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HomeMy WebLinkAboutMinutes - City Council - 11/21/1988CITY COUNCIL 21 NOVEMBER 1988 The South Burlington City Council held a meeting on Monday, 21 November 1988, at 7:30 pm in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, Molly Lambert, John Dinklage, William Cimonetti Also Present William Szymanski, City Manager; Joe Weith, City Planner; Mary McKearin, Business Manager; Jim Condos, Zoning Board, Albert Audette, Street Dept. Lauvenia Bright, State Representative, Lowell Krassner, Natural Resources Committee, Sid Poger, The Other Paper; Jim Dumont, Gregg Wilson, Geoffrey Fitzgerald, Philip Fiermonte, F. St. James, Bill Baltz, Paul Joppe-Mercure, Dick Underwood, Bob Moehl, Victor & Anne Ratkus, Terri Feeley 1. Comments & Questions from the Public (not related to items on the Agenda) No issues were raised. 2. Update on Government Access Channel & schedule coverage date Lauren Davitan of CCTV gave background information on the government access channel. She noted they have 3 years funding for operating & capital expenses which includes full coverage for 1 year. $25,000 would be needed for years 2 and 3. Communities have the option of purchasing their own equipment to have their meetings covered. The channel could be used to cover public meetings or other community issues. She asked if the city would be interested in having the next Council meeting taped. It would cost $50. CCTV will donate the labor. Mr. Dinklage asked if the channel could be used to advocate a specific thing like a bond issue. Ms. Davitan said this is a very complicated issue that would be decided by a governing board made up of representatives from the communities. Following a brief discussion, Ms. Lambert moved to tape the next meeting in the spirit of communicating with the constituency, and that $50.00 be contributed toward the cost. Mr. Flaherty seconded. Motion passed 4-1 with Mr. Cimonetti voting against. 3. Continue public hearing on proposed amendments to City Zoning Regulations regarding the creation of the Spear Street view Protection Zone Mr. Szymanski advised that from a 376 ft. elevation on Spear St. the entire lake would be in view. Mr. Dinklage added that the near shoreline is already obscured from that point by a ridge and by Shelburne Rd. Mrs. Lambert noted the bond issue to improve the overlook would change the height of the overlook and questioned what this would do in terms of restrictions on adjacent lots. A resident asked if owners would be allowed to build higher if the overlook is higher. Mr. Weith said this would impact views from Spear St. Mrs. Lambert noted raising the overlook will do that. Mr. Farrar said the overlook could be raised to the level of Spear St. without affecting the view from Spear St. Mr. Farrar added that the impact on the view for cars heading north on Spear St. has not yet been determined. In answer to a question raised at the last meeting, Mr. Weith said the building envelope can be anywhere within the hexagon. Mr. Wilson, attorney for the Jamiesons, demonstrated that with the park filled to 370 foot height, there would be a view over the Jamieson house and requested that landscaping be allowed between the overlook and the house for screening. No vegetation would be higher than the roofline. Mr. Weith noted this would block views from the north and south. Mr. Wilson agreed and said they are focusing on the view from the park. Mrs. Lambert raised the question of grandfathering trees and whether they would be allowed to grow or would have to maintained at today's height. Mr. Weith said it was his understanding they would be allowed to grow. Mr. Dumont noted the Planning Commission has scheduled a public hearing on the other version of zoning for this area on 6 December. Mr. Dinklage moved that Section 19.474(b) of the proposed zoning be deleted. Ms. Lambert seconded. Mr. Dinklage noted there are covenants on the properties which require trees to be maintained at certain levels. Ms. Ratkus questioned whether it is legal to require trees to be removed or maintained at today's heights. Mr. Farrar said the Council would get legal opinions before any final vote is taken. In the vote which followed, the motion was defeated 2-3 with Mrs. Lambert and Messrs. Farrar and Flaherty opposing. Mr. Farrar said there is a problem with the level of the land and that he was concerned because Spear St. does rise. Mr. Dinklage said the Council needs to determine whether the view line needs to more accurately reflect the rise in elevation of Spear St. Mr. Cimonetti added they might also determine what sight line would just include all existing trees. Mr. Flaherty then moved to add the suggested language from Mr. Wilson's letter of 11/18/88 to section 19.472. Mr. Cimonetti seconded. (attached) Mr. Dinklage said he felt they need to understand the affect of these trees on the angle of sight from both directions before doing this. In the vote which followed, the motion passed 3-2 with Mr. Dinklage and Mrs. Lambert opposing. Mrs. Lambert moved that in Sect. 19.475 the words "...the 100 foot by 100 foot square contained within..." be removed. Mr. Flaherty seconded. Motion passed unanimously. Mrs. Lambert moved to delete from Section 19.473 the words "which is accessory to the principal use of the property..." and the words "accessory" in the last sentence. Mr. Flaherty seconded. Motion passed unanimously. Mr. Cimonetti moved to add to Section 19.477 the following language: "For that portion of the building envelope extending into Zone A, Zone A height limitations will apply." Mr. Dinklage seconded. Motion passed unanimously. Mr. Dinklage moved to continue discussion until 5 December. Mr. Flaherty seconded. Motion passed unanimously. 4. Report on Brookwood Drive noise problem Mr. Szymanski said he got a response from Martin's today outlining what they will do to improve the situation. Fr. St. James said shields have been put on the lights, and this is partly successful. However, the noise this past Sunday was the worst ever. Mr. Joppe-Mercure said they were awakened by it and they are not even directly behind Martins. Mr. Farrar said there is an ordinance that applies in this situation and that the first step is to have the noise measured. Mr. Flaherty asked if delivery times could be limited if they are found to be in violation of the noise standard. Mr. Szymanski said he would check with the City Attorney. Mrs. Lambert noted the stipulations in the Planning Commission approval which would require a fence to be built if there were noise problems. Mr. Cimonetti said he felt it was time for the neighbors to meet with the Martins and Mall people. Mr. Dinklage moved that measures be taken to see if Martin's is in violation of the City Ordinance and that an independent consultant be hired to do this. He further moved to encourage the residents to meet with the management of the Mall and that the City Attorney be consulted as to how to enforce the noise ordinance. Mr. Cimonetti seconded. Motion passed unanimously. Mr. Cimonetti said he would like to see representatives from both sides present the next time this is discussed. He also felt it should be determined if the Mall can be asked to act now on the Planning Commission stipulation. Mr. Poger said the stipulation can be enforced any time there is a problem. 5. Review Planning Agenda No issues were raised. 6. Minutes of 11/7/88 Mr. Flaherty moved the Minutes of 11/7/88 be approved as written. Mrs. Lambert seconded. Motion passed unanimously. 7. Sign Disbursement Orders Disbursement orders were signed. 8. Other Business a) relations with UVM: Mr. Cimonetti said he would like to see discussions with UVM on a regular basis, preferably with a representative of the Board of Trustees. These discussions would include such issues as land usage of land is South Burlington and proposed changes in that use. Mr. Dinklage moved to appoint Mr. Cimonetti as liaison with UVM administrators, Trustees, and others. Mrs. Lambert seconded. Motion passed unanimously. b) Manor Woods traffic light: The questions were raised as to how long it would take to get a light and whether funds were available. Mr. Farrar noted it was not in the budget and might not be voted into the next budget. Mr. Dinklage said he was comfortable with making a commitment with issues the Council feels strongly about and then including it in the next budget. Mr. Cimonetti said this was an example of "responding to the squeaky wheel." He did not feel this was the way to manage things. He felt the light would not in itself solve the problem which was a planning problem. A "no right turn on red" sign on Hinesburg Rd. might be an alternative solution. He said he favored the light but was not prepared to vote funds for it at this time. Mr. Farrar said he wanted to see highway priorities for next year. Mr. Flaherty said the city created the problem by putting in the condos and doctors' offices and should take responsibility to see the area is safe. Mr. Audette said he has asked for police figures on accidents at this location but hasn't been able to get them. Mr. Audette added he has submitted priority lists for sidewalks, etc., which are ignored until someone screams. He added he had talked with the State about Hinesburg Rd. If they can get past the Legislature, there is a plan to update the lights there. The City would probably have to do the road portion of Kennedy Drive, particularly adding another eastbound lane. Mr. Audette was asked to provide a memo on traffic lights in coordination with the Police Chief. Following this discussion, Mr. Dinklage made a plea for a contingency fund set aside for safety issues. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Mr. Dinklage seconded. Motion passed unanimously. Mr. Szymanski presented requests from the Sheraton to cater a Christmas party at O'Brien Brothers, 1855 Williston Rd, on 12/2/88 from 4-8 pm, from Saga Foods to cater a party at K of C Mall on Saturday, 12/3/88, from 6pm-Midnight, and from Halverson's Upstreet Cafe to cater a party at Mayo's Subaru, 1907 Williston Rd., on 12/17/88, from 7pm-1am. Mr. Flaherty moved the catering permits be approved as presented by the City Manager. Mr. Dinklage seconded. Motion passed unanimously. As there was no further business to come before the Council, the meeting adjourned at 11:05 pm. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. November 18, 1988 South Burlington City Council City Ball Dorset Street South Burllagton, Vermont 05403 Re: Spear Streat View Protection Zoning Changes Dear Members of the City Council: I am writing on behalf of Mr. and Mrs. TiaDthy Jade6on. for the a purpose of requesting o specific addition to Section 19.472 of the proposed ammdmnta to your Zoning Regulations. I was present with )Ir. Jadeson at your meeting of lwember 7, and you requested that any suggestions we had be oade in writing. Section 19.472 of the proposed amendments deal6 with las@scapLng in Zone A, with a formula providing for a four foot reduction in height for each one hundred feet vest of the Zone A base line. An I srplaiond to you at your meeting. this would reault in a restriction on the Jopicson property requiring trees to be maintained at a level sigoificnntly below the present elevation of the JanFason roof line. Since the house effectively blocks any view enclosed within the silhouette of the houee as viewed from the cant. the restriction on landscaping makes little sense and does crate s hardship for the Jamiesons. The Jamiesons do vish to plant a natural screen or barrier bemeen their home md tha public park, and if they can utilize species which may naturally grow, or be maintained, below the level of their roof line, they have a lot more choices than if they are restricted by the Zone A formula. I would suggest the following language be added to Section 19.472: Notwithstanding the restrictions set forth in the previous sentence, any vegetation or planting5 located within an area two hundred (200) feet east of any building in existence on the effective date of chis amendment may be maintained so as not to exceed an elevation corresponding to the easterly horizontal extension of the roof peak of such building. South Burlington City Council - 2- November 18, 1988 We will see that you are also ~rovided with drawings which illustrate the concept we are proposing with this additional language. Your municipal planner has a cross section of the proposed Overlook Park prepared by Marcel Beaudoin, and I will attempt to provide you with a copy of that print. If I am unable to obtain it, I will request that your planner have it available for your review. We also have shown you, and dl1 provide you again, with the Jamieson lot layout showing proposed landscaping in the area of concern. We appreciate you consideration of this proposal. Sincerely. ai& GHW/rw cc: Mr. and Mrs. Timothy J. Jamieson Steven F. Stitzel, Esquire