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HomeMy WebLinkAboutMinutes - City Council - 04/02/1979CITY COUNCIL APRIL 2, 1979 The South Burlington City Council held a meeting on Monday, April 2, 1979 at 7:00 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, William Burgess, Kenneth Jarvis, Martin Paulsen Others Present William Szymanski, City Manager; Edmund Chastenay, Andy Potter, WCAX; Jean Cochran, WJOY; John Larkin, Gerald Milot, Claude Gagne, Edward Cashman, Thomas Coburn, Richard Feeley, Eirwin Valgoi, Frank Mazur. Agenda Additions There were no objections, so the following items were added to the agenda: 1. Discuss the traffic signal at University Mall 2. Discuss what has been done in regard to the Sign Ordinance 3. Discuss possible action on a letter to the House Transportation Committee on the 10 year Transportation Plan 4. Add a discussion of a request for a conditional use under Interim Zoning for Edmund Chastenay. This request has been duly warned for tonight but was omitted from the agenda. Minutes of March 12, 13, 15, 19, and 22, 1979 Mr. Flaherty moved to approve the minutes as printed for the meetings of March 12, 13, 15, 19, and 22, 1979. The motion was seconded by Mr. Burgess and passed with all in favor. Disbursement orders Disbursement orders were signed. Act on the following Interim Zoning Applications Claude Gagne and Gerald Milot for two office buildings on Kennedy Drive - Mr. Farrar said the city had received a letter from an adjacent property owner who was not present at the previous hearings on the application. He noted that the hearing had been closed and asked the members if they wished to reopen the hearing to hear the letter. Mr. Paulsen moved to reopen the public hearing on the application in order to receive the additional information. Mr. Flaherty seconded the motion and it passed unanimously. Mr. Farrar read the letter, which was from Peter Judge, developer of the Treetops Condominium project next to this land. The letter stated that because of the proposed plan several of the people who had intended to buy units bordering on the office building land were considering terminating their sales agreements. These people do not like the use of the land nor the proximity of the buildings to their units. Mr. Judge indicated that Treetops would suffer economically if the sales agreements are terminated. Mr. Ed Cashman said he represented Messrs. Milot and Gagne and that they would like to object to reopening the hearing. Mr. Farrar said he wished they had objected before the vote was taken. Mr. Cashman felt that the hearing had been warned and that if Mr. Judge had wanted to object, he had had two opportunities to do so. He said the hearing had been closed on March 15 and that the applicants' position was that the rule requiring a decision within 45 days of that date was in force still and that the 45 days were running. He did not question the right of the Council to reopen the hearing, he said. Mr. Milot felt that the people thinking about terminating their sales agreements had thought the land behind them would be open and that it was any development, not specifically the office use, that bothered them. He felt that if Mr. Judge had wanted a buffer, he should have put one in. Mr. Burgess moved to close the public hearing, and Mr. Jarvis seconded. The motion passed 5-0. Mr. Jarvis then moved that the South Burlington City Council approve the conditional use application of Claude Gagne and Gerald Milot. 159 Pearl Street. Essex Junction, Vermont allowing for construction of two (2) office buildings on Kennedy Drive, containing 19,200 square feet per building, according to the proposal of record, based on the following findings and subject to the following stipulations: Findings The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2 and 3 of Section 5 of the Interim Zoning Regulations. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant, that traffic generated by the proposed use would be less than a residential use. Stipulations 1. That this office complex conform to the City Subdivision Regulations. 2. That the office hours of each building be staggered in order to provide a lesser peak hour traffic impact. 3. That building #2 be moved westerly ten to fifteen feet to allow for additional clearance between the existing residential development. 4. That the parking spaces within the easterly fifteen foot setback line be eliminated or relocated. 5. That this complex be served by municipal sewer and water facilities. 6. That this approval is limited to the use proposed and shall expire six months from this date (for commencement of this use). Mr. Paulsen seconded the motion, and the following amendments were made: 1. That the words "at least" be added to stipulation #3 after the word "westerly" and that the words "to fifteen" be removed. 2. That the following stipulations be added: 7. That the existing tress on the northwest property line separating this development from the Treetops Condominium development be preserved wherever possible, in spaces not planned for the parking lot. 8. That building #1 be built first. 9. That construction of the second building commence by April 3, 1984. Mr. Burgess made the above amendments and Mr. Paulsen seconded them. The amendments were approved unanimously. The vote on the motion as amended was 4 yes votes and 1 no. Mr. Flaherty voted no. Larkin - Tarrant development on south side of Kennedy Drive - Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of John Larkin and Richard Tarrant of 1185 Shelburne Road. South Burlington. Vermont allowing for the construction of seventeen (17) residential units on Kennedy Drive, according to the proposal of record, based on the following findings and subject to the following stipulations: Findings 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. The area was zoned for the proposed use under the 1974 regulations. The proposed use is consistent with standards 1 and 5 based on the evidence presented by the applicant. Stipulations 1. That this residential complex conform to the City Subdivision Regulations. 2. That this complex be served by municipal sewer and water facilities. 3. That this approval is limited to the use proposed and shall expire six months from this date (for commencement of this use). The motion was seconded by Mr. Jarvis and passed with all voting aye. Coburn-Feeley and Robert Cooper for office building at 1775 Shelburne Rd. Mr. Farrar said the hearing had been kept open so the applicants would have a chance to comment on the letter sent by the State regarding this land and the route of the Southern Connector. That letter stated that this building would be in the right of way of the road or of any of the interchange patterns now under consideration. Mr. Coburn said they had talked to the State about the road and had been told that to move the road to avoid this building would involve taking someone else's land but they had not been told it could not be done. They are not sure at the State level exactly where the road will go at this point. Mr. Feeley read a letter he had received from the State and said he would give a copy to the city so it could be part of the record of this application. Mr. Feeley said they had bought the land in mid-December of 1978 and that they had known of Interim Zoning in the city and of the possible road in the area, but he said they had seen plans where the road did not go through this land. Mr. Farrar said he would like to see that information and was told that Mr. Feeley thought it was part of a west of the tracks alternate, which the citizens committee on the road has eliminated since they prefer that an east of the tracks alternate be chosen. Mr. Feeley said the State had told him that the road will go through his land but they do not know how much land it will take because they do not have maps to scale yet. Mr. Flaherty moved to close the public hearing. The motion was seconded by Mr. Burgess and all members voted yes. Edmund Chastenay for wholesale - retail auto parts business and warehouse Mr. Chastenay said the building had been by NorCo for the same type of use last year and there was no problem with traffic at that time. There are entrances on White Street and Williston Road for the lot and there is a lot of room for parking. The building is vacant now and has been used by NorCo only for storage for over six months, although their lease ran out only on March 1 of this year. Hagar Hardware wants to go into the building and do the same type of business NorCo did. They will not sell hardware. It will be strictly an auto parts store, selling parts retail and wholesale. There will be no service or repair business. Hagar may not sell tires, as NorCo did, and they will do nothing NorCo did not do. Mr. Valgoi, owner of the adjacent Swiss Host motel, asked what the hours for the business would be. Mr. Chastenay said he would get that information and give it to the city. Mr. Valgoi said that he would not like to have the building open late at night or before 9:00 in the morning. Mr. Paulsen moved to close the public hearing. Mr. Flaherty seconded the motion and it passed with all in favor. Report from Chittenden County Transit Authority representative Mr. Mazur Mr. Mazur presented a report to the Council (see attached copy) regarding possible tax incentives for regular riders of the busses. He said he would like to have the Council's reaction to the plan. He went through the report and he and the Council discussed this plan and others. Mr. Flaherty moved that the Council favors the concept of tax incentives for regular ridership on locally subsidized transit systems. Mr. Burgess seconded the motion and it passed 5-0. Consider items for referendum at the May elections Purchase land at corner of White Street and Williston Road - The Council decided not to put this item back on the ballot in May. Purchase hardware to increase computer capacity - Mr. Szymanski said that the capacity of the computer could be tripled if the city bought some new equipment for it. They would pay $14,000 for it, but the school cannot afford to help the city at all with the cost right now. Mr. Farrar noted that 3 of the Council members had possible conflicts of interest on the issue and would not take part in the decision process. The Council decided to put this in a budget rather than put it up for a vote. Meet to sign warning for a Annual Meeting It was decided to meet on April 9 at 5:15 p.m. to sign the warning for a Annual Meeting. Sign highway milage certificate Mr. Flaherty moved to sign the highway milage certificate. The motion was seconded by Mr. Jarvis and carried 5-0. Sign certificate for opening for public travel on Kimball Avenue Mr. Flaherty moved to sign the certificate for opening for public travel on Kimball Avenue. Mr. Paulsen seconded the motion, which passed unanimously. Review Planning and Zoning agendas There were no comments. Discuss traffic signal at University Mall Mr. Szymanski said the poles were up and that the lights were to have been put up today but could not be because of the rain. Mr. Paulsen felt the Mall should not be open for business until the lights were up and working. Report on Sign Ordinance Mr. Szymanski said he would have a report for the Council on this item at the next meeting. Letter to the House Transportation Committee Mr. Flaherty moved to empower the Council Chairman to write a letter including the addition of the Essex By-pass in the 10 year Transportation Plan and also to ask them to include in the Plan the projects South Burlington has on the schedule the city has set for them. The motion was seconded by Mr. Jarvis and passed without dissent. The meeting was adjourned at 9:20 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.