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HomeMy WebLinkAboutMinutes - City Council - 03/05/1973SOUTH BURLINGTON CITY COUNCIL MEETING MARCH 5, 1973 The South Burlington City Council held a regular meeting on Monday March 5, 1973, at 7:30 P. M. in the Conference Room of the City Hall at 1175 Williston Road. Chairman Blais opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Frederick G. Blais, Chairman; Dr. Harold P. Brown, Michael D. Flaherty, Brian J. Gee, Walter Nardelli. OTHERS PRESENT William J. Szymanski, City Manager Richard Ward, Zoning Administrative Officer F. C. McCaffrey, 29 Birch Street M. A. Monell, Fire Chief G. G. Smith, 343 Hinesburg Road Bernice Brisson, 1045 Hinesburg Road Terrence Boyle, 39 Robinson Parkway, Burlington James Farrell, Burlington R. C. Curtis, South Burlington Chuck Perkins, Burlington A. Krapcho, 13 Sebring Road Kay Neubert, 52 Elsom Parkway D. Round, Arrowhead Avenue, Milton Donald Brisson, 1045 Hinesburg Road Virginia R. Kelleher, 3 Mayfair Street Mary Barbara Maher, Planning Commission Glenn Blanchard, Burlington Carol Oassidy, UVM Raymond Danis, 116 Patchen Road Mrs. Jerome Abrams, 21 Scotsdale Road Mrs. R. C. Frack, 25 Andrews Road Mrs. F. A. Rubin, 27 Andrews Road R. L. Jewett Matthew Marcello Richard Thomas Ronald Frack, 25 Andrews Road Mike Weissman, Smith-Bell-Hauck READING OF THE MINUTES OF FEBRUARY 26, 1973 Councilman Gee said that on Page 2 of the minutes a correction should be made to read: "Councilman Gee (not Nardelli) wondered why the bond. . ." Councilman Flaherty said that Page 5, fourth line, should be corrected to read: "Councilman Flaherty (not Nardelli) asked if school busses. . ." Councilman Gee said that Page 5, paragraph 3, should be corrected to read: "Councilman Flaherty (not Gee) asked about the use of the money. . ." Councilman Gee made a motion to accept the minutes of February 26, 1973. as corrected. Councilman Nardelli seconded the motion. The motion was approved unanimously. DISBURSEMENT ORDERS Chairman Blais reminded the Councilman to sign the orders at their leisure. ADDITIONS TO AGENDA There were no additions to the agenda. Chairman Blais said that Items 5 and 6 would be discussed with Item 3. CONSIDER APPLICATIONS FOR ZONING PERMITS 1. Henry Potter, construction of condominium units on land located westerly of Spear Street. Mr. Terrence Boyle, representative for Mr. Potter, briefly described the project. There will be 220 units for an adult cluster community on a 50 acre parcel. No children under the age of 18. The area for streets and for the 15% open space was not included in the calculation of density. Access is from Spear Street. Fifteen percent of the parcel (7.6 acres) is to be reserved for public open space and buffer. 2.2 acres are to be negotiated for a proposed park purchase by the City of South Burlington. Building coverage is 31%. No trees will be cut except dead elms. There will be a home owners association with management. $360.00 per unit will be spent on tree planting. A detailed landscapping plan has not yet been submitted. The city street will be 30' wide and all other streets will be 20' wide. Sewerage will connect into adjacent system of Laurel Hill with developer paying cost of deficiencies. Water will come from Spear St. and Oak Hill Drive. The storm water will slope into the headwaters of Potash Brook. There is an agreement that the City of South Burlington will never have to take over the roads in the development. Chairman Blais read the motion of the Planning Commission which approved the Potter Plan of January 30, 1973, pending final landscapping plans and bond for all utilities. Councilman Gee asked what would be the price for the 2.2 acres being negotiated for acquisition by the city. Mr. Szymanski said there was a preliminary price. Councilman Gee asked what the completion schedule was. Mr. Boyle said the first phase would be completed in the fall of 1973. Phase II would be next spring and summer and Phase III in three to five years. Councilman Gee wondered if the project would be completed according to the plan should the adult community concept not be marketable. Councilman Flaherty said that there were two sections of open space being proposed for purchase by the city for public park area, but that Mr. Boyle did not mention both in his presentation. Mr. Boyle said that because of front end costs, the developer did not feel an additional section of 1- plus acres could be offered. Councilman Nardelli asked what would happen to the restrictions on "adults only" if the property changed hands. Mr. Boyle said they were legally binding. Councilman Nardelli said he wanted the city attorney to answer that question. Councilman Nardelli commented that he believed the criteria required by the Environmental Board was not being required by the city before the city granted permits. He said he believed it would be better procedure if all criteria are approved first before a permit is granted. Mr. Ward said the Environmental Board had to have total local approval before hearing applications for their approval. Mr. Ward said the permit was subject to approval by the Environmental Board. Councilman Nardelli further commented that the city should study the long range economic impact of development on services in the city in order to have a way of judging if hardships will be imposed on the city when developers submit plans. Mr. Szymanski said the sewer plant off Shelburne Road had plenty of capacity. Chairman Blais said that Act 91 mandates that the Planning Commission prepare a capital study projection and program. Mr. Curtis said the mayor of the Township Manchester, New Jersey, wrote to him that Mr. Potter has conducted his business in that township with honesty and integrity. Mr. Curtis said he believed the development will be a benefit to the city. Councilman Brown moved to grant the zoning permit for the Potter development as presented. Mrs. Krapcho asked what are the arrangements for public access to open space. Mr. Boyle said that upon approval the open space will be turned over to the city. Mrs. Hildick asked who would be responsible for the cost of possible damages to adjacent property if storm drainage is not provided for adequately by the developer. Mr. Szymanski said the city would be responsible after the developer completed the project. Chairman Blais said that during construction of the project bond is posted for the purpose of providing utilities. Mrs. Guilford asked if land in Sections III and IV would be disturbed when Section I is under construction. Mr. Boyle said it would be disturbed only to connect sewer and electricity. Mrs. Guilford asked if there would be a trail easement to connect with the trail to Farrell Park. Mr. Boyle said there would. Councilman Nardelli made an amendment to the motion that approval be subject to legal opinion that initial covenants be legally enforceable should the Potter property be sold outright. Councilman Flaherty seconded the amendment. The amendment was approved unanimously. The motion was approved unanimously. 2. Robert Cutler of Gastown, Inc., Springfield, Mass., for construction of a gasoline station on land located at the intersection of Williston and Patchen Roads. The proposed gas station is for the purpose of selling gas only and will not be used for repairs or for maintenance. The Zoning Board of Adjustment approved unanimously a variance for a 2% shortage on lot size. All other requirements are met. Mrs. Maher, member of the Planning Commission, told the Council that the application had not come before the Planning Commission for site plan review. Mrs. Neubert commented that presently a loading truck blocks the whole area, and she asked that landscapping be low enough so that it will not block traffic vision. Mr. Robenstein said the role of the Council was to hear an application for a zoning permit. Councilman Gee moved to grant the zoning permit, provided the application go before the Planning Commission for site plan approval. Councilman Flaherty seconded the motion. Following discussion of the proposed zoning which provides for site plan approval and for restrictions on entrances onto streets, Councilmen Gee and Flaherty withdrew their motion. Councilman Nardelli made a motion to remand the application of Gastown, Inc. to the Planning Commission for site plan approval. Councilman Flaherty seconded the motion. Mr. Cutler said the property is under option which could lapse at any point. The motion was approved by a 3 to 2 vote. Councilmen Blais and Brown opposed. 3. Donald Brisson and Archie Myers, conversion of an existing building into a dual use, on land located at the intersection of Shelburne and Allen Roads. Chairman Blais said the Planning Commission had voted 3 to 1 to approve on a temporary basis dual use and a maximum of 10 cars displayed outside, revoking a previous agreement to prohibit outside display and more than one use. Chairman Blais said the proposed zoning prohibits dual use, but that a proposed amendment is being considered to eliminate the prohibition. Mr. Robitaille said he wanted it stricken from the record that the application for dual use is based on hardship. Mr. Robitaille said it is essential that outside display be permitted since other car dealerships in the area are allowed this. Mrs. Guilford said she is not against dual use, but she commented that she felt the city was losing ground to allow outside display in front yards. Mrs. Krapcho said there are three car dealerships without car displays in front of the building: Goss, Brewer and Lake Buick. Councilman Brown moved to grant dual use and to accept the Planning Commission's recommendations. Councilman Gee seconded the motion. Councilman Flaherty amended the motion to review the zoning permit at the end of two years from the date of the permit. Councilman Gee seconded the amendment. The amendment and the motion were approved by a 3 to 2 vote. 4. Attorney Richard Thomas of Burlington for reconstruction of the present Lure property on Williston Road into another restaurant. Mr. Ward said the application has been approved by the Planning Commission subject to landscapping approval. Three curb cuts will be reduced to two with a one- way drive. Landscapping will replace some asphalt and 86 parking spaces will be reduced to 44. It will be brick-faced with sloping roof and the sign has been worked out with the Planning Commission. Councilman Nardelli suggested that through traffic be allowed to adjacent properties for more internal circulation. Chairman Blais said through traffic would interfere with the one-way drive. Councilman Nardelli also expressed his concern that the reduction in the number of parking spaces would not provide adequate parking. Chairman Blais said he felt 48 spaces was enough since there was available parking nearby. Mrs. Neubert said there was a potential for interior circular traffic. Councilman Gee moved to approve reconstruction of the Lure property into another restaurant. Councilman Brown seconded the motion. Following further discussion concerning access, Councilman Brown amended the motion to get an opening on the rear of the property to increase internal circulation. Mr. Perkins said he was in favor of internal circulation. The motion and amendment were approved by a 4 to 1 vote. Councilman Nardelli was opposed since he was concerned about the required parking spaces. RECONSIDER SANCTION OF USE VARIANCE FOR CHURCH OF GOD, INC. The Reverend of the Church of God, Inc. explained to the Council that after receiving approval from the Zoning Board of Adjustment for a two year permit for a modular unit, he set in motion plans to have the unit delivered. He said he was unaware that the Council had to approve the use variance. He said the driver delivering the unit is in a motel and that the Church will lose its downpayment if the Council does not approve the permit. Councilman Flaherty said the Council turned down the request last week because approval would have meant that two years from now a non-conforming property would be created. Following discussion Councilman Flaherty moved to accept the use variance. Councilman Gee seconded the motion. Councilman Nardelli amended the motion to making the use variance temporary for a period of two years. The amendment and the motion were approved unanimously. APPROVE REVISED ZONING ORDINANCE AND MASTER PLAN, SET DATE OF PUBLIC HEARING, DISCUSSION OF COUNCILMAN FLAHERTY'S SUGGESTION FOR LIMITING CITY POPULATION GROWTH TO 2% PER YEAR, DISCUSSION OF THE CRITERIA OF ACT 250 AS APPLYING TO DEVELOPMENT. Councilman Nardelli said that the qualifications of a professional planner were not defined in the ordinance. The council briefly discussed adding a general provision to the proposed zoning that all parking in the city would be supportive of only buildings in South Burlington. It was also mentioned that a clarification must be made between parking and storage. Councilman Flaherty said he believed the Airport Industrial zone should be limited to the east side of Airport Drive, with the provision that it be reviewed in three years. He said he wanted a better idea of future development at the airport before zoning out homes. Mr. Unsworth questioned the 300' setback along the lakeshore. There was a discussion concerning economic study and capital budget program. NEW PROPOSAL CONCERNING VELCO-NOT ON AGENDA Chairman Blais said that Velco has agreed to put the Queen City Tap line underground starting 2000' east of Hinesburg Road and going to the Queen City site, with Pizzagalli Co. doing the trench work. The Council unanimously accepted the proposal. ADJOURNMENT: The Council adjourned at 11:15 P. M. Approved Brian J. Gee, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.