Chittenden County, Vermont City of Burlington, 21 Mar 2023

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From YouTube: Burlington Development Review Board - 3/21/2023

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Agenda: https://www.burlingtonvt.gov/sites/default/files/Agendas/2023%20032123%20Amended%20Agenda.pdf

https://linktr.ee/townmeetingtv

00:00:00 Call to Order/Agenda
00:00:10 Communications
00:00:26 Minutes
00:00:40 15 Conger Avenue (RL-W, Ward 5S) Patrice Stratmann / Nathalie von Turkovich
00:08:41 78 Crescent Road (RL, Ward 6S) John Giebink / Danielle Roberts, Barrett’s Tree Service
00:10:46 Request to re-open review of 98 Sunset Cliff Road

This video belongs to http://www.cctv.org and published with permission under Creative Commons License CCTV Center for Media & Democracy Programming is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

A

We're going to go through them in order of the agenda I'm, not aware of any changes to the agenda. I, don't think anyone else is either we've got all the communications in have been posted, I, don't think, there's any new ones that came in today. So everything relevant to these items has been posted online and.

A

Again, if anyone has any changes to the minutes or which we'll have to work on a procedure for them, but we should figure out how to move minutes around but um anyway, so I'll just move to our first agenda item for a hearing tonight, which is a certificate of appropriateness for 15, Conger, Avenue, zp, 2325, demolish existing warehouse and garage construct. New single family residents with Adu is the applicant here.

A

Yes, yes, all right and can I get you to raise your right hand and anybody else who wants to speak on this to raise their right hand. Do you swear that the testimony you are going to give in the matter under consideration is true and correct under the pains and penalties of perjury I do all right so tell us about your project. uh We have seen 15 Conger Avenue before so. What's what's going on, what's new and what's the plan.

B

Yes, you have seen this project before if it was initially uh permitted as a single family residence a few years ago now by my parents. My mother is here with me and my father is just behind um and they decided to not go through the project at which point I said. Let me give it a go so I took over the project and have altered the design to make it suitable for my needs, which meant adding an Adu to it.

B

So the the design has shifted a little bit um as you can see from the the plans, given it's still a kind of a narrower single family home. The carport now has an Adu above it, and the kind of the style of the building has changed a little bit um but yep overall, that's those are the changes, adding an apartment above the carport structure, to to kind of shift or add additional living space to the the lot.

A

um Now, in the staff report, did you have a chance to look at that and you went to the dab.

B

Virtually yes yeah.

A

But that's the same: um there was a com conversation at the dab about um side, yard setback, compromise, oh front yard. Sorry I was reading the side, yard setback and the dab recommended a seven foot. Is that appropriate? You? Okay with that.

B

uh Yes, so there there's been a bit of a back and forth about the front yard setback. The initial plan that was approved was approved at five feet as we have gone through kind of this round of the process.

B

We've realized that the the setback according to the regulation should be 10 feet, given the average between the two buildings to the the two neighboring buildings and um before fully understanding that section of the code I had hoped there would have been a little bit of room for you know a middle ground between the five foot, five feet and ten feet, uh because any any more square footage on for the building would greatly help the way the plan functions inside, giving it such a small lot.

B

But after communication with the the project managers, we have determined that the 10 10 foot setback is what um is uh kind of non-negotiable by the by the zoning ordinances.

C

I should have added.

B

So, although I would I would love the seven foot setback um the 10 foot sit back is is what we have proposed to um match. The zoning guideline.

A

Guidelines, God I have a question: okay um in one of your affirmative findings as conditioned I. Think this is your project right, yep, oh Gary and I worked on it. um You mentioned that advise to work with uh Public, Works I think on the curb cut yep. Are you recommending that as a condition of approval or.

D

A

um Have you had any conversations with DPW about bringing the curb cuts into compliance yet.

A

um Okay Scott: if that changes our plans, the plans on the project do what do we have to do about that?.

D

uh It depends on the changes. I don't I mean fundamentally, what should happen is the very long stretch of the asphalt along the road should be made into distinct, curb Cuts with the green belt restored. I, don't think that will actually have much bearing if any within the property boundaries.

A

Would we need a new site plan for that at all administratively.

D

um I, don't think so right, because it's in the right-of-way is it conceivable it might affect what's on the property, maybe but I I sort of doubt it, but it's in the right way. Okay,.

A

Brad any questions, I, remember talking a lot about this with you years ago,.

C

A

C

See something actually happen: I bike bite down by there and I see it's pretty much the same money, maybe a little less so seems to be the thing I do have a question: um you've got some part of this is metal, siding and some part of this is wood. Siding am I, understand that correctly.

E

C

It just falls out wood, but I, don't know what kind of is it Pine what you know, what kind of wood you're using on.

B

It's going to be vertical stain ship lap, siding, um hopefully Cedar, but we'll we'll.

C

See, and even though there's some metal roofing shown on the materials is the roofing asphalt or metal the.

B

There's a a small kind of connector between the house and the carport Adu structure that would be standing seam and the the rest would be as follows: shingles.

C

B

C

um I do have a question about trash. How does that work on this building yeah.

B

There's um there's space kind of airport, there's a let's see towards the back of the carport on the right of this kind of the storage area. There's a little wall that juts out to hide the the trash and recycling just.

C

Before you go out that back door, yes,.

C

Sort of uh need to go from no use to lots of use on the property, so it's uh I see it happen. Like I said it's what using the site quite well. Okay, anybody.

A

Else on the board of any questions, I mean it'd, be great to see something other than the garage there. Yeah.

F

Looks like a nice project.

A

um All right well hearing, no more questions. Anyone else here to speak on the application. No anybody all right! Well, uh we'll close the agenda item and given the length of our uh agenda tonight, will probably deliberate shortly after our meeting.

B

Thank you all right. Thank you.

A

Hi, so the next agenda item is 78: Crescent, Road, zp 2357, a request to remove 20 trees, and this was marked on our consent. uh This was recommended for consent approval. So first we don't have a consent agenda tonight, but this was recommended for consent, approval um I'm, assuming you're the applicant or the owner. I'm.

G

Not I'm uh the real estate agent, representing John, KeyBank, okay,.

A

uh So you're here for the applicant then correct all right is there anyone else here to speak on behalf of this application and you are.

B

A

All right and you'll be doing the tree removal right. All right um is anyone else here to speak on this. Would any members of the board objected treating this as a consent? Approval? No any questions. No all right, um I I would recommend that we approve this on the consent. I, don't think we need to open a hearing on.

F

This okay GP 23, 5778, Crescent, Road I, move that we adopt. uh We prove the application, adopt staff findings and recommendations. Brad.

A

Seconds that all in favor.

G

I prepared all these documents.

F

You can still tell us.

G

You can still tell.

A

G

How much time do.

A

We have I, don't know, let's see, um look I, it's a nice. You know, we understand it well prepared. No, it's take down trees.

G

So there you go they're massive Trees, Too Close to a lot of houses, but great great. Thank you. Thank.

A

G

Trees still on the property thanks.

A

For doing the legwork to uh mark it well and thanks for coming in to get tree removal approval before doing it,.

C

Guys see you later.

A

um So we have another business. We have other business item, which is the request at 98, Sunset Cliff Road, to reopen our um hear our hearing on zp23-98 Sunset Cliff Road. Typically, when we've handled requests to reopen, we don't have a hearing on it. We just consider whether or not we should reopen it.

A

We don't often allow testimony or argument until we decide what we want to do on it. I assume you both Jeremy you're here to speak on. It are you here for the applicant or the neighbor.

G

Or the neighbor John, okay.

E

And we're neighbors yeah.

E

A

So we've we've received a comments. We've read all the reviewed, all the comments on it and I think we'll take it up under our deliberative to determine whether or not that we'll reopen it or not. Brad.

C

um I, just if it's appropriate, I'd ask Scott I think is.

A

Yeah, actually application yeah. We could do that.

C

um Just because I don't think we can ask him that during delivery.

A

Fair enough Scott, um can you just walk us through the request to reopen.

D

uh Sure but I'll start a little bit earlier than that uh so notice for the drb okay, which meeting in February was the 21st I think uh did go out.

D

um The short story is that the software used to generate the adjacent Property Owners uh inexplicably picked a property, a few doors to the north, so notice when that went out, but the immediate neighbors didn't get that notice.

D

So uh first Bonnie Farrow came into the office last week to ask me about the project and said Gee I never got notified and I looked at the butters list and uh she wasn't on it and then I got an email later that day from Carol Clark, another neighbor on the other side, basically about the same thing asking about the project and saying never got noticed and she wasn't on the butters list either.

D

So um it's still within the appeal period. Through the 23rd I said you have two options. You can request the board reopened to allow you to comment on the project or you could appeal to environmental Court and since then, we've got what six or seven requests from other neighbors as well asking the hearing be reopened and given the mistake and notice I think it's prudent. But that's your call.

C

One other question on this Scott is: we actually have no authority to approve anything outside the property boundaries of a submitted application? Do we uh that's correct yep.

A

G

You say seems like a no-brainer.

A

Yeah, it does I mean I, guess I, guess we could uh sort of just act on it in reality, if I mean you want to do it, I mean to me I think uh you know not only there's a big dispute I think we have to reopen it and I would move to reopen it. uh Do we have to re-notice it Scott.

D

uh It does need to be re-noticed, it's not a public hearing, so yeah. We need to re-notice it. So we'll put it on for April 4th through the 18th, okay and reopening.

G

It tolls the appeal period, yeah.

A

Correct yeah, so I would move to Jeff seconds uh all those in favor aye all right reopens Scott will let everyone know using that same software, I'm sure.

D

You've corrected the problem.

E

Can I just ask Scott something really quick about the date and Bonnie Farrow? Who couldn't be here because she's in a meeting she's the she's, the one you met with? She would prefer the fourth, because she has some other in London the following weekend s. She really wants to be here for it because she's right next door to the boat.

D

Yeah I mean we can still do the fourth, because we only need a week for a site plan review like this. So probably okay,.

A

um Well, that takes us to the end of our agenda and, and our meeting is adjourned.

A

C

You have to vote on.

A

um Yep we have to vote on.

D

A