Conservation Board
Regular MeetingBurlington, VT · December 1, 2025
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