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HomeMy WebLinkAboutMinutes - City Council - 04/17/1989CITY COUNCIL 17 APRIL 1989 The South Burlington City Council held a regular meeting on Monday, 17 April 1989, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, Molly Lambert, William Cimonetti Also Present William Szymanski, City Manager; Wendy Schroeder, Business Manager; Margaret Picard, City Clerk/Treasurer; Richard Ward, Zoning Administrator; Joe Weith, City Planner; Jim Condos, Zoning Board; Sonny Audette, Street Dept;, Sid Poger, The Other Paper; Alex Blair, Steven Freedman, Cassius Hill, Peter Collins, Gary Farrell, Littleton Long, Michael Dugan, Anne Ratkus, Carole & Gregory Lothrop, Jim Dumont, Martha Campione, Heidi & Richard Slade, Joseph Cahill, Dick Spokes, Dick Underwood, Bud Yetto, Cindy Warren, Thomas Matthews, Harry Yawney, M. Minnelli, Gordon & Barbara Allen, Vincent Bolduc, John Jewett, James Brady, Dean Economou, Cynthia & Robert Hoehl, Barbara McKnight, Mr. & Mrs. Simpson, Stephen Shue, Mark Boron, Nancy Bell, Michael Scollins, Ginny Greenblatt, Frank Boerger, Lou & Thomas Kleh, Allen Gear, Charles Scott, John Larkin, Robert Cooper, Geoffrey Fitzgerald, Fr. St. James, Marcel Beaudin Resolution of the South Burlington City Council Honoring William J. Szymanski Mr. Farrar read the Resolution and presented it to Mr. Szymanski. Appoint Town Service Officer Mrs. Lambert moved to appoint William Szymanski as Town Service Officer. Mr. Cimonetti seconded. Motion passed unanimously. Comments & Questions from the Audience (not related to items on the Agenda) Ms. Lothrop asked for an update on the ravine on Kirby Rd. Mr. Flaherty said a pump has been put in to pump ethlyne glycol to the Treatment Plant. There had been an overflow which was pumped out. Soil is being tested and oil/water separator will be under construction this summer. Ms. Lothrop noted the odor is still there, and was very bad last night. She was concerned about the responsibility of the city to clean up the area. The Airport says they have fulfilled their responsibility. Mr. Flaherty said the results of soil testing are not yet in, so he didn't know what the next step would be. Mr. Farrar said the Council will deal with a plan if a problem is found in the soil samples. Continue Recessed Interim Zoning Public Hearing on Application of Robert Cooper for the Construction of a Single Family Home in the Spear Street Scenic Overlook District Mr. Fitzgerald said Mr. Cooper has applied for a building permit to build at 1525 Spear St. The application was denied by the Zoning Administrator and they are now appealing under Interim Zoning regulations. Mr. Dumont introduced himself as representing Save the view which opposes the application. Mr. Fitzgerald showed deeds, easements, subdivision approvals, Minutes of the Pecor-Milot subdivision, Minutes and decisions in the Hoehl application and letters regarding sewer extension and Mr. Cooper's legal position on Interim Zoning. Also submitted were Council Minutes of 3/20 adopting the Zone A and Zone B districts, and the bond issue from the 9/88 ballot. Mr. Dumont objected to all documents except the deeds and questioned the wisdom of hearing evidence since a petition was filed on a public vote on the zoning passed on 3/20. If the Council action is overturned by the public, the Council position will be very different. Mr. Fitzgerald said if the Council action is overturned, they will be back in interim zoning and will want to have something in place. Mr. Cooper said he felt the City's position should be to protect the view from the park. Mr. Beaudin, Mr. Cooper's architect, showed the house plans. The house is positioned to stay within the proposed Zone B lines and is as far back from Spear St. as possible to remain within the ordinance limitations. It is 25 ft. from the northern boundary and 47 ft. from the southern boundary. He said it would be very difficult to build this house anywhere else on the lot because of the sewer line. The proposed house is 35 ft. high and will not rise 18 ft. above Spear St. at any point (per a covenant in the deed). The house is set a bit further back than the Hoehl house and the Hoehl house blocks most of the Cooper house from the park view. The house is 2-1/2 stories high counting the basement. An exhibit showing elevations was entered. Mr. Beaudin also showed a proposal for the park that would help negate the impact of the Jamieson house. He felt the park could be elevated to do this. The proposed house is 3,000 sq. ft. plus 650 sq. ft. of garage, somewhat more than the Hoehl house. Mr. Beaudin said the mass of this house will appear to be less from Spear St. because of the hip roof. The width of the house is 98 ft. Mr. Dinklage said that in fairness to all he would like the appellants to have the chance to present all evidence and would like to continue the hearing until 5/22, after the election. Mr. Dinklage moved to continue the Public Hearing until a special City Council meeting on 5/22. Mr. Flaherty seconded. The motion was defeated 2-3 with Mr. Cimonetti, Mr. Farrar and Ms. Lambert opposing. Mr. Cimonetti then moved to continue the hearing until the next regularly scheduled City Council meeting, 1 May 1989. Ms. Lambert seconded. Motion passed unanimously. 3. Interim Zoning Public Hearing: Application of Victor and Anne Ratkus for the construction of a single family home in the Spear St. Scenic Overlook District Mr. Dinklage asked if the applicants would object to waiting until after the vote. Ms. Ratkus said they want to know if they can go ahead and build. Their plans are for Lot #1. Mr. Dinklage moved to accept for the record and include prior submittals to the Planning Commission and Zoning Administrator specifically regarding location of the sewer easement relative to the location of the house in this sketch. Mr. Flaherty seconded. Motion passed unanimously. Mr. Dugan showed the siting of the house with a 75 ft. setback required by deed. He also showed the location of the sewer line. The house is as far west on the site as it can be. It will be 35 ft. tall to the top of the chimney. It is 120 ft. from the property line to the west of Spear St. It will be 108 ft. wide from north to south and 64 ft. deep at its widest. It has a hip roof similar to the Cooper house. Mr. Dumont said Save the View feels this northernmost lot should not have been included in Interim Zoning and do not wish to participate in this hearing. Mr. Flaherty moved to continue the hearing until 5/1/89. Mr. Dinklage seconded. Motion passed unanimously. 4. Public Hearing on Proposed Interim Zoning By-Laws, and Sign if approved Mr. Farrar read the Interim Zoning notice. He then asked if there were any questions. Mr. Gear, representing IBIS Corporation, owner of 1570 Spear St. property, said his client bought the land in 1985 and later wanted more. This request was discussed with the owners, with Act 250, and with the City. As a result, in 1988, they bought additional acreage that is affected by this Interim Zoning proposal. The land was bought with the knowledge of the City and its Planner. As a result of the City's wish to extend Deerfield Drive easterly, the Nowlands cooperated, and at closing there was an agreement that IBIS would treat its parcel of land, even though intersected by a future city street, as one parcel. This made an irrevocable offer of dedication for Deerfield Drive and a warranty deed for that piece of land. The client wanted extra land to the south of the property before there was a city street, but is living with the street as it is. He has now applied for a subdivision for 2 lots south of Deerfield Drive. The final plat for this was scheduled for 3/21. A week before this, the City Attorney called and said he had a proposal for the land and wanted an answer before 3/21. Mr. Geer met with the proposed buyers of the 2 subdivided lots who declined the City's offer. At the Planning Commission meeting, the Commission said the City Attorney had advised them to postpone action to determine whether building envelopes could be imposed and what restrictions were to be. That hearing is to be continued tomorrow night. Mr. Gear felt it was too coincidental that because the city couldn't get what it wanted by negotiation, it was trying to take the land in a backhanded fashion. He thought a fair price should be offered and felt they were entitled to recover damages by this zoning action. Mr. Spokes, representing the Nowland Estate, said the transaction Mr. Gear referred to was treated as a boundary adjustment by the city. Prior to that, the Nowland Estate applied for a 3-lot subdivision at the northern end of the estate. Preliminary and final hearins were held and approval was given. Approval included dedication of a strip of land for a road. The owner filed a plan for recording but the Planner was told by the Planning Commission not to record it. There was a feeling the 2 transactions were related. Mr. Spokes said they were not. There was an executive session of the Planning Commission but the Nowlands were never informed of any result of that session. He felt they had not been treated fairly and that the city was trying to take land without due compensation. He did not feel interim zoning was the answer because it generated confusion and suspicion. Mr. Collins, representing Mr. Farrell, said they have no plans for subdivision but feel this action is unconstitutional and is a taking under inverse condemnation. Joe Cahill, representing Lucien and Jane Demers, who own property on Dorset St., echoes the feelings of the other attorneys. He said the Demers had no plans to develop their land. He felt what was proposed was too broad. Gordon Allen, resident of Dorset St. said he favored interim zoning but had problems with this plan as being too restrictive. He felt he couldn't even put up a raised garden bed. Mr. Blair, who also supported the action, noted that farms need fences to keep cows in and this would prohibit that. Mr. Dinklage said he felt the comments on minor structures were very valid. He was inclined to enact this and to deal with those afterwards. Mr. Scollins of Swift Estates, said they support the spirit of interim zoning and felt it was important to do something now. Mr. Dinklage said the Council has in mind putting in an official city map that would indicate streets that the city wants before development is done. There are more than zoning issues involved. There are planning issues that require extensive public debate and probably professional aid. Mr. Yawney asked why the Council didn't include the rest of the Southeast quadrant. Mr. Farrar said they felt there was a significant question as to how streets should be laid out in this particular area. Mr. Scott recommended the east side of Dorset St. be included in the interim zoning. He felt the concept was a wonderful opportunity for the city and recommended its approval. Mr. Freedman applauded the effort and felt that prior problems were the result of not having a plan in place. He also felt the rest of the southeast quadrant should be included. He said they wanted assurance of what kind of neighborhood they would be living in the future. Mr. Slater of Spear St. agreed with the spirit of interim zoning but was concerned about how it affected existing structures as they wish to make renovations to a garage. Mr. Bolduc supported interim zoning and congratulated the Council on taking the initiative. Mr. Cimonetti asked if there was any evidence that interim zoning ever constituted a taking. Mr. Farrar said not in itself, but the results might. Mr. Cimonetti asked if the Statutes don't allow for it. Mr. Collins said it was a question of degree. Mr. Dinklage gave the assurance that individual concerns would be heard fairly and expeditiously. Mr. Dinklage then moved to adopt the proposed Interim Zoning By-Laws as duly warned and discussed this evening. Mr. Flaherty seconded. Motion passed unanimously. 5. Report on Martin's Noise problem Mr. Matthews of Hanaford Brothers said fans have been taken care of. The hydraulic dock levelers will be in by 4/28 which will take care of the slamming noise which is the loudest noise. They are working with Dr. Hundal and Pinkham Engineering. Possible actions might include walling off the whole dock area where trucks come in, a 250 ft. long wooden wall (which he was concerned might bounce Interstate noise back into the community), and a natural barrier of trees (which he didn't feel would work). He said the evaluation process would be complete by the end of the month. Mr. Yetto said local deliveries have been stopped before 6 a.m except through the front door. They have also managed to schedule no warehouse deliveries between 9 p.m and 6 a.m. He felt the only thing that could cause a problem was if the 9 p.m truck was late due to weather or breakdown. Neighbors said they had noticed the difference. Mr. Matthews said they will have a decision on what to do by 5/15. Adopt 1989-90 City Budget Mr. Flaherty moved to adopt the 1989-90 budget as presented. Ms. Lambert seconded. Motion passed unanimously. Review Planning & Zoning Agendas No issues were raised. Review Minutes of 4/3/89 and Budget Hearing of 4/6/89 Mr. Flaherty moved to approve the Minutes of 4/3 and 4/6/89 as written. Mr. Dinklage seconded. Motion passed unanimously. Sign Disbursement Orders Disbursement orders were signed. Other Business Mrs. Lambert asked about the Central School access. Mr. Farrar thought everything was all set. Mr. Szymanski said he would let the Council know when they have the go-ahead. Mrs. Lambert said Vi Luginbuhl had called on Municipal Revenue Sharing. She will keep an eye on it. The question of the audit management letter for the school was raised. Ms. Schroeder said procedures are in writing to address the problems. Mr. Cimonetti said he would like to see a memo from the auditors that everything is OK now. Liquor Control Board Mr. Flaherty moved the Council adjourn and reconvene as Liquor Control Board. Ms. Lambert seconded. Motion passed unanimously. Mr. Szymanski presented catering permits from Wetherbees for 2 weddings at K of C Hall, one on 4/29/89 from Noon -6:30 p.m., and the second on 5/20 from Noon to 6 p.m. Mr. Flaherty moved to approve the catering permits as presented. Mrs. Lambert seconded. Motion passed unanimously. Ms. Picard presented 54 liquor license renewal applications. Mr. Flaherty moved to approve the 54 liquor license renewal applications. Mr. Dinklage seconded. Motion passed unanimously. Ms. Picard noted that Gaynes, which has requested a renewal, owes $3530 in taxes. A renewal request was not received from Papa Ginos. An entertainment permit from Club New England was received for a Country Jamboree on 4/23 from 4-9 p.m. It will be indoors and will feature 4 country bands which the Club said are not as loud as rock bands. Mr. Flaherty moved to approve the entertainment permit request for Club New England for the Country Jamboree on 4/23, from 4-9 p.m., as presented tonight. Mrs. Lambert seconded. Motion passed unanimously. Mr. Flaherty moved the Board approve the Gaynes Liquor License renewal when their tax problem is solved and approve the Papa Gino's renewal when it is received and passed on by all concerned bodies. Mr. Dinklage seconded. Motion passed unanimously. As there was no further business to come before the Board, the meeting adjourned at 10:55 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. ii)iiliS Gi~PORT $?:!CrF: AihFWl 5FiVi 4IRPOAT Ki'l;:jL&Ui . ,. , 6bL INGTGH blhP6ET @OHAN;; ;iri~i ?,EjrfiUft4NT 7?2 jHEL3ldRNE kOkD Riclgt O';.:I; 2 5:. ,I!&%lji 5 lt,5! Ylii ijlObi KIkD I> 81.1 ?47? :>$ siIEL6ijFb;E :5;,;3 >., -..,-,.q, ,r .! >nrir,!,+hk F;QdZ . . :,,u 5uh;ti >?LEE? it);, ;rJi:t; ji;Ct: 155 jOfiiii i!hii? i'OiiN.5 VU91Ell S!OFE. Ihi IlbO WILLISTON kOXi CALF IELG 5 TiJEAH I:?, DUiEti Cll? 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I. .. ., -- - :,;J,);p *:A-, L,?:~!L:td. ;: . - >~.!giC pijR).ii<!? '5h. 'ii S;h:k c.jjq,>i;!l, 1- ;..., 1,, ?, ., . . .... -cQ ~ b,!b;..,'8:~<,', .', $,:,;):H 9.,tL;*,j;,jtd, I*'? -- .- , >cc;a ~,~iL:i,!~r~;<, %,? ;aUTh BvRiibG?.JY. VI SDUTji BGLLiEGTC!i, i! 5GUlH BURLlNGiON. Yi SOtiTH EOhliN6?ON. iT SOUTH aUKIEi6TON. V? SCUTH PURLlNGTOH. Ui SOUTH BLiRLIIG?OW, Vi SOUTH BURLINGTON. Vi SGUTH BUCLlNbTGH. JT SOUTH BURLINGTOR, Yi sotiru BURL~MGTO&. i'i SOUTH PilRLIN6TOli. VT SOUTH BURLIXGTOH. Vi SDUTH BURLiHGTON. Vi SDUTH BURiiNGTON. V! '' SOUTH BURilNGTO!i. V! SOUTH FURLINGTON. Vi SOUTH 6illLINGTON. VT SOilH BURLiWSTGN. '$7 SOUTY P6RLIYGION. Yi SCOTH BURLINGTON. VT SOUTH PURLINGTON! 91 SOUTH BURLINGTON. VT SOUTH PORLINGTON. VT SWlH BURLINGTON. VT SO'LliH GdRLIN6TON, VT SOUTH BURLINGTON. VT SOUTH BURLINGTON; VT SOUTH BURL~NGTOH. VI SOUTH PURLINGTOH. VT SOUTH BURLIHGTOH. Yl SOUTH BURLINGTDN. VT SOUTH BURLINGTON. VT SOUTH BURLINGTON. Vr SDUTH BURLINGTOY. Y? SOUiH 6U4ilHGTOL. Vi SOUTH BURLINGTOM. VT SDUTH HUFilNGTOY, i'T SDUlH BURLIHSTO#. VT SOUTH 6L!FiLIHGTON. VT SOUTH BURLltiSTON. ?T SOUTH BUfiilliGTQN. VT SOUIH PURil!&TON. Ui SOilTY ELihiiNGTON, 'VT SOUTH EUELINSiON. VT SOUTri BURLIUGTON. JT SOUiH BURLINGTON. LT SOUTH PUKLIUGTOH. UT SOUTH BIN11 INGTDY. V? PUBLIC HEARING SOUTH BURLINGTON CITY COUNCIL PROPOSED INTERIM ZONING BY-LAWS 7:30 P.M., MONDAY, APRIL 17, 1989 CITY OFFICES, 575 DORSET STREET SOUTH BURLINGTON Notice is hereby given that the South Burlington City Council will hold a public hearing on April 17, 1989 at 7:30 p.m. at the City Offices at 575 Dorset Street to consider proposed interim zoning by-laws for that area of the City which lies south of Swift Street, west of Dorset Street, north of the Shelburne/ South Burlington boundary, and east of Spear Street. The purpose of the proposed regulations is to restrict development to allow the City an opportunity to plan public improvements, including streets, necessary to accommodate development within the defined area and determine what measures can be taken by the City to preserve the natural resource value of these lands and the views they afford. The proposed by-laws contain the following principal headings: 1. Purpose 2. Description of District 3. Limitations on Land Development 4. Definitions 5. Effect on Existing Regulations 6. Enactment Provisions The complete text of the proposed interim zoning by-laws may be reviewed at tbe City Clerk's Office, South Burlington City Offices, 575 Dorset Street, South Burlington, Vermont, between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. a Dated at South Burlington, Vermont, this 30th day of March, 1989. / - &ul A. ~arFar. ~hairrnafi south ~urlin~tbn City council PROPOSED INTERIM ZONING BY-LAWS I. PURPOSE: - The area affected by these Interim Zoning By-laws, which contains over 1140 acres of land, is substantially undeveloped at this time. However, it is expected that substantial development will occur within this area in the very near future. Such development will require the provision of necessary public facilities such as streets, storm sewers, sanitary sewers, and water services. Other public areas such as school sites or parks may also be necessary or appropriate. In addition, because of its elevation and topography, portions of this area have views of Lake Champlain and the Adirondack Mountains to the west and the Green Mountains to the east. If not properly planned, development could adversely impact the views which are presently available from this area. The purpose of these Interim Zoning By-laws is to provide the City time to complete necessary studies to plan for the development of this area in a manner that is consistent with the City's goals and objectives. These include, without limitation, the efficient provision of public services and improvements and the protection of views. II. DESCRIPTION OF DISTRICT: These Interim Zoning By-laws shall apply to those lands within the City that adjoin and lie south of Swift Street, vest of Dorset Street, north of the Shelburne/South Burlington boundary and east of Spear Street. LIMITATIONS ON LAND DEVELOPMENT: Within the area affected by these Interim Zoning By-laws the following restrictions shall apply: A. The minimum lot size shall be ten (10) acres. B. No new structures shall be allowed. C. No existing structure may be expanded. IV. DEFINITIONS : A. Structure: An assembly of materials for occupancy or use, including but not limited to a building, mobile home or trailer, billboard, sign, wall or fence, antenna, utility pole (including towers and lines). - Y. EFFECT ON EXISTING REGULATIONS: These Interim Zoning By-laws shall not repeal or alter any existing ordinances, regulations or by-laws of the City of South Burlington. These by-laws establish restrictions that are in addition to those contained in any other City ordinance, by-law or regulation. vI. ENACTMENT PROVISIONS: These Interim Zoning By-laws are enacted pursuant to the provisions of 24 V.S.A. Section 4410 and shall be effective upon passage. Enacted by of April, 1989. the South Burl ington C-c