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HomeMy WebLinkAboutMinutes - City Council - 01/11/1989CITY COUNCIL SPECIAL MEETING WEDNESDAY, JANUARY 11, 1989 SITE VISIT - SPEAR STREET - 7:30 AM Members Present: Paul Farrar, Chairman; Michael Flaherty, Molly Lambert, John Dinklage, William Cimonetti. Others Present: Lowell Krassner, Nancy Walsh, David Boehm, Bob Cooper, Robert Hoehl, Sid & Ruth Poger, The Other Paper; T.V. Station Photographer, Steve Stitzel, City Attorney; Joe Weith, City Planner; William Szymanski, City Manager; Marcel Beaudin. Site Visit Spear Street-The purpose of the meeting was a continuation of the Public Hearing for a site visit to the Hoehl house construction site on Spear Street. Mike Flaherty moved to reconvene the January 9, 1989 Public Hearing for the purpose of viewing the site and accept any additional evidence. Molly Lambert seconded the motion and all were in favor. Additional Evidence Submitted: Upon completion of the site visit, Chairman Farrar asked if there was any additional evidence to be submitted. Bob Hoehl submitted additional evidence, (copy of which is attached to these Minutes). Bill Szymanski said that he will furnish the City Council a copy of the deeds for each of the six (6) lots. No other comments or evidence was submitted. Councilman John Dinklage moved that the Public Hearing be closed. Mike Flaherty seconded the motion. There were no objections. Councilman Bill Cimonetti moved that this special site visit meeting be adjourned. The motion was seconded by Mike Flaherty and all were in favor. The meeting adjourned at 8:00 AM. NOTE: This short meeting took place at the site on a cold, windy, cloudy day! Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. . . , , .. '. .. Tcn : 5~1.1 kt1 Ekrl-- l i 1it)t on (3 i t y C<:.t.rilc i 1 ir~r?ml:,e.,. s . . a. . From: Cynthia and Bob Hnehl. .. . . . : . .',.... .. ... , Re: Sewer Line ..; .., ;,:!<I ... .. ., .:,.>,, w. ,.;t+.:> . ' , .,,..: >: :." Date: l/lO/B1 ':.,;'. ,.< r ' ...,... ... .. , ,,iw :, .; .. . i- , . . . . . .. It Has come to our atitenlion that %here is sc,nle:questiun.as.: t4 the ownerehip nf the sewe $lor-t ic-n wf uur proper.I:y. installatinn nf $he sewer line due to t uur DrGpci-tv after %he line was' inst that ia was accepted and paid fcrr. We sewer line and wnuld be happy to exec tu clear this rnater u~ a5 far as we are "' . ., , .:, '. . . . . . . . _' . . . .. .: > , . .: ! ' : ..< ... I' . I I . , .. .. . . ,. - . '1 lo: So!., t:h I'ltrr 1 i riqtoi~ i:.:i t:, I:.~>LIIIZ i 1 ints~nber-s .. -:% ._. .: I..j .. . Fr-c.n~: Cvntl.ii61 pncl Rc~b t!nutll e : I-leu8 Ev i dc;.ncc, Date: I./'lO/F2'? , The q~~onknts of or.1~ bui 1.d I ng permit.. pr-c-~jose to sj.tf2 our ho~rse scdrnewhrr-re t1r.twee.n Spear. S?:rc-?f?%. Placinn a house in ldina a :IC~L.~ IGT! c'f the har.<ee directly 1 i'nc. fur ir~aintenance urrrpoaes. I .. , . , ... '. . , . r , , .I.. .. ... , . . , HTZPATRICK-LLEWELLYN INCORPORATED En~ineerins and Planning Servicor The Kiln 15 8rickyard Road Essex Junclion - Vcrmonl 05452 18021 878-3000 ., '-3b' ,, ,.- .? a$d L... -.., ..* ., , %.." .dA. :~ 13 June 1985 1 2 ...- 1- ?. ...,I I.;!. . L:@/' lib.. ; !.,< 9 ,/ss nC.s;T.- Ms. Jane Bechtel, City Planner ,I f. ,'( *! City of South Our1 ington .- \-6 'a 575 Oorset Street South Burl ington, Vermont 05401 2~ ,.2c.:, y /d d ,e 23' 4% a&&-- >. ,/ sdf a ;,: -,,, .,. ,,;c :? --,. 4;- ,/ ,-.. < RE: Private Saer Line Extension, Spear Street South Burlington. Vermont . - J - . a:.,.? yew< FILE: 84116 o.:,:-i- .,rm */;,7~.3 *:.-, ,sy ,-.,7 7- ,/ ' , Dear Ms. Bechtel: 6 -zL-r4- LC, t- 5, -. . . , 2:s A 4 -). < ,. 5 *, < .J~.,J-.:..B On behalf of our Clients, Messrs. Raymond Murphy, Maurice Brown, L. Oouglas Meredtth and Victor Ratkus, we are herewith submitting revised plans for the proposed sanitary sewer extension from the Nowland Property. AS discussed and mutually agreed upon between William Szynanski and Douglas FitzPatrick of this office, on May 20, 1985, the following revisions have been made : 1. We have extended the uttl l; ty easement to the northerly property line of Lot Number 1. 2. We have provided an easement for future sewer servlce to Lot Number 16. In addition, the following revisions/additions have been made: 1. The sewer 1 ine has been real-ignedslightly between Manhole P1 and manhole P3. 2. Metes and bounds have been added to all easements. 3. Notes have been revised. I will inform our Client's attorney- Robert C. Roessler to provide the City of South Burlington with a deed for the easements. 1 trust that the above revisions are acceptable and that you can now approve our Clients request to connect with the South Burlington sewer system at Overlook at Spear (formerly the Nowland farm). I Should you have any questions, comments or require additional information, please feel free to call us at your earliest convenience. .>I. \\.. , Sincerely, . .. . . . . L .- /' Michael J. 'Bruz. P.E. .,' 1. , . C.,. , , . .. Cc C. Douglas Meredith <*' . , ;- Victor Ratkus - .. City of South Burli~igtou 575 OORSET STREET SOUTH BURLINGTON, VERMONT 05401 June 27, 1985 Lance Llewellyn Fitzpatrick-Llewellyn, Inc. The Kiln 15 Brickyard Road Essex Junction, Vermont 05452 Re: Private Sewer Line extension, Spear Street Dear Lance: This letter serves to confirm the City's approval of the sewer line extension to lots #1 through #6 on Spear Street owned by Messrs. Murphy, Brown, Meredith and Ratkus as depicted on your plans entitled "Private Sewer ~xtension" dated 6/12/85. This approval is contingent upon the stipulation of Bill Szymanski that MH tP3 knockout should be 8" so that the sewer extension can serve other properties on Spear Street. Also, upon application of each building permit, a sewer connection fee oE $2.50 per gallon based on 150 gallons per bedroom will be charged. At this point, we will reserve 450 gallons per lot for these connections. In order to maintain this allotment, the owners should connect as soon as 'possible. Please call me if you have any questions. ! Sincerely, J aaecr;~ Jane S. Bechtel. City Planner cc: Victor Ratkcs Ray Murphy , Maur ice Brovn Robert C. Roesler Richard C. Whitllesey Marsha Smilh Meekins P.0. Box 488 131 Main Street Butlington. VT 05402 (802) 863-1 182 September 12, 1988 Mr. William Szymanski, Town Manager Town of South Burlington 365 Dorset Street South Burlington, Vermont 05403 Dear Eill: Anne Ratkus, her husband Victor, and others have consulted with me in relation to the Quitclaim Deed from Raymond and Carolyn Murphy, Maurice and Jean Brown, L. Douglas and Laura Meredith and Victor and Anne Ratkus to the City of South Burlington for the sewer line that crosses in front of their property on the west side of Spear Street. I have reviewed that Quitclaim Deed which 1 in fact drafted. This Deed grants the City of South Burlington an easement to maintain that sewer line and =epair it if necessary. It does not grant, in my estimation, to the City the ownership of the line as the Deed specifically refers to a "private sewer extension". The intention of this document was to allow these lots to have access to the City's sewer system through Gerry Milot's condominium project which is to the southwest of these lots. I believe it was .also intended to complete the loop as the sdwer line goes north on "the west side of Spear Street. As you are aware, the line was installed at the expense of my clients. The City basically said that they would maintain the line, as my clients installed it. At na time was ownership by the City discussed. Therefore, I believe ownership remains in my clients. Based on that ownership, if others wish to tap into the line I believe a reasonable tap in Eee could flow to my clients to help them offset the expense of the installation. No one wishes to get into a dispute with the City over this matter. However, the expenditure involved here was a substantial one, and the recoupment of a portion of that expense is only reasonable. I am sure that you will review this matter with Steve Stitzel and I look forward to hearing from one or the other of you as quickly as possible. Thank you very much. Very, truly, yours, . . -- p,, I . ,p, ;$ i,d., / ~obect-C. Roesler RCR:crnd cc: Steven F. Stitzel, Esq. ?Ar ..-. . Anne 0. Ratkus Roben C. Rwsler Richard C. Whinlesey Manha Smith Meekins P.0. Box 488 131 Main Street Burlington. VT 054432 (802) 863-1 182 September 21, 1988 MS. Anne 0. Ratkus Endodontics 227 Colchester Avenue Burlington, VT 05401 Re: Sewer Line / City of South Burlington Dear Anne: Bill Szymanski called me on Monday the 19th of September in response both to your phone call to him and my letter to him. The City is sticking quite firmly to its position that the deed which was signed some years ago conveyed not only the easement but also the pipeline to the City. They base this position on their previous experience with Jerry Milot and Stu Ireland to the south. As you will recall, the line which-is on the westerly side of your property and that of others on Spear Street came up from the south and proceeded in a northerly direction. It hooked on to the property or to the line that was on the than Milot property where the condominium project is currently located. Mr. Milot hooked on to a line previously built in the Meadow Wood at Spear Development by Stu Ireland. Mr. Ireland connected'on to a line previously constructed by Green Mountain Power. None of the parties previous to you were reimbursed by you when you hooked on to their line, Therefore, the City's position is that you should not be reimbursed when someone to the north hooks on to the line at your northerly boundary. If a line were to be run up across your property from Laurel Hill South, certainly anyone running that line up would have to obtain an easement from you and you could be reimbursed at that point. At this juncture your alternatives are to live with the situation as it exists, accepting the City's position or contesting the City's position probably through a Declaratory Judgment action in which the Judge would interpret the deed. The Declaratory Judgment action and the deed interpretation would be based primaril on the document itself but also because it is somewhat ambiguous on the testimony of you and the other landowners and the testimony of Bill Szymanski and others for the City. The cost of bringing and 1 Ms. Anne 0- Ratkus September 21, 1988 Page 2 prosecuting a Declaratory Judgment action would be at least $2,500.00 and could run as high as S5.000.00. I am sure you will want to consult among yourselves before making that decision and if you need any further comments or thoughts from us, please let me know. Very truly yours, ~obert C. Roesler RCR/dmv cc: Douglas Meredith Robert Cooper Robert Hoehl City of South Burlington 575 DORSl3 STREET SOUTH BURLINGTON, VERMONT 054.01 TEL. (802) 6S7953 OFFICE OF CITY MAHACER WILLIAM I. SZIMAHYI September 26. 1388 Robert lloehl 1 South IliCL Drive Esses Junction, Vermont 05452 [)ear Bob: i Dick ~arker as you know is ansious to connect his home on Spear Street t.o Ll~e City sewer system. llis private system is old arlcl i t.s i<)c;,ation urllirrolrr~. I have also been encouraging him to do so and it is my undersLanding he is seeking your permission to rllrl a se~.vicr line nlorlg the southerly 1.ot line of your Spear St,reet. prol,c!rty to i.l\e sewer main located westerly across your 1)ropert.v. 'I'his sewer along 1rit.h all sewer lines from Shelburne Iload [.<I 1,11j..s area !rere constrlrcted by privnte individuals and turr~ed u\.er' 1.0 Lhe City and it has been the policy of the City to nl low anyone that cnn nccess n public sever to hook on provided I.hi5ro is capacity in the lines and the sewer plant which we have. II' nt~d IJ~IP~ R sewer line is constructed on Spear Street in the vir.:ini ty ol' Mr. Barker's service, that service will be connected OII 1.n t.tlr sewer and the sewer noross your pr0pert.v will be al)rlndor~ed . Your cor,per.ation in t.h.is matter will be appreciated. Very truly yours, 4 \<.IS /lllC.~, cc: Dick Barker September 30, 1988 Mr. William Szwmanski City Managdr City of South Burlington 575 Dorset Street South Burlington, VT 05403 i Dear Bill: : I received'your letter regarding the sewer line yesterday. I am certainly willing to co-operate in any way feasible. I've had several conversations with Dick Barker already. a The following issues are currently areas of concern for me, and I believe preclude doing anything in the near term future: 1. While I am confident that we will prevail in our efforts to retain our building permit in court, it is not final. It seems inappropriate to be granting easements when I don't really know how I'll be able to use my land. The final form of permanent zoning raises the same question. 2. The city is in the process of improving and raising the overlook. Because of this and the lateness of the season, we will 'not finalize our grading on the south side of the house until next spring or summer. Given that, we will not know what the final topography will be. I don't see how one could put a sewer line in now, what with clearouts every 100 feet and all not knowing where the ground level will wind up. 3. The rerouting of the storm drain in front of our property has yet to be resolved. It is the plan to run it to the south side of the house and down the southern property line. This a.lso creates problems for determining now where a sewer line might be placed. Page 2 4. I have no idea yet as to what our landscaping will be. This causes difficulty in determining the impact of the required clear outs ever 100 feet in the front and back yards. 5. The sewer line in question was paid for by the owners of the six properties along Spear St. The cost was substantial, somewhere around $30.000. It seems reasonable to me, and I know that it is the position of the other property owners, that anyone receiving benefit of this expenditure should share in the cost. I understand a charge could be levied for the easement to reach the line across someone's land. It is my understanding that at least one other party was quoted a price of $5,000 by one of the other property owners. It seems reasonable to me that an appropriate charge might be 1/7 (6 ocig. properties plus 1) of the original cost. Naturally, if further arrangements were made with others in the future, a similar formula could be used with the sacker's receiving a proportionate share as a rebate. In general, I feel there is still so much up in the air that now would be a very difficult time to deal with this. If you have any ideas that would help to resolve these issues, please let me know. I'd be happy to discuss this with you further and try to work out an arrangement that is mutually satisfactory to all parties. Please let me know what you think. Sincerely, Bob Hoehl cc: Dick Barker RHH : dh QUIT CLAIM DEED KNOW ALL UEN BY THESE PRESENTS that RAYMOND J. MURPHY and CAROLYN H. HURPHY, UAURICE A. BROWN and JEAN B. BROWN, L. DOUGLAS HEREDITH and LAURA 5. MEREDITH and VICTOX L. RnTKUS and ANNE 0. RATKUS of South Burlington in the County of Chittenden and Seace of Vennonc, Grantors. in the consid- eration ot TEN AND MORE DOLLARS paid to their full satis- faction by CITY OF SOUTH BURLINGTON of South Burlinqton in the County at Chittenden and State of Vermont, Grantee, have REHISED, RELEASED, AND FOREVER QUITCLAIMED unto the 1 said CITY Of SOUTH BURLINGTOIl all riqht and title which I UYHOND J. KURPHY and CAROLYN H. MURPHY, MAURICE A. BROWN i and JEAN 8. BROWN, L. DOUGLAS WEREDITH and LAURA J. MEREDITH ! and VICTOR L. PATKCIS and ANNE D. RATKUS or their heirs I have in, and to a certain easement for sewer purposes located I in the City oE South Burlington. County of Chittenden and / State of Vermont, described as follows, vir: 1 I Easement to be 28.49 feet in width commencing at I a point which pine is located at the westerly terminus OK che following described line: Colnmenclng at a poinc on the vssterly side of Spear Street, so-called, I withfn the City of South Burlingcon and proceedinq N 70 47' 18" U a distance of 158.07 ieet to a point: thence proceeding N 86' 08' 20' w a discance of 118.70. feet to the point or place of beginning of the ease- me:t: rhence turninq to the left and proceedinq S 49 16' 25' W 1 distance of 149.42 feet to s point] thence continuinq in said course 136.13 feet to a I polnc: thence continuing in said course 195.24 feet to a point: thence turning slightly to the left and proceeding S 49' 16'25' W a distance of 2.90 feet to a polnc: thSnce turning slightly to the left and proceeding S 15 33' 45' W a distance of 166.12 feet to a point1 thence proceeding in the same course 20.38 feer a point.: riience proceedinq in the same course 193.43 feet to a paint: rhence proceedinq in rne same course 142.84 feet to a point: thanc: turning slIqhtly to the left and proceedinq S 26 53' 30' W a distance of 55.74 feet to a point: thence turning to the riqht and- procecdinq N 72' 42' 22' kl a distance of 20.28 feet to a point, which point Is the aouchwescerly terminus of the easement: thence turning to the riqht and proceedinq N 26. 53' 30' E a distance of 60.61 fcec to a point: thence rurning slightly to the right and procecdinq N 35' 31' 45' E a distance of 139.19 feet: thence continuing in the same course 191.69 feet to s point: thence con- cinuinq in the same course 190.18 [cet to a poinc: rhence turning slightly to the right and proceeding N 15' 33' 45' E a distance of 2.63 feet to a point; ChenTe turning slightly to the right and proceeding N 49 16' 25' E a distance of 193.42 feet to a point: thence proceeding in the same course 131.30 feet co a point; thence proceeding in the same course 139.69 feet to a point which point marks Che north- vescerly terminus of the within described easement; rhence turninq to the riqhc and proceedinq S 86' 08' 20' E a distance of 28.49 Peer. to the point or place of bepinninq. This easement is granted pursuant to the condition chat it be used sololy tor a private sever extension and is nor intended in any manner to grant a fee interest in the previously described corridor to the within Grantee, The within Grantee agrees that by acceptance of this easement that when any construc- rlon takes place within said easement the within Grantee shall restore the surface of the ground to the condition in vhich it was found. The within Grantee by acceptance of this easement hereby agrees to hold the within Grantors harmless from any and all liability arising out of the construction, main- tenance and use of said sewer easement. The within Grantee by acceptance of this easement hereby grants to the vithin Grantors the riqht to hook on to said easement for each of the lots owned by the within Grantors. Being all and the same easement as set forth on a plan entitled "Sewer Extension, Site Plan", prepared by Fitzpatrick-Llewellyn, Inc.. dated November. 1995 a copy of which plan is to be recorded in the Cicy of Souch, Burlington Land Records. TO HAVE AND TO HOLD all right and title in and co said quirclaimed premises, with the appurtenances thereof. to the said CITY OP SOUTH BURLINGTON, its successors and assigns forever. AND FURTHEPAORE, we the raid RAYMOND J. MURPHY and CAROLYN 8. MURPHY. MAURICE A. BROWN and JEAN 8. BROWN. I.. DOUGLAS MEREDITH aad LAURA J. UEREDITH and VICTCR L. RATKUS and ANNE 0. RATKUS do for ourselves and our heirs, executors and administracors. covenant with the said CITY OP SOUTH BURLINGTON, its SUCC~SSO~S and assigns, that from and atter rhe ensealinq .of chese presents, we, the raid RAYMOND J. MURPHY and CAROLYN M. MURPHY, MURICe A. BROWN and J~N 8. BROWN. L. DOUGLAS MEREDITH and LAURA J. MEREDITH and VICTOR L. RATKUS and ANNE 0. RATKUS, will have and claim no right, in, or to the said quitclaimed premises. I IN WITNESS WHEREOF, 4 seals this day of - we hereunto set our hands and -, 1981. 9 ' ,I '1 , .. <,. 4- 4,): *;,&, Laura J. Meredith I STATE OF VERHONT CHITTENDEN COUNTY, SS. 4 / Ac South Burlington. this A day of d~,4(~.3 , 1985, personally appeared RAYUOND J. MURPHY and CAROLYN . UURPHY, U4URICE A. BROWN and JEAN 8. DROWN, L. OOUCLAS MEREDITH and LAURA J. MEREDITH, and VICTOR L. RATKUS and ANNE 0. RATKUS, and they acknovledged chis instrument by them sealed and subscribed, to be their free act and deed. Notary Public