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Home My WebLink AboutBATCH - Supplemental - 1550 Dorset Street/.7 &eyseT J7 . 4(YG,hr o,J. 4 4 �S/a�YS Original Inspection Report Location............ OTH BURLINGTON FIRE DEPARTN. Fire Prevention Division Date.......;J.oyemiler....1.3,1g72:.......... 1550 Dorset Street Sv.rse 3arbra Chittenden ............................................................................................................,.......................................Owner................................................................................................................................ Address.,.._ ......... ................ Same .............................................. _.................................................. ................City........S:o,u h.....Burl. n ton.......... Vermont ... .. y state. Occupancy..__._.............ouseho1C3................,...............................................:............. Number ofStories.............................................. 2V t ...............................................................................Height............................................................ Type of Construction .......................goo Accessibility :........._......._Dorset "5t. ................................................................................................................................................................................................................................................................... Number of Exits.....cr...:.TJ° s-each floor . 1.-,. T� Type of Roof...........1t1�.O.o.C�.......r�..'t.h,l�.�,��«�'a.r�"......................................................................................... �Y.............................................................. Fire Escapes... ...._ ExitLights. .............................................. Hall Lights ........... .,...................................................................... _................. Left On All Night ................................................................................................. Typeof Heating Equipment ............. U 1............................._..........................................._............:.........................Other Fuel Using Equipment................................. .... ...l...............:.:............,.........::......................................................... Inflammable Liquids Kept and Amount Conditionand Type of Wiring...............................................................................................................: ........(Current Carrying) .................................................................. Type Fuses .......................................................... Locationof Main Switch ..............................::.........................................................................................................................Method Used for Rubbish....................................................................:............................................................................... Conditionof Chimney............................................................................................................................................................General Housekeeping Conditions ............... ................................................ ....................... ....................................... Number and Type of Fire Extinguishers ...................................... _........................................................................... What Special Fire Hazard Does Building House ............................................................................. HasBuilding A House Fire Alarm?....................................................A Fire Alarm Box ...................................................................................... .............A Sprinkler System.............................................................................................., Occupancy by Floor Numberof People Working................................................................................................................................................Number of People Sleeping........,'.................................,............................................................................................... NearestFire Alarm Box......................................................................................................................................:........:...........Nearest Fire Hydrant .............................................................................................................................................................. Second Nearest Hydrant.......................................................................................................................:._............................Has Basement a Floor Drain? If so, where located? ................................................................................ PanicBars................................................................................Stairs Enclosed ....................... _....... .................................. Gas ................................................................................................. Location Shut-off ................................ ._........ ............,..... Subject; xN NS OF EGRESS Monthly Inspection Due, ......................................................................................................................................................... ORDERS: Means of egress from second floor through a window,which leads to a porch roof then onto the ground is permissible. (window is located on the north side of building) From the porch roof to the ground is only an eight foot (8t) drop. ORDERS: Window used for Fire Escape shall be a double hung window, and such window shall be so eounterbAlLanced'and maintained that they Carl be readily ppened with a minimum of physical effort. Insert screens, if any, on any type of opening,; giving access to Fire ;scape shall be of types that may be readily opened or pushed out. No storm sash shall be used on any window providing; access to Fire Escape, yindow shall have a clear opening of not less than 22 inches in least dimension and 5 square feet in area,with the bottom of the opening not more than 4 feet above the floor. cc Richard Ward Zoning Administrator The above orders must be complied with, within.__ days from date of this inspection. When completed, please certify by signature in space provided below and mail to the SOUTH BURLINGTON FIRE DEPARTMENT, Bureau of Fire Prevention, South Burlington, Vermont. Inspector i (We) hereby certify that the above recommendations have been complied with. Drato completed.___. Signed�r 1 Csts5/70 The Printer - - Owner Fovember 31 1972 Mr. & Mrs. Royal Chittenden 1550 Dorset Street South 7urlington, VT 05101 Dwar A. & Mrs. Chittenden: Pa advdseq that the South Burlington City Council sanctioned your request for a zoning variance. The Council has stipulated that a fire escape be constructed and be approved by this of!ice; that the variance is granted to the current owhers and that an adequate sewer s;stem be maiqtained to allow for i two 7amily dwellin°. It has also been brought to my attention that you are axperiencinj troubles with the tewer system with your rental unit. T' this Is thn case, you will be requirad to make corrective repairs. Prior to construction of your fire er"ape please contact Fire Chief Monell. He will advise you on the proper ty,,c) or fire escape "',flowed. Very truly' fchard Ward, Zoning Administrative Officer ZONING BOARD OF ADJU9,,iIM ANT MEETING ) OCTOBER 4. 1972 The South Burlington Zoning Board of Adjustment held a public hearing at the South Burlington City Hall, Conference Room, 1175 Williston Road, South Burlington, Vermont on Wednesday, October 4, 1972. Richard A. Myette, Chairman called the meeting to order at 7:40 p.m. MEMBERS PRESENT Richard A. Myette, Chairman; Robert M. Martineau, Sidney Poger and Alan Sylvester. MEMBERS ABSENT Frederick J. Fayette, Jr. OTHERS PRESENT Richard Ward, Zoning Administrator; James Wesson, Walter Wesson, )Henry Atherton, Phyllis H. Atherton, Arthur Baillargeon, William Duff, Barbara Chittenden, Ruth Baker, Russell Baker, Charles Hoilman, Alan Palmer, William Feeley, Walter LaBounty, Wilbur Bull, Roland Wilbur, Ann M. Wilbur, Mr. Lindberg, Betty Mclaine and Mrs. London. APPEAL #1 OF ROYAL & BARBARA CHITTENDEN Appeal of Royal & Barbara Chittenden seeking a variance from Section 5.10, Use regulations of the South Burlington Zoning Ordinance. Request is for permission to convert an existing dwelling to include an efficiency unit, on a parcel of land located at 1555 Dorset Street. Mr. Ward said the area is zoned Residential District A which allows single family dwellings. There is 21120 square feet in the existing unit. The house has a new dormer type construction, the proposal is Ito add a kitchen, no exterior construction. Large driveway existing with two car garage. ) . ZONING BOARD OF ADJUS;4,�1ENT MEETING ) OCTOPER 4, 1972 g APPEAL OF ROYAL & BARBARA CHITTENDENS CONTINUED )Mr. Poger wondered if the apartment would have its own entrance. Mr. Ward said they will use the front door, but will have there own stairway. Mrs. Chittenden said they have the extra room now since the family is grown up and they need the extra income to pay the taxes. Mr. Martineau asked how much land they owned. Mrs. Chittenden said approximately 180 acres. Mr. Myette asked if they had considered fire protection. Mrs. Chittenden said they will do whatever the Board suggests. No further support or opposition.; Board recessed for discussion. Board voted unanimous,y in favor of granting th variance per stipulations: 1. An aeequate fire escape be installed and approved by the Zoning Administrative Officer, and 2. The variance shall run with the current owners and if transferred will have to come before the board again. Mr. Myette welcomed Mr. Alan Sylvester a new member of the Zoning Board. He explained that Mr. Sylvester was just sitting in tonight and would not vote. APPEAL #2 OF JAMES N. WESSON Appeal of James N. Wesson seeking a variance from Section 12.25, Front yard requirements of the South Burlington Zoning Ordinance. Request is for permission to construct an addition, containing approximately 1320 square feet, to the southerly side of the existing building, and within fifty-five (55) feet of the required front yard, at Wesson's ll ZONING BOARD OF ADJUb��IENT MEETING ) OCTOBER 4, 1972 3. APPEAL OF JAMES N. WESSON, CONTINUED Diner, 1110 Shelburne Road. Mr. Ward presented a plan to the Board. The area is zoned Business District A, the use is allowed. The lot size is 200' x 150' which equals 30,000 square feet. Existing building is 43' x 32' = 1376 square feet, proposed addition is 36' x 321 - 1152 square feet for a total of 2,690 square feet. The rest rooms will be 12' x 141. Plan shows 50 parking spaces, 25 are required. Yard requirements are 15 foot side yards, plan shows north side yard 70 feet and south side yard 52 feet. Front yard minimum is 75 feet request is for 55 foot front yard. The new addition will almost double the size of the diner. There is an existing green belt in the front. ,= F Mr. Wesson said the proposed addition gill set back two feet from the )present diner so it will be 57 feet instead of 55 feet. He will be moving the rest rooms as he needs larger ones with the addition and because of state law. He presented a sketch of the new front that will be put on the existing diner which will correspond with the new addition. There will be two fire. doors. The new addition will be a dining room and the present diner will remain the way it is. Both parts will be served by the same door and kitchen. He stated that he can not move the addition back because he would not be able to use the same entrance for both parts. He said he will pave the whole park- ing area in the spring after the addition is finished. No further support or opposition. Board discussed the appeal. )Mr. Martineau asked if the operating hours would be changed. Mr. Wesson said no. 4',ONTN(; I�OAPA) OP ADJUL GC IOBE}Z +, 4. 1972 APPEAL OF JAMFS N. WESSON CONTINUED Board voted unanimously in favor of granting the variance per stipulations: 1. rendering presented should be substantially adhered toy 2. the required amount of parking area under the ordinance must be surfaced and spaces lined off, 3. review of existing curb cut by City Engineer, and 4. additional buffer area on the north west corner. APPEAL OF FREEMAN, FRENCH & FRE MAN (TABLED FROM SEPTEMBER 0 1 2 Appeal of Freeman, French & Freeman, Agents seeking a variance from Section 12.25, Front Yard Requirement of the South Burlington Zoning Ordinance. Request is for permission to construct an office complex - PO' x 70' in size within 60 feet of the required front yard on a site located at the intersection of East Terrace and Williston Road. Mr. Ward said on the lot presently is the Chittenden Bank and the old )police barracks. Both buildings will be removed and a 4 story office complex including a Chittenden Bank will be constructed which is allowed under the zoning ordinance. The building will have ZM,`oO square feet of floor area. The front yard requirement would be 95 feet. They propose to set it back 60 feet. Negotiations have been made for a possible 15 foot lane with the Chittenden Bank, Gaynes and the Mobil Statioh. With the construction of the 15 foot lane the frontage would be cut down to 45 feet. The entrance will be off East Terrace and the parking will be to the rear and side where the present lawn area of the Chittenden Bank is. Mr. Martineau questioned the number of spaces and wondered if they felt there would be enough. 4r. Ward said the requirement is 1 space for every 200 square feet o q f floor area. 110 spaces is minimum. ZONING HOARD OF ADJU,,,_MENT MEI,:TING ) OCTOBER 4 5� APPEAL OF FREEMAN, FRENCH & FREEMAN, CONTINUED Will enter and exit off East Terrace. Mr. William Duff, representative for the Chittenden Bank said they can comply with the zoning, but feel they can come up with a better site plan. With a 95 foot set -back the building would be closer to the ddjoining property line in the rear And they would have to have two rows of parking in front of the building and would need an exit onto Williston Road. With a 60 foot set back all the parking will be in the rear and to the side and they would not need any curb cuts on Williston Road. The building will be of masonry construction. The only tenant presently is the Chittenden Bank. They do not know how many offices there will be as they will have moveable partitions. Mr. Duff said that he felt they have f6o much parking area for the building. No futher support. Mr. Charles Hoilman said he felt there was too much building for the lot. Mr. Myette explained that they could build without a variance if they put the parking spaces in the front and moved the building back. Betty Mclaine said she pays high taxes and feels it will be a hazard and will bottle neck the traffic to a greater extent than it already is. Mr. Bull asked if the building is'set-back 95 fAet how close it would come from the back line? )Mr. Duff said about 50 feet. Mr. Bull asked what the back yard requirement is. ZONTNG BOARD OF ADJIT;i.I)mENT MEETTNG OCTOBER 4 1972 6. APPEAL OF FREEMAN, FRENCH & FREEMAN, -CONTINUED He was told 25 feet, but because of the height of the building you would have to add 20 feet so it would be 45 feet. Mr. Bull said he feels the building should be moved back and they should use a curb cut on Williston Road. Mr. Martineau asked Mr. Bull if�the Bank traffic was a problem now. Mr. Bull said he was not around at the busy hours as he left before the bank opens in the morning. Mr. Atherton said he felt a building of this size on this corner would block of vision of traffic turning and that it was out of context with other buildings in the area. Mr. Myette asked the total depth of the lot. Mr. Duff said it is 220 feet. Mr. Atherton wondered what would prevent them from having a night club on the top floor. Mr. Myette said that night clubs were not allowed in this zone. Mr. Hoilman said he agreed with Mr. Bull and would like to see the building set back 95 feet and a curb cut on Williston Road. Mr. Roland Wilbur said he was also concerned with the height of the building. He said he bought his property on East Terrace so he would have a view of the mountains to the east. He said that this will cut off many of the peoples views. Mr. Hoilman asked if it could be cut down to 3 stories? �Mr. Duff said they wouldn't have enough room. Mr. Martineau asked the height of the building. Mr. Duff said it was 48 - 50 feet. ZONING POAkl) OF ADJU;, , IENT METOTING � 7. OCTOi3t,R 4. 1972 APPEAL 0P FREEMAN, FRENCH & FREEMAN, CONTINUED Mr. Atherton said he would like to see the request delayed to see how the jug handle is going to work out. Motion by Mr. Martineau to table until further studies can be made for a period not to exceed one month. Seconded by Mr. Poger and so passed. TABLED APPEAL OF NORTHERN TERMINALS CO. OF SEPTEMBER 6,, 1972 Appeal of Northern Terminals, Inc. seeking a variance from Section 7.65, Parking area location of the South Burlington Zoning Ordinance. Request is for permission to set-off a parking area containing forty six (46) parking spaces on a parcel of land serving two establishments located in a residential area, at,Laurel Hill Drive and Shelburne Road. �A new plan was presented to the Board. The new plan was discussed and Mr. Myette questioned the type of lighting that was to be used. Mr. Palmer showed a phamplet on the type of lights. They would be 20 feet in height. The Board felt that 20 feet was too high and suggested using the ;type of lights that they have at Lake Buick. They said that the lights were only about 12 feet in height and have a directional light. Board voted unanimously in favor of granting the variance per stipulations: 1. the lights be of the same quality and height as Lake Buick's, 2. the screening be a minimum of six (6) feet in height and planted as per plan submitted' following rear property line, �3. a curb line running from the rear of TwitchellIs Store join the ' curb of the east -west property line of the proposed parking lot, and 4. only one curb cut be allowed off Laurel Hill Drive as per final plan submitted. ZONING BOARD OF ADJDq j MENT MEETING OCTOPER 4, 1972 8. READING OF MINUTES OF JUNE D11 JULY 5. JULY 19 and AUGUST 2, 1972 Motion by Mr. Martineau7 seconded by Mr. Poger and so passed to approve the minutes of June 211 July 51 July 19 and August 2, 1972. Motion by Mr. Poger, seconded by Mr. Martineau and so passed to adjourn at 9:30 p.m. FINDINGS OF FACT 11 CHITTENDEN 1st finding - Not detrimental to surrounding properties. 2nd finding - Hardship pending on high taxes. ) WESSON'S 1st finding - Substantial improvement to property. 2nd finding - Reasonable request? following existing set -back. NORTHERN TERMINALS 1st finding - Reasonable use of property. 2nd finding - Improvement to area. Approved SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 The South Burlington City Council held a regular meeting in the Council Room, City Hall, 1175 Williston Road, on Monday, October 16, 1972 at 7:30 P.M. Chairman Blais opened the meeting with the Salute to the Flag. MEMBERS PRESENT Chairman Frederick G. Blais, Walter Nardelli, Dr. Harold P. Brown, Michael D. Flaherty and Brian J. Gee. MEMBERS ABSENT None OTHERS PRESENT William J. Szymanski, City Manager Paul S. Zerr Iris Mazza Kay Neubert Virginia Kelleher George G. Smith Franklyn McCaffrey Fire Chief Monell Charlotte C. Marsh Free Press Reporter, Leo O'Connor Arlene Krapcho George Wilson William Robenstein Highway Supervisor Audette USE OF TAPE RECORDER Chairman Blais explained that a tape recorder was being used at the meet- ing, not to monitor Mr. O'Connor, the reporter, but so we could have a complete record of the proceedings. He said the minutes would also be taken by a secretary, and the tapes would be stored for as long as the material therein was relevent to current matters. He pointed out that since the minutes were not recorded verbatim by the secretary, sometimes errors in context were made and this would provide a way of checking for accuracy. K SOUTH BURLINGTON CITY COUNCIL MEETING READING OF THE MINUTES OF THE OCTOBER 25, 1972 MEETING OCTOBER 16, 1972 Chairman Blais noted a correction, saying in the second paragraph from the bottom on page 2, where it reads "Mr. Blais said if federal funds were not available the project would die because of lack of matching monies and this would be noted in the warning. He also pointed out that the city was close to its borrowing limit", it should be changed to read "Mr. Nardelli pointed out that the city was close to its borrowing limit". Mr. Nardelli concurred with the correction. Also on page two, :last sentence where it reads "Mr. Blais added that the Planning Commission does not feel comfortable with the existing conditions either but he felt the four areas should be considered separately on the ballot", Mr. Blais said the word comfortable should have been uncomfortable and the words either and separately should be deleted. All agreed. Doctor Brown questioned the figure of a $4,000 option in the last paragraph on page one. City Manager Szymanski said the figure was correct. Mr. Gee motioned to accept the minutes as corrected. Mr. Nardelli seconded the motion which passed unanimously. SIGN DISBURSEMENT ORDERS Chairman Blais reminded the Councilmen that the disbursement orders were on the table to be signed before adjournment. SECOND READING OF THE BURNING ORDINANCE AMENDMENT Chairman Blais read the proposed ordinance as follows: AN ORDINANCE TO AMEND THE ORDINANCE FOR CONTROL AND PREVENTION OF FIRE 3 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 The Council of the City of South Burlington hereby ordains: Section 1. Section 10 of the ordinance for the Control and Prevention of Fire adopted December 21, 1970, is hereby amended to read as follows: Section 10: Outside Fires No person shall build an outside fire, whether or not contained in an incinerator, receptacle or other enclosure, without obtaining first a written permit therefore from the Fire Chief or his delegated re- presentative and only upon the terms and conditions of such permit. The burning of fuels for cooking purposes shall not be construed as being included in the provisions of this section. Section 2. This Ordinance shall take effect from passage. Chairman Blais explained the intent was to get rid of the smoking, burning barrels, not to get rid of the proper approved gas fired or oil fired incinerators used by commercial firms, and then asked for comments from the Council. Councilman Nardelli asked if there was a fee attached to the permits for open burning. Chief Monell said no. Councilman Brown asked if Chief Monell inspected the approved incinerators. The Fire Chief said he did, and also he inspected the sites when he gave permits for open burning. Chief Monell said Commercial gas fired approved incinerators could be operated any time during the day after being questioned by Mr. Nardelli. After discussion Miss Marsh remarked that we were evidently trying to clear up the smoke. Councilman Nardelli felt the ordinance was not clear since it designates incinerators, receptacles, or other enclosures, and the commercial type is called incinerator. Mr. Blais said the true intent of the amendment to the burning ordinance is to eliminate burning in barrels. Councilman 4 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 Brown wondered if the intent wasn't to eliminate all burning except that in the commercial incinerators. A discussion about burning in meshed containers took place and Chief Monell asked if he would have to inspect what was being used at homes if this ordinance went through as worded. lie felt he would be deluged with phone calls asking for inspections. Mr. Nardelli said he could remind residents that we .have a good landfill. Chairman Blais said he thought the ordinance reads like it does because of persons residing in outlying areas who feel the clean burning is acceptable because there are no close neighbors. It is to forbid burning but to leave the door open to the few exceptions. It was further discussed and Mr. Nardelli made a motion to reword the warning, to consider this the first reading, and to advertise it for a second reading as follows: The Council of the City of South Burlington hereby ordains: Section 1. Section 10 of the ordinance for the Control and Prevention of Fire adopted December 21, 1970, is hereby amended to read as follows: Section 10: Outside Fires No person shall build an outside fire contained in an incinerator, receptacle or other enclosure. The burning of fuels for cooking purposes shall not be construed as being included in the provisions of this section. Section 2. This Ordinance shall take effect from passage. Mr. Flaherty seconded the motion which passed unanimously. Mr. Szymanski, City Manager, was instructed to have copies of the original ordinance in the Councilmen's envelopes. 5 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 SANCTION USE VARIANCE OF CHITTENDEN, DORSET STREET, WHICH WAS APPROVED AT ZONING BOARD OF ADJUSTMENT MEETING OF OCTOBER 4, 1972 Chairman Blais read the following from the Zoning Board's minutes: "Appeal of Royal and Barbara Chittenden seeking a variance from Section 5.10, Use Regulations of the South Burlington Zoning Ordinance. Request is for permission to convert an existing dwelling to include an efficiency unit on a parcel of land located at 1555 Dorset Street. Mr. Ward said the area is zoned Residential District A which allows single family dwellings. There is 2,120 square feet in the existing unit. The house has a new dormer type construction, the proposal is to add a kitchen, no exterior construction, large driveway existing, with two car garage. The Board voted unanimously in favor of granting the variance per stipulations: 1. An adequate fire escape be installed and approved by the Zoning Administrative Officer. 2. The variance shall run with the current owners and if transferred will have to come before the board again". Discussion centered on the fact that there are three Chittenden homes in the area and the City Manager was not sure just one was being con- sidered. There was no one from the Chittenden family present to clarify the matter. Because of this Mr. Nardelli made a motion to table any action until the exact house was determined, hopefully for the next meeting. Mr. Gee seconded the motion which passed unanimously. RED ROCKS COMMITTEE ASSIGNMENT Chairman Blais reported that there was a lot of confusion as to whether or not the past Council had disbanded the Red Rocks Committee which was made up of some of the Natural Resources Committee and the Recreation Committee plus a few additional interested persons who were to work with city officials to determine a program for the best use of Red Rocks. He said he was unable to find in any minutes that the Committee had been disbanded and this should be clarified. 6 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 Dr. Brown said his feelings were the committee was still formed, but last year they didn't have much business to do and they were kept on as a committee for the future. The Committee is made up of the following: Mrs. Barbara Bull Mr. Thomas Breen Professor Frederic O. Sargent Mr. Peter L. Yankowski Mr. -Donald Rathbone He said that Evan Archer, a former member had left town, and Mr. Flaherty was not on the committee now due to his election as a Councilman. Chairman Blais then said I feel the Committee is still in force, that we want them to continue their operation, as well as to determine the programs of use for next year. Also a Rules and Regulations Ordinance should be drawn up. Councilman Flaherty said he thought Mr. O'Neill should check to see if all are still willing to serve and that Mr. O'Neill should be in charge. Mr. Nardelli said there had been a great deal of misunderstanding , that the group should be contacted when any changes are made and that they should have been contacted when changes were made. City Manager Szymanski said he had worked with the architect, and Chairman Blais said any changes that were made were by Council action with the members of the Red Rocks Committee in attendance, that no changes were or could be made until the B.O.R.and the Council concur. Councilman Nardelli requested that the Red Rocks Committee be invited to attend the next regular meeting at which time it could be given a charge. Chairman Blais said no motion was required. 7 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 REVIEW CONTRACT WITH B.R.T. FOR BUS SERVICES Chairman Blais remarked that he could see no difference between the agreement as presented and the Council's resolution. Mr. Flaherty asked how many buses have been taken off the South Burling- ton runs and Mr. Blais said 4. Mr. Flaherty questioned the fact that although they have reduced South Burlington's runs by four we are still being charged 12.17%. Mr. Blais said the Public Service Board had agreed with B.R.T. on this. Mr. Flaherty pointed out that the runs taken from South Burlington were being used to transport the Burlington school children, and if the agreement is signed now we are, in effect, agreeing to special school service without any lowering of the percentage. Mr. Gee read the pertinent parts of the agreement in regard to the special services and noted that Mr. Nardelli had reported that South Burlington's cost for running its school buses is $65,000. Chairman Blais said it was brought out during the negotiating meetings that the Public Service Board had no juristiction over the buses used for special services (school runs), just the public transportation aspect. He said our contribution as of now is figured at 12.17% of a projected operating deficit up to a maximum of $57,000, but that the consultants who worked with the negotiating committee felt the deficit would be less. Also that the City's share of the 100% toward the deficit was not to exceed $5,700. Councilman Nardelli noted that in a way we are underwriting a private concern. Chairman Blais said presumptively B.R.T. took 4 runs from South Burling- ton, 2 runs off Essex and 1 run off Winooski until an agreement is A SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 arrived at with the four communities and the School District. Mr. Nardelli questioned why the Burlington School District would be included in the negotiations for the $3,500 special services cost since they were receiving the benefit of having the school runs. Chairman Blais suggested a motion deleting the words as set forth in Exhibit A "special school, service." Mr. Nardelli pointed out that we did sign the resolution which had no reference to school services. Mr. Flaherty then read over the contract and felt we should not delete the words "and any special school services" because if we default on that B.R.T. could terminate the agreement within 10 days, then we wouldn't have a bus line and what we are trying to do is keep the buses running in South Burlington. Chairman Blais said we did not want to be in default of the subsidy. Dr. Brown suggested accepting the contract with reservation on the special school run item. Councilman Nardelli asked if we could defer signing the agreement and get a recommendation on it. It was agreed that the Council should take some action now since the billing for the previous month will be made on the 25th. Councilman Flaherty then made a motion to accept the contract as is with the exception of Article 4 where we ask for a recomputation of the 12.17% rate of subsidy based upon special school service for Burlington as shown in Exhibit A since the special services are at the expense of South Burlington. Councilman Gee seconded the motion which passed unanimously. SOUTH BURLINGTON CITY COUNCIL MEETING a OCTOBER 16, 1972 DISCUSSION ON "LOCAL BUSINESSES" CHARGES ON USE OF LANDFILL Chairman Blais put this item on the agenda because he said he had been approached by business men in town who pay a substantial amount of taxes and don't feel they should be charged to use the landfill when they bring their refuse in their own truck. Mr. Szymanski, City Manager explained that trucks were charged for each load, the price being determined by the size of the vehicle, $1.00 for small pick-up trucks and more for larger ones. Highway Supervisor Audette remarked that the business firms could reflect the cost in their charges to the customers. Mr. Robenstein asked how much it cost to operate the landfill and Mr. Szymanski told him it was about $60,000 annually, approximately $6.00 per capita. Chairman Blais commented that the cost to some businesses was substantial, but added that he did not believe the rule can be waived at this point Gi nre t-hi c re;reni1 iS n^.:d built into our tax rate. Councilmen Nardelli and Brown had a discussion on the pros and cons of tax relief to the businessmen since this charge is an added expense in the course of operation. No action was taken and Chairman Blais said that it certainly was an item to be kept in mind since it may come up again at budget time. 10 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 PROGRESS REPORT ON THE PREPARATION OF THE NEW ZONING ORDINANCE, MASTER PLAN AND SUBDIVISION REGULATIONS City Manager Szymanski said that Planning Commission Chairman Lamphere was unable to be present but he had given Mr. Szymanski the following report: Zoning Ordinance - we expect the final draft from Attorney Ewing this week. The draft will be in the hands of Planning Commission members this week and the Commission will meet in work session with Mr. Ewing and with Planning Consultant Dr. Hollister Kent. Next week we expect to print the draft of the Ordinance and advertise it for final reading. Master Plan - The Master Plan will be adopted simultaneously with the Zoning Ordinance. The Planning Commission has reviewed the rough draft and returned it to Doctor Kent for finalization. SIGN ORDINANCE - This is now completed and can be in the hands of the Council for first reading at the next meeting if the Council so desires. SUBDIVISION REGULATIONS - The Subdivision Regulations will be adopted after the Zoning Ordinance and Master Plan, together with an official city map. City Manager Szymanski said that he and Mr. Lamphere were reviewing the Subdivision regulations and are about 50% complete. In answer to Mr. Flaherty's question as to the number of public hearings we would hold on the Master Plan, Mr. Szymanski said only one was required. Councilman Nardelli commented that he would like the Sign Ordinance prepared for a first reading at the next Council meeting. 11 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 Chairman Blais said he would request the Planning Commission to hold additional public hearings on the Master Plan so the public could be informed. Mr. Szymanski explained that the Master Plan and the Zoning Ordinance are considered at one time, and then the Subdivision Regulations and Official City Map will be taken up after. Mrs. Neubert spoke about the lack of knowledge concerning the Master Plan and Zoning Ordinance. She felt strongly that the public's wishes in regard to lakefront zoning and other areas were not being considered. Chairman Blais explained that at the Public Hearings with the Planning Commission ammendments to the Zoning Ordinance can be made as well as when it goes to the Council. He told her the meetings would be advertised and he hoped the press would give the meetings a lot of coverage. He also said he expected the ordinance would be printed so that the public could have copies to refer to at the public hearings. In answer to a question from Miss Marsh Doctor Brown said his under- standing was that Dr. Kent will attend the Planning Commission Public Hearings. FEES FOR SUBDIVISION APPLICATIONS AND APPROVALS Dr. Brown and Mr. Flaherty explained how the Council became involved with the fee schedule and he and Mr. Flaherty detailed the steps leading to its submission by Mr. Ward to the Council and then to the Planning Commission. Councilman Nardelli felt the schedule as first presented was very elementary and felt we should adopt a resolution as suggested by Attorney 12 SOUTH BURLINGTON CITY COUNCIL MEETING OCTOBER 16, 1972 Ewing until the schedule was finalized with more depth. City Manager Szymanski was asked to get a copy of the fee schedule with the latest corrections and date. The Council then considered 10 and 11 the next two items on the agenda and called a short recess while Mr. Szymanski was out of the room. Chairman Blais read the.Fee Schedule, a copy of which is attached to and made a part of these minutes. City Manager Szymanski said he had consulted with the City Attorney and was told the setting of fees was an administrative function subject to Council resolution. He said this was true on the sewer fees. He was instructed to check with the City Attorney again to see if this would apply in regard to Subdivision Regulations. Councilman Nardelli then made a motion to adopt the Fee Schedule of September 12, 1972 in accordance to 24 VSA, Section 4418, as follows: "For the administration of subdivision review, the legislative body may establish reasonable fees which may include the cost of publishing notices and holding public hearings and for periodic inspections during the installation of public improvements. Such fees shall be payable by the applicant upon submission of the application for plat approval." Mr. Gee seconded the motion which passed with two negative votes by Councilman Brown and Chairman Blais. ACCEPT LOW BID OF $21,976 FROM ENGINEERS CONSTRUCTION COMPANY FOR RED ROCKS DEVELOPMENT, PHASE 1, PART II CONSIDER BIDS FOR LANDSCAPING IN RED ROCKS PARK DEVELOPMENT City Manager Szymanski requested the Council to also consider the awarding of a contract for landscaping in the Red Rocks Park Development along with the contract for the work on Phase I, Part II. 13 SOUTH BURLINGTON CITY COUNCIL MEETING The bids for Phase I, Part II were as follows: Engineers Construction Company $21,976.00 Senesac Construction Company 22,310.00 Brady Tree Service Inc. 28,197.00 OCTOBER 16, 1972 The bids for the landscaping in Red Rocks Park were as follows: W. Drinkwater $ 3,250.00 Brady Tree Service Inc. 3,499.00 W. C. Horsford 3,406.67 Four Seasons Garden Center 3,745.00 Gardenside Nurseries 4,300.00 Councilman Nardelli made a motion to accept the Engineers Construction Company's low bid of $21,976 for Phase I, Part II Red Rocks Park construction and the low bid of W. Drinkwater of $3,250.00 for the landscaping in the Park. Councilman Gee seconded the motion which passed unanimously. Mr. Nardelli recommended that the Red Rocks Committee be advised of the progress on the work on Phase I and II. CONSIDER THE REARRANGING OF HIGHWAY BUDGET EQUIPMENT PRIORITIES TO PURCHASE THIS YEAR A HIGH PRESSURE SEWER CLEANER INSTEAD OF A DUMP MACHINE City Manager Szymanski explained that the highway budget proposed a new machine for the landfill. However we have just put $5,000 in repair- ing the current machine which he felt could be used for another year. He cited the need for a new high pressure sewer cleaner, the cost of which would be only for equipment needed to modify a truck that we obtained thru Civil Defense. The material will amount to about $8,000 and a new machine would run from $30,000 to $40,000. Highway Supervisor Audette concurred with Mr. Szymanski on the need for the cleaner and the fact that modifying the truck would be adequate. Motioned by Mr. Nardelli and seconded by Mr. Gee to instruct the City Manager to ask for bids on high pressure sewer cleaning equipment to be used on a city truck. Passed unanimously. SOUTH BURLINGTON CITY COUNCIL MEETING 14 OCTOBER 16, 1972 Councilman Nardelli made a motion to go into Executive Session at 11 P.M. for discussion on the progress of negotiations of the Dog Catcher contract. Councilman Gee seconded the motion which passed unanimously. At 11:15 P.M. the regular meeting was reconvened. RESIGNATION OF JAMES PIZZAGALLI FROM THE CITY GOVERNMENT COMMITTEE Chairman Blais read a letter from Mr. Pizzagalli in which Mr. Pizzagalli tendered his resignation from the City Government Committee because he is moving out of,the City. The Council accepted his resignation with sincere regret. DISCUSSION ON TEMPORARY USE OF LANDFILL BY CITY OF WINOOSKI This agenda item was not taken up as Mayor Casavant of Winooski was not in attendance. On motion duly made, seconded and unimously voted the Council Meeting was adjourned at 11:15 P.M. Approved Brian J. Gee, Clerk WESSON'S DINER Area zoned Business District A. Use allowed. Lot size 200' x 150' - 30,000 square feet. Building existing 43' x 32' = 1376 square feet Proposed addition 36' x 32' = 1152 square feet Total 21690 square feet (Rest rooms 12' x 141) Parking spaces required 25 - plan shows 50 spaces. Yards required: side - minimum 15 feet Plans show north side yard 70 feet - south side yard 52' Front yard minimum 75 feet Request is for 55 foot yard. CHITTENDEN Area zoned Residential District A Single family dwelling allowed. 21120 square feet in existing unit. Dormer type construction - proposal is to add kitchen, no exterior construction. Large driveway existing with two car garage. Septombor 29, 1972 11,1r. & Mrs. Royal- Chittpn.',en 1555 Dorset Street South 7'nrlington, VT 05401 Dear '';r. & I'Irs. Chittenden: Be advised that the 11outh 1�urlin-ton Zoning, Toard of i'idjust- ,nent will hold a pul)lic h(,-,aring at the City Hall, Conference l d W d 5 Williston Road on enes(ay, October 1- Room) J- '174 �972 at 7:30 P-1r11. to consider your request for a zoning variance. Please plan to attend. Very truly, Richard Ward Zoning Administrative Of-11"icer RW/j SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at'the South Burlington City Offices, Conference Room, 1175 _:Williston Road, South Burlington, Vermont on Wednesday9 day of week at .0 .m. to consider the following: month and date (time) #1 Appeal bf & Fnrbara Chittenden seeking a name variance from Section 5.10 — , Use re.ulations of ) (number) title of section the South B ington Zoning Ordinance. Request is for permission to convert an le'isting dwelling to include an efficiency unit, on a parcel of lad located at 1555 Dorset Street. l97 z a�9�z Hearing Date (-/ Advt. )zt Advertise G days prior to meeting. South Burlington Zoning Board of Adjustment South Burlington, Vermont Gentlemen: I hereby appeal to the Zoning Board of Adjustment for the following variance. I understand that regular meeting dates are the first and third Wednesdays of the month at 7:30 p.m. at the South Burlington City Hall, Conference Room. The legal advertisement shall appear as below, and I agree to pay, either now or before the ad appears, a fee of $30..00 which fee is to off -set costs of holding said hearing. caress <7" Q - C*' Da to SOUTH BURLINGTON ZONING NOTICE The South Burlington Zoning Board of Adjustment will hold a public hearing at the South Burlington City Offices, Conference Room, 1175 ,Williston Road, South Burlington, Vermont on a L2Za , day of we at 7 �u'-_ to consider the foll wing: month and date time Appeal of o ' c.�G "-'``Q'" '�'' c"ll°4"` seeking a (namsO variance from Section / 0 ,� r- ,,� f -a T-' of n- mberT- title of ection the South Burlington Zoning Ordinance. Request is for permission to 44.: ZONING BOARD OF ADJUSTMENT October 5, 1972 Mr. & Mrs. Royal Chittenden 1550 Dorset Street South Purlington, VT 05401 Dear 14r. & Mrs. Chitten(,en: Lie advised that the Sout-ti Durlington '`oning Board of 'Ldjust— ment has approved ynur request for a use variance with the following stipulations: 1. '."hat a fire escape (constructed and approved by the Zoning Administrator; 2* That this variance be granted only to the current o'vmer s * This variance involves land use and therefore, must be sanctioned by the City Council. This will be discussed at the next regular meeting, to be held on "ondiay, October 16, 1972 at 7:30 p.m. at City hall. Please plan to attend. Very truly, Richard 'lard. Zoning Administrative Officer RW/j SOUTH BURLINGTON PLAIMUZ COMMISSION - 3 - May 111 1971 REVISED COnT-TRY CLUB SST 1 TES PLtLN This pertains to Let 30D Revision 5 and Lot 47 Revision /+A --Country Club Estates. Mr. Ward said they are satisfied with a 50 foot right-of-way;. After a revieii of the plan which Imo, Ward presented and 1+1. Szymanski's comment. that he sees no problem, a motion was made by Mr. Haigis and seconded by Yx. Tudhope that the revised plan be approved. Approval was unanimous. GRIT MUMAIiT POIM - DOR.SET SIR= SUB -NATION Discussion centered around landscaping and screening. Mr. Tudhope said he is very much aware of the dangers to screening now in existence when future development takes place and this should be given consideration when landscaping is planned. Mr. Haigis made a. motion that the FlanniM Commission accept the elevation and (see Dorset St.. Sub -station plan as revised 3/29 71 landscape plan as proposed ?with the understanding that any new switchgear and trans- formers will be of the low -profile t,jyne and in particular he would like to have it written into the minutes that the proposal for 1972 for fixture additions -of metal clad switchgear with underground service be continued as proposed and any additions be no higher than the profile. Mr. Tudhope seconded the motion and approval was unanimous. CHITTENDEN SUB-DTVISjQjL Mr. Lamphere explained that this has been declared a sub -division by the City Attorney and the question of a 60-foot right -of wgy must be settled. He also questioned a drainage way on the property and Mr. Chittenden gave him a map showing drainage ways on the property. IV -Tr. Chittenden stated that his father, Royal. Chittenden, had agreed to give a 60-foot right-of-way and he was advised that this must be recorded with the City. Mr. Tudhope waved to accept this: plan contingent upon the setting aside of the 60-foot right of way by the owner of this property. The motion was seconded by Mr. Haigis and approved unanimously. May 12� 1971 I;obert ("hittenden Chittenden Cider Mill Dorset "' treet Snuth F.urlington, VT o54ol Dear Ilob: ','his is to inform you that the South !',,rl,ington Planning Commission has approved your proposal to set-off a lot on Dorset Street. Eefore a building permit can be issued a final plan must be recorded. Enclosed is a copy of the requirements Section 1403. Very truly, -1,ichard Ward z,oning Administrator RW/j April 11F, 1971 John T. Ewingj City Attorney P6 St. Paul Street Burlington, VT 054o1 Dear John: I am enclosing this map to better explain the entire Chittenden division Of. land. Records refer to this land as the "Chittenden home The first parcel which was sold off was to Lucien Demers (F6.9 acres) recorded on May 19, 1965. The second parcel would be On December 21969 with Howard and Tlioyal Chittenden conveying ownership of the Chittenden Cider Mill with all bldljj In April 1969, ten (10) acres each Schmucker (April 301 -r,s 60 Royal Chittenden. howard Chittenden sold two parcels of one to Palkenberg and the other. to 1969). I' ve have another, parcel being transferred to the ,south Burlington Mechanical Contractors, Inc. on December 1, 1970 containing 1.25 acres. From the parcel or '(165 acres), a lot 1601 Royal Chittenden Chittenden. x 3001 was transferred to Thomas NOW9 the question; a site is Proposed to construct a dwelling (as shown in red) by Robert Chittenden this is his land7 that he is a part owner with R, Who claims Chittenden. oyal After having investigated this further, my feelings are that both Howard and Royal Chittenden should be considered sub -dividers. My Point is two fold: 1) on the parcel of Tioyal proposed no right-of-wa Chittenden's we show 1700 feet Of frontage, and they have y, but to date have built two new Mr. John T. Ewing Page 2 April 14, 1971 houses and still have another house with other buildings; 2) with the proposed site by Robert Chittenden, this tells me that the farm is now divided into three different parcels. I am being challenged and have been instructed to seek a legal ruling from you by the Planning Commission. Thanks for your assistance. Very truly, Richard ','ard Zoning; Administrator RW/ j