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District 4 Environmental Commission Re: Burton Corporation Applications 4C0174-6

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District 4 Environmental Commission Re: Burton Corporation Applications 4C0174-6 District 4 Environmental Commission Re: Burton Corporation Applications 4C0174-6; 4C0358-3 CERTIFICATE OF SERVICE I certify that I have today delivered Prefiled Testimony of Lawrence Smith, Laura Waters, Dana Walrath, Diane deTerra, Doug Goodman, Janice Ellis, Almy Landauer, Michael Turner, Stephanie Herrick, Wendy Bratt, Sharon O'Neill, and Luc Logan to all other parties to this case as follows: o By Electronic Mail The name and address of the party to whom the mail was addressed or personal delivery was made are as follows: The Burton Corporation [email protected] c/o JustinWorthley, Mike Fialko-Casey, Eric Bergstrom Katherine Schad, Town Clerk Chair, 180 Queen City Park Road Selectboard/Chair, Planning Commission Burlington, VT 05401 City of Burlington [email protected]; 149 Church Street [email protected]; Burlington, VT 05401 [email protected] burlingtontownclerk@burling tonvt.gov; John Caulo [email protected]; LandPlan Development Services, LLC [email protected] 61 Central Avenue Burlington, VT 05401 Susan Molzon, [email protected] Senior Engineer Burlington Department of Public Works Tyler Barnard, Paul Boisvert 645 Pine Street Engineering Ventures Burlington, VT 05401 208 Flynn Ave, Suite 2A [email protected] Burlington, VT 05401 [email protected]; Colin McNeil [email protected] McNeil, Leddy & Sheahan, P.C. 271 South Union Street Brian Dunkiel, Jonathan Rose, Malachi Burlington, VT 05401 Brennan [email protected] Dunkiel Saunders Elliott Raubvogel & Hand, PLLC Donna Kinville, Town Clerk 91 College Street, P.O. Box 545 Chair, Selectboard/Chair, Planning Comm. Burlington, Vermont 05402-0545 City of South Burlington [email protected]; 575 Dorset Street [email protected]; South Burlington, VT 05403 [email protected]; [email protected]; [email protected]; [email protected] Stephen Crowley, Asst. Water Operator South Burlington Fire District #1 12 Pleasant Ave South Burlington, VT 05403 [email protected] Taylor Newton Chittenden County Regional Planning Dated: 3/3/2021 Commission 110 West Canal Street, Suite 202 /s/ Caroline Engvall Winooski, VT 05404 Caroline Engvall [email protected]; Assistant to Counsel, [email protected] James A. Dumont, Esq. [email protected] Agency of Natural Resources 1 National Life Drive, Davis 2 Montpelier, VT 05602-3901 [email protected] Department of Public Service 112 State Street, Drawer 20 Montpelier, VT 05620-2601 [email protected]; [email protected] VTrans Policy, Planning & Research Bureau Barre City Place 219 N. Main Street Barre, VT 05641 [email protected] Agency of Agriculture, Food & Markets 116 State Street, Drawer 20 Montpelier, VT 05620-2901 [email protected] Division for Historic Preservation National Life Building, Drawer 20 Montpelier, VT 05620 [email protected]; [email protected] [email protected] District 4 Environmental Commission Re: Burton Corporation Applications 4C0174-6; 4C0358-3 PREFILED TESTIMONY OF DEBORAH ALMY LANDAUER Table of Contents 1. Name p. 2 2. Summary p. 2 3. Location of residence p. 2 4. Safety and health impacts under Act 250 Criteria 1 and 1B p. 2 5. Traffic impacts under Act 250 Criteria 5.5(A) & 5(B) p. 4 6. Impacts on ability to provide municipal services under Act 250 Criterion 7 p. 6 7. Impacts on resident of Red Rock Condo neighborhood under Criterion 8 p. 7 8. Impacts on user of Red Rocks Park under Act 250 Criteria 8 and 9(k) p. 9 9. Applicable municipal and regional plan sections, and impacts of noncompliance under Act 250 Criterion 10 p. 10 1 District 4 Environmental Commission Re: Burton Corporation Applications 4C0174-6; 4C0358-3 PREFILED TESTIMONY OF DEBORAH ALMY LANDAUER 1. Please state your name. My name is Almy Landauer. 2. Please summarize your testimony. I submit this testimony to support my Petition for Party Status. My purpose is to show that I will suffer injury from the proposed project, that there is a causal connection between the injuries I will suffer and the proposed project, and that the injury I would suffer would not occur if the permits were to be denied or conditioned to prevent the injuries. I have read all or almost all the application documents that were filed in relation to this project. 3. Please describe where you live. I live at 161 Austin Drive, Unit 139, Burlington VT. This is 1275 feet from the proposed project. See attached map. 4. Please describe the safety and Health Impacts of the Project on you under Act 250 Criteria 1 and 1B Air pollution. The additional noise and dust and potential hazardous contamination releases (asbestos, lead or PCB contaminates) that will be created from the 12-month stormwater management and parking lot construction project will affect my health. I drive on Queen City Park Road normally several times a day both for commuting in the morning and evening, sometimes later in the evening if I have a work meeting that keeps me at work until 6 or 7 pm. I bicycle on Queen City Park road occasionally in the spring, summer and fall, at any time of day including in the evenings between 4 and 8 pm. I already have lung complications which are being treated by my primary care doctor. There are known contaminants on the property, as identified in the ENSR Phase 1 Environmental Site Assessment dated January 2001, and during construction it is reasonably likely that those contaminants will become airborne creating the potential for us to inhale them when traveling past the site. This is reasonably likely because those contaminations include Asbestos, Lead, Chromates, PFAS, Arsenic and other contaminants that have been identified to be located on the site. It is known that some of these contaminants exist in the soils under the 2 existing blacktop. The blacktop will be removed during construction and the soils will be disturbed during regrading and excavation. This disturbance will expose the contaminants to the elements and has the potential to cause the contaminants to become airborne exposing us to this contamination. Additionally, asbestos is present in the interior of the building which will be renovated. There is currently no mitigation plan in place and without proper handling asbestos fibers may become airborne and expose me to this hazard. Interruption of Sleep by Noise. Noise has numerous health effects including health effects related to sleep loss that will be produced by this development. The nighttime noise associated with the rock music, traffic, and crowds near my residential neighborhood in the evening and in the middle of the night will awaken me. I am a light sleeper and am particularly vulnerable because I am already under a doctor’s care for sleep issues. The noise will impact my health, well-being, and performance. I sleep with a window(s) open almost year-round for fresh air and to lower my electricity bill by avoiding use of air conditioning. The nighttime noise from both the loud concerts and the traffic will keep me up. I am an early to bed and early to rise person. The low frequency noise bursts created by many music performances will penetrate the night air and be disruptive. I know that Higher Ground, in its present location, has created enough noise to generate noise complaints from residents who live farther from the site than I live from this site. The 2,300 sq. foot outdoor lounge including in the proposal and the outdoor restaurants will increase the noise and the length of time before concerts where there will be noise that will disturb me. My home is uphill and to the west of the site, so prevailing winds will bring the noise to me. This site, unlike the existing one, will feature a 2,300 sq ft outdoor lounge which can accommodate in excess of 150 people. When 1,500 patrons exit a loud rock concert during the wee hours of the night, travel to and then start up their up to 680 vehicles cars, trucks, and motorcycles as they leave the event there will be significant noise disturbance, particularly when the wind is blowing from the direction of the venue. These disturbances will have a negative impact on my sleep patterns and health. The noise of the buses and tractor trailer trucks arriving and departing before and after concerts will also increase the amount and length of noise disturbance. 3 Water Pollution – Combined Sewer and Stormwater Runoff. As stated in the letter from the Burlington Public Works Department dated October 30th 2020, during wet weather there is a likelihood that this project will be responsible for the dumping of over 9,600 gallons of wastewater directly into Lake Champlain because of the combined sewer and storm water system that serves this property. The Burlington DPW states in their approval letter that this “letter only addresses dry weather treatment plant and not organic loading or wet weather collection system capacities.” These overflow events contaminate the lake where I like to swim and recreate. This contamination has the potential to make me sick and when detected has caused Oakledge Beach, and Red Rocks Beach to be closed. These potential exposures and closures directly impact my ability to enjoy the lake and get exercise swimming both of which impact my overall health. 5. Please describe the traffic Impacts of the Project on you under Act 250 Criteria 5.5(A) & 5(B) The Impact of Increased Traffic On My Safety and Quality of Life as Pedestrian, Bicyclist and Motorist. My property is located at 161 Austin Drive. The Parking Management Plan submitted by Burton Corp. does not provide adequate onsite parking for the anticipated number of cars, will create overflow parking on my local streets causing congestion and unsafe conditions. I live at 161 Austin Drive, around the corner from the site via a small city street.
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