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HomeMy WebLinkAboutMinutes - City Council - 08/21/1978CITY COUNCIL AUGUST 21, 1978 The South Burlington City Council held a meeting on Monday, August 21, 1978 at 8:00 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Martin Paulsen, Ken Jarvis Others Present William Szymanski, City Manager; Richard Ward, Zoning Administrator; Jean Cochran, WVMT; Faye Stoddard, Free Press; Joe Slakas, WCAX; James Goddette, Fire Chief; Sonny Audette, Highway Department; George Sterns, Sterling Emerson, Penny Emerson, Gordon O'Brien, Elmer Premo, William Sorrell, Edward Fisette, Paul Godard, Byron Hills, Georgie Brown, William Schuele, Constance Kite, Kay Neubert, Ray Lawrence, Gerald Vosburgh, Beverly Vosburgh, Pam Douglas, Sarah Pappas, Stephen Danforth, Arthur Pappas, Edwin Levin, Carole and Peter Harvey, Richard Pepperman, Wayne Wilson, Sharon Woodard, Bob Chittenden Minutes of August 7 and 12, 1978 It was moved by Mr. Jarvis and seconded by Mr. Flaherty to accept the minutes of August 7 and 12 as written. The motion passed unanimously. Disbursement orders Disbursement orders were signed. First reading of amendments to the Sign Ordinance. Mr. Farrar read the proposed amendments. Mr. Burgess moved that the City Council approve the first reading of this ordinance with the correction of the typographical error in Section 6 line 2, which should read "now", not "not". Also the word "paragraph" is misspelled at the end of the first line in Section 2. Mr. Paulsen seconded the motion. Mr. George Sterns said that he represented Almy's and that he asked the Council on their behalf to consider an additional amendment to section 8b. He asked that the number of permitted wall signs be increased to 3 and that the total size permitted be increased from 100 square feet to 150. He noted that the present sign ordinance has no variance provision or appeal process. He felt that large businesses with large wall areas needed greater flexibility and said that the two signs Almy's has now do not give them the exposure they feel they need. He felt Almy's had a unique situation. Mr. Farrar noted that the formula for wall sign size had been discussed two times already. The vote on the motion was unanimously in favor. Mr. Farrar said this did not mean the size could not be reconsidered in the future. Consider final action on Interim Zoning District applications Trachte Metal Building Co. Shelburne Road -The Council members had not received suggested motions for this appeal, so the item was deferred until the special meeting on August 28. Tracy Gleason - Dorset St. - Mr. Farrar indicated that this use of the property might he a reasonable one but he said he would like to be sure that the use to only the one that is intended now and said that he felt there should be only one access, probably on Dorset St. Mr. Burgess felt that if interim zoning had not been in effect the appeal would have gone to the Zoning Board and he was not sure it would have been granted. Looking at the criteria, he felt that it could not legally have been granted, since he did not see any hardship. He felt he had to put himself in the position of the Zoning Board and he moved to disapprove the application of Tracy Gleason for a music store on Dorset St. The motion died for lack of a second. The Council felt that it would like a motion of approval which provided that when the use as presently requested was terminated, the property return to the original zoning, that there be one curb cut on Dorset St and that the one on Kennedy Drive be closed, and that expansion of the building be limited to what the plans presented now. Mr. Flaherty moved that those conditions as discussed be put into a motion for the approval of the Tracy Gleason building on Dorset St. The motion was seconded by Mr. Paulsen and passed with Mr. Burgess voting no. Sterling Emerson - Shelburne Road - Mr. Flaherty suggested a motion of approval with the conditions that there be adequate screening between the building and the adjoining motel and that the use be limited to a real estate office only. Mr. Jarvis said he would like the screening to be a stockade fence. Mr. Emerson did not feel that was necessary. Mr. Farrar suggested wording the stipulation so that it would be a stockade fence or any screening acceptable to both the applicant and the adjoining property owner. The Council unanimously favored a motion with these conditions. Arthur Mason and Sharon Woodward - Shelburne Road - Mr. Flaherty felt there should be a stipulation in the approval about screening and fencing between them and the Brewer Parkway neighbors. Mr. Farrar said that there still seemed to be a lot of cars parked there considering that the use was no longer college students apartments. He suggested an approval motion with the duration of the approval to be a limited time period. He also suggested that there be a statement about the types of uses which will be allowed in the structure and on the lot. Mr. Flaherty moved to approve the Interim Zoning District application of Arthur Mason and Sharon Woodward on Shelburne Road with the conditions that fencing acceptable to the neighbors on Brewer Parkway be installed between them and the day$$ center, that the use be limited to a day care center as requested, and that the variance be for a one year time period. The motion was seconded by Mr. Jarvis and passed with all in favor. Public hearing on conditional use application within interim zoning district Addition to Pappas' Restaurant - Shelburne Road - Mr. Steve Danforth represented Pappas' and said that they would like to add a new banquet facility to the restaurant. The addition would about double the size of the restaurant. Mr. Danforth said that traffic islands would be installed in the parking lot and that there would be some planters to help insure proper drainage. He said they would like to keep the present curb cuts in use. Mr. Farrar said the Council would need traffic data - how many cars come in and out now and how many could be expected with the addition? He said they would need to know the traffic pattern during the day, particularly during the peak hours of 4-7 pm. Mr. Danforth said the addition would be for special occasion use only and that they have 35 parking spaces now and will have 77 after, it is built. They hope to pave all the parking area. Mr. Burgess moved to continue the hearing until the applicant has presented all the information requested. The motion was seconded by Mr. Burgess and passed unanimously. Consider road closings Shunpike Road - Mr. Farrar said the City Attorney had said that the proper procedure for closing a road was to petition County Court but he wished to be sure all the residents wanted the road closed, and he wanted the opinions of the city officials on this. Mr. Peter Harvey, resident of the road, said he wanted it closed. Mr. Ed Fisette, also a resident, said that he remembered 1 1/2 years ago when the Digital plant was just going in. At that time the residents were told truck traffic would use the road until the access road was built. He felt that the issue of what to do about the road had been left in the air until the plant was built and on line, which is now. He felt that various alternatives had been outlined at that time, such as closing the street, installing bumps or dips to control speed, a possible cul-de- sac, etc. He said that there do seem to be more cars on the street now than before Digital went in, but he was not sure that closing the road was the best solution to the problem and he suggested some interim actions that would not be so drastic. Mr. Richard Pepperman, a resident of Shunpike Road, said that he had attended the Environmental hearings on the GBIC subdivision that later became the Digital lot and at that time they had been told that when employment in the plant reached 200 Shunpike Road would not be used for access. He also felt that the residents and the city had reached an agreement about traffic on the road which had since been violated. He stated that there were more than 20 children on the street and that there was a lot of traffic, most of it going very fast. He wanted to see something done about the situation. Mr. Burgess asked Mr. Szymanski to look back in the minutes and in the record for any agreements between the city and the residents about the road, and to pull out the important facts which came out at the Environmental Board hearing. He also said he would like to know what other residents of the area think about the road being closed. Mr. Farrar said that if the city did close the road it would have to decide where to do it and how to do it. Mrs. Harvey favored closing it at the Williston Road end, and having a cul-de-sac. She felt that there could be some kind of breakable barrier for emergency access. Mr. Harvey said that he would also like some information, as long as Mr. Szymanski would be gathering it. He asked where access to the 38 acres owned by RIR Enterprises behind the north-south leg of Shunpike Road would be, when the extension of Kimball Road to Tafts Corners in Williston would be built, and whether Digital has an option on the 38 acre parcel of land. Mr. Pepperman said there had been a problem on the street with "hotrodders" who parked near the Digital plant and played loud music and drank beer. Mr. Fisette added that the local Pugeot dealer seemed to be using Shunpike Road as a test strip for his cars. He asked how the Council would find out what the residents of the road would like done. Mr. Farrar said that the Council would like to know whether the road should be dead ended and if so, where. Mr. Burgess suggested getting some traffic data from the street. It was suggested that the residents of the street be polled as to their opinions on the possible closing of the street, probably by mail. Mr. Goddette, the Fire Chief, said that he would not like to see the street closed, since that posed fire protection problems. He said that a gate or other emergency barrier would need to be kept clear of snow in the winter or it would be no good. Old Farm Road - Ms. Georgie Brown said that there were about 10 families on the road and that they had all signed a petition asking that the road be dead ended. She felt it could be closed at the brow of the hill, where the zone changes from residential to commercial and industrial. She said that no emergency equipment uses the road because it was not a fast way to get anywhere. The O'Briens will give the city enough room for a turnaround if the road is closed, she said. Mr. Goddette said that if Hinesburg Road were closed for any reason, as it had been recently, he would need Old Farm Road to get around the closed road. Mrs. Brown conceded that there was not a lot more traffic on the road since Digital came in but said that there was a lot of speeding and that the residents wanted to maintain the rural flavor of the area. Review Planning Commission request for amendments to the sewer ordinance Mr. Paulsen moved to defer action on this issue until the next meeting. Make appointments to city Boards and Commissions Action on this issue was also deferred. Public hearing on the purchase of lakeshore land known as Lakeland situated just north of the Shelburne town line Mr. Farrar stated that the city was considering purchasing 14.62 acres of land with 1,015' of frontage on the lake and a 60' right of way up to the railroad tracks and then a 75' right of way going north and south along the tracks. The price is $228,500. Mr. Flaherty moved to empower the City Manager through the Recreation Director to complete and submit to the Bureau of Outdoor Recreation the final application grants. The motion was seconded by Mr. Burgess. Mr. William Schuele, Chairman of the Natural Resources Committee, said that the Committee approved this action. Mr. Farrar said that the Master Plan showed this land as being one of the most desirable for acquiring park land and that it was in keeping with the Master Plan that the city acquire it. The community's share of the cost will come out of the Open Space appropriation in the city budget. The motion passed unanimously. Sign Water Department note Mr. Szymanski said the note was for $32,320 which the Department borrowed several years ago. He thought the rate was about 4%. Mr. Flaherty moved to sign the note with the understanding that the interest rate is less than 5%. The motion was seconded by Mr. Paulsen and passed unanimously. Review Zoning Board and Planning Commission agendas Mr. Burgess asked where the Emerson application for the triangle of land at Williston Road and White Street stood and said that he would like to put it on an agenda to discuss and either do something about it or ignore it. Meet as Liquor Control Board Mr. Burgess moved to adjourn and meet as the Liquor Control Board. The motion was seconded by Mr. Flaherty and passed unanimously. Mr. Szymanski said he had an application from Spillene's on both Williston and Shelburne Roads for a liquor license. After some discussion it was determined that they would have to go before the Council with an interim zoning application so no action was taken on the application. The meeting was adjourned at 10:30 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.