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HomeMy WebLinkAboutMinutes - City Council - 03/15/1990DORSET STREET CONDEMNATION HEARING 15 MARCH 1990 The South Burlington City Council held condemnation hearing in conjunction with the Dorset Street widening project on Thursday, 15 March 1990, at 7:45 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present Paul Farrar, Chairman; Michael Flaherty, John Dinklage, James Condos, William Cimonetti Also Present Charles Hafter, City Manager; Reg Orvis, State Review Appraiser; Ruth Poger, The Other Paper; Peter Judge, Barbara and Neil Shepard, William Leckerling, R.W. Posey, Janet Emerson, Jim Truax, Jim Carroll, Tony Cairns Mr. Farrar read the warning for the hearing and outlined the procedures to be followed. The City Council will perform a site inspection of the reviewed properties on Saturday, 17 March, from 9 to 11 am. The hearing will remain open until 29 March, but oral testimony will be taken only at tonight's meeting. Written testimony can be submitted through 29 March. The Council's decision will be made by 29 May. a. Parcel #14, Neil & Barbara Shepard, owners Mr. Orvis said the land being taken amounts to .06 acre. There is also a permanent .02 acre slope easement, a sign (which is considered real estate), a temporary slope easement, a temporary easement to reconstruct part of an existing driveway. The state is offering $34,000 in damages. Mr. Leckerling, attorney for the Shepards, advised the Council that the Shepards feel tonight's hearing is not appropriate as they have filed an appeal on necessity. Their appearance tonight does not indicate an abandonment of that position. Mr. Shepard said they do not feel their property will be as valuable for leasing because of the lost of the left hand turn into the property. They are also concerned that the raising of Dorset Street affects their driveway and parking lot. They are also concerned with the slope easement. Mr. Farrar explained that the easement will just change the grade of the slope and allow the state to maintain it in the future. Mr. Shepard said they are concerned with water runoff when they blacktop their parking lot. They don't want to wind up with a water problem as there will be less land available for leech. Mrs. Shepard said she is most concerned with business loss due to the loss of the left hand turn and their resultant loss of income. She felt they would have to rent the property at a lower cost. She said this might not be the case if there were a provision for a turn-around or jug handle. She said there is an overabundance of office space in the city, and if their building doesn't have a left turn in and other buildings do, it takes away from the rental value. b) Parcel #15, Champlain Oil Co., owner Mr. Orvis said that .11 acres is being taken (300 feet of frontage). There are also temporary easements to remove and reset fences, temporary slope easements and a drive easement, and some fence that will be cut off. The State has offered $29,400. Mr. Cairns asked if the State had considered as part of the value of their property the removal of an entrance. Mr. Orvis said it had been considered but no damages were made for the entrance. Mr. Cairns felt that the remaining land was devalued because of the lost entrance to the southern lot. He noted there is still an appeal in court on this issue. He also felt there was a problem in the future when the land becomes used for retail office space. As there will be no left turn into the property, it will discourage customers from patronizing the businesses. He did acknowledge the benefit of having 2 accesses on San Remo Drive. Mr. Cairns said they will submit their own appraisal by 29 March. c) Parcels 29A and 29B, R.W. Realty Associates, owner Mr. Orvis noted the northern end of the property is encumbered by a right-of-way (29B). .01 is being taken from that piece and .10 from parcel 29A. There are also 4 temporary slope easements, a permanent culvert right, and a temporary drive right. There will be 2 permanent construction maintenance easements, and other temporary slope and drive rights. A sign which is personal property is also involved. Mr. Posey noted that he has been fighting to keep his flower garden. He had been told there would be no green belt in front of his building and when he asked that State about it, they confirmed this is true. He said he didn't want any money, he just wanted the land for a green belt. He asked the Council to consider what he had done over the years to keep the city beautiful, and he quoted a retired State engineer who said the property will now "look like hell." He also noted he was being offered less per acre for this property than he was for his other properties that were being taken. d) Parcel #42, Investors Management Company, owner Mr. Orvis said a .24 acre strip of land is being taken. There are also temporary slope, sidewalk and drive easements, a permanent easement to maintain a traffic sign, some lights that are real property and a light pole that is personal property. A total of $69,400 is offered by the state. Mr. Judge said he had 2 problems with the state appraisal. First the comparables used to appraise the land were all on Shelburne Road when he felt there were Dorset St. (#350 and #142) and Williston Rd. properties that should have been used. Secondly, there is the question of the improvements. There are 12 mature trees which are quite valuable and will have to be replaced to make the property look as good as it did before. Mr. Judge noted that the appraiser who did the State appraisal had a conflict of interest as he had been involved in a dispute with his company which may have colored his judgment. Mr. Judge said they are having their own appraisal done. e) Parcel #8, Evangeline Deslauriers, owner Mr. Farrar noted this hearing had been tabled on 1 March. Mr. Orvis said that $56,900 is being offered for frontage lost, temporary slope and drive easements and permanent culvert and ditch rights. Mr. Carroll, representing the owner, asked for the right to extend the period of written rebuttal on lots #5 and 62 as they had been given erroneous information by the City which the state has now refuted. Regarding Lot #8, Mr. Carroll said the property is L-shaped and that the loss of land affects development of the property as there can now be only one strip of parking on the remaining land. He felt the taking of land could be mitigated by how it was done. Mr. Carroll also noted the Shepards are being paid 30% more for their property than this owner is. He also said there is no compensation being offered for loss of trees. They felt the damages might be mitigated with a wall instead of a slope where parking is planned. The City Attorney advised that the Council has the right to grant an extension on parcels #5 and #62 for the reasons statin. Mr. Flaherty then moved to grant an extension until 29 March 1990 for the purposes of allowing the updating of inaccurate data. Mr. Dinklage seconded. Motion passed 3-2. The City Attorney noted the issues of driveway and sign on the South Burlington Realty property should be discusses in Executive Session and he has received a proposal for them. Mr. Stitzel also noted that the Chittenden Bank property was scheduled to be closed today. The bank requested the opportunity to meet with the City officials and also filed a legal memo with the city. As it was impossible for the meeting to take place, the bank wants a continuation until that meeting can be held. Mr. Stitzel felt the meeting could be held next week and the hearing closed by 29 March. Mr. Dinklage moved to extend the date of formal filings for the Chittenden Bank until 29 March 1990 and to the same date for South Burlington Realty. Mr. Flaherty seconded. Motion passed unanimously. Mr. Condos then moved that the Council meet in Executive Session to deliberate and consult with the City Attorney. Mr. Cimonetti seconded. Motion passed unanimously. Adjournment The Council reconvened in regular session. Mr. Condos moved adjournment, Mr. Cimonetti seconded. Meeting adjourned at 11:15 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.