I have a lot of things to do today, so you're going to get an even-more-abbreviated-version-than-usual post this week. Adding to my laziness brevity this week is that this is a conditional use permit and that's not something I'm particularly conversant in.
Short version: Burton wants to convert a big ol' building it owns in South Burlington into a "hub," including a proposed performance space, alcohol service, and (likely) increased traffic. It got permits, and an amendment, which included a finding from the DRB and district commission that is in line with AC/DC's famous assertion: "Rock & Roll Ain't Noise Pollution." The City of South Burlington and several neighbors appealed to the environmental division, which imposed some extra conditions but essentially disposed of the arguments raised about how: (1) it was going to be too loud; (2) the alcohol service should be restricted more; and (3) that the increased traffic would have an adverse impact. And that, boys and girls, is how we land at SCOV.
SCOV reviews the environmental division's order in some detail but ultimately concludes that (1) the "plainly audible" language in Burlington’s noise control ordinance cannot apply as a performance standard because it does not "specifically describe the levels of operation that are acceptable and not likely to affect adversely the use of the surrounding area"; (2) that "accessory use" is different from "accessory space" and therefore the restrictions on alcohol service are not applicable here; and (3) the "project’s traffic impacts were adequately supported by its findings under the applicable conditional use and Act 250 standards." I realize that's a sparse summary. So, if you want to read more, well, the link follows. In re Burton Corporation, 2024 VT 40.
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