commission; this was not something he had decided and, since he was appointed, he is trying to do a good job. He felt the Planning Commission should look at requests for zone changes since they are allowed under the charter. Charlotte Marsh wanted to know if there would be a public hearing when this proposal goes before the Planning Commission. Mr. Blais told her it would be a public meeting - - not a public hearing. Mr. Nardelli moved to turn down the proposal of Pomerleau Real Estate for first reading of zone change from Business District A to Business District B for a parcel of land on the west side of Shelburne Road between Town and Country Furniture Store and Milbrook Bakery Co., for a warehouse for G.E. Supply Corp. Mr. Flaherty seconded the motion. Result of vote: 2 in favor (Mr. Nardelli and Mr. Flaherty) 2 opposed (Mr. Gee and Dr. Brown) Chairman Blais voted with the opposed to break the tie vote and the proposal was sent to the Planning Commission. FIRST READING OF PROPOSED ZONE CHANGE, BUSINESS DISTRICT B, RESIDENTIAL DISTRICT A AND PLANNED DISTRICT TO RESIDENTIAL DISTRICT C, FOR A PARCEL OF LAND LOCATED ON THE SOUTHWEST QUADRANT OF THE INTERSECTION OF KENNEDY DRIVE WITH WILLISTON ROAD – REQUEST IS BY B.S.S.B. REALTY COMPANY Mr. Ward explained this proposal has been held up due to the moratorium. Attorney O'Brien told the Council his client proposes to build 260 housing units on 35 acres. He said they are anxious to proceed and submit detailed plans to the Planning Commission immediately. Mr. Nardelli felt the city is not in any position to underwrite this development and that any building of this nature would have to be underwritten in some way by the city sooner or later. He said he would like to know more about how much impact this will have on the dollar to the city and felt the Council should weight the cost to city with the income received. Mrs. Krapche asked if this development will be subsidized. Mr. O'Brien said it would not be. Mr. Blais explained that all these details would come out at the subdivision hearing. Mr. Flaherty moved to pass this request on to the Planning Commission for review. Mr. Brown seconded the motion. During discussion Mr. Nardelli said he would like to emphasize the same point he made previously, that the Council has the responsibility of costs in this city; "we must think in terms of the dollar; we must hink of 140 kids; Fire Department; sewerage; passing this on to the Planning Commission is not the answer. We are responsible for the costs to the city. We are up to our maximum on schools. I urge you not to accept this." Chairman Blais asked him if he is prepared to submit figures to substantiate this, that they need supportive evidence. Dr. Nardelli referred him to Dr. Kent's recommendations and said he gave us this information. Mr. Flaherty stated the reason he made the motion is because 60% of the apartments will be one-bedroom and the city has been encouraging proper planning, which the developer seems to be trying to do. Dr. Brown felt the Council should take a look at these things "so we can sort the good from the bad." A vote on the motion was called. Result of vote: In favor 2 - (Brown and Flaherty) Opposed 2 - (Nardelli and Gee) Chairman voted with those in favor of the motion to break the tie. Proposal was passed on to the Planning Commission. SANCTION THE USE VARIANCE REQUEST OF JUSTGOLD PROPERTIES (MAMMOTH MART) FOR THE INTERIOR SALES OF BUILDING MATERIALS Mr. Ward told the Council this proposal was reviewed three times by the Zoning Board of Adjustment and the last time they would not hear it (May 3) because they would not consider anything until a landscaping plan was approved. Mr. Toomey, representing Mammoth Mart, stated there will be no exterior storage or cyclone fence as previously planned. All materials will be stored inside the store. Dr. Brown questioned how the Planning Commission could know whether it is getting what it is supposed to as far as landscaping, since the contract which Juster Construction Corp., Yonkers, New York has signed with George Brady, Landscape Architect, amounts to approximately $10,000. Mr. Ward stated Mr. Juster has said there is no intention on his part of cheating and we would have to take his word for it. Mrs. Krapcho asked if the developer was required to post a bond for landscaping. Mr. Ward said the Planning Commission did not insist upon a bond being posted but requested a copy of the contract for the landscaping, which he has furnished. (A copy of this contract is filed with these Minutes.) Mr. Nardelli said he was concerned that this would create more truck traffic and also consumers taking out materials would add to the traffic problems already existing which he is constantly receiving complaints about. Dr. Brown felt one of the problems there is the lack of a sidewalk and this was requested by the Planning Commission but it was not constructed. He feels there will be more traffic problems with this proposal. Mr. Toomey said Mammoth Mart has found this sale of building materials to be a profitable venture and has been willing not to store materials outside. He felt the Council and Planning Commission is using Mammoth Mart as a leverage to get Juster Corp. to landscape the shopping center. Frank McCaffrey said he believed the store should be allowed to sell what it wished. Mr. Nardelli moved that the request for use variance of Just gold properties (Mammoth Mart) be denied. Mr. Flaherty seconded the motion. Approval was unanimous. ACCEPT THE RESIGNATION OF DAVID CLEARY FROM THE ZONING BOARD OF ADJUSTMENT AND AS CITY GRAND JUROR AND CITY AGENT Chairman Blais explained that David Cleary is relocating to Barre and can no longer serve as City Grand Juror and City Agent. He has submitted his resignation. Mr. Blais requested the City Manager to advertise in the news media that the vacancy exists. Mr. Nardelli moved to accept Mr. Cleary's resignation and that a letter of commendation be sent to him in recognition of his work in behalf of the city. Mr. Gee seconded the motion. It was unanimously approved. SIGN BURLINGTON AMBULANCE SERVICE AGREEMENT Mr. Szymanski presented a copy of the Ambulance Service Agreement with the city of Burlington, (copy filed with these Minutes) which is in the amount of $9,000, and extends until June 30, 1973. Mr. Szymanski said he had checked with our City Attorney and with the Burlington City Attorney to see if a letter would suffice and both agreed it would. Mr. Nardelli moved to sign the ambulance service agreement as presented. Mr. Flaherty seconded. Mr. Gee remarked that he went on record that he was against this because "Burlington has us". He said he would sign the agreement but would like to have the City Manager request the Fire Chief to look into our own service since he thinks the sum of $9,000 is too high. Mr. Blais observed that $9,000. was a reasonable figure, in his opinion. Mr. Flaherty noted that the most important point is to be sure the service the city gets is adequate. It could mean a person's life if we did not have a service with properly trained individuals. A vote on the motion resulted in unanimous approval. Mrs. Krapcho asked if the Council had determined what the city would charge for ambulance service. Mr. Blais said the figure of $40. has been discussed but this must be checked with the City Attorney. Mr. Nardelli noted that this charge can be paid by the Insurance Company of the individual if they are so covered. DISCUSSION ON THE ADOPTION OF ORDINANCES PROHIBITING OPEN BURNING Chairman Blais said he had received two calls on this subject and asked for comments. After a brief discussion Mr. Nardelli requested that the City Manager obtain comments on this matter from the Fire Chief and Police Chief and, if they are in favor, that we proceed with the drafting of the ordinance. CONTINUATION OF THE DISCUSSION ON THE METHOD OF ASSESSING A SEWER AREA LIST CHARGE ON THE VERMONT AIR NATIONAL GUARD FACILITIES The City Manager said he felt a fee based on what the city is charging the Burlington Airport, approximately $1,200. is a fair assessment. Mr. Flaherty moved to accept Mr. Szymanski's recommendation to charge the Vermont Air National Guard $1,200. for a sewer area list charge. Mr. Nardelli seconded. Approval was unanimous. Mr. Szymanski announced that the new landfill hours are: open all day Saturday. closed Monday 7:30 to noon. Open noon to 4 P.M. He noted the fact that there were many complaints from residents who used the landfill on Saturday about the Saturday closing and the hours were changed to accommodate South Burlington residents. Mr. Nardelli moved to adjourn. Mr. Flaherty seconded. Approval was unanimous. The meeting was adjourned at 10:00 P.M. Approved_____ Clerk -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.