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HomeMy WebLinkAboutMinutes - City Council - 07/16/1979CITY COUNCIL JULY 16, 1979 The South Burlington City Council held a meeting on Monday, July 16, 1979 at 8:00 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Michael Flaherty, Vice Chairman; Kenneth Jarvis, William Burgess, Martin Paulsen Member Absent Paul Farrar, Chairman Others Present William Szymanski, City Manager; Gerry Milot, Charles Smith, Arline Barovick, Seth Barovick, Carl Lisman, Snadra Smith, Marietta Chappell, Norm Chappell, Betty and Henry Brunelle, Tony Cairns, John Mitchell, Sylvia Smith, Beulcea Gilmore, Kay Neubert, Robert E. Lee, Donald Crofut, Richard Gracey, Audrey Gracey, Terry Jackson Marshall, Ernest Danis, Rowland Peterson, David Brassard, Gary Farrell, Normand Ramsey, Sonny Audette, Arnold Cohen, James Meunier, Lowell Krassner Minutes of July 2 and 9, 1979 Mr. Burgess moved to approve the July 2 and July 9, 1979 minutes. Mr. Paulsen seconded the motion and all were in favor. Disbursement orders Disbursement orders were signed. Interview applicant for Natural Resources Board, Nancy Crowell Mr. Flaherty asked Ms. Crowell why she wanted to be on the Board. She replied that she cared about the environment and its preservation. She moved to South Burlington recently, although she was educated at the University of Vermont, so is familiar with the area. She said she was interested in the activities of the Natural Resources Board, which she was familiar with through a friend on the Board. She had not attended any of their meetings. She is a teacher and said she had no particular talents in Natural Resources, just an interest. She felt she would have the time to devote to the Board. Reopen public hearing on Interim Zoning application of Norman and Marietta Chappell for the conversion of an existing dwelling to a Real Estate office at 1433 Williston Road due to an error in the warning. Mr. Flaherty stated that the hearing had been closed at the last meeting but that since then it had been discovered that the address in the warning had been printed wrong. It is a city error. Mr. Burgess moved to reopen the public hearing on the Interim Zoning application of Norman and Marietta Chappell for the conversion of an existing dwelling to a real estate office at 1433 Williston Road. Mr. Paulsen seconded the motion and all voted aye. Ms. Neubert said she had a petition with 98 signatures on it in opposition to the proposal. Some petitions have not yet been turned in and she said they had only gotten started because of the heat this last week. She read the petition and submitted it to Council. Mr. Lisman, representing the applicants, said that if the hearing had been reopened to take care of a defect in the warning, it was their position that the petition could not be heard at all. He said the statute required only adjoining property owners to be notified and said there were only 2 for this property. He felt those two owners were the only two that had a concern. Mr. Flaherty said he would get a ruling from the City Attorney on that. Mr. Burgess asked if the applicant would stipulate that the information given at the last hearing be entered into the record and serve as the record for this hearing. Mr. Lisman did not object to that. Mr. Flaherty felt that in fairness the Council should listen to public comments. He felt the Council was a city Board and everyone had the right to speak. He did not think the ordinance said that only adjoining property owners could present information. Mr. Chappell said that he had never had an accident in front of his business and that if there was a hazardous situation there he would correct it. His business has been there 12 years. Mr. Burgess moved to close the public hearing. Mr. Jarvis seconded the motion and all were in favor. Mr. Lisman felt the delay caused by having to rewarn the appeal had not been the applicants' fault and he said it was a hardship on them. Mr. Burgess replied that under the best circumstances the decision would have been made at the next meeting and he suggested the Council make it then, which is August 6. Mr. Flaherty agreed. Public hearings on Interim Zoning applications Champlain Oil, (Hank's U-Save) to expand convenience store sales area of existing gas station at 1300 Williston Road - Mr. John Mitchell represented Champlain Oil and said they wanted to expand the present sales area to include 600 sq. ft. more. Now they carry beer, soda, sandwiches, snacks, milk, bread, eggs and cigarettes. They want to expand to carry a wider line of beverages, including wine, more dairy products and quick purchases (those eaten within 24 hours of purchase). Mr. Mitchell said the main business of the outlet was gas sales and would stay that way. There is parking on the site for 13-14 cars and they average 230-240 cars per day currently. He gave the Council a gas sales volume history. April 1979 is low because the station was closed in the middle of that month for renovations and reopened in June. Average annual volume is 780,000 gallons per year and average daily volume is 2148 gallons. Of the 230 cars per day, Mr. Mitchell said that 210, or 91% bought gas, so only 9% came in only for food. The bays, which are proposed for conversion, are now used mainly for storage. Present retail area is 170-180 sq. it. 600 sq. ft. will be added to that 170-180. Asked about traffic impact, Mr. Mitchell said he did not expect any increase per se. He felt the people who were already in the store would just buy more. He based this statement on experience in other locations. Ms. Diane Geerkin asked if the store would close when the pumps did and was told they do now but that in the future there may be separate store and pump hours. Mr. Burgess asked what the expected traffic from the expansion would be compared to the present traffic and was told it would be about 20 cars per day increase. Mr. Mitchell said, in response to questions from Mr. Burgess, that if they did not have the retail outlet, they would still have the same number of gas customers but that people would stop there for gas and go somewhere else for beer. He felt that one business did not generate traffic for the other. Mr. Burgess asked how the figure of 20 cars per day increase had been arrived at and was told the station can only sell so much gas per year and they correlated that volume to a per day volume. When they sell out of gas, he felt that people would not stop to buy anything else. He said the figure was an educated guess. Mr. Mitchell noted that the business under discussion already exists now and he repeated that he did not think it would generate a lot more cars on the street. Mr. Krassner did not think the store should be open when the pumps were not. Mr. Mitchell did not see a problem with such a stipulation. Mr. Gracey said he owned a convenience store and some pumps on the corner of Williston and Hinesburg Roads. He felt that the city should not allow every service station on Williston Road to become a convenience store also and he felt that the issuance of 2nd class liquor licenses had to be controlled. Mr. Flaherty said the city had received Mr. Gracey's letter. Mr. Gracey also noted that in addition to the 600 sq. ft. proposed for the addition, there would be a 10' x 20' walk-in cooler. Mr. Cairns, representing Champlain Oil, said they did not think every gas station should be a convenience store either, but the business exists at this location and the bays in the station have not been in use for over 2 years and the operator needs extra income. He said that if this application were approved, they probably would not want to have another one across the road. Mr. Burgess moved to close the public hearing. Mr. Paulsen seconded the motion and all were in favor. James Meunier to operate a taxi dispatch office in conjunction with other business use at 10 Patchen Road - Mr. Meunier said the plan was to use the back half of the building in question to dispatch taxis to cover this area, Williston, Kennedy Drive and the airport. Mr. Danis, who is to run the taxis, said that he now runs such a service in Winooski and has tried to rent there but could not find a suitable place. He has 4 cabs now and 1 or 2 would cover this area. Mr. Burgess asked how many trips would be made in and out of the South Burlington location every day but Mr. Danis was not sure. The cabs are radio controlled, so they can be dispatched without returning to the base every trip. This will be a 24 hour operation. Some tools and parts will be stored at this location and there will also be an office here. No repairs will be made at this location. Mr. Danis said he already rented part of the building for storage. People will use the other room in the complex to take naps or drink coffee and it can also be used as a waiting room. Mr. Danis said calls would come in from the area and cabs would be dispatched. They would be dispatched to Winooski from this office also, although those cabs will remain in that city. He said a maximum of 2 taxis would report to and be stored in the Williston Road location. This location would have a maximum of 4 employees in the building at one time - 2 taxi drivers, 1 dispatcher, and Mr. Danis. Mr. Burgess asked how many trips a cab had to make to be profitable and was told it was perhaps 40 per day. He then asked how many times a cab would have to return to this location and Mr. Danis did not have a good answer. He said that if he had to guess he would say 50 trips per day, although he said that he knew that figure was high. Mr. Paulsen moved to close the public hearing and Mr. Jarvis seconded the motion, which passed 4-0. The Partners (Rowland Petersen, Agent) to construct an office building at 1251 Williston Road - Mr. Petersen gave the Council a traffic study for the building. He said it was behind the proposed Midas Muffler shop and was planned to be a 40,000 sq. ft. building. They have been working with the Planning Commission on this land since February and have worked out a road layout so there can eventually be a city street connecting to the 40 acres behind this lot. He said the plans had been approved for water and sewer. Traffic counts were taken for the two office buildings at the corner of Williston Road and Kennedy Drive, since those are 20,000 sq. ft. each, over two days. He said the drive-in bank generated a lot of traffic but they were able to separate cars which were there to bank and those which were there to work. They assumed that 135 of the cars were there the entire day. 30 cars dropped people off and left and picked them up at night. 34 of the cars left and returned during lunchtime. The proposed office has 130 parking spaces, but the lot will adjoin another lot and some people can park there. Mr. Petersen said that they would build the city street to the property and build a temporary turnaround. When the road is extended, the road will be deeded to the city. Mr. Petersen said that they hoped to rent the building to one tenant only and have it all be office space. Mr. Burgess hoped the staff would review this approval carefully because he did not want approval to be taken by the Planning Commission or the developer as a mandate that the road must be specifically as shown. He felt the Council was just approving the concept. He asked that a buffer strip be looked into. Mr. Petersen said they had a verbal agreement with Mr. Pomerleau that they could use his lot for access to Hinesburg Road and he could use theirs for access to the rear of his buildings. Mr. Flaherty asked for a copy of the Commission's approval stipulations on the project. Mr. Krassner felt the building might be too close to the proposed road. He wanted to be sure the setbacks conformed to city zoning. Mr. Burgess felt the Council would be approving the use, not the specific plan. Mr. Paulsen wanted to incorporate as part of the evidence of this hearing the Planning Commission comments on the project. Mr. Paulsen moved to close the public hearing. Mr. Burgess seconded the motion and all voted aye. Normand Ramsey to construct an 18 unit motel at 1108 Williston Road - Mr. Milot represented Mr. Ramsey and said that he owned the Anchorage motel on Dorset Street. This property is next to that of the Holiday Inn and now has a single family dwelling on it. The entrance is 347' from the lights at the Dorset Street - Williston Road intersection. The proposed motel would be stone on the front and clapboard on the sides. 19 parking spaces are provided and the use is in conformance with the BR district. The Fire Chief has recommended some changes and they have been made. Mr. Milot said Land Plan Inc. had done a traffic study for the project and he gave the Council copies of it. Expected are 16 trips 2 times per day from the motel and 75% of the cars will go west in the morning. In the evening the same percentage will come from Burlington and the Interstate and make a left turn into the motel. Mr. Milot said that the person who prepared the report looked at the signal from 4:30 to 6:30 p.m. and noted that there were 40 signal changes per hour, 6 seconds are needed to make the left turn across three lanes of traffic and it was felt by the consultant that 90% of the time a car would have enough time to cross those lanes with one light change, Mr. Milot said. 10% of the time a car would have to wait one light change. Mr. Burgess asked if this meant that 90% of the time traffic would not be backed up in a solid line blocking the entrance to the motel. There was some discussion of this point and Mr. Milot said that the statement only applied to the times the light was red and someone came along and wanted to turn left there. He did not think the motel would have a large impact on traffic. The Council felt it would like to talk to the traffic consultant on this project and Mr. Milot said he would bring him to the next meeting. Mr. Krassner did not like the proposal, particularly when that intersection has just been changed to allow better traffic flow. Mr. Milot felt there was sufficient sewage capacity for the use and Mr. Paulsen asked what the increase in flow would be. Mr. Milot said he would address that for the next meeting. Mr. Szymanski said the city used a figure of 100 gallons per room per day for a motel, for 1800 gallons per day for the use, versus a figure of 300-350 gallons per day for a single family home, as is on the lot now. Mr. Paulsen moved to continue the public hearing until the next regularly scheduled meeting. Mr. Burgess seconded the motion and all were in favor. Hospitality Inns Inc. - Gary Farrell, to convert an existing motel unit to office complex at 870 Williston Road - Mr. Farrell said they wanted to convert the Stowe building to an office use. He felt there would be a decrease in demand for city services because of the change (water and sewer use would decrease, for example). He also said that the use was permitted under the old zoning and there were offices in the city in the same type of zone. He also said the building was existing now and that the change would be subtle. Regarding traffic Mr. Farrell said that Stowe building had 34 rooms and resulted in 34 cars per day coming and going when it was full. If the use is changed, he estimated a figure of 1.6 people per car coming in and they expect to have 35-40 people working in the building. The building would only be occupied during the day and the starting time will begin at 7:30 a.m. and be staggered so it would not coincide with motel traffic, where the exiting peak hour is around 8:00 a.m. Evening hours will also be staggered in the same way, and will involve people leaving around 4:30 p.m. There will be no weekend or holiday traffic from this use. There will be only one tenant and the staggered hours have already been agreed to. Mr. Farrell said this was only to be a temporary situation. No major renovations will be made. He expected the use to last 9 months but said the maximum would probably be 18 months. Mr. Farrell said there would be some visitors to the office but not many, perhaps 6-8 cars per day. Mr. Krassner asked whether, if the approval was granted, the use could revert to a motel and then in the future become an office again. It was also asked whether another application would have to be submitted to change the use back to a motel and Mr. Flaherty said those questions would be asked of the City Attorney. Mr. Burgess also wanted to hear from the Attorney what a multiple use permit implied for the building. Mr. Jarvis moved to close the public hearing and add any pertinent comments from the City Attorney to the record, although they were not included at this hearing. Mr. Burgess seconded the motion and all were in favor. Review additional data and formulate action and stipulations on the following closed public hearings Terry Jackson Marshall for an antique business in conjunction with a residential complex at 1475 Shelburne Road Mr. Jarvis moved to advise the staff to prepare a motion of approval, in that it conforms to the present Interim Zoning Regulations, for Terry Jackson Marshall for an antique business in conjunction with a residential complex at 1475 Shelburne Road. Mr. Burgess seconded the motion and all were in favor. Ms. Marshall said that if she were not allowed to open up the new part of the business until the next regularly scheduled meeting of the Council, she would have a real financial hardship. She is paying rent on the new area and is losing the part of the year when she does her best business. Mr. Szymanski said he did not see any problems with the application. Mr. Paulsen moved to approve the application of Terry Jackson Marshall subject to the conditions that will be prepared by the staff, and that the conditions, if any, will be incorporated into the approval. Mr. Jarvis seconded the motion and it passed 4-0. Brick Oven Restaurant, Arnold Cohen, Agent to convert an existing pizza parlor into a restaurant and lounge at 1653 Williston Road - Mr. Burgess noted that the proposed use seemed to have less potential for annoying the neighbors and the potential traffic impact was less than the present use. Mr. Burgess asked that the Planner look at the plan. Mr. Burgess moved that the staff prepare a motion of approval for the Brick Oven Restaurant. Arnold Cohen, Agent. Mr. Jarvis seconded the motion and all were in favor. Roland and Evangeline Des Lauriers for office buildings at 345 Dorset Street - Mr. Jarvis moved to instruct the staff to draft a motion of approval for the application of Roland and Evangeline Des Lauriers for office buildings at 345 Dorset Street. Mr. Paulsen seconded the motion and it passed 4-0. Formal action on staff prepared motions for Interim Zoning Applications South Burlington Realty for multiple use of existing building at 364 Dorset Street - Mr. Burgess moved that the South Burlington City Council approve the conditional use application of South Burlington Realty Corporation. 364 Dorset Street allowing for multiple uses (wholesale-retail paint store and a printing service) according to the proposal of record, based on the following findings and subject to the following stipulations: 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 evidence submitted by the applicant and the traffic consultant Bruce Houghton. Stipulations 1. The parking area along the north side must be utilized and that a letter of consent from the adjacent owner be submitted. 2. That the area along the north side be blacktop and striped. 3. That a direction sign be mounted on the chain link fence located on the south side in accordance with the City's sign regulations. 4. That this application be reviewed in six (6) months, with a condition that if needed the area to the rear of the building be blacktop and striped. 5. That any other use proposed for the building in the future be approved by the City. Mr. Paulsen seconded the motion and it passed 4-0. Champlain Water District for expansion of water treatment plant on Queen City Park Road – Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Champlain Water District, 403 Queen City Park Road allowing for the construction of an addition 58' x 96' to the existing water treatment facility, according to the proposal of record, based on the following 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 evidence submitted by the applicant and the fact that the proposed addition will not be located in that area affected by the Southern Connector, which has been verified by the State Highway Department. Mr. Paulsen seconded the motion and all were in favor. Peter ValPreda (Sears Rent-a-Car) to operate a car rental business at 1048 Shelburne Road – Mr. Flaherty noted that the School Department had not seen any problem with the proposed use. Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Peter ValPreda allowing for the operating of a rent-a-car agency from an existing dwelling located at 1048 Shelburne Road, according to the proposal of record, based on the following 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 evidence regarding traffic submitted by the applicant. Stipulation 1. Approval is subject to site plan review by the Planning Commission. Mr. Paulsen seconded the motion and it passed 4-0. Tin Lizzy Leasing Inc. for a multiple use at 1880 Shelburne Road - Mr. Paulsen moved that the South Burlington City Council approve the conditional use application of the Tin Lizzy Leasing Inc., Mr. Laurence Leveille, 1880 Shelburne Road allowing for the operating of a rent-a-car agency in conjunction with a muffler repair business, at 1880 Shelburne Road, according to the proposal of record, based on the following 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 evidence submitted by the applicant. Stipulation 1. That there be no more than ten (10) vehicles on display at any one time and that there be a suitable right-of-way maintained for the residential unit located in the rear of Regal Muffler. Mr. Jarvis seconded the motion and all voted aye. Consider waiver of permit fee for Champlain Water District expansion on Queen City Park Road Mr. Flaherty said the city had received a formal request for a waiver of the fee since the District is part of the city and therefore would be paying itself. Mr. Szymanski said the fee would be about $1800. Mr. Jarvis noted that the city already carried part of CWD in that their land was not taxed. Mr. Burgess noted that whatever burden CWD imposed, it imposed on South Burlington and that if the fee were not waived, at least part of the burden would be spread among the member communities. Mr. Paulsen moved to waive the permit fee for Champlain Water District for expansion of the filtration plant at Queen City Park Road. Mr. Jarvis seconded the motion and all voted aye. Sign Ambulance Service agreement Mr. Szymanski said the agreement would extend to 1982. Mr. Jarvis moved to sign the ambulance service agreement with the City of Burlington. Mr. Burgess seconded the motion and it passed unanimously. Sign Visiting Nurse Association contract Mr. Burgess moved to authorize the City Manager to sign the Visiting Nurse Association contract. Mr. Paulsen seconded and all were in favor. Review Recreation Chapter draft for Master Plan Mr. Flaherty said this item had been postponed. Mr. Burgess was concerned about falling behind in the review and suggested setting a particular meeting to go through the drafts waiting for Council review. There are 3-4 waiting. It was decided to meet July 30 at 7:30 p.m. to review the Master Plan drafts, only. Review Zoning Board agenda There were no comments. Old Business There was none. The meeting was adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.