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April 21, 2011

Burlington City Planners Object to Restaurant's Wind Turbine

The Spot*Updated below with comment from Burlington Planning and Zoning Director David White and photos*

File this one under "alternative energy vs. historic preservation."

Russ Scully (pictured, at left) installed the small wind turbine on his surf-themed restaurant, The Spot, to power his kitchen appliances and make a statement about renewable energy.

But Burlington city planners say the turbine is historically out of character on the gas-station-turned-café. In their estimation, it breaks the terms of his permit — and have slapped him with a violation notice that he is now appealing.

Scully won approval to erect the Honeywell-made turbine last year based on drawings of an early design. The turbine he installed was a newer model and came with "fins" that keep the turbine pointed into the wind to maximize energy production. City planners say the fins violate conditions of Scully’s approval and must be removed. Planners also cited The Spot for failing to to meet another condition of approval: that the sweeping, bat-wing-style canopy (pictured below the turbine) be "open" where the metal truss goes through it.

Scully and his contractor, Mike Gervais of Williston-based renewable energy company Yellow Brick LLC (pictured, at right), admit they should have secured necessary approvals for the fins but have appealed to the Development Review Board to keep them on.

In a 30-page report on the matter, planning staff recommend denial of The Spot's appeal. Associate planner Mary O’Neil writes that the former Phillips Service Station, built in 1964, is a rare and excellent example of space-age, "exaggerated modern" roadside architecture that has been listed on the Vermont State Register of Historic Resources. The addition of the fins "detracts from the public’s ability to appreciate and understand the building," O'Neil's report says. While some may view the turbine as evidence of Burlington’s "fertile atmosphere" for alternative energy, O’Neil writes that having the turbine "immediately roadside and atop a historic building component is not ideal."

DSC09497 A longtime surfer, Scully’s passion is wind sports (wind surfing, kite boarding), and he wants the restaurant to harness as much power as possible from wind. "You’d be surprised how much juice a toaster can suck up," he says. "If we can capture some of that back, our margin will improve."

The turbine, a Honeywell WT 6500, is a blade-tip production system, meaning its power is generated by the spinning blades, rather than the spinning hub. The 2.7-kilowatt turbine went up in December 2010 and generates enough juice to power a drink cooler (pictured) and all of the restaurant's outdoor lighting. The Spot also has an 8-kilowatt solar-panel system on its roof. Because that system is net metered — meaning excess electricity is fed back into the grid — it went through a state permitting process and did not require city approvals.

In researching their appeal, Gervais said he found several historical examples of converted gas stations with bat-wing canopies that had "gaudy" signs sticking out the top — for Krispy Kreme, Oil n' Go and other businesses. By comparison, Gervais argues that The Spot's wind turbine is relatively innocuous and may even make people take notice of the bat wing when they otherwise would not have.

Scully adds: "It has eye-catching benefits that it didn't have before."

City planning staff disagree.

"The addition of the directional fins on the wind turbine significantly alter the appearance of the most prominent feature of this historic building, making it difficult for the public to make the visual connection between the appearance of historic signage and the new turbine, as was the submitted purpose," writes O'Neil in the staff report. "The turbine as installed does not read as a substitute component for the original signage, but is a detractor from the merits of the building."

The Spot's appeal will be heard at the Development Review Board's May 3 meeting.

**UPDATE**

David White, Burlington's director of Planning and Zoning, explains why the city planning staff and the Design Advisory Board oppose the turbine with the fins attached.

"The design of that windmill was very different than what the DAB had recommended and staff had ultimately approved as part of their original permit," he tells Blurt. "The windmill that was being proposed looked nothing like what's there today. It was much finer, in terms of its appearance. It was less obtrusive."

(Ed. note: Judge for yourself. Pictured below are the original conceptual drawing The Spot submitted to the city, and a picture of the turbine as it appears now.)

Turbine-proposed



Turbine-actual

Structurally, White says he has concerns about how vibrations from the turbine could affect the canopy. White says staff and DAB members also question whether the turbine qualifies as "advertising" under the zoning ordinance.

"The ordinance is pretty restrictive when it comes to advertising features," White says. "And this comes up because the applicant holds the franchise to sell these devices. Particularly, advertising features next to the road — we're very restrictive about anything that moves and is distracting to the driver."

White insists that City Hall, the zoning ordinance and Burlington's master plan are all pro-renewable energy. He suggests there are other ways to keep turbines pointed into the wind that would be more agreeable to the city than the fins. But he adds, "It's got to be the right thing in the right place. It needs to be in a location where it functions best. And that's what's going to drive our decision making. When it's primary purpose is to attract attention and generate conversation, it becomes a little bit of a different issue and that's not as important here.

"These things aren't just quirky and fun to look at," White says. "They actually serve a valuable purpose to our community and our society."

If the Development Review Board denies The Spot's appeal on May 3, White says the restaurant will have two options: install a wind turbine that "meets conditions of their permit" or appeal to Environmental Court. Later in the same conversation, however, White said that if The Spot agreed to take the fins down, city planning staff would likely endorse dropping the violation notice and letting the turbine remain in place.

Have your say. The DRB hears The Spot's appeal on May 3 at 5:30 in Contois Auditorium at Burlington City Hall — and public comments are welcome at the meeting.

Mary O’Neil writes that having the turbine "immediately roadside and atop a historic building component is not ideal....The turbine as installed does not read as a substitute component for the original signage, but is a detractor from the merits of the building."

Are you kidding me? I can see slapping them with a fine because they changed the design after permitting, but what O'Neil is suggesting is outrageous. We don't need the likes of her to protect ourselves from....ourselves. Fact is, Planning and Zoning with rather the building remain vacant than have it violate some subjective sensibility they hold in the name of preserving cultural artifacts.

There are fights worth fighting, but is this one? Really, Mary? If this is an example of her work, how sad. Clearly, she takes her job very seriously, but I'll point out that there are people like Scully who are out there creating jobs and contributing to our community in meaningful ways. Mary and her ilk are on the other side of progress, unable to parse cost versus benefit, reasonable versus trivial. I hope the commission slaps her wrist and reprimands her for wasting their time and the business owners time.

You have GOT -- I repeat GOT -- to be kidding me. This is a belated April Fool's joke, right? This is truly Kafka-esque. There is absolutely NOTHING of historic significance about an old 1960's f---ing gas station. And if there is, these two guys didn't do anything to hurt it by adding fins to the permitted wind turbine.

The turbine is ok, but the turbine WITH FINS fins is not ok? Are you freakin kidding me? That's a joke, right? How much of my freakin tax money went to the city planning dept.'s study of these fins in relation to the supposedly historic context of this freakin old abandoned gas sation? Didn't Picard write an article a while back about this very same city planning person running amok with homeowners in Burlington who are just trying to modernize and maintain and weatherize their properties and getting slapped with fines because their new siding has "4-inch show" instead of "3-inch show"?

What. The. F___. This is the type of complete and total idiocy that may have the perverse effect of leading to the abolishment of the planning department by taxpayers in revolt.

I drive by that gas station twice a day each and every day and the renovated building with its funky "finned" wind turbine is the best thing that has happened to that section of Shelburne Road in two decades. Message to Burlington "planners": shut up and leave these people alone. They pay your salary. They fixed up an eyesore.

This statement by the planning dept. has got to be hands down the most damning piece of Ph.D.-inspired bureaucrat-speak nonsense I think I've ever actually read:
"The addition of the directional fins on the wind turbine significantly alter the appearance of the most prominent feature of this historic building, making it difficult for the public to make the visual connection between the appearance of historic signage and the new turbine, as was the submitted purpose," writes O'Neil in the staff report. "The turbine as installed does not read as a substitute component for the original signage, but is a detractor from the merits of the building."

What? WHAT? What the hell does that crap even actually mean? This state-sponsored drivel could turn even a thinking person into an Ayn Rand crusader. Heaven forbid somebody should take a crap-ass old abandoned gas station and turn it into something alive without the bureau-misfits at City Hall trying to stomp on it.

Really? Really, Ms. O'Neill? Really? I am a member of "the public." I'm not having a hard time "mak[ing] the visual connection between the appearance of historic signage and the new turbine." What I'm having a hard time with is understanding what your gobbledegook means.

My God. This can't be real. I hope the city planners get the same smackdown by the court that they got with their 3-inch vs. 4-inch siding nonsense.

"...the renovated building with its funky "finned" wind turbine is the best thing that has happened to that section of Shelburne Road in two decades."

Well said, 1984! That funky finned wind turbine totally celebrates the "exaggerated modern" character of that cool building.

Get your head out your butt, planners! These guys have fixed the place up, at long last. Huzzah!

Take it easy on O'Neil. She's just doing her job - which is to thwart folks who want to make reasonable improvements, become responsible stewards of existing properties, and make sure that the Planning & Zoning Dept. maintains leverage over as many aspects of our lives as possible. Every now and then they lose a battle, but most residents are in fear of doing anything that might involve them.

That's the kind interpretation. The unkind interpretation is that the folks in zoning harbor animosity towards the little folks who take risks and actually do things.

Nobody really cares about the historical nature of this building. Only the rare architect nerd is going to notice anything. It can be eye catching which is businesses need around here. But I don't think any but these planners are even looking at it.

I am the most finicky person I know about architectural monstrosities- and I adore The Spot and the turbine windmill. Good grief. It's a wonderful, inventive and yes, respectful use of a classic style. It is a thriving business that serves good food in a lovely atmosphere and builds community. If they can generate some energy too...better for all of us.

Now, you want to talk architectural mistakes...take a walk over to Church Street. The pedestrian mall: Disneyfication and suburbanization of that street absolutely killed all its charm and visual appeal.

First the state gets stupid with Clark,s sign in Underhill, so now as not to be outdone, Burlington has to prove we are the most stupid. A solution would be to put a picture of Bob Kiss's grimacing face on the turbine and let it keep spinning in the wind, which would be what his terms as Mayor have been all about.

These planning and zoning boards are getting way too out of control. Their power trips are contagious. Burlington, South Burlington, Williston, Shelburne, etc. They don't know when enough is enough. The point of these boards is to stop mcmansions, strip malls, out of place skyscrapers, plowing over cornfields for boxstores and making sure there is enough parking. Beyond that, they need to let business owners and property owners go about their business, for it's the business owners and property owners that are making the economy humm. This whole thing is a farse.

Um, so wind turbines along a pristine mountain ridge are ok, but a tiny little turbine on a gas station in Burlington is not ok. Makes sense to me. NIMBY

Anyone else think that "green" power don't stand a chance at being a realistic alternative in this state? Anyone else now recognize why one of the defining issues of the Gov campaign (permit reform) was on the table? Of course Shummy didn't want to talk about it and distracted voters with the abortion issue. Yup all is good in the utopia that is Vermont. Keep it clean keep it prisitine and for heaven's sake don't try to improve anything.

Ridiculous!!! Historic?! Come on.
This is going way too far. The wind turbine is cool. Period. They could have just demolished the whole building and started with new. I think that they kept the canopy is cool. This is government intrusion taken too far!

and it is ok for the old brick building down on Pine Street to be adorned with a huge "art" mural, but not ok for there to be fins on the turbine. How sad that money, both public and private, gets wasted on something as trivial as this

Respectfully Mr. Bromage I submit that singling out Mary O'Neil as the prime mover in this is unfair and, moreover misses the mark. She's a technical expert and she does her job very well.
Property owners and posters here all mad about the decisions, but I would suggest that the real problem is a vacuum of leadership.
O'Neil does not run or administer the Department of Planning and Zoning. She doesn'y get the big paycheck and plush office yet she continually gets publicly hung out to dry for drafting technical opinions using technical jargon which is her job.
Where's the Department Head, who has not even been named or quoted? Hiding under his desk?
Where's the politically juiced and connected DRB? Where and who are the councilor's that appointed those esteemed arbiters of good taste an uncommon sense?
Where's the Mayor whose administration presides over one fiasco after another?

Who knows? In hiding, letting a mid level employee take all of the heat for a fucked up system that somehow never gets unfucked.


Oh give over! I thought I left this kind of governmental crap behind in California!

I am not so sure what is so technical about "The addition of the directional fins on the wind turbine significantly alter the appearance of the most prominent feature of this historic building, making it difficult for the public to make the visual connection between the appearance of historic signage and the new turbine, as was the submitted purpose," - it seems to me A) subjective as to what the public might be able to comprehend, and B) speaking to the exact language of the construction proposal. But I have not known too many construction plans to go 100% as planned. Things change with time. Better ideas come forth as the idea is more realized. I have trouble with P&Z being so uptight and handing out these violations well after the fact without any public discourse, (since they claim to know the public mind).

A turbine with wings sitting on a building that was built to serve cars with wings (think 60s Cadillac). How perfect!

When does Planning & Zoning start planning for the future instead of the past?

King Arthur: O Knights of Ni, you are just and fair, and we will return with a shrubbery.
Leader of The Knights who say NI!: One that looks nice.
King Arthur: Of course.
Leader of The Knights who say NI!: And not too expensive.
King Arthur: Yes.


http://www.imdb.com/title/tt0071853/quotes

Seriously. It's generating free power that covers a lot of the restaurant's operating power, AND feeding excess power back into the grid! Sure, a fine for changing it without approval, but if it works even better than it would have and it's beneficial to everyone (which it is), who cares if it looks barely different than it would have?? Get over it and celebrate renewable energy!

Historically accurate turbine... and look, it has a FIN! These are all over Vermont.

http://www.fuelfromthewind.com/farm_windmill.jpg

We all await comments from Barbara Grimes on this wind powered situation. After all she is the God of power in these parts.

196? gas station is historic? I doubt it I guess an empty, falling down building is better. I guess the owner should just put it back the way it was and let it go to bits. Let's not be productive, what a silly idea

This is such crap. Get rid of this woman who has become a little satrap over her personal fiefdom of the past. We need wind turbines! Come in to the 21st century Mary where we are heating up the planet. The Spot looks just fine. Not like a lot of monstrous "historic" buildings in Burlington. How can we get these fools out of the CIty and stop their drive to keep us in some past of their puny imaginations.

Can everyone please chill out? Spot is in an historic building - if they DID tear it down, you'd be all up in arms about that too. There's something to be said for treasuring one of the few remaining examples of midcentury architecture in Vermont. There's also something to be said for making use of renewable energy. Can't a compromise be found? Move the turbine to a different part of the building?

I love how several comments - "1984's" tirade especially - talk about how they "drive past Spot" up to several times per day, etc. etc. Perhaps you should stop telling other people how they need to respect and use renewable energy until you yourselves have stopped driving your car every day. Don't live close enough to work? Move. Take the bus. I'm sick of this "do as I say, not as I do" attitude from supposed "environmentalists."

I'm on the planning board's side on this one.

Dear City Planners:

Obtuse much?

way to spark outrage without providing an outlet for it 7days. i'm half-joking. i appreciate the article; it brings attention to government waste (30 pages for a report saying fins on a wind turbine weren't approved???). however, without providing contact information to voice concerns, it means most people will either say "what the fuck", close the page, and maybe tell a friend, or write an angry comment on this page advocating ayn rand's philosophy (which works, if you're a selfish immature brat and don't give a shit about the future of humanity). here's a link with contact information for the planning and zoning office in burlington. if you're pissed about what they're doing, call them up (or email even) and let them know. comments under this blog post don't add up to anything. feedback to the planning and zoning office could.

http://www.ci.burlington.vt.us/planning/office/

"I love how several comments - "1984's" tirade especially - talk about how they "drive past Spot" up to several times per day, etc. etc. Perhaps you should stop telling other people how they need to respect and use renewable energy until you yourselves have stopped driving your car every day. Don't live close enough to work? Move. Take the bus. I'm sick of this "do as I say, not as I do" attitude from supposed "environmentalists."

Eric, only one comment here mentioned driving by the Spot everyday. Not several. Just one. And that one comment didn't mention anything about renewable energy. It seems you fudged with reality to make an argument.

If The Spot's owner had consulted with Lockheed Martin on his energy efficiency plans first then everything would be just fine.

Oh absolutely ban all innovative ideas that could easily reverse climate change...just force everyone to burn coal and remain addicted to petroleum products...keep your blinders on and stick your head in the sand whenever you can claim outdated damaging regulations...and whatever you do...DON'T THINK CREATIVELY...also ban all art as well as art promotes the human spirit and that must be crushed by all means!

Dear Seven days. Please, please, PLEASE just forward this article and the public outrage to Mary and to Bob Kiss to show them what a waste of time they are. To think that our tax dollars pay for her to harass us makes this even worse. Bob Kiss: when I vote against you, which I will even if you are not running, know it is because you take so little initiative on problems like this one.

//when I vote against you, which I will even if you are not running//

Comment of the day.

What monumental cultural stupidity the decision represents.
Historical appropriateness is as absurd a concept as it is subjective.
The gas station was not historically appropriate when it was built.
Burlington was not historically appropriate when it was settled.
Wonderful -- and hopeful -- so see the chorus of objections above.

"I love how several comments - "1984's" tirade especially - talk about how they "drive past Spot" up to several times per day, etc. etc. Perhaps you should stop telling other people how they need to respect and use renewable energy until you yourselves have stopped driving your car every day."

Um, you don't get it. Sure I drive my car past Spot. But I'm not making a statement one way or the other on wind power, Mr. High and Mighty. My only beef is with the City's out of control bureau-nazis who are trying to put the kybosh on it Spot's wind turbine.

Second, you criticize me just for driving my car? How the hell do you know what I drive (a hybrid?) and how many people are commuting with me in it?

Get over yourself.

First - thanks Russ for turning a run down old gas station into a wonderful Spot for great food and cool design.

Thanks also so much for making the effort to improve our city. The turbine serves as a icon of progress and hope for a cleaner better world for our kids. There are probably cheaper ways to say that and pay for a cooler and some lights, but Russ has a broader vision and he deserves to have all these good people stepping up for him to say this is simply wrong. I don't care if this is her job, Mary - you need to get your priorities in order. The difference between a turbine with or without fins should not warrant this - the spirit was for there to be a turbine there, and it was approved.

I think the best way to fight this and to support Russ is for people to put up their own turbines with cool fins! Then go eat at The Spot!!!!

The first time I saw the windmill I immediately thought it was a creative accent to an interesting building. I also felt proud to know that so many people visiting our city would drive buy The Spot and see a unique local restaurant that is committed to alternative energy. If the new character of the building that Russ and the rest of the folks at The Spot have created doesn't scream Burlington, then I don't know what does. And yes I know it is has a Surf theme. That works too...Particularly as an oasis in the dead of winter.

No human is going to be left on this earth if we don't stop worrying about ourselves and instead spend our time and energy on how we treat our planet. We wont be hear to argue about historic preservation or zoning licenses if we don't have more people like Russ Scully. He should be a applauded by our people. We have destroyed the earth long enough and I thank Russ Scully for being innovative and energy conscious.

1) Russ is paying taxes to help the city's coffers. More then a previously unoccupied gas station. He invested a lot to get it up to speed I might add as well.

2) The City's bills are paid by Russ, in part, as a tax payer.

3) The City uses that money to claim an f'ing wind mill is un-historic?

4) Russ has to pay more money to fight them.

5) Bob Kiss doesn't stop this moronic process.

6) Bob Kiss is recognized, even in this left-leaning paper, as the worst mayor in the history of Burlington. I have never been more motivated in my life to see anyone BUT a "Progressive" as our next mayor. He single-handedly killed a party that I would have otherwise happily supported.

"I think the best way to fight this and to support Russ is for people to put up their own turbines with cool fins! Then go eat at The Spot!!!!"

Or, attend the hearing on the appeal (May 3) and let your voices be heard.

I wish our planners cared as much about future preservation as they do about historic preservation.

If folks would like to contact me with ideas for solving this dilemma please send me an email at [email protected] or a tweet @CouncilorAdrian

Best,
Ed Adrian
233-2131

Solve the dilemma Ed? Oh come on....the answer is so obvious how can one not realize the solution? KEEP THE GOV'TS NOSE OUT OF EVERYONE'S BUSINESS. This goes for the ridiculous smoking ban proposal as well. Stop the social engineering. That's all this is. WHy the gov't feels they have the right to dictate every single aspect of the public's life is beyond me. Keeping it up is a sure way to cause the demise of the current structure and way of life. It also brings new meaning to the idea that VT is not a business friendly state, and BTV even more so. Of course unless you are running an ice climbing wall or a hemp shop.

Easy to complain about Ms Neil, of course she is a scapegoat. Remember she is just enforcing the regulations that the elected officials voted for. What were the design review board and the planning and zoning staff doing when the design was put forth?

So Councilor Adrian reads Blurt and asks for a solution. Well he should, but that is just short term damage control. This is nothing new.

I liked the above comment to hold accountable the dept head and the councilors who appointed that. Bring up this when the councilors are up for re-election - don't pussyfoot with ridiculous softball questions at NPA meetings and election forums. Make them earn our vote!

Burlington voters get the politicians they deserve because they choose to remain ignorant, have no idea how to set priorities & are inattentive when the elected and appointed officials are influenced by the power hungry. And they keep approving and voting in the SOBs.

On the other hand elected officials are supposed to be leaders.

We stopped producing leaders decades ago.

Russ did an amazing job and benefit to BTV by renovating a derelict former gas station into a vibrant eatery...the mini wind turbine looks awesome and adds character to the location and quire frankly to a rather ugly portion of street. leave the Spot alone!

You mean to tell us that the Burlington zoning ordinance, which took several years and $500,000 to draft (by a $200 an hour consultant who was sleeping with her supervisor no less), is not working out? Is anyone surprised?

At least one (one!)councilor dared to show his face here, but to quote Roy Scheider in Jaws: " You're gonna need a bigger boat."

"Easy to complain about Ms Neil, of course she is a scapegoat. Remember she is just enforcing the regulations that the elected officials voted for. What were the design review board and the planning and zoning staff doing when the design was put forth?"

Mr. Vos, I'm not sure your defense of Ms. O'Neil (not "Neil") is accurate. Yes, she is charged with enforcing the regulations, but, reading the article and all the comments, it certainly sounds like she interjected a large if not complete dose of her own personal aesthetic judgment into her decision, does it not? It sounds like she had total discretion to decide that the fins are allegedly an intolerable architectural abomination and slap The Spot with a fine. So I'm not sure it is fair for you to label her as just a scapegoat here.

But you do have a point: if the Planning Dept. is totally out of control, as it clearly appears to be, it is the responsibility of higher-ups in the Kiss mal-administration to be exercising control. Clearly they are not doing that. What a surprise.

However, again, that does not mean that Ms. O'Neil herself did not make an incredibly stupid decision and shouldn't be held to account for it.

EVERY rooftop should have a little personal turbine on it. If it's good enough for Denmark, it's good enough for me. Time to get different city planners in Burlington with at least ONE foot in reality.

Ok, that's a bit overboard Ellen. Lets just let it be each individual's choice. Telling someone they have to have a turbine is just as bad as telling someone they can't

Sorry, the wind turbine is awesome and a great statement reminding us that we all need to continue to explore renewable resources. The fins? Seriously? I think there are far bigger fish to fry than fussing over a small detail on the turbine. How about a round of applause for Russ and Roxanne for taking steps to inspire all of us to find alternative energy sources.

No word yet on whether any windmills are planned:


"It’s official: Panera Bread is coming to downtown Burlington, opening its first store in Vermont. Panera is the world’s largest chain of bakery-cafes serving pastries, sandwiches, soups and baked bread.

Tony Pomerleau of Pomerleau Realty confirmed Wednesday that he had finalized a deal with the national chain to lease 4,400 square feet in the F.W. Woolworth Building on Church Street"

http://www.burlingtonfreepress.com/article/20110420/NEWS01/110420038/Pomerleau-closes-deal-bring-Panera-Burlington-?odyssey=tab|topnews|text|FRONTPAGE

I LOVE the Spot! I think the building including the turbine with fins is spectacular. I really think they did a great job with making that building something special. It still retains it's funky historic gas station feel while heralding in the new age of renewable energy. Planning Board and Ms. O'Neill, give us Burlington residents a break and find something worthy to pick on, believe me there are plenty of other things you should be focusing on.

The zoning folks are really splitting hairs in order to get more fees, and it is obscene that they are doing so. Come on, get real. The turbines look great, they serve a wonderful purpose, and this bureaucratic nonsense is the city's response? For shame.

It really seems to me that this all boils down to a personal issue. That there is one person, this Mary perhaps, that dislikes either the Spot, or the owner, and so is doing her best to make any trouble that she can for him and his business. Whether or not that's the case, she needs to get over herself. People need to realize the big picture of things and embrace alternative energy sources, not make people jump through hoops for them. Shame on her, and everyone who has let this get this far.

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