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HomeMy WebLinkAboutMinutes - City Council - 08/28/1978CITY COUNCIL AUGUST 28, 1978 CORRECTION On page 1 at the bottom of the page it should read that it is the developer's obligation to get a certificate of compliance for, not from, the City Engineer. The South Burlington City Council held a meeting on Monday, August 28, 1978 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; Kay Neubert, John Little, Bob Roesler, Ray Lawrence, Stephen Page, Planner Additions to agenda Item 5, a discussion of the City Manager's recommendations on signing payment of invoice, was added to the agenda. Minutes of August 21, 1978 It was moved by Mr. Paulsen, seconded by Mr. Burgess, and passed unanimously, to accept the minutes of August 21, 1978 as prepared. Sign Disbursement orders Disbursement orders were signed. Public hearing on amendments to the Zoning Ordinance, Subdivision Regulations, and the Comprehensive Plan Mr. Farrar read the proposed amendments to the Subdivision Regulations. Mr. Jarvis moved to approve the proposed amendments to the Subdivision Regulations as read by the Chairman of the City Council. The motion was seconded by Mr. Flaherty. Mr. Paulsen brought up the question of reimbursement to a developer who puts in a larger water line than he needs for his own development in order to have that line serve other property owners later. He felt that the procedure for reimbursement should be through the Water Department, not directly from the developer to the people who hook on later. He felt that this point was not clearly stated in the amendments. Mr. Page said it was very late to try to amend the section and Mr. Farrar recommended passing these amendments with the understanding that the Planning Commission start work on another amendment to change the language to reflect Mr. Paulsen's concern. Mr. Paulsen also brought up the question of dropping section 2 under Section 204.1 (b) (page 13 in the Subdivision Regulations). He asked who would certify that the subdivision had been installed as per the plans submitted. Mr. Page said that that section was putting the cart before the horse and the developer could not legally adhere to it. Mr. Paulsen felt that it was the developer's obligation to obtain a certificate of compliance from the City Engineer. It was suggested that such wording be inserted in the Regulations, perhaps under Section 506. The motion passed unanimously. Mr. Paulsen then moved that the City Council request the Planning Commission to revise the wording under Section 404 (off-site) to reflect the requirement that the city or the Water Department, whichever applies, act as the agent in the collection of the reimbursement for a developer invested public utility and that the wording similar to paragraph 2 under Section 204.1 be reviewed and included in Section 506 (performance bonds) such that the developer is required to submit a certificate of compliance for review and approval by the City Engineer. The motion was seconded by Mr. Burgess and passed unanimously. Mr. Farrar said that dates for improvements on Williston Road had been inserted in the amendments to the Transportation Chapter of the Master Plan. Mr. Flaherty moved to waive the reading of the proposed amendments to the Transportation Chapter of the Comprehensive Plan. The motion was seconded by Mr. Paulsen and passed unanimously. Mr. Paulsen then moved to accept the amendments to the Transportation Chapter of the Comprehensive Plan dated May 7, 1978 and revised August 7, 1978. The motion was seconded by Mr. Flaherty and passed unanimously. Mr. Farrar moved to dispense with the reading of the changes to the Zoning Ordinance. The motion was seconded by Mr. Burgess and passed with all in favor. Mr. Burgess then moved to adopt the proposed Zoning amendments dated January 4, 1978, revised August 7, 1978. The motion was seconded by Mr. Flaherty and passed unanimously. Finalize motions on Interim Zoning District applications Mr. Paulsen questioned the legality of taking action tonight when the agendas for the meeting had carried the wrong date. Mr. Szymanski said that everyone involved had been called and that at the last meeting it had been announced that action would be taken tonight. Mr. Burgess added that they were no longer taking testimony from the public anyway. Trachte Metal Building - Shelburne Road - Mr. Robert Roesler said that he represented National Life Insurance Co., the owner of the land proposed for this use. He said that the 1973 approval from the Planning Commission on the subdivision of land had required them to put in a frontage road along Shelburne Road with the understanding between them and the city that access to lot 1 would be from that frontage road. He said that National Life had acted in good faith with the city and complied with all the stipulations of Commission approval. He said that they had spent a lot of money building roads to serve the lots and they felt that a stipulation requiring different ingress and egress to lot 1 was unreasonable. He added that the access had Act 250 approval and had been accepted by the State Department of Highways. Mr. Farrar felt the suggested motion of approval and findings of fact were not consistent and that the document should be reconciled. Once that is done, the Council can approve the application at its next meeting. Mr. Roesler felt that access to lots 1,2,4 and the Nordic Toyota lot should be through the existing curb cut on Shelburne Road and the frontage road. Mr. Page pointed out that lot 1 was quite large - 9-10 acres and it had frontage on a city street - Green Mountain Drive. Mr. Roesler said that when National Life had come in for subdivision there had been several plans presented with more curb cuts than this and that this plan represented a compromise with only 2 curb cuts. Mr. Flaherty said that if access were allowed from Shelburne Road, most people would use that and not Green Mountain Drive. Mr. Roesler said that if access from Shelburne Road was denied, the entire application might as well be denied. Mr. Burgess moved to postpone action on this application and to get comments from the City Attorney on the apparent conflict between finding of fact 2 and the lack of a stipulation based on that finding. The motion was seconded by Mr. Paulsen and passed unanimously. Sterling Emerson - Shelburne Road - Mr. Burgess moved that the South Burlington City Council approve the conditional use application of Sterling Emerson, for conversion of an existing dwelling at 1210 Shelburne Road, into a real estate office, as depicted on the plan of record, based on the following findings and subject to the following stipulations: A. Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3, and 4 of section 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the applicant's statement that he will work with the abutting property owner towards sharing a common driveway, and that the proposed use will generate approximated 20 (2 way) vehicle trips per day. B. Stipulations 1. Screening shall be installed along the north property line of land of Wayne F. and Joan P. Wilson of 1200 Shelburne Road and shall be a stockade fence or as mutually agreed upon by the applicant and abuttor. 2. The applicant shall work with the adjoining property owner on sharing the use of a common access to Route 7 when the abutting property is developed. 3. This approval is limited to use as a real estate office only. 4. This approval expires 6 months from this date, (for commencement of this use). The motion was seconded by Mr. Jarvis and passed unanimously. Tracy Gleason - Dorset Street - Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of Tracy Gleason, for conversion of a structure at 700 Dorset Street to use as a music store and residence, as depicted on a plan entitled "Property of Ewing and Gentry, 700 Dorset Street, Revision #2", dated 7/25/78, based on the following findings and subject to the following stipulations: A. Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington, and standards 2 and 4 of section 5 of the Interim Zoning Regulations. 2. With regard to standard #3, environmental limitations of the site, it is prohibitively expensive to connect to the municipal sewer, and the existing septic system is adequate for the anticipated demands from the proposed use. 3. Based on the traffic survey which indicates an average of 22 customers daily, in conjunction with the access plan stipulated, this proposal is consistent with standards 1 and 5. B. Stipulations 1. All existing curb cuts are to he closed and access shall be vis the new entrance located southerly on Dorset Street. 2. This approval expires 6 months, from this date, (for commencement of this use) or whenever the proposed, use is terminated, whichever occurs later. 3. Any change of use or expansion of this use shall be subject to all applicable municipal by laws and regulations then in effect. The motion was seconded by Mr. Jarvis. Mr. Paulsen asked why this property was not being asked to hook to the sewer, particularly since the one across the street had been required to hook up. Mr. Gleason had submitted testimony that to hook up would cost $4-5,000 and the Council felt that figure seemed pretty high. Mr. Flaherty moved to amend his motion to eliminate #2 of the findings, move #3 to #2 and move standard 3 into finding 1 so that it reads "standards 2, 3, and 4 of section 5". The motion was seconded by Mr. Jarvis. Mr. Paulsen then moved that a stipulation #4 be added indicating that the property shall connect to the municipal sewer. Mr. Flaherty seconded the motion, which passed with Mr. Burgess abstaining and Mr. Farrar voting no. The vote on the motion was then taken, and it passed with Mr. Burgess voting no. Arthur Mason and Sharon Woodward - Shelburne Road - Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Arthur Mason and Sharon Woodward, to operate a day care center, in addition to the existing retail business and apartments at 938-950 Shelburne Road, as depicted on a plan entitled "938 and 950 Shelburne Road", dated 6/30/78, based on the following findings and subject to the following stipulations: A. Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 1, 2, 3, 4, and 5 of section 5 of the Interim Zoning Regulations. 2. Screening is necessary to maintain the character of the neighborhood and avoid nuisances. B. Stipulations 1. Fencing acceptable to Michael D. and Lucy B. Samara of 2 Brewer Parkway neighbors shall be erected along the common boundary line. 2. This approval expires 6 months from this date (for commencement of this use). 3. The duration of this approval is 1 year, starting from the commencement of this use. The motion was seconded by Mr. Paulsen and passed unanimously. Discussion of City Manager's recommendations on the payment of invoices Mr. Szymanski said the Councilmen would still sign disbursement orders only sometimes now it would be after the fact. Mr. Burgess moved that the recommendations contained in Bill Szymanski's memo to the City Council dated August 28, 1978 re: disbursement orders be accepted as follows: a. Weekly, as with the City payroll, invoices will also be processed and payments made. b. Council will receive orders which will be dated, indicating the week they were processed. c. Council will continue to receive monthly statements on expenditures and revenues. The motion was seconded by Mr. Jarvis and passed unanimously. The meeting was adjourned at 8:45 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.