 Review board meeting for Tuesday, February 7th We're going to go through the items in the agenda on in the order in which they appear I Am going to leave this meeting until AJ shows up Okay agenda there are no changes to the agenda correct, I know we had or did we have one applicant? There was a withdrawal of 3119 North Avenue, okay 3119 North Avenue will not be covered today So if you're here for that item It's no longer on the agenda and Then confirming all the communications have been posted Yes, great and then minutes from the last Me we're probably up to date on minutes. Are there minutes from the last meeting? I think they've been posted that right Joseph And then for we're on to our consent agenda items, so we're starting with ZPS dash 22 dash 52, which is 328 North Avenue. Is the applicant here? Dave Semedanger I'm Kurt Semedanger on this side Have you had a chance to review the staff report and any concerns with the staff report? I'm confused that You would have an open permit from 24 years ago To go from four gasoline pumps to two pumps I can't imagine how you would not have that closed as a city when we certainly had all your approvals Owning approvals to open up that store in 1998 The other one was to raise the gas canopy that happened shortly after we opened in 2008 Tractor trailers came slamming into it Put the driver through the windshield became down got the permit. We raised the canopy right away Those are things that are that happened a long long time ago So to see that they're still open on the agenda list here Kind of baffling me Well, just a formality back in the bad old days We relied on the applicant to let us know when it was done for both building and zoning and it's not that uncommon For promise from the 1990s to be open So you may well have the building permit closed but zoning is still open So follow me and Ted and we can take care of it So we're willing to come right down here tomorrow and get those clothes out Yes, and then does anyone on the board have an issue with this being a consent item Oh, yeah, is there anyone in the public that wants to comment on this? Okay Second okay all those in favor unanimous Thank you very much The next item on consent is ZP dash 22 dash 625 72 Temple Street African here Have you had a chance to review the Any questions or concerns with Does anyone on the board have any concerns treating this item as a consent agenda item Do you have a motion oh Sorry, hold on before that does anyone from the public want to make a comment on this one Since we do have some public comment We have to open the hearing and swear the applicant in and swear anyone else who wants to testify in so would you both raise your Right hand do you swear that the testimony you're about to give in the matter under consideration is True and accurate under the pains and penalties of perjury All right, so we understand the project relatively well because it was on our consent agenda If you're a neighbor, please identify yourself Tell us where you live and tell us what your concerns may be for the project. Okay. Thank you. I'm John summa. I occupy to the east side of this project 3a Rockland Street, so if you have the diagram Open there. It's I'm not sure what you've got in front of you, but We we live right here. There's a duplex someone is a condo on the corner of temple and Rockland So it's the corner a lot. It's a pretty large-sized lot so it's it's 3b isn't here. We're 3a We've been there 18 years so the lot Proposed to be clear here in this initial phase I Had some concerns about some questions about as well so I'm not sure what to See but yeah, okay, so the question is and I think I got an answer at least I think preliminary But is this just an initial clearing in order to explore? I Guess should ask David here, but Explore to the area to know what's possible in terms of the construction and siding Siding and construction of the proposed duplex. So your questions generally get directed to us. Yeah, okay, okay Yeah, and since we're This is sort of related to What the answer to that question is and Even before the answer or even before the question since this the grade here slopes downward So we're below this and there's already a sort of semi wetland It's a spring centered right in the middle of this We already get drainage down as it is right now and with weather getting worse and worse You know the kind of rain you can get we've had more and more flooding, but We have a French drainage system here. So we're concerned about erosion and runoff More so than we're getting now Both at the for this stage and then later if they cut more trees, you know that that could add to the to the problem so those are the two cool question and concern Yeah, so I want to understand that second comment a little bit Are you concerned about? runoff from future development or from the limited tree clearing and thinning proposed to us The clearing causing, you know more likelihood for Runoff does that answer your question? It does And then potentially more clear you know that that's Not clear. I'm not sure. I think we can we can we can state that this application is just for an initial clearing And if there's any other work of any sort that Which that needs to be done then that would be a completely new application We should address this one then so yes, right so this is only about this one clearing So as was stated in the application the intent Eventually is to build a duplex on the property the intent of this application as was stated in the application Was to clear some of the trees in the center so that we could bring in Equipment to be able to determine where the ledge is. Yeah, so Yeah, perhaps I was I agree I agree I agree with with with with what you said the clearing in this case is is Outlined in in the application And I think what I meant to say is that if there's other trees that wished to ever be cleared that that would be a separate Yeah, and really I think more to the point that Leo's making is The house the duplex that's a separate permit application So there's you know, there's gonna be more clearing is gonna be more development There's gonna be more disturbance related to that Separate application. We're looking at some very limited tree thinning now to quite reasonably determine where You can even build you know and some of that's gonna be determining If there is a spring if there is a seed if there is a wet area You know, you don't necessarily know that when you first get into something I'd imagine Do you have any more questions on the clearing? Well, the concern is, you know with just this application this clearing, you know, it's it's Itself might pose some problem going into the spring. I don't know when it's planned but to be executed That's In the the area indicated here in the diagram I'm sorry. I just got a chance to look at this tonight because we got back from a long vacation I found this in the mail yesterday last night actually So I didn't have a lot of time to look at this and read everything but this Looks like in terms of the total area, which I understand reaches up, you know, the property itself reaches up farther into Toward the the north I guess it's the northwest But in the in the area closer to temple and where the proposed clearing is You know, I'd say it's about at least half of the area is proposed to be clear based on this diagram Half of the area if you just, you know cut it We're down here We're on this is, you know, it's pretty It's not real steep, but it's definitely a steep enough. So, you know, this here here. This is the concerned area not up here This is far up away from us here So this is about half of the area That is currently filled with a lot of stuff badge trees You know, there is other there's moths things that you know, absorb water Does the applicant want to Respond to that You know, we respect all the neighbors Concerns and we had chatted before Without a doubt any We have every expectation that we would be required to manage surface water on this site Once we get into a construction situation I You can see from one side of this property to the other Easily so there aren't that many trees, you know, it's a wooded lot but You know where It's not like it's a dense forest Already if I may mr. Chair, I did consult with the city stormwater engineer and he did not feel He asserted that this limited tree clearing would not spur an erosion prevention and sediment control plan But that would be covered in the development that we would expect an application for that's what that was my question So an erosion sediment control permit requires erosion fencing to be installed when there's a disturbance greater than a certain Square footage. I know the state standard very well. I don't remember if Burlington has its own separate standard, but The stormwater engineer was Although feel free to do it Yeah Does anybody else who wants to speak on this application? Okay, come on up No, it's okay you can So you raise your right hand yes Swear that the testimony hearing you are about to give in the matter of your Considerations true and correct under the panes and penalties of perjury. Yes. Who are you and where do you live? I'm Barry de la Ducat. I live at 148 River Mount Terrace That's up the hill from the site plan And I own the adjacent lot of 68 Temple Street, so I'm on the other side I Basically concur with what you just heard. Okay. I've lived there for roughly 40 to 43 years And when I moved in there was nothing below me It was a rock pile or I called it a quarry Then houses were built Soils were trucked in and deposited and eventually trees started to grow way back then The city assessed me for a view of Mount Mansfield Right now I have no view at all. I'm still assessed for a view So my comment is cut all the trees down So I can get my view back However, I know that's not going to be the case. I'm agreeable. All right In terms of the trees you do cut I would like to have a view again but definitely cut the aspen or Poplar trees they're garbage trees if you know anything about trees. They're the ones that produce all that Fuzzy flaky stuff you see snow in June and July that clog up the sore drains and so forth So I I hope the selection of trees all the aspen get I'm just trying to think there was one other One other item I wanted to mention No, I guess that's it Okay, okay I Think that's everybody so with that we will close the hearing on this item We'll probably deliberate on it tonight depending on how the next few items go So thank you We're on the 94 Glen Road So The next item up is 94 Glen Road appeal of zoning approval to install new shed expand driveway and establish an in-home office Do we have the appellant here and We have the applicant here Would be you and we do have the city here So this is an appeal of an issued zoning permit not a denial So I think we'll ask the appellant to go first But I'll let me raise let me get everyone who wants to testify to raise the right hand You swear to tell that the testimony you're about to give in this matter is True and accurate under the panes and penalties of perjury So whoever from the appellant would like to take the Table and you know we have staff report. We have your appeal documents if you want to just Generally tell us why the issuance of this permit was Wrong and in error, okay So we're appealing the zoning permit ZP 22508 for one reason only The zoning permit application for a home office Does not reflect the true nature of the business image pools That is being run from 94 Glen Road The approval for this permit falls under comprehensive development ordinance section 5.4.6 home occupations image pools is in violation of several of these regulations Image pools has excessive construction vehicles on site from time to time deliveries by semi-trailer Bay state pool services and chemical and environmental hazards Created by pool chemicals handled and or stored on site All in direct violation of CDO Section 5.4.6 We are concerned that approval of this zoning permit will give legitimacy To the operation of image pools at 94 Glen Road and violations of the comprehensive development ordinance Will continue without enforcement So we do have some Images in a presentation format I don't know if that's something that we could put up or If you have it in front of you Are they different? Yes, it's the additional information. That's listed We do have that yeah, so we have that So you mentioned Stuff being stored on site Handled and stored Possibly yeah, so for example if you look Let's see which one was this that would be slide 13 There is a pallet of pool chemicals that was stored behind the original shed on the corner of Chestnut Terrace and Glen Road And in addition PVC pipes stored next to that pallet of chemicals and that was on April 28th, 2022 Have there are any of the photos from after the Zoning Application date of September 4th. Yes, so there's on September 26th, 2022 slide 14 There's an image of empty boxes and Super shock bottles of pool chemicals put out with the residential recycling Truck been stored there has the excavator been stored there since the Appeal I since that the permit was granted stored on site or a dump truck and Unregistered storage trailer with markings image pools on it. Did I see that the excavator hasn't been there? I thought I thought I saw that in The excavator was there well into October Let me check to see where the last image of the excavator was Sort by date Mr. Fitzgerald could answer that question Yes, there is a dump truck and there is an unregistered storage trailer Parked on the grass with image pools written on the front of the trailer at that I don't shop at all anything that I buy comes to my house on the truck whether it be a new stove Refrigerator I built a pool for my daughter in Virginia this summer. I had it loaded onto my trailer And I brought it to Virginia, you know, I have a son in Virginia I have family members, you know, I have a right to live in my neighborhood And I and I believe that I'm being as compliant as possible. My dump trucks is registered It's registered to me. It was inherited by my father It's a 1990 it's registered insured. I keep the bodywork on it. It looks really well. It's quiet My neighbors even use my dump truck to put their leaves in it and I you know, I park it out of the street I park it in the street. I move it. I do whatever it takes to be a good neighbor and So here we are So the application said that the only materials that were going to be on site related to the business were contracts and paper Paperwork do you get delivery? I just want to confirm. I was a little unclear about where the deliveries were going Do you get business related deliveries to your home? I do Store that it that those chemicals at your home on occasion. Are you saying did you say literature or chemicals? I don't have chemicals there anymore. I was asked not to do it. I don't do it So they're delivered there and they're delivered to Heinzberg or Bristol. So they're not they're no longer delivered to your house No, I have street rods. I need I need room for my street rods And I I don't want to I just don't want it at my house. When did you stop the chemical deliveries? I Don't know. I've had my I've had my shed for I don't know a year or two. I don't know But do I have my truck at times? I do It's what I do for work. I'm a contractor. It's what I do photos from October of last year that seem to show deliveries of chemicals to the house Were chemicals delivered to the house not that I'm aware of I did not I don't believe and I can't confirm this I did not have deliveries to that house this year Just the way I'm reading your application if you did that if you had chemicals delivered or you stored chemicals on site at all That'd be a violation of your zone. Not to my not to my permit. I have not no I I worked with the city They asked me not to do that Mr. Is it mr. Miles? He came and we talked about it and since I applied for my permit I've been totally totally compliant to my permit. I Mean he came to my house twice And we talked all this through and he's the one that suggested I put in a home office for my neighbor's comfort And that's what I did Do you still do you use that white trailer for your business that white trailer holds my One of the one of the driveway the white trailer holds my tools and I talked to counsel person Paul about that trailer because at the time I was taking care of my father I was spending two nights a week with him and I couldn't get my work done She said Joel leave it there for the year. We'll worry about it You have three years to complete this project. I've done exactly. I've what I've been asked to do Where do you store that normally? It's all summer. It's gone. It's moving all the time My tools are in it. That's where I store my tools and when I go back to Virginia to finish my daughter's pool in April I'll be taking the truck in the trailer with me. That's where my that's my livelihood is that trailer and In the summer I park it in the street For 24 hours attached like the city says that I need to And part of the reason that I'm widening my driveway is to handle some of the traffic that I have in my driveway to ease Some of the traffic and for the ease of the snow plow For my street rods there's a series of photographs October 10th 11th 12th and 13th and it shows various Construction equipment around do I understand correctly that all of that equipment was was just for the driveway It's for the driveway and and for the shed and I had I put I put eight yards of topsoil on my graph I drove my truck out on the grass and unloaded it and I leveled it with my excavator It's much faster and much more efficient. I'm 62 years old and with a $65,000 excavator. I'm not going to be out there digging ditches theoretically after the driveway is done would Would you expect to have that equipment around the property less or an equal amount? I only brought it on my property and then what happened was I put it on my property To take the surface off the driveway because to to install the driveway property You need it to rest and you need it to pack So originally I brought the equipment there to take out the pavement Because I was going to put it exactly the way that it was and I was told and I didn't need a permit for that but when I went to do that the street sweepers came through And I got hung up there because the street sweepers I kind of to wait for them And then by the time that passed I needed my equipment on another job and I moved it out So still my driveway has not been resurfaced and in the spring. I'm going to attempt again to resurface my driveway Are you going to put some stormwater pipes under under the there's no need to I'm going to I'm going to put it exactly The way that it is as the city recommended that I do So there's some pvc in in some of these photos Was that for for the business or the driveway or it's what I do It's what I do for work. I'm a maintenance person and when you're employed as a maintenance person You do maintenance work and I do plumbing. I used to be a licensed plumber. I am no longer a licensed plumber There, you know, I even use pvc pipe to roll my shed in place There's many uses of pvc pipe and if you've seen the price of pvc We're not really inclined to throw it out these days. We use it and we use it and we use it Um Anyone else on the board have some more questions just a couple um The photo that I think was being referred to about the pvc pipes had this sort of grouping of materials under some Plastic, can you see that? No, can I can I am I allowed to go up there? supplemental info right supplemental info So Do you want to come take a look at that? I mean one of the chemicals I use a lot of this baking soda Because can you be confused for a lot of different things? I don't know what that is. That's pvc pipe. I don't know what that is. That's by your shed. It looks like something Okay, and then can you tell me a little bit more? This looks like it's recycling It does look like those are chemical, you know business related chemicals that are being Disposed of I bring those mostly from my camp from my water system up a camp I have a camp up in the northeast kingdom and we have a water system that we treat with which I do in my schools You know, we have 3 000 gallon tanks up in the in the in the schools And that's what we use all summer for our for our water systems. I just want to understand Is this business related? Some maybe I'm not going to deny it some maybe and some may not Brooks anything else? case Since this is an appeal of a city permit, I would like to know if anybody from the city has anything they want to add to this Um, sure. I can pipe in briefly So this started uh back in may with the complaint to our office zoning complaint Ted Miles went out Looked at things Talked to the owner and the complain And uh, there were problems as evidence in the photos that have been submitted by the appellant Mostly related to stuff being placed on the grass including equipment and vehicles and the boat and the trailer for that matter As well as having the business without home occupation permit Fast forward to the fall Um, the owner applied for a permit You can see that there was A month or two passed between application and permit approval And that was driven by correspondence between me and mr. Fitzgerald Fitzgerald about changes that needed to be made In order to actually issue a permit Changes were made And I will point out that none of the photos that I've seen from both the appellant and code enforcement staff Are any more recent than october of this past fall october 10th And older than that. I haven't seen anything that shows that the problems continue today The zoning permit was issued because what was ultimately agreed upon and applied for by the owner was approval As a home occupation If mr. Fitzgerald decides he's not going to abide by that and start building pools in his backyard, right? And that's that's a different matter and becomes an enforcement issue As far as I can tell what was applied for it was approval And again the evidence suggests that The prior problems have ceased to be problems today Can I add one more thing? Okay So I think with that we'll close the hearing We're skipping the next one. Yeah 311 North avenue has been 3 119 north avenue has been withdrawn So that leaves us with hungerford terrace zp 22 dash this At least before you get going this was marked as certificate of appropriateness consent approval But it's not on our consent agenda It might have been because I was late with getting mary some bubbling that she She needed to make it clear to you I think my original application wasn't as clear about what we were changing The staff report and the submissions weren't complete by the time the agenda went out got it So are they complete now? They are complete. Would you recommend this for consent certificate of appropriateness approval? Okay, are there any Members of the board who would object to treating this on a consent agenda? Nobody anybody Yeah, go ahead. Okay I did have I did have questions about what exactly was all right. So let's let's open the public hearing And we'll swear bruce in bruce raise your right hand. Do you? um Swear that the testimony you're about to give under the end there this matter is True and accurate under the pains and penalties of perjury. I should bring my notes. Yes Um So I keep hearing the one you say when you when you're in court. It's not quite the same So Bruce just briefly Outline what we have in front of us as to changes. I understand that It's mostly focused on parking changes, but explain to us what's going on here. Sure So you have an existing PUD And the PUD is really there to involve Primarily three lots on hunger for terrace, but also the dentist's lost lot on pearl street And really the dentist is involved just to share parking So um and this building to meet setbacks and all the other sort of things because there's a number of buildings on the Street that are set back It's sort of it's it's a t-shaped building on the street It's 24 feet wide and goes back and then it goes across the two other lots So in the middle lot is that t-shaped building On the northerly wing of that t-shaped building There was just there there wasn't a first floor of construction. There was there's parking underneath So what we're essentially trying to do here is add another unit because the costs went way up And we're trying to spread the cost over another unit So it's a three bedroom unit being added. That's the primary use change, but that impacted Three facades north Uh Northwest primarily. Yeah, and um It also We deleted that parking that was underneath And moved the parking Outside the building because now that access point for that area could be used for something else And we used it for two parking spaces, but I think we lost three and gained two So you don't need the same amount of parking so you're taking some of the parking and replacing it with an apartment Right. Um, the parking ordinance has changed since then before we needed to park and waiver now it's So unit count is going up by one To 16 units is that right in this building There are two there are three structures in the pud in addition Yeah, good. Okay. Thank you. Anybody else? All right So then we'll close public hearing on this agenda item So that wraps up our agenda as to public hearing items We want to deliberate on our agenda items tonight Hey jay before you guys get into deliberation, I have a random item for you guys So the july 5th board meeting has a conflict scheduling Legislature has well Now you'll you'll you'll be recovered from the from the fourth Um, legislature is enabled fully remote meetings again. So the easy way to accommodate it is we just meet on zoom the fifth Otherwise we'll have to track down a different physical location with this room. Yeah, okay Anybody object to that? No, great. Okay. Perfect. Thank you. I look forward to us not having enough people All right, so we're we're done. Um, do we want to deliberate on I guess we can take this relatively simply I'd make a motion on 11 hunger for terrorists