Development Review Board – Sep 15, 2026

Caitlin Halpert Evan Gould Geoff Hand Sean McKenzie Miles Waite Chase Taylor Marina Loughlin, (Alternate)

Burlington Development Review Board

Department of Permitting & Inspections 645 Pine Street Burlington, VT 05401 www.burlingtonvt.gov/DPI/DRB Telephone: (802) 865-7188 Fax (802) 863-0466

BURLINGTON DEVELOPMENT REVIEW BOARD

Tuesday, September 15, 2026, 5:00 PM

MINUTES

Hybrid & In Person (at 645 Pine Street) Meeting

Board Members Present: Caitlin Halpert, Evan Gould, Sean McKenzie, Miles Waite, Chase Taylor, and Marina Loughlin (5:05 PM)

Board Members Absent: Geoff Hand

Staff Members Present: Mary O'Neil, Kirk Dressing, and Joseph Cava

Staff Members Absent: Scott Gustin and Matthew Clark

I. Agenda II. Communications III. Minutes IV. Public Hearing

1. ZP-26-387; 146 East Avenue (RL, Ward 1) FMB East Avenue, LLC / Taylor Baker Proposed subdivision of existing residential lot to create a new 55' x 167' residential lot for the construction of a new single-family residence. Existing triplex to remain. (Project Manager, Kirk Dressing)

Caitlin Halpert: This item has been recommended for deferral to the 10/6/26 DRB meeting. Are there any questions or comments from members of the Board or members of the public in attendance in person or online? Hearing none, would someone like to make a motion?

Miles Waite: Motioned to defer to the 10/6/26 DRB meeting, Chase Taylor 2nd. Vote 5-0. Motion carried.

2. ZAP-26-12; 281 Pearl Street (RH, Ward 8) Sisters & Brothers Investment Group, LLP / Matt Handy Appeal of issuance of Notice of Violation (NOV) under ZCPT-26-38. (Project Manager, Matthew Clark)

Caitlin Halpert: This item has been recommended for deferral to the 10/6/26 DRB meeting. Are there any questions or comments from members of the Board or members of the public in attendance in person or online? Hearing none, would someone like to make a motion?

Chase Taylor: Motioned to defer to the 10/6/26 DRB meeting, Miles Waite 2nd. Vote 5-0. Motion carried.

The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements to participate are encouraged to contact the Zoning Division at least 72 hours in advance so that proper accommodations can be arranged. For information call 865-7188 (TTY users: 865-7142).

3. ZP-26-410; 228 North Winooski Avenue (NMU, Ward 2) Champlain Housing Trust / Donal Dugan Variance request for exemption from maximum allowable fence height to install a six-foot-tall fence along the sidewalk to prevent afterhours access to the property. (Project Manager, Kirk Dressing) Donal Dugan, Paul Dragon, Amy Demetrowitz, George Harrington, and Melo Grant: Sworn in.

Caitlin Halpert: Can you tell us about this project?

Donal Dugan: We have been under construction on this site for the past couple of years. We are wrapping up with our scheduled construction work. We have been experiencing security issues including the accumulation of homeless encampments. We are seeking a variance to have a fence taller than the three-foot-tall limit.

Paul Dragon: We are requesting the fence to limit the homelessness issues occurring after operating hours. We estimate that there are over three hundred individuals experiencing homelessness in the City of Burlington. This has led to an increase in the number of individuals experiencing homelessness that are utilizing our services. There needs to be increased communications amongst neighbors, tenants, and area business. Through this, we would like to reduce the number of complaints and expand this critical community resource. This is a proactive step forward.

Amy Demetrowitz: I have nothing else is add about the relationship of the site. This is a critical service to the community.

Caitlin Halpert: It is difficult to grant a variance on fence height and we recognize that this is a reoccurring issue.

Donal Dugan: What height can we get that will help to control the site?

Miles Waite: We have had several requests to allow six-foot-tall fencing in the first lot layer of properties.

George Harrington: Was there already a six-foot-tall fence in place here before this?

Donal Dugan: A six-foot-tall construction fence was in place here for at least a year. The gates for the site is opened up in the morning. It is hard to balance the reality of what currently exists.

Caitlin Halpert: Have you considered other proposals?

Donal Dugan: We did, but it would not work. Where is the restricted site line? The building overhangs nears the edge of the street.

Miles Waite: What are you seeking a variance on, height or location?

Donal Dugan: Both.

Sean McKenzie: Have you considered a shorter rolling gate?

Donal Dugan: We did a design that included parking spots outside the fence, but the reality of unattended land like parking spots would still cause issues.

Caitlin Halpert: Are there any additional questions or comments from members of the Board? Hearing none, are there any questions or comments from members of the public in attendance in person or online?

George Harrington: Bad things are happening without prevention in place.

Caitlin Halpert: So you are in favor of a fence?

George Harrington: Yes, it should abut and encompass surrounding properties as well. The fence as presented would leave a two-foot gap between the existing property and mine.

Miles Waite: Is traffic one way? It appears there is only one sight line of concern on the corner.

Amy Demetrowitz: There is a column on the edge of the building supporting the corner of the overhang.

Kirk Dressing: There is a concern about the sight line and pedestrian versus vehicular traffic.

Caitlin Halpert: From a zoning perspective, I do not see how this proposal can be approved as it is presented.

Chase Taylor: As long as the gate is not an egress, can this be utilized?

Caitlin Halpert: There is nothing in Burlington's Comprehensive Development Ordinance (CDO) concerning egress.

Donal Dugan: What about an accordion style gate?

Chase Taylor: Where is the gap between properties that was spoken of during public comment?

Donal Dugan: The gate currently extends to the property line for construction. There would need to be a fence agreement in place before extending the fence over the property line.

Melo Grant: It is my opinion to the best of my ability as a City Counselor to address community safety issues. There have been a number of recurring issues over the past three years. My concerns are in regard to the codes of what is allowed and reaching the end goal of resolving a variety of issues. I want to plant the seed for changes in regulations.

Evan Gould: The Planning Commission is where these issues should be addressed, not the Development Review Board.

Melo Grant: We will see a rise in variance requests because of this issue.

Mary O'Neil: These types of questions would be better directed at staff, the Planning Commission, or City Council. This is an appropriate forum to address this. This Board addresses questions concerning proposed project development, not speculate on future changes. Are you ready to open the deliberative session?

Caitlin Halpert: Hearing no additional questions or comments, we will close the hearing on this item to deliberate on this evening's agenda items.

V. Adjournment Hearing closed at 5:40 PM.

Caitlin Halpert, Chair of Development Review Board Date: 10/6/26

Joseph H. Cava, Permitting & Inspections Permit Technician Date: 10-6-26

Participation in the DRB proceeding is a prerequisite to the right to take any subsequent appeal. Please note that ANYTHING submitted to the Zoning office is considered public and cannot be kept confidential. This may not be the final order in which items will be heard. Please view final Agenda, at https://burlingtonvt.portal.civicclerk.com/ or the office notice board, one week before the hearing for the order in which items will be heard.

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