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HomeMy WebLinkAboutMinutes - City Council - 09/04/1979CITY COUNCIL SEPTEMBER 4, 1979 The South Burlington City Council held a meeting on Tues., September 4, 1979 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; William Burgess, Kenneth Jarvis, Martin Paulsen Member Absent Michael Flaherty Others Present William Szymanski, City Manager; Delia O'Dwyer, John Secor, Edward Gurowitz, Ernest Cauchon, Rob Eley, Don Cobb, Kathy O'Malley, Walt Levering, Paul Graves, James McGee, Sandy Kleppinger, Edwin Sanborn, James W. Goddette, Charles Batchelder, Robert Maritano, Ernest Levesque, Steven Bushey, Jay White, Harold and Blanche Abrams, Norman and Sheila Brochu, Tom Unsworth, John Crabbe, Jr., Fred Fayette, Jr., James Lamphere, Fred Blaise, Arthur Johnson, John Prouty, Rene and Linda LaBerge, Clarence Morris, Lowell Krassner, Merrill Jarvis, Peter Matta, Peter Collins Minutes of August 20, 1979 On page 4, in the second full paragraph, it should read that the other homeowners on the street wish to buy more land, but they do not have options. Mr. Burgess moved to approve the August 20, 1979 minutes as corrected. Mr. Faulsen seconded the motion and all voted aye. Disbursement orders There were no disbursement orders. Interview Mr. Jay White for Zoning Board of Adjustment vacancy Mr. White was asked if he was familiar with the Zoning Ordinance and he replied that he was not. Mr. Farrar explained the duties of the Zoning Board to him and Mr. White wondered why the Board and the Planning Commission were separate. He is an architect and lives in the city, although he works in Waitsfield. He is interested in serving the city and hopes to influence the development of the area. He noted that the meeting time of the Board might be a problem and stated that he might be more suited to serving on the Planning Commission. Mr. Farrar stated that the Council had received a letter from Mr. John Dinklage indicating that he would be interested in serving on the Board. He read the letter, which outlined Mr. Dinklage's involvement in affairs of the city in past years. Interview Mr. Edwin Sanborn for Fire Department Advisory Board vacancy Mr. Sanborn said he was familiar with the basic duties of the Board and said he had had 17 years experience with the Burlington Auxiliary-Fire Department. He has lived in the city for 9 years and is a native Vermonter. He would like to continue the good reputation of the Fire Department and said the meeting schedule was not a problem. Continue public hearing for Norman Ramsey to construct an 18 unit motel at 1108 Williston Road Mr. James McGee represented Mr. Ramsey and said that the plan had been changed so that large trucks would be able to enter and park adequately. He has talked to the Fire Chief about the plan. Cars will be parked close to the building so fire equipment will have enough room to move around on the site. Mr. Goddette, Fire Chief, said that having the cars close to the building would present some problems, but not as many as if the trucks would have to be close to the building during a fire. Another fire hydrant will also be put in at the rear of the lot for better fire protection and the building will have sprinklers and an alarm tied to the fire station. He stated that the only reason the department could handle a fire in this location given the size of the building and lot is because of the alarm and the sprinklers. Mr. Burgess said that he understood that this new plan was better than the old one, but he asked whether, regardless of what changes have been made, the situation was satisfactory and adequate. Mr. Goddette replied that given the size of the building and the size of the lot he would prefer not to see the building there, because of the size of the lot, but he said he could live with the plan. He said it was not as good as he would like, but he felt he could give good service. Mr. McGee said that his traffic consultant had talked to the city's consultant and given him his report and the data gathered. Mr. Farrar said the Council had a note from Mr. Houghton, the city's consultant, saying that he had started his review of the initial data and the addendum and that he felt the data was not conclusive and that the project would have an adverse impact on Williston Road. He requests more time to discuss the data with the applicant's consultants. This data refers to the question of cars trying to turn into this project backing up traffic on Williston Road. Mr. Goddette added that he felt there might be problems with fire protection if large trucks parked at this motel because then the department might have to fight the fire from Williston Road. Mr. Ernest Levesque, speaking as a citizen, said this was a non-conforming project and he did not see any hardship here, where the owner just wants to make some money. He felt the city should take some initiative and do something to improve Williston Road instead of returning a lot of money to the taxpayers. He also asked that the Council consider design control in the city. Mr. Graves, an adjoining property owner, said that he had some comments but that he would voice them at the next meeting, since it appeared that this meeting would be continued. Mr. Burgess moved to continue the public hearing on the application of Norman Ramsey for an 18 unit motel at 1108 Williston Road until the next regularly scheduled meeting. Mr. Paulsen seconded the motion and it carried 4-0. Additional information will be presented at the next meeting. Public hearings on Interim Zoning Applications Arthur and Moira Johnson to construct an indoor recreation facility on the southeast corner of Dorset Street and Kennedy Drive Mr. Johnson said that the request was for a change in zone so that a recreation facility could be constructed on the site. Presently there is a house there. The Dorset St. curb cut would be closed and the Kennedy Drive one would be opened at a point beyond the island in that street. 44 parking spaces are shown. Mr. Johnson said there would be 10 courts in the building and that it would be open from 6 am to midnight. People will come and go during these hours, because the courts are reserved for 1/2 hour and 1 hour periods. Mr. Johnson said the peak times would probably be in the morning and the evening, with some people coming in at noon. He felt that during the peak roadway hours, business at the club would be very slow, and would pick up from 7 pm on. He did not anticipate a traffic problem. Mr. Farrar said 4 people could use a court and there were 10 courts, so the worst case would be 40 people coming and going. Mr. Johnson said that was correct, but did not feel that would happen, based on past experience. He also noted that people usually came before the game and stayed after it. Mr. Farrar said that if 1 hour was required to play, the maximum traffic expected would be 40 cars per hour. Mr. Farrar asked Mr. Johnson why the land could not be developed in line with the previous zoning. Mr. Johnson said a residential use would not be bad, but pointed out that a 100' setback was required from Potash Brook. He did not think residential was the best use for the land and was not sure it was realistic to expect that use there. Mr. Johnson showed a cross section of the building and said that if there were to be a tournament, there was lots of parking across the street at the high school. He has talked to high school officials about that. Mr. Paulsen asked to see a cross section showing relative elevations of the street and the building. He wanted to know what a car travelling on the streets would see of the building. Mr. Johnson said there would be a lot of landscaping around the lot. Mr. Krassner asked about filling in the CO zone and was told none was proposed and that when digging was done, that material would be disposed of off-site. Mr. Farrar asked for Mr. Houghton's comments on the impact of 40 cars per hour, at the peak times on Kennedy and Dorset. He also asked that the Fire Chief look at the plan for fire protection. Mr. Burgess asked for Mr. Houghton's opinion on the traffic, also. Mr. Burgess moved to continue the public hearing until the next regularly scheduled meeting and receive the information requested. Mr. Jarvis seconded the motion and it carried unanimously. Merchants Bank to enclose existing open porch and install ATM Teller System at branch located in Shelburne Road Plaza Mr. Ernest Cauchon said they would like to enclose the porch and install an ATM to take the burden of traffic off the rush-hour peaks. He said they had enough parking and he did not think it would affect the area. He said the national average was 5.5 transactions per hour on a 24 hour basis 365 days a year. Mr. Burgess asked traffic consultant Bruce Houghton for his opinion on this request also. Mr. Farrar wanted to direct Mr. Houghton to use the same data he has used for two similar previous requests to evaluate this impact. Mr. Paulsen asked for present traffic information and was told that every day the figures were different but on Saturday from 9-12, there were 132 cars at the drive-in. On Friday from 8:15-6:00, there were 165 cars. The ATM should spread the traffic load out over the day. Asked to give the Council figures on what traffic might be with the new facility, Mr. Cauchon said he would only be guessing. Mr. Paulsen wanted to see the traffic counts for every day of the week. Mr. Farrar asked if there were any objection to entering into the record the information gathered on the Howard Bank proposal and there was no objection. Mr. Levesque and Ms. Kleppinger noted that when the present facility was given approval 4 1/2 years ago, it had been stated that the building would be temporary. They did not feel permanent additions should be made to it. Mr. Cauchon said the permit was permanent and Mr. Farrar asked that the records be checked on the point. If true, Mr. Krassner also objected to the additions to the structure. Mr. Burgess asked that the Council be told whether the bank was a conditional use. He also asked the City Attorney to check the record regarding the "temporary" nature of the building. Mr. Paulsen moved to continue the hearing until the next regularly scheduled meeting and receive the information requested. Mr. Burgess seconded the motion and all voted aye. Merchants Bank to construct addition to front of existing building and install ATM Teller System at branch located at 50 White Street Mr. Cauchon said that this proposal was to construct an 8' x 5' glass enclosure as a shelter for people using the ATM. He noted that the insurance company, previously the bank's tenant in the building, had moved out and would not be replaced. That means 25-30 cars per day which will no longer be coming to the building. Mr. Cauchon said the ATM would spread traffic over a 24 hour period and he mentioned the national average of transactions with ATMs. He said this location had about 165-170 cars on Friday and 125-140 on Saturday. The enclosure will extend 5' towards the road and will be on the front of the building for security purposes. Mr. Lowell Krassner did not like the fact that the enclosure would extend into the front yard setback, but Mr. Cauchon said that the machine could not be placed so that it did not extend into the setback, because the back of the machine took up so much room. There was no objection from anyone present to including data gathered from the Howard Bank request in the record of this hearing. Mr. Paulsen moved to continue the hearing until the next regularly scheduled meeting and receive the information requested. Mr. Burgess seconded and the motion carried 4-0. Ray Pecor to construct building and occupy as a rent-a-car agency in conjunction with car wash facility at 1700 Williston Road Mr. Farrar said the applicant had asked that this item be tabled until the next meeting because of a substantial change in the plan. He noted that if the change was really substantial, the appeal might have to be rewarned. Mr. Jarvis moved to table this appeal until the next regularly scheduled meeting. Mr. Paulsen seconded the motion and it carried unanimously. Harold Abrams and Sheila Brochu to operate a piano-organ business from existing structure at 1260 Williston Road Ms. Brochu said she would like to buy the Williston Road Pharmacy and operate a piano-organ business from it. She said she would not change the building and she stated that she knew the lot was non-conforming, so any changes she desired to make would need a variance from the Zoning Board. Ms. Brochu has worked in a similar business for 5 years on Pearl St. in Essex Junction and during that time she has never seen more than 4-5 cars at the building at one time. This includes her car and that of a student. This lot has limited parking, but she could construct more parking in the rear. She did not think the traffic flow would be more than is there now. She would do some landscaping and work on the outside of the building. Ms. Brochu mentioned the fact that many cars go across this lot to get to White Street without having to go back to Williston Road and she was told the city would like to keep it that way. Mr. Abrams said the pharmacy had perhaps 15-20 cars per hour and Ms. Brochu felt that based on past experience, the new store might have 12 cars per day. Mr. Farrar asked if the applicant would be willing to have the Council incorporate into any approval some provision that all the parking spaces required not be provided now. If required later, they could be put in later. Ms. Brochu agreed to that. Mr. Farrar mentioned asking the staff if this was a reasonable approach. The city could later require the rest of the spaces. Mr. Paulsen moved to close the public hearing and Mr. Burgess seconded. Ms. Brochu said there would be no sales of records or tapes, although she might have some sheet music. The motion carried without dissent. Vermont National Bank to convert existing two story dwelling into bank facility with drive-in to north side at 1117 Shelburne Road Mr. James Lamphere said the structure was the Fayette home on Shelburne Road. It is 118' from the street. The proposal is to put two drive-in windows where the garage is now. There will also be a by-pass around the windows. Some landscaping will be done but the architecture of the home will not change except for removal of a sunporch. 12 cars can stack in the lanes for the windows and there will be 15 parking spaces. Mr. Lamphere expected 50-100 vehicles per day and said that about 20 of them would come during peak hours (pm). The bank will be open 8-5 and possibly until 6 or 7 one night. He did not think they would add much to traffic flow, just take cars from what is already there. They will not be open Saturday morning at this time. Mr. Szymanski asked if the building would be rented and was told that was not intended at this time. Mr. Farrar asked that the Fire Chief review the plans. Mr. Fred Fayette, Jr. said he had some concerns about the plan. He owns the adjacent property and said there was much undeveloped land in the area. He was not sure this kind of traffic generator was appropriate for the area and said that he had lived in the home and knew it was hard to get in and out of sometimes. He asked the Council to look carefully at the proposal and noted that other land in the area would be developed sometime. Mr. Krassner was concerned about left turns for the bank and Mr. Farrar said the city's traffic consultant, Bruce Houghton, would be asked for an opinion on whether the proposed use is compatible with the present traffic. Mr. Paulsen asked how far north the traffic light was and was told 200-250'. A bank representative said they had 21 locations and did not create any traffic problems in any of them. Mr. Paulsen moved to continue the hearing until the next regularly scheduled meeting and to ask Mr. Houghton to review the traffic data and prepare any recommendations or stipulations that he feels might be imposed. The Council would also like the Fire Chief to look at the plans. Mr. Jarvis seconded the motion and it passed unanimously. Merrill Jarvis to construct two additional theatres to existing theatre-restaurant at 1214 Williston Road Mr. Peter Collins represented Mr. Jarvis and said that in addition to adding the two new theatres, more parking would be provided for the new crowd. He said the plan shown the Council was not correct - the strip of parking shown behind Vallenti's Printing has been omitted from the plan now. The proposed new parking will be around Vallenti's and at the south property line of the LaBerges. Mr. Collins said that 1 parking space was required for every 4 fixed seats at a theatre and that 400 new seats would be added, which will require 100 spaces. At the present time they have 97 spaces in the front, 36 in the back, and they also park around Dunkin' Donuts, Vallenti, El Zorro, etc., giving them enough parking. Mr. Burgess questioned Mr. Collins' statement that they have enough parking, since he pointed out that cars park around these other businesses. He felt the theatre parking lot was more than full. Mr. Collins said Mr. Jarvis had agreements with other businesses in the area regarding parking in their lots. Mr. Burgess felt the parking lot was short of spaces. Mr. Collins said the present theatres seat 615, and that with 288 spaces, they have enough space to seat 1152. This figure is derived from parking available around Gardenway, Vallenti, etc. On the lot the theatre occupies, there are 97 spaces in front, 36 in back, 21 around Dunkin' Donuts, and 7 for El Zorro. Both of these businesses are on Mr. Jarvis' lot. Mr. Robert Maritano, co-owner of the Sizzling Steak restaurant, said that they were a tenant of Mr. Jarvis and that no parking had been allocated to their restaurant in this count. Under the lease, he said, they were supposed to have adequate parking, and from Mr. Collins' statement, they now had no parking. Mr. Burgess said that with 161 spaces on the Jarvis lot, they could park the people from the 615 theatre seats, but that did not include parking for the other businesses on the lot. Mr. Collins said that might be true if the other businesses were open when the theatre is. Mr. Burgess said they were. Mr. Collins said he was referring to GardenWay, Vallenti, and the Ski Shop, with whom Mr. Jarvis has parking agreements. Mr. Farrar said the Council would have to see those agreements, since any agreement the Council would be willing to consider would have to limit the hours of operation of the businesses involved or their successors. If the agreementd did not do that, Mr. Jarvis would have to have more land for parking if it were required later. Mr. Collins said the show hours would be staggered for better traffic flow. They would be 15-20 minutes apart. Mr. Farrar asked to see a better breakdown of parking requirements for the theatre and the other businesses on the same lot. Mr. Burgess felt that when Dunkin' Donuts was built, for example, they had constructed some parking spaces and those were theirs and could not be used in the theatre count. Fire Chief Godette felt that the water main to this property should be upgraded and a hydrant put in to take care of the buildings already there. He said there was a water pressure problem in that area and that if new buildings were to be added there should be a new main and hydrant. He also stated that he had had minor problems with getting fire trucks in there because of the number of cars on the lot. He also said sometimes the fire lanes were not maintained. Mr. Lowell Krassner felt parking was inadequate on the lot and that circulation was terrible, resulting in spillage of cars onto Williston Road. Mr. Collins felt the staggering of movie times would alleviate the flow problems by not having all the cars come and go at one time. Mr. Krassner felt that the figure of one space for every 4 seats was low and he wondered if that could be modified under Interim Zoning. Mr. Collins said that it was the applicants position that with the staggered times, the impact would not be different than what it is now on Williston Road. What he meant was that during a similar block of time there will not be any more turning movements than there are now. They will be spread out over a longer time. Mr. Burgess asked if what he meant was that the peak times will not be worse, but between what are peaks now, new ones will be created. Mr. Farrar asked whether, at certain periods there would not be more cars, but more cars would be added at the times between those periods. Mr. Collins said that theatre traffic would occur in the evening, after the peak road hours. Mr. Merrill Jarvis said that an average taken over a year showed 85 cars on the lot per evening. With the staggering of shows 15 minutes apart, if the shows began at 6:45, there would be 50 cars coming in then. There would be 50 also at 7:00, 37 (because of the smaller theatre) at 7:15, 63 at 7:30, and 47 at 7:45. Asked how long a break their is between shows, he said it could be from 15 minutes to 1 hour'. Mr. Jarvis said they planned to put up signs to direct people out the Tower's curb cut, with Mr. Matta's approval. Mr. Paulsen moved to continue the hearing to the next meeting at which time the applicant will detail how to solve the parking problem and what form any parking agreements with the neighbors may take. The Council also requests Bruce Houghton to review traffic as far as Williston Road and asks the Fire Chief to review the layout for adequacy of fire protection. Mr. Burgess seconded the motion and all voted aye. Review draft of proposed on-site sewage disposal ordinance (if time permits) Time did not permit this issue to be discussed. Mr. Paulsen asked that the ordinance be submitted to the Commissioner of Health. Review Planning Commission and Zoning Board agendas There were no comments. Old business There was none. Consider going into Executive Session to discuss personnel for appointment to Zoning Board and Fire Department Advisory Board Mr. Burgess moved to go into Executive Session to discuss personnel for appointment to Zoning Board and Fire Department Advisory Board and to reconvene after the Executive Session as the regular Council only to consider making appointments if we decide to do so. Mr. Paulsen seconded the motion and all voted yes. Reconvene Regular Session and consider making appointments to Zoning Board and Fire Department Advisory Board When the Council reconvened, Mr. Paulsen moved to appoint John Dinklage to the Zoning Board of Adjustment to fill the unexpired term of William Spignesi. Mr. Burgess seconded and all voted aye. Mr. Burgess then moved to appoint Edwin Sanborn to fill the vacancy on the Fire Department Advisory Board. Mr. Paulsen seconded the motion and it carried 4-0. The meeting was adjourned at 10:10 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.