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Conservation Board

Regular Meeting

Burlington, VT · December 1, 2025

AgendaPacketMinutes

Minutes

Burlington Conservation Board Rebecca Roman, Chair Ryan Crehan, Vice Chair 645 Pine Street Zoe Richards Burlington, VT 05401 Don Meals http://www.burlingtonvt.gov/DPI/CB Ethan Ely Telephone: (802) 865-7189 Dale Azaria Evan Horne Kelly Farrell Alan Reichard Conservation Board Meeting Minutes Monday, December 1, 2025 – 5:30 pm Remote & In Person Meeting Attendance  Board Members: Zoe Richards (ZR), Rebecca Roman (RR), Ryan Crehan (RC), Dale Azaria (DA), Evan Horne (EH), Ethan Ely (EE), Alan Reichard (AR), Don Meals (DM), Kelly Farrell (KF)  Absent:  Public: Thomas Ellis, Jamie Spano  Staff: Scott Gustin (Permitting & Inspections), Dan Cahill (Parks & Rec), Emmett Wood (City Attorney’s Office) RR, chair, called the meeting to order at 5:33 p.m. Minutes November 3, 2025 minutes A MOTION was made by DM and SECONDED by DA: Approve the November 3 minutes as written. Vote: 9-0-0, motion carried. Board Comment RR noted the Planning Commission’s Open Space Plan referral memo to the City Council. SG & ZR noted Planning Commission’s meeting and their concern about addressing the crisis of unhoused individuals living in city open spaces. SG noted that the consultant team has provided a final draft of the plan that touches on the Commission’s concerns. The Planning Commission will review the plan again on December 9. City Council will hold public hearings on December 15 and January 12. ZR, complimented Parks’ recent work on trails. Public Comment None. Update & Discussion 1. Urban Reserve Map Discussion with Emmett Wood re: map per Interim Use & Stewardship Plan Attorney Wood provided background as to the purpose of the map. The original impetus dates to the early 1990’s. It pertains to part of the agreement between the city and VHCB. Attorney Wood noted The programs and services of the Dept. of Permitting & Inspections are accessible to people with disabilities. For accessibility information call 865-7188. Conservation Board Minutes December 1, 2025 - pg. 2 the two versions of the map. There’s still about 0.8 acre that we have not been able to account for. A decision needs to be made as to inclusion of the wetlands in the shoreline protection area or not. Attorney Wood referred to the interim management plan. DM, what does POR stand for? Attorney Wood, public open recreation area. DM, 50% of the UR needs to be conserved. Is that correct and reflected in the map? DM, it adds up to 11 acres, which is not 50% of 24 acres. Attorney Wood said half of the north 40 needs to be conserved. ZR, was the sailing center ever part of the North 40? Attorney Wood, the sailing center is located in the interim development area. RC, the shoreline buffer extends in front of the sailing center. KF, for the dog park and other areas, could they be developed some day? Attorney Wood, the dog park is a designated park and cannot be developed. Dan Cahill, the area south of the dog park is the deep water access area. It needs to be maintained as such. RR, about the 8 acres of shoreline buffer, is that in the conservation easement? Dan, yes, pg. 3, item 1. RC, why do this now? Attorney Wood, there was no staff to do it before. ZR is in favor of adding the wetlands to the 6 acres of shoreline to make it 8 acres. Attorney Wood, we have conferred with Planning Director Dillard. Nothing is changing. RC, south and east of the dog park, why does that area not have specific programming? Dan, north and south areas of the dog park are not designated. It feels somewhat arbitrary. RC thinks that people wanted these areas open and available for public recreation. They are more viable for this use than the designated areas that include steep slopes. RR asked about total UR size. Attorney Wood said its approximately 45 acres. RC does not support the original draft map. The sailing center is interested in filling in the wetland adjacent to their facility. Not including the wetland in the protected shoreline area would facilitate filling it in. He wants to include the wetland in the protected shoreline as depicted in the latest version of the map. DM and ZR concurred. EE said he doesn’t see any downsides to including the wetland. RR would like clarification as to what the easement is protecting once the map is finalized. Would it be better to include some of the open, flat areas rather than the steep slope areas? Attorney Wood, it could be both. There’s a required minimum, not maximum. The map reflects current practice in large part. DM, is there any objection to including everything between the shoreline and the POR area 3 (aside from the dog park)? Dan, and the deep water port access. Board members agreed with DM’s suggestion. Attorney Wood and Dan will follow up and finalize the map. Project Review 1. ZP-25-527; 116 Sunset Cliff Rd (RL, Ward 4) Thomas Ellis Proposed reconstruction of deteriorating seawall. Thomas Ellis appeared on behalf of this application. Conservation Board Minutes December 1, 2025 - pg. 3 Tom Ellis said there’s an existing seawall that will be replaced. It consists of large redstone blocks that are eroding badly. We’ll remove the stone and replace it with concrete with drainage. The existing rock will be installed back in front. No vegetation will be cleared, except for some abutting grass. No trees will be removed except perhaps one small tree at the end of the wall. RR, will there be replanting other than grass? Tom, we’ll reseed disturbed areas for lawn. DM, erosion is attributed to damage by the lake. Is that correct? Tom, I’m unsure what caused the damage. Wave action and large logs crashing into the wall have probably caused some damage. Water looks like it has gotten behind the wall as well, causing erosion. DM, the proposed work may not address the existing problem. Tom, there is a plan to fill in behind the new wall with gravel, geotextile fabric, and drainage. Together, this system will be an improvement over existing conditions. DA, how does your wall tie in with the neighbors’ walls? Tom, to the north, there is no wall. To the south, there is a transition to a concrete wall. The proposed design accounts for this connection. RC, the linear joints among the rocks are probably impacted by the freeze/thaw cycle, as opposed to staggered joints. RC, will the front of the stone be in the same location, or will they be replaced a bit closer to the lake? Tom, we are fine with bringing the concrete wall closer to the house, so that the rock blocks stay basically in the same place. A MOTION was made by DM and SECONDED by EH: Recommend approval of the application with the condition that the final face of the natural stone block be no closer to the lake than present. Vote: 9-0-0, motion carried. 2. ZP-25-378; 451 Appletree Point Rd (RL, Ward 4) Jamie Spano After-the-fact tree removal and replacement with new trees. Replaced failing seawall and added additional seawall length. Jamie Spano appeared on behalf of this application. DM asked about current status of the property. The response to after-the-fact work resulting in issuance of a permit makes him unhappy. Requiring new plantings of small trees does not offset loss of mature trees. Jamie Spano said she moved from Isle La Motte and had no experience with zoning. The work was done without permits. She consulted with an arborist for tree removal. The prior seawall was eroding and in poor condition. The wall was replaced and extended. She consulted with Heritage tree service for the tree work. Trees that were removed were dead or dying. We have since planted more than twice the number of trees that were removed. DM finds it remarkable that the contractors did not note the need for permits. Jamie, the contractor who did the seawall is from Franklin County. She believes in following the rules. RR, what has your remediation included so far? Jamie, two large trees on either side of the house have been replaced with 5 or 6 junipers and more within the yard area. Cedars have been replaced with junipers because of deer impacts. Along the edge of the seawall, we have installed flower plantings. RR, let’s take a stab at review as if this work has not already happened. KF recommends installation of some deciduous trees on the south end of the property. Jamie said only 1 deciduous tree was removed. KF, it looks like a good area to accommodate additional trees. EE said it makes sense to install a native tree species. Arborvitae don’t add much. Conservation Board Minutes December 1, 2025 - pg. 4 RR, there is gravel between the seawall and the lawn. Jamie, this is for drainage. SG pointed out that the low mow area could be inclusive of where the work was done. This would require some reconstruction to introduce more robust vegetation. ZR, would we want to see a planting plan, inclusive of native plantings? RC would support this. We’re not holding things up. ZR, the low mow zone needs to be delineated. DM, the planting plan should include deciduous trees, plus the low mow zone with native vegetation. EE, what about specifying a diameter for replacement trees? RR, would rather not. A MOTION was made by EE and SECONDED by RC: Continue project review pending receipt of a landscaping plan depicting the required low mow zone, native plant species, and replacement trees. Vote: 9-0-0, motion carried. Update & Discussion (cont.) 2. Burlington Wetland Map Discussion of 2009 map and whether there is a need to update. RC overviewed this item. Federal wetland protections are being rolled back, and changes are being made at the state level. It is a good time for us to look at our standards. DA, the proposed changes to state wetland rules affects development involving unmapped wetlands. EE, so we should add unmapped wetlands? RC, the city’s map is 16 years old and should be updated. DM, are the state maps of sufficient resolution to identify what’s missing in Burlington’s current map? RC, yes, they are pretty detailed. DM, should the city adopt the state’s current map? This could be a good start. EH, the VSWI maps are pretty detailed. DM, what if we queried development site plans over the past 10 or 15 years for inclusion in the map? SG, this was done when the current map was put together. He can’t think of any projects that have impacted wetlands since the map was done. EH, can the city have more stringent standards? SG, yes. EH, we could overlay the VSWI map over the city layer and update the city map based on that. Dan Cahill, we could add based on VSWI, but don’t remove any from the current city map. EE, is the new state delineation based on the new lidar? RC, imagery is still part of it. Dan will follow up with city GIS staff. We’ll come back with a revised draft map. 3. 2026 Meeting Schedule Review and approve the 2026 meeting schedule DM asked about meeting space at 645 Pine Street. Dan mentioned that hosting the Conservation Board meeting here meets some of the requirements for this building to be a public space. DM, let’s revisit location in July. A MOTION was made by DA and SECONDED by ZR: Approve the 2026 meeting schedule. Conservation Board Minutes December 1, 2025 - pg. 5 Vote: 9-0-0, motion carried. Adjournment 7:25 PM.

Agenda

Conservation Board Meeting Public Notice Monday, December 1, 2025, 5:30 PM 311 North Avenue, Conference Room or Remote via Zoom Zoom: https://zoom.us/j/95590052709?pwd=MlhQcTVTNmUydW5qelBLeFUwZk9LZz09 Webinar ID: 955 9005 2709 Password: 346560 Telephone: 1 929 205 6099 1. Minutes 1.1. Accept minutes from November 3, 2025 meeting 2. Board Comment 2.1. OSP Planning Commission 3. Public Comment 4. Project Review 4.1. ZP-25-527; 116 Sunset Cliff Rd (RL, Ward 4) Thomas Ellis Proposed reconstruction of deteriorating seawall. 4.2. ZP-25-378; 451 Appletree Point Rd (RL, Ward 4) Jamie Spano After-the-fact tree removal and replacement with new trees. Replaced failing seawall and added additional seawall length. 5. Update & Discussion 5.1. Urban Reserve Map Discussion with Emmett Wood re: map per Interim Use & Stewardship Plan. 5.2. Burlington Wetland Map Discussion of 2009 map and whether there is a need to update. 5.3. 2026 Meeting Schedule Review and approve 2026 meeting schedule. 6. Adjournment 7. Informational and Non-Discrimination Statements The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities and employment opportunities. The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event.

Packet

Conservation Board Meeting Public Notice Monday, December 1, 2025, 5:30 PM 311 North Avenue, Conference Room or Remote via Zoom Zoom: https://zoom.us/j/95590052709?pwd=MlhQcTVTNmUydW5qelBLeFUwZk9LZz09 Webinar ID: 955 9005 2709 Password: 346560 Telephone: 1 929 205 6099 1. Minutes 1.1. Accept minutes from November 3, 2025 meeting 2. Board Comment 2.1. OSP Planning Commission 3. Public Comment 4. Project Review 4.1. ZP-25-527; 116 Sunset Cliff Rd (RL, Ward 4) Thomas Ellis Proposed reconstruction of deteriorating seawall. 4.2. ZP-25-378; 451 Appletree Point Rd (RL, Ward 4) Jamie Spano After-the-fact tree removal and replacement with new trees. Replaced failing seawall and added additional seawall length. 5. Update & Discussion 5.1. Urban Reserve Map Discussion with Emmett Wood re: map per Interim Use & Stewardship Plan. 5.2. Burlington Wetland Map Discussion of 2009 map and whether there is a need to update. 5.3. 2026 Meeting Schedule Review and approve 2026 meeting schedule. 6. Adjournment Page 1 of 64 7. Informational and Non-Discrimination Statements The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities and employment opportunities. The programs and services of the City of Burlington are accessible to people with disabilities. Individuals who require special arrangements, auxiliary aid, service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Burlington, should contact the office of the Title II Burlington ADA Coordinator at 802-865-7000 as soon as possible but no later than 48 hours before the scheduled event. Page 2 of 64 Burlington Conservation Board Rebecca Roman, Chair Ryan Crehan, Vice Chair 645 Pine Street Zoe Richards Burlington, VT 05401 Don Meals http://www.burlingtonvt.gov/DPI/CB Ethan Ely Telephone: (802) 865-7189 Dale Azaria Evan Horne Kelly Farrell Alan Reichard Conservation Board Meeting Minutes Monday, November 3, 2025 – 5:30 pm In Person Meeting Attendance  Board Members: Rebecca Roman (RR), Ryan Crehan (RC), Zoe Richards (ZR), Dale Azaria (DA), Evan Horne (EH), Ethan Ely (EE), Don Meals (DM), Alan Reichard (AR)  Absent: Kelly Farrell (KF)  Public: Nick Warner, Lauren Chicote, Alison Spasyk  Staff: Dan Cahill (Parks & Rec) RR, chair, called the meeting to order at 5:33 p.m. Minutes October 6, 2025 minutes A MOTION was made by RC and SECONDED by ZR: Approve the October 6 minutes as written. Vote: 6-0-2, motion carried. Board Comment New board member welcome, Alan Reichard’s first meeting. Board members present went around to do introductions and share a bit about themselves. RR shared that she sent the letter to City Planning regarding the Plan BTV North End. The letter is in the packet for the meeting. Other board members expressed appreciation for RR doing this. RR asked RC which parcels he was referencing in regard to impervious surface lots that could be considered for development before looking at parks. DM heard a loon overhead recently and was enthused by this. DA raised a question about Governor Scott’s executive order to promote housing development and if the board should look at that. One way that it does that is to change the scope of wetland permits so that you don’t have to have a permit if the wetland is not already mapped. DA asked if we should be looking at Burlington’s wetlands and discussing. ZR and DM thought it was a good idea, and DM shared we should become familiar with what the process is for designating a wetland. The programs and services of the Dept. of Permitting & Inspections are accessible to people with disabilities. For accessibility information call 865-7188. Page 3 of 64 Conservation Board Minutes November 3, 2025 - pg. 2 RC noted the City has done a wetland mapping exercise and we should look at it. RC offered to do a review of the existing maps to aid in further board discussion. RR recommended this be placed on the agenda for the December meeting. RC shared that he planted some native trees/shrubs (with the support of BPRW’s Conservation Team) to plant a recent buyout property on Riverside Ave. Public Comment None. Project Review 1. ZP-25-526; 702 Lake St (UR, Ward 2) City of Burlington / Lee Perry Renewal of zoning permit for City of Burlington and Marketplace snow storage Lee Perry appeared on behalf of this application. RR prefaced the item with an overview that DPW comes before the Conservation Board every 2 years to get a permit for snow storage at the “flying A” site in the Urban Reserve. Lee Perry introduced himself and gave an overview of how they use the space for snow storage and efforts to prepare for the upcoming season. DM asked if there are any informal uses of the snow piles in the Flying A (kids for sledding or snowboarding). A MOTION was made by DM, and SECONDED by RC: Approve the renewal of zoning permit for City of Burlington and Marketplace snow storage. Vote: 8-0-0, motion carried Update & Discussion 1. Vermont Flood Safety Act (Act 212) Presentation and discussion with Alison Spasyk Alison Spasyk appeared on behalf of this item. Alison Spasyk gave an overview of the flood safety act. DM asked if there has been consideration of the management of intermittent streams as a part of Act 121. Alison shared that her understanding is that intermittent streams would fall to municipalities to regulate. EE asked, what is the new regulation? Is it banning development in river corridors? Alison confirmed that we don’t know yet. The development of Act 121 is in the early stages. EE asked what happens with municipalities in the river corridor, if they “undevelop” a downtown area? In this scenario would they be able to develop again? Alison noted this may be governed more by ACT 181, but we will soon know more about whether Act 121 will also address this. RC encouraged Alison to look closely at the delegated authority and ensure that the authority exists within a local body with the ability to uphold standards (in Burlington’s case Conservation Board reviews permits yet is advisory and lacks ability to fully uphold its determinations). Page 4 of 64 Conservation Board Minutes November 3, 2025 - pg. 3 RR asked how Act 121 will affect river corridor easements. Alison noted this is a really good question. EE asked, if a town chooses not to regulate itself, does that mean development permits in the river corridor would be a state permit process? Alison confirmed, yes. Executive Session As to real estate A MOTION was made by DM, and SECONDED by EE: Approve the Board to enter into Executive Session at 6:45pm. Vote: 8-0-0 The Board moved to leave executive session at 7:35pm Adjournment 7:36 PM. Page 5 of 64 Burlington Planning Commission Andy Montroll, Chair Alex Friend, Vice Chair 149 Church Street Michael Gaughan Burlington, VT 05401 Erhard Mahnke www.burlingtonvt.gov/cityplanning Ryan Nick Erin Malone Julia Randall Page 6 of 64 Ellis Residence Thomas Ellis 116 Sunset Cliff Road 339-927-5194 Burlington, VT 05408 tmellis@gmail.com Tax Parcel ID: 030-3-022-000 SPAN Number: 114-035-13145 Land Use: R1 - Single Fam Zoning: Residential – Low Intensity Lot Area: 31,574 Sq.Ft. Project Scope: This project involves the replacement of a previously existing concrete bulkhead/seawall style wall. The image below (found on the Burlington Property Database website) shows the existing conditions of the property in 2008. Sometime between 2008 and 2020 (when the Ellis Family purchased the property) the concrete wall was removed and replaced with natural stone boulders. Page 7 of 64 The image(s) below show the existing conditions of the property (photos taken 8/5/2025). For scale reference the average size of the stone boulders are 2’ tall x 4’ long x 2’ deep. The wall is failing due to erosion behind the wall caused by wave action from the lake. You can see in the image that many of the boulders have tipped backwards toward the house. The intent would be to install a new poured concrete wall and to reinstall the boulders on the lake side of the wall for both aesthetic purposes and as a secondary protection of the new concrete wall. The length of the wall is @ 135 linear feet and the location of the proposed wall would be in the same location as the existing boulder wall. Site plans and wall construction details are provided in a separate document. Page 8 of 64 View of South–East property corner showing the last remaining section of concrete wall that was removed and replaced with boulders. This section of wall is to remain and the new wall will but up to the existing remaining section of concrete wall. Page 9 of 64 View of North-West property corner. The Ellis’s property corner is about 10’ off of the green metal stairway (which is on a community shared easement). The proposed work will not impact the existing stairway or any portion of the community association property. Page 10 of 64 Photo showing the erosion and failing wall stones Page 11 of 64 254' PROPOSED T.O.W. +/- 105.50 111 112 PROPOSED B.O.W. +/- 99.50 108 109 110 99 106 107 EXISTING DRIVEWAY EXISTING BOULDER WALL - EXISTING RESIDENCE PROPOSED CONCRETE #116 WALL IN SAME LOCATION WALL LENGTH @135' BASEMENT DOOR EL. +/- 107.30 SUNSET CL 120' IFF ROAD - LAKE - EXISTING PATIOS 152' PROPOSED T.O.W. +/- 105.50 PROPOSED B.O.W. +/- 99.50 99 106 107 108 109 110 111 112 LOT AREA: 31,574 MAX ALLOWABLE COVERAGE (45%) = 14,203 236' EXISTING LOT COVERAGE: RESIDENCE: 4,088 DRIVEWAY: 2,137 PATIOS: 919 BOULDER WALL: 405 EXISTING ELEVATION AND CONTOUR DATA TAKEN TOTAL: 7,549 = 23.9% FROM 'PROPOSED CONDITIONS SITE PLAN' - 'SHORELINE STABILIZATION' DRAWING NUMBER SITE PLAN ELLIS RESIDENCE C1.1, DATED 3/13/2018 PREPARED BY CIVIL PROPOSED LOT COVERAGE: ENGINEER ASSOCIATES INC, 10 MANSFIELD VIEW 1" = 30' - 0" 116 SUNSET CLIFF ROAD NO CHANGE - SAME AS EXISTING LANE, SOUTH BURLINGTON, VERMONT. 11/3/2025 BURLINGTON VT 05408 Page 12 of 64 TO HOUSE 1' PROPOSED T.O.W. +/- 105.50 - LAWN - 1' TOPSOIL, SEED, HAY EXISITNG BOULDERS TO BE RESET ON LAKE SIDE OF POURED CONCRETE WALL 3/4" CLEAN GRAVEL FILTER FABRIC 5' 8' 4" PVC PERF PIPE RUNNING LENGTH OF WALL SET PIPE MIN 12" ABOVE FINISHED GRADE ON LAKE SIDE OF WALL. DAYLIGHT PIPE THROUGH PROPOSED B.O.W. +/- 99.50 WALL IN MIN. 4 LOCATIONS CLEAN FILL - COMPACT IN MIN. 12" LIFTS TO LAKE UNDISTURBED EXISTING SOIL 4000 PSI POURED CONCRETE WALL #6 REBAR VERTICAL @ 12" O.C. #5 REBAR HORIZONTAL @ 12" O.C. WEEP HOLES EVERY 10' 4000 PSI POURED CONCRETE FOOTING 1' #5 REBAR HORIZONTAL @ 16" O.C. BOTH DIRECTIONS (2) ROWS REBAR CONNECTING FOOTING TO WALL: #6 REBAR ON LAKE SIDE OF WALL @ 12" O.C. #5 REBAR ON HOUSE SIDE OF WALL 12" O.C. #5 REBAR HORIZONTAL SUPPORTS @ 12" O.C. 6' WALL CONSTRUCTION DETAIL 1/2" = 1' - 0" ELLIS RESIDENCE 11/3/2025 116 SUNSET CLIFF ROAD BURLINGTON VT 05408 Page 13 of 64 106.9 x x 99.1 x 99.2 x 6.9 10 SITE x 99.0 LAT: N44° 30' 08" KREBS & 106.7 x LONG: W73° 16' 20" LANSING CONSULTING ENGINEERS 164 Main Street, Suite 201 P: (802) 878-0375 Colchester, Vermont 05446 www.krebsandlansing.com STAMP: 106.5 x x 100.0 LOCATION MAP SCALE: 1" = 5,000 FT 106.3 x x 102.9 314.7 x Project: 451 APPLETREE POINT ROAD Project No. 25251 Scale as noted Drawn by TJB/AMR Checked by Date 08/29/2025 Revisions No. Date Description 11/04/2025 cross section Drawing Title Existing Conditions Plan Drawing No. X-1 Page 14 of 64 Page 15 of 64 Page 16 of 64 Page 17 of 64 Page 18 of 64 Page 19 of 64 Page 20 of 64 Page 21 of 64 Page 22 of 64 Page 23 of 64 Page 24 of 64 Page 25 of 64 Page 26 of 64 2021 Google Earth Legend 451 Appletree Point Rd ➤ N 100 ftPage 27 of 64 2025 Google Earth Legend 451 Appletree Point Rd ➤ N Image © 2025 Airbus 100 ftPage 28 of 64 Original seawall 2021 Page 29 of 64 Replacement seawall 2023 Page 30 of 64 Replacement seawall 2025 Page 31 of 64 JESSICA C. BROWN, ESQ. 149 Church Street City Attorney Burlington, VT 05401-8489 KIMBERLEE J. STURTEVANT, ESQ. Phone: (802) 865-7121 ACA, Director of Litigation Fax: (802) 865-7123 HAYLEY I. McCLENAHAN, ESQ. TTY: (802) 865-7142 Assistant City Attorney ERIK RAMAKRISHNAN, ESQ. ACA, Director of Gen Gov’t & Transactional Services EMMETT WOOD, ESQ. Assistant City Attorney CITY OF BURLINGTON, VERMONT OFFICE OF THE CITY ATTORNEY AND CORPORATION COUNSEL Date: 11/24/25 To: The Conservation Board From: Emmett Wood, Assistant City Attorney for the City of Burlington Re: History of the Urban Reserve and the need to update the existing map The story of the City of Burlington has been defined by the history of its waterfront. In 1823 the Champlain Canal opened and connected Lake Champlain to the Erie Canal, the Hudson River, and the markets down in New York City. Burlington, with a protected bay and ready access to the Vermont hinterland, was uniquely placed to exploit the early American lumber industry. The waterfront changed from a natural crescent of sandy shore to a bustling wharf with large stacks of timber, railroad cars, and warehouses. Within only three decades, Burlington’s waterfront became the third largest lumber port in the country. To support this expansion in lakeside industry, over 60 acres of land were infilled according to the state-mandated Public Trust Doctrine that reserved land under the lake for the public good. The lumber industry did not last in Vermont. The large stacks of timbers were replaced by trainyards, the warehouses replaced by petroleum tanks. Coal, oil, and gasoline were all delivered by barge to Burlington’s wharfs. After purchasing a portion of the waterfront land from the railroad, the City and Burlington Electric built the coal-powered Moran Generation Station which began producing electricity in 1954. The Moran plant, along with the dozens of petroleum storage tanks, dominated the waterfront for thirty years until the 1980s, when a new vision of the waterfront started to emerge. The aging Moran plant was decommissioned in 1986, moving Burlington’s electricity generation to the Intervale area and away from the lake. Following that, Mayor Bernie Sanders and his new Community and Economic Development Office (CEDO) began the acquisition of the rusting, contaminated industrial area that was once Burlington’s sandy crescent beach. A landmark Vermont Supreme Court case in 1989 established that the land infilled from the lake still needed to be used for the public good under the Public Trust Doctrine. In 1991, the City, through CEDO, began the process of acquiring sixty acres of waterfront land, from Central Vermont Railway, subject to the Public Trust Doctrine. In 1992, the Vermont Housing Conservation Board (VHCB) granted the City $200,000.00 to assist in the acquisition of the railway land. This land, which came to be known as the "Urban Reserve,” stretches north between the marina and the new developments at Cambrian Rise, and was set aside with conservation in mind. Page 32 of 64 In exchange for the $200,000.00 grant conveyed through the attached “Grant Agreement #90-097," the City of Burlington granted the Vermont Housing Conservation Board the development rights, right of first refusal, and a perpetual conservation easement over the Urban Reserve in a document entitled “Grant of Development Rights and Conservation Restrictions for the Urban Reserve,” also attached to this memo. These agreements were approved by the City Council during the summer of 1992. As a part of the grant agreements, VHCB requested that the City establish a one-hundred-foot shoreline buffer for the purpose of conserving Lake Champlain’s natural shore. Furthermore, the City agreed that a protected “natural area” would be established to ensure the conservation of the endangered Prairie Redroot plant found growing there. The agreement went on to contemplate that in addition to the two aforementioned conservation areas, the City was to designate at least fifty percent of the Urban Reserve for open and public recreational space or conservation purposes only. Through the agreement, the City was granted the right to identify the restricted portions of the Urban Reserve in its own sole discretion. The agreements between VHCB and the City was filed in the land records in 1992, at which time VHCB expected the City to identify fifty percent of the Urban Reserve to be used solely as public open recreation space or for conservation purposes. While VHCB likely expected the City to designate this land soon after the execution of the original agreement and filing of the preliminary conservation map, those designations still have not been made. Now, over thirty years later, the office of the City Attorney has collaborated with both the City’s Land Steward, Dan Cahill, as well as the City’s Geographic Information Systems and Asset Management Coordinator, Warren Rich, to develop an updated map of the Urban Reserve attached to this memo. This map includes the designations that the Housing Conservation Board asked the City to make in the initial 1992 agreement, including 19.6 acres of open public recreation land; a 6.5-acre shoreline buffer; 1.6 acres of conservation land for the protection of the Prairie Redroot plant; and a 1.4-acre greenway buffer. The designations of this conservation and recreation land will finally fulfill the City’s promise to designate fifty percent of the Urban Reserve accordingly. The office of the City Attorney is seeking comment from the Conservation Board prior to moving forward with the Vermont Housing Conservation Board in order to approve a final version of the map of the Urban Reserve which, as stated above, is far more detailed than the “Preliminary Conservation Map” crafted in 1992 and attached to the Grant of Development Rights and Conservation Restrictions. This map has been in the making for over thirty years, and the office of the City Attorney would greatly appreciate the support of the Conservation Board to help ensure the protection of this land both for the betterment of the environment and to provide clarity to future Burlingtonians. Page 33 of 64 Page 34 of 64 Page 35 of 64 Page 36 of 64 Page 37 of 64 Page 38 of 64 Page 39 of 64 Page 40 of 64 Page 41 of 64 Page 42 of 64 Page 43 of 64 Page 44 of 64 Page 45 of 64 Page 46 of 64 Page 47 of 64 Page 48 of 64 Page 49 of 64 Page 50 of 64 Page 51 of 64 Page 52 of 64 Page 53 of 64 Page 54 of 64 Page 55 of 64 Page 56 of 64 Page 57 of 64 Page 58 of 64 Page 59 of 64 Page 60 of 64 Page 61 of 64 438000 439000 440000 441000 442000 443000 444000 445000 446000 227000 227000 ! (1 226000 226000 ! ( 50 ! (2 ! ( 52 ! (3 ! (5 ! (7 ! (4 225000 225000 ! (6 ! (8 ! ( 51 ! (9 ! (9 ! ( 10 224000 ! ( 11 224000 ! ( 12 ! ( 59 ! ( 16 ! ( 13 ! ( 57 ! ( 53 ! ( 14 ! ( 56 ! ( 18 ! ( 77 ! ( 15 223000 223000 ! ( 60 ! ( 22 ! ( 58 ! ( 27 ! (25 ! ( 23 ! ( 26 ! ( 79 ! ( 78 ! ( 80 ! ( 76 ! ( 30 222000 222000 ! ( 28 !4 ( 2 ! ( 75 ! ( 31 ! ( 74 ! ( 32 ! ( 81 ! ( 34 ! ( 35 221000 221000 ! ( 72 ! ( 73 ! ( 36 220000 220000 ! ( 37 CITY OF BURLINGTON Revised Wetland Map The wetlands shown on this map have not been field-delineated. They are based on an identification process that used aerial photos, soils, and other data. A sample of these wetlands were field checked. The entire process is described in a report titled "The 219000 219000 City of Burlington, Revision of the City’ s Wetlands Map," dated October 14, 2009. ! ( 38 ± Miles ! ( 39 0 0.15 0.3 0.6 0.9 1.2 ! ( 40 0 400 800 1,600 2,400 3,200 4,000 Feet ! ( 66 ! ( 41 1 inch = 800 feet 218000 218000 ! ( 67 Legend ! ( 68 ! ( 70 ! ( 71 ! ( 63 ! ( 64 ! ( 69 2009 Revised Wetland Layer ! ( 45 ! ( 65 Unchanged from Original ! ( 82 Area modified from Original 217000 ! ( 217000 62 New wetland polygon ! ( 61 438000 439000 440000 441000 442000 443000 444000 445000 446000 Page 62 of 64 CONSERVATION BOARD January - December 2026 Regularly Scheduled Meetings - 1st Mondays Date of Meeting Day of Week Time Location January 5, 2026 Monday 5:30 PM 311 North Avenue February 2, 2026 Monday 5:30 PM 311 North Avenue March 2, 2026 Monday 5:30 PM 311 North Avenue April 6, 2026 Monday 5:30 PM 311 North Avenue May 4, 2026 Monday 5:30 PM 311 North Avenue June 1, 2026 Monday 5:30 PM 311 North Avenue July 6, 2026 Monday 5:30 PM 311 North Avenue August 3, 2026 Monday 5:30 PM 311 North Avenue September 14, 2026 Monday 5:30 PM 311 North Avenue October 5, 2026 Monday 5:30 PM 311 North Avenue November 2, 2026 Monday 5:30 PM 311 North Avenue December 7, 2026 Monday 5:30 PM 311 North Avenue Date adjustment for Labor Day Page 63 of 64 OPEN SPACE SUBCOMMITTEE January - December 2026 Regularly Scheduled Meetings - 1st Mondays Date of Meeting Day of Week Time Location January 5, 2026 Monday 4:30 PM 311 North Avenue February 2, 2026 Monday 4:30 PM 311 North Avenue March 2, 2026 Monday 4:30 PM 311 North Avenue April 6, 2026 Monday 4:30 PM 311 North Avenue May 4, 2026 Monday 4:30 PM 311 North Avenue June 1, 2026 Monday 4:30 PM 311 North Avenue July 6, 2026 Monday 4:30 PM 311 North Avenue August 3, 2026 Monday 4:30 PM 311 North Avenue September 14, 2026 Monday 4:30 PM 311 North Avenue October 5, 2026 Monday 4:30 PM 311 North Avenue November 2, 2026 Monday 4:30 PM 311 North Avenue December 7, 2026 Monday 4:30 PM 311 North Avenue Date adjustment for Labor Day Page 64 of 64