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HomeMy WebLinkAboutMinutes - City Council - 05/19/1980CITY COUNCIL MAY 19, 1980 The South Burlington City Council held a regular meeting on Monday, May 19, 1980 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, Kenneth Jarvis, William Burgess Others Present William Szymanski, City Manager; Peter Collins, Peter Bouyea, Lansing Reinholz, Kevin Hayes, Richard Ward, Zoning Administrator; Lowell Krassner Agenda addition Mr. Szymanski said the Water Department had asked the Council to sign a renewal note. Minutes of May 5 and May 12, 1980 Mr. Jarvis moved to approve the May 5 and May 12, 1980 minutes and Mr. Burgess seconded the motion, which carried unanimously. Disbursement orders Disbursement orders were signed. Sign Police Association Contract The Council had received copies of the approved contract. Mr. Jarvis moved to sign the agreement between the City of South Burlington and the South Burlington Police Officers Association. The motion was seconded by Mr. Burgess and carried unanimously. Mr. Flaherty arrived in time to sign the contract. Formal action on staff prepared motion on the Interim Zoning application of Robert L. Provost to operate a commercial mail receiving agency and retail shop in conjunction with an apartment at 1270 Williston Road Mr. Burgess moved that the South Burlington City Council deny approval to the conditional use application of Robert L. Provost, thereby refusing permission to operate a commercial mail-receiving agency and retail shop in conjunction with a second floor apartment on premises located at 1270 Williston Road, South Burlington, Vermont. FINDINGS OF FACT 1. The applicant seeks conditional use approval in connection with an existing two-floor building located at 1270 Williston Road to operate a commercial mail-receiving agency and retail shop on the first floor as well as a residential apartment on the second floor. 2. The lot in question contains approximately 1/5 acre of land with 106 feet of frontage on White Street. 3. The Council's review of this proposal is governed by the standards set forth in Section 5 of the City's Interim Zoning Regulations. 4. The above cited section requires findings that the proposed use will not adversely effect the capacity of roads and highways and will not adversely effect traffic on roads and highways in the vicinity of the proposed land use. 5. Applicant's parcel is located on the northeasterly corner of the intersection of White Street and Williston Road, a low-visibility, heavily used, non- signalized intersection which now frequently results in substantial stacking of motor vehicles in the east-bound turning lane of Williston Road. 6. The "commercial mail-receiving agency" proposed by the applicant is a mode of business enterprise with which the City is unfamiliar and regarding which the Council has no independent knowledge concerning intensity of use. 7. Section 5c of the Interim Zoning Regulations places the burden on any applicant seeking conditional use approval to submit "...sufficient traffic studies and data to adequately demonstrate that proposed development will not adversely affect the present level of service..." on adjacent roadways. 8. Applicant failed to meet the burden referred to in paragraph #7 above, in that only incomplete, insufficient and undocumented traffic information was submitted to the Council, none of which could be considered adequate "traffic studies and data". 9. Applicant's proposal accommodates only six on-site parking spaces and only temporary arrangements for additional off-site parking spaces have been secured. Because six spaces are inadequate to serve the potential needs of the three separate proposed uses of the premises and because supplemental parking arrangements are impermanent, the capacity of the intersection described in paragraph #5 above could be impaired by the stacking of turning motor vehicles at the White Street entrance to applicant's premises. 10. The nature of the proposed commercial mail-receiving agency is such that large delivery trucks would frequently require access to the premises. Such trucks would further accentuate the inadequate parking situation described in paragraph #9 above, thereby increasing the probability of impairing the capacity of the White Street-Williston Road intersection. 11. By virtue of the applicant's failure to submit adequate traffic information as well as the lack of sufficient on-site parking, the applicant's proposal would have an adverse effect on the standards enumerated in Section 5A, subparagraphs 1 and 5, of the Interim Zoning Regulations. 12. The Council finds the proposed use would be inconsistent with the health, safety and welfare of the City of South Burlington. DECISION The application of Robert L. Provost is disapproved. Mr. Paulsen seconded the motion and it carried 5-0. Mr. Jarvis noted that advertisements for the business had appeared in the local paper. Mr. Ward added that there was also a sign up on the building, but he said that, to his knowledge, the business was not open. It is possible that the mail use may be moved to another location in the area. Mr. Ward noted that the ALA retail use also intended for the building was a permitted use under the new C1-C2 zoning. He went on to say that the city had received a letter from the attorney for the adjoining property owner, the Swiss, Host, stating that a balcony and outside stairway had been constructed on the building and that the motel owner felt the apartment had been subdivided. Mr. Ward stated that it had not been and that the Fire Chief had asked for the second exit for the apartment. Continue public hearing on request for a zoning permit by Antonio Pomerleau and Peter Bouyea for a bakery thrift shop in conjunction with two existing businesses. World-Wide Imports and Global Car Parts at 1281-1285 Williston Road Mr. Collins gave the Council additional information on traffic (copy on file with Zoning Administrator). He said they had gathered information from a facility similar to the one proposed here, located in Essex Junction. Regarding the number of parking spaces, Mr. Collins noted that the square footage of each building had been shown and that the lot met the parking space requirements. One other question raised at the last meeting was the number of cars the drapery business, which is leaving, generated. There were 3 employees who came and went each day, and 3-4 customer cars on top of that. The next question is how much traffic can be expected for the thrift shop during the road peak times of 4-6 pm. Using the Essex Junction figures, Mr. Collins expected that about 21% of the total cars per day would come at that time, which would be about 13 cars during those two hours. Mr. Collins agreed with the city's traffic consultant, who felt that this facility would not have an adverse impact on the traffic in the area. He also did not object to closing the Williston Road accesses when the Williston Road-Dorset Street connector road is complete. At that time, access to the lot could be from the new connector road. Mr. Peter Bouyea felt there might be two deliveries per day. Mr. Lowell Krassner had some concerns about left turning traffic on that section of Williston Road and he noted that the Council had just passed a zoning law which would prohibit this use in this area. Mr. Collins replied that one retail use was being exchanged for another retail use here. Noting that there was an election tomorrow and there might be two new Council members at the next meeting, voting on the application tonight was discussed. The applicant requested that the vote be taken tonight. Mr. Burgess moved to close the public hearing. The motion was seconded by Mr. Jarvis and carried with all voting aye. Mr. Burgess then moved to consider making a decision tonight and Mr. Flaherty seconded. The motion passed unanimously. Mr. Flaherty looked at the C1-C2 regulations. He noted that a bakery thrift shop was not specifically mentioned as a permitted or conditional use. He read the list of permitted uses and the Council tried to decide if this use was the same type as some of the permitted uses. It seemed that some permitted uses would generate more traffic than this use would. The Council felt this was the same character and type of business which was permitted in the area. Mr. Jarvis moved to approve the application of Antonio Pomerleau and Peter Bouvea for permission to occupy an existing structure of 1140 sq. ft. in conjunction with two existing businesses (World-Wide Imports and Global Car Parts), at 1281-1285 Williston Road with the stipulation that the accesses from Williston Road be closed when the Williston Road-Dorset Street connector road is complete and that access to this property be provided via the connector road. Mr. Paulsen seconded the motion and it carried 5-0. Update State Emergency Resource Management Plan by making the following appointments: Robert Martineau as Emergency Board Number 6 Chairman and Frederick Blais as Price Control Board Chairman Mr. Burgess moved to appoint Robert Martineau as the Chairman of Emergency Board Number 6 and Frederick Blais as a Price Control Board Chairman. Mr. Flaherty seconded the motion and it carried 5-0. Select a contractor for the new municipal building Mr. Farrar suggested that the members rank the contractors and add up the rankings. Each member chose first, second, third, and fourth choices from H.P. Cummings, Kenclif, Pizzagalli, and Reed and Stone. Pizzagalli received the most votes as first choice and Kenclif was the second choice, in terms of votes as #1. Mr. Paulsen moved that the City Manager and/or the Chairman of the City Council be empowered to negotiate a contract with Pizzagalli Construction to construct the new municipal building. Mr. Jarvis seconded the motion and all were in favor. It was noted that if for some reason negotiations were not successful, Kenclif would replace Pizzagalli. Mr. Ward noted that the City Hall employees were not happy about the metal partitions proposed to separate the desks in the secretarial work area upstairs. They do not think they will work well and they do not want them. Mr. Ward suggested pushing the wall out so that people would enter an office and then the secretaries could have partitions. Mr. Farrar felt the Council should look into the problem. Review and consider for first reading an amendment to the Sewer Ordinance Mr. Jarvis moved to dispense with the first reading of the sewer ordinance. Mr. Paulsen seconded the motion and all voted aye. Mr. Paulsen moved to approve the first reading of the sewer ordinance and Mr. Flaherty seconded the motion, which carried unanimously. Mr. Jarvis then moved that the City Manager warn the second reading of the sewer ordinance, according to the Charter. Mr. Paulsen seconded the motion and all voted for it. Review list of unlicensed dogs The Council reviewed this list. Attached were some complaints about the organization the city hires as dogcatchers. Mr. Szymanski was asked to have the authors of the letters detail and document the allegations. It was suggested that the authors appear at the next meeting to discuss this. Mr. Paulsen moved that the Council has received a copy of the delinquent dog list. Mr. Flaherty seconded the motion and none dissented. Review Zoning Board and Planning Commission agendas There were no comments. Old business Mr. Paulsen noted that the Council had not received the budget for the CCTA yet, and it was due in February. Mr. Szymanski said he had asked for a detailed budget. Sign Water Department renewal note Mr. Szymanski said the interest rate on the note was 6.71%. Mr. Jarvis moved to sign the note and Mr. Flaherty seconded the motion. All voted aye. The meeting was adjourned at 8:45 pm. 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