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HomeMy WebLinkAboutMinutes - City Council - 04/28/1980CITY COUNCIL APRIL 28, 1980 The South Burlington City Council held a special meeting on Monday, April 28, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Kenneth Jervis, Martin Paulsen, William Burgess Members Absent Michael Flaherty Others Present William Szymanski, City Manager; Albert Audette, Erika Valgoi, Matthew Katz, Douglas Schner, Leo O'Brien, Ronald Schmucker, David Kirk, Lowell Krassner, Steve Page Minutes of April 21, 1980 It was noted that the Milot hearing had been closed, so the motion on page 3 should be to continue the discussion, not the hearing. Mr. Jarvis moved to approve the April 21, 1980 minutes with the above correction, and Mr. Burgess seconded the motion, which carried without dissent. Disbursement orders Disbursement orders were signed. Continue public hearing on proposed C1/C2 amendments to the Zoning Regulations Mr. Szymanski gave copies of the amendments to anyone who wanted them. Mr. Jarvis said that at the last meeting he had thought that Business Park North had received all its approvals and had since learned that it only had subdivision, not use approval. Mr. Schmucker responded that there was no formal way at that level to obtain use approval, but in this case because the O'Briens knew who they were selling that lot to, they told the Planning Commission it was the Merchants Bank. Once the Commission knew that, he said, they asked about it and about its traffic patterns. Mr. Schmucker said that 50% of the traffic process had been devoted to lot 7. Mr. Schmucker said that he had formulated a contrary opinion to that of the City Attorney on this issue and he gave the members copies of the law cited by the Attorney. Subdivision approval for Business Park North was granted in May of 1978. Mr. Farrar saw no difference between the law given out by Mr. Schmucker and the letter from the Attorney, but Mr. Schmucker felt that the Attorney was taking an extreme view and that there was other law with another point of view. He said no Vermont law prevented the Council from doing what he was asking them to do. He gave the Council members copies of a statement by which they could grandfather the subdivision. Mr. Burgess noted that the bank had had two years to obtain use approval, but Mr. Schmucker replied that the subdivision had been restricted to selling over a four year period. He said he was not telling the Council that they had to consider Business Park North vested, but he felt there were circumstances which made the subdivision an exception. He did not see a public interest which would be served by not grandfathering the subdivision. Mr. Szymanski asked about the traffic information submitted and Mr. Schmucker said that Traffic Engineer Bruce Houghton had submitted a memo, much of which had to do with lot 7. Mr. Farrar pointed out that this was the second reading of the ordinance. He had no disagreement with the argument which had been made, but did not want to hold up passage of the ordinance. Any substantial change would require rewarning and starting the process over. He felt the action suggested by Mr. Schmucker could be handled separately. Mr. Jarvis noted that the Planning Commission favored grandfathering the subdivision. He wanted to protect Business Park North but did not want to delay passage of the ordinance. Mr. Farrar suggested approving the second reading, and then passing a separate motion stating that the consensus of the Council was that the subdivision had a prior vested right for this particular lot, because of the proceedings before the Planning Commission. Mr. Burgess noted that at the last meeting the Council had wanted the Attorney to answer the question of whether they could adopt the ordinance and exclude this particular piece of land without making a substantial change in the ordinance, which would require rewarning. He felt that either that question had not been asked, or the answer received was not to the question asked. Mr. Schmucker again told the Council that he was not trying to tell them that the subdivision had vested rights, but rather that the bank location on that lot was part of the Planning Commission understanding all along. Mr. Jarvis noted that the O'Briens had raised the question in a letter to the Council in January and that the Council had not really considered it at that time, for which he apologized. Mr. Burgess moved to approve the second reading of the proposed C1/C2 amendments to the Zoning Regulations as warned. Mr. Jarvis seconded the motion and all voted aye. Mr. Paulsen then moved that the foregoing amendment to the Zoning By-law shall not apply to that portion of the C1 and C2 district, which includes the Subdivision known as Business Park North previously approved by the South Burlington Planning Commission on May 23, 1978, which Subdivision shall be developed as approved under the ordinances and by-laws in effect on May 23, 1978. Mr. Burgess seconded the motion and none voted against it. Continue review of any additional data and formulate action and stipulations on the following interim zoning applications Gerald Milet to construct 4 buildings, housing 34 2-bedroom residential units on land located northerly side of Kennedy Drive bound by property of Ryan. ICV Investors, and City of South Burlington Mr. Szymanski said that at the last meeting the question had been raised about whether garages were to be constructed under the buildings, and the building locations changed. Mr. Page, representing the developer, said they would prefer to remain with the plans as submitted, showing double garages between the units, and not to go with garages under the buildings. He said that possibility had been part of the discussion and not part of the presentation. Mr. Paulsen moved to instruct the staff to prepare a motion of approval for the Gerald Milot 4 building development on Kennedy Drive with the normal stipulations and according to the plan of record. The motion should contain as conditions the construction of the loop fire protection system and two fire hydrants, but it should not include a stipulation requiring the extension of the water main down Kennedy Drive to Georgetown development. Another stipulation should require an appropriate buffer zone between this development and Treetops, to be worked out by the City Planner. The motion was seconded by Mr. Burgess. Mr. Paulsen did not think the city could ask this developer to extend the water main on Kennedy Drive down to Georgetown Condominiums, since that is beyond his property, but he felt that the loop water line and two fire hydrants on the property itself should be constructed. Mr. Schmucker said he was the attorney for Treetops, the development next to this. He said no one from that development had told him this hearing was taking place and he wondered if they had been notified at each stage of the hearings. He noted that there had been some discussion between Treetops and this developer regarding a buffer between the two properties. Mr. Page said there would be a minimum of 30' between the buildings and the property line with Treetops. Mr. Schmucker mentioned a common agreement between the two parties to maintain that buffer. Mr. Page said some trees would be lost during construction. Mr. Schmucker asked if the developer would maintain in common with Treetops a green space buffer but Mr. Page could not answer that. Mr. Burgess asked about leaving a 20' buffer zone untouched. The motion carried unanimously. Robert L. Provost to operate a commercial mail receiving agency and retail shop in conjunction with an apartment on the second floor at 1270 Williston Road Mr. Szymanski said Mr. Provost's attorney had called this afternoon and asked that no action be taken on the application tonight. Mr. Burgess noted that the hearing had been closed at the specific request of the applicant after the Council had suggested keeping it open. Mr. Jarvis moved to take no action on this item tonight and Mr. Paulsen seconded. Mr. Katz represented the Swiss Host Motel and he noted that it was inconvenient and expensive for his client to have to keep returning to these hearings. Mr. Szymanski thought the applicant would ask to have the hearing reopened. Mr. Burgess wanted to hear why the hearing should be reopened, but said he would not be inclined to do so without a good reason. He noted, however, that the Council had reopened other hearings. The motion carried without dissent. Formal action on staff prepared motion for the interim zoning application of Addison Corp., Barbara Wick to occupy an existing structure (12' x 20') as an antique shop, said structure is located on a lot also occupied by a residential dwelling at 400 Shelburne Road Mr. Paulsen moved that the South Burlington City Council approve the conditional use application of the Addison Corporation, Barbara Wick of 388 Shelburne Road. South Burlington, Vermont permitting occupancy of an existing 12' x 20' structure as an antique shop located on a lot also occupied by a residential dwelling, at 400 Shelburne Road based on the following findings: Findings 1. That 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. That the proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. 3. That the amount of traffic generated by this proposed use does not warrent altering the existing curb cuts, this information being verified by Traffic Engineering Associates. Mr. Burgess seconded the motion and it passed 4-0. Review and consider for first reading amendments to Sewer Ordinance allowing for Property Owner Assessment Mr. Szymanski said the City Attorney had asked that this item be postponed. Review and consider for signatures, "State of Vermont Pedestrian Trail Lease" Mr. Szymanaki stated that the City Attorney had reviewed this. Mr. Jarvis moved to sign the State of Vermont Pedestrian Trail Lease and Mr. Burgess seconded the motion, which passed unanimously. Review Planning Commission agenda Mr. Szymanski was asked to have the architect present on time for the meeting on the new municipal building. Old business Mr. Jarvis noted that interim zoning had expired April 17 and that an appeal had been made to the Council under interim zoning after that time for the bakery thrift shop. Mr. Szymanski was asked to ask the City Attorney if the Council should hear that application, and if not, to so notify the applicant. Meet as Liquor Control Board to consider liquor license renewals Mr. Paulsen moved to adjourn as the City Council and meet as the Liquor Control Board. Mr. Burgess seconded the motion and all voted aye. Mr. Szymanski said the Fire and Police Chiefs had checked the applications. He noted that the Black Angus still owed taxes, however. Mr. Paulsen moved to sign the liquor licenses of Allen's Pub and Solomon's Delicatessen, and the Councilmen will sign the license of the Black Angus after the taxes are paid. Mr. Burgess seconded the motion, which passed unanimously. The meeting was adjourned at 8:50 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.