Minutes

Agendas - Cemetery Commission

Agendas - Development Review Board

Agendas - Ethics Committee

Agendas - Parks & Recreation Committee

Agendas - Planning Commission

Agendas - Selectboard Agendas & Town Manager Reports

Agendas - Social Services Committee

Board of Civil Authority/Abatement Minutes

Cemetery Commission Minutes

Development Review Board/Zoning Board of Adjustment Minutes

Zoning Board of Adjustment Minutes - 2002

Zoning Board of Adjustment Minutes - 2003

Zoning Board of Adjustment Minutes - 2004

Zoning Board of Adjustment Minutes - 2005

Zoning Board of Adjustment Minutes - 2006

Zoning Board of Adjustment Minutes - Jan - Sep 2007

Development Review Board Minutes - Sep 2007/2008

Development Review Board Minutes - 2009

Development Review Board Meeting Minutes - 2010

Development Review Board Meeting Minutes - 2011

Development Review Board Minutes - 2012

Development Review Board Minutes - 2013

Development Review Board Minutes - 2014

Pierson Library Trustee Minutes

Planning Commission Minutes

Recreation Committee Minutes

Selectboard Minutes

Social Services Committee Minutes
 



minutes

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.
TOWN OF SHELBURNE

DEVELOPMENT REVIEW BOARD
MINUTES OF MEETING
May 2, 2012
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Victor Castro, Jeff Pauza, Anna Rosenblum Palmer. (Laurie Smith, Peter Keelan, and Claude LaPierre were absent.).
STAFF PRESENT:              John Adams, DRB Administrator.
OTHERS PRESENT:          Julie Fisher, Jerry Fisher, Fritz Horton, Mike Deavitt, Sam Deavitt, James Bahrenburg, Erica Richard, Walter Bartlau, Stuart Morrow, Peter Friedrichsen, Heather Friedrichsen.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Variance, Front Yard Setback, Lot on Northern Heights Drive, Jerry Fisher (V12-07)
·         Conditional Use\Site Plan, Licensed Daycare, 84 Green Hills Drive, Peter and Heather Friedrichsen (CU12-06\SP12-01)
·         Preliminary Plan, Two Lot PUD, Two Duplexes, 75 Northside Drive, James Bahrenburg (SUB08-04R1)
  1. Approval of Minutes
  2. Other Business/Correspondence
  3. Adjournment and/or Deliberative Session
 

1.         CALL TO ORDER and ANNOUNCEMENTS
Chairman David Conard called the meeting to order at 7 PM. There were no announcements.
 
2.         PUBLIC COMMENT
Fritiz Horton re: Design Review on Route 7
Fritz Horton, Chairman of Shelburne Historic Preservation and Design Review Committee, requested that SHP&DRC be involved in projects on Route 7 under review by the DRB.  Mr. Horton cited the meat processing building and the Kinney Drugs building as two projects that could have benefited from design review.  David Conard pointed out the DRB did work with the applicants on suggested changes, some of which were implemented. The DRB does not have the ability to change a developer’s design. DRB jurisdiction is to ensure the ordinance is satisfied and if so then a permit must be issued. SHP&DRC members could have attended the hearings on the application and made comment.  Anna Rosenblum Palmer agreed the Route 7 corridor should be under design review, but until then the DRB can only suggest that applicants talk to SHP&DRC which may in some cases help expedite review of the project.  Presently the town is considering developing a new code (form based) which should have a positive impact on the area.
 
3.         APPLICATIONS
The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.
 
V12-07: Variance application to modify the front yard setback on a vacant lot on Northern Heights Drive in the Rural Zoning District by Jerry Fisher
Jerry Fisher and Stuart Morrow appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 5/2/12. John Adams explained the request for a variance from the front yard setback to change from 75’ to 30’ on the eastern side of Northern Heights Drive. Explanation from the applicant is needed as to why the development cannot occur at the northern most end of the lot as well as whether the building envelope extending along the entire lot is the least variance.  Additionally, the boundary needs to reflect the current situation.
 
John Adams gave the DRB a copy of the email letter from Kraig Richard, 275 Northern Heights, dated 4/30/12, regarding concern for the variance and loss of trees and dust from the quarry.
 
APPLICANT COMMENTS
Stuart Morrow stated the northeast corner of Lot 8 drops dramatically (ledge and slope of 15º down to the quarry).  Regarding a potential house site, with unlimited funds it may be possible to locate a house there, but not really feasible. To have the building envelope southerly near Irish Hill Road may present a minor issue of the house being visible. There are several options for building envelopes if the variance is granted, said Mr. Morrow. Anna Rosenblum Palmer commented it appears the place to build a house without a variance is where the vegetation should remain. David Conard interjected the applicant needs to submit evidence to indicate this, that there is not reasonable use of the lot without a variance. Also, evidence is needed that the variance requested is the minimal variance to allow use of the lot.
 
Stuart Morrow asked about the town accepting the lot under the zoning rules at the time and then the rules changing. David Conard explained a valid preexisting lot that has not been merged would be a legal lot, but the new rules would apply. If a lot is valid and the regulations change so much that the lot cannot be developed and if all the other variance criteria are met, then a variance can be granted otherwise it is very difficult to get a variance. Evidence is needed from the applicant proving the northeast corner of the lot is not buildable without a variance.
 
PUBLIC COMMENT
Walter Bartlau, Lot 4, Northern Heights, asked about the boundary changes on lots 7 & 8. David Conard explained the road was added to Lot 7. No change was made to Lot 8. Mr. Bartlau submitted a letter to Steve Vock from the State Wastewater Management Division, dated December 8, 2000, regarding the Northern Heights subdivision. It appears a variance was granted for lots 1,2,3,4, 5, 6 and 8 and Lot 7 got smaller.
 
There were no further comments.
 
DELIBERATION/DECISION
Variance, Modify Front Yard Setback, Lot on Northern Heights Drive, Fisher (V12-07)
MOTION by Anna Rosenblum Palmer, SECOND by Victor Castro, to continue the variance application (V12-07) by Jerry Fisher for property on Northern Heights Drive until June 6, 2012.  VOTING: unanimous (5-0); motion carried.
 
John Adams will inform Kraig Richard of the opportunity to made comment on the Fisher variance application at the June 6, 2012 meeting.
 
CU12-06\SP12-01: Conditional Use\Site Plan for a licensed daycare home with more than six children at 84 Green Hills Drive in the Residential Zoning District by Peter and Heather Friedrichsen
Peter and Heather Friedrichsen appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 5/2/12. John Adams explained the proposal for a licensed daycare for up to 12 children. No changes to the site are proposed. Information is needed on parking and circulation. The applicant must obtain any necessary sewer allocation prior to a permit being issued.
 
APPLICANT COMMENTS
Heather Friedrichsen stated there is on-street parking in the self-contained neighborhood and cars can also park in the driveway. MS. Friedrichsen said she has been operating a daycare for six children for the past eight years with staggered pickup and drop off of the children. This practice will continue with the additional children. David Conard suggested a condition of approval that says under normal circumstances there shall be no more than six children picked up/dropped off in a 45 minute period. Ms. Friedrichsen expressed concern about any potential long term impact on the business by the condition. Mr. Conard pointed out the application can be amended at any time if necessary.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Conditional Use\Site Plan, Licensed Daycare, 84 Green Hills Drive, Peter and Heather Friedrichsen (CU12-06\SP12-01)
MOTION by Jeff Pauza, SECOND by Anna Rosenblum Palmer, to direct staff to prepare a decision to indicate Conditional Use (CU12-06) and Site Plan (SP12-01) approval for a licensed daycare home for up to 12 children at 84 Green Hills Drive by Peter and Heather Friedrichsen with the following conditions:
1.      The applicant shall obtain any required additional waste water allocation from the Town of Shelburne.
2.      Under normal circumstances there shall be no more than six children picked up/dropped off within a 45 minute period.
VOTING: unanimous (5-0); motion carried.
 
SUB08-04R1: Preliminary Plan for a PUD involving two existing vacant lots that will result in the creation of two duplex units at 75 Northside Drive in the Residential Zoning District by James Bahrenburg
James Bahrenburg appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 5/2/12. John Adams recalled at Sketch Plan review of the Bahrenburg proposal the DRB recommended the two single family home driveways remain separate. The frontage on Lot 9-1 is 115’ and the frontage on Lot 9-2 is 130’. The open space agreement has been received from the applicant. To date comments from the public works department have not yet been received (the applicant will follow up with the public works department).
 
There was discussion of the location of a dumpster or garbage cans not being out in front of the units since there are no garages planned. There was also discussion of not allowing material to collect in the space between the two duplex buildings.  The applicant will take the matter under consideration.
 
APPLICANT COMMENTS
The applicant did not add further comment to the staff report.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Preliminary Plan, Two Lot PUD, Two Duplex Units, 75 Northside Drive, Bahrenburg (SUB08-04R1)
MOTION by Mark Sammut, SECOND by Jeff Pauza, to grant the following requested waivers:
  • Waiver of interior 15’ side yard setback between lots 9-1 & 9-2
  • Waiver of the frontage requirement for duplexes
VOTING: unanimous (5-0); motion carried.
 
MOTION by Mark Sammut, SECOND by Jeff Pauza, to grant Preliminary Plan approval of application SUB08-04R1 for a two lot PUD for two duplex units at 75 Northside Drive by James Bahrenburg with the following conditions:
1.  Any corresponding Final Plan application shall be submitted within six months of this approval.
2.  Any corresponding Final Plan approval shall address any comments from Shelburne Public Works.
VOTING: unanimous (5-0); motion carried.
 
4.         APPROVAL OF MINUTES
April 18, 2012
MOTION by Victor Castro, SECOND by Jeff Pauza, to approve the 4/18/12 minutes as written. VOTING: unanimous (5-0); motion carried.
 
5.         OTHER BUSINESS/CORRESPONDENCE
None.
 
6.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Anna Rosenblum Palmer, SECOND by Jeff Pauza, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 8:02 PM.
 
RScty: MERiordan
*************************************

MINUTES SUBJECT TO CORRECTION BY THE SHELBURNE DEVELOPMENT REVIEW BOARD. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE BOARD.
TOWN OF SHELBURNE

DEVELOPMENT REVIEW BOARD
MINUTES OF MEETING
May 16, 2012
 
MEMBERS PRESENT:      Mark Sammut, Anna Rosenblum Palmer, Jeff Pauza, Laurie Smith, Peter Keelan. (David Conard and Victor Castro were absent.).
STAFF PRESENT:              John Adams, DRB Administrator.
OTHERS PRESENT:          Patrick O’Brien, David Carroll, James Carroll, Rolf Keilman, John Chafe, Barb Johnson, Pam Brangan, Fritz Horton.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Boundary Line Adjustment, 30 & 90 Church Street, St. Catherine of Sienna Parish (SUB12-02)
·         Conditional Use, Modify Existing Nonconforming Structure, 4279 Harbor Road, Donald and Cheryl Appe (CU12-08)
·         Preliminary Plan, Subdivision, 4484, 2055, 4188, and 4190 Shelburne Road, Rice Lumber Co. (SUB11-07)
  1. Approval of Minutes
  2. Other Business/Correspondence
  3. Adjournment and/or Deliberative Session
 

1.         CALL TO ORDER and ANNOUNCEMENTS
In the absence of David Conard, Mark Sammut called the meeting to order at 7 PM. There were no announcements.
 
2.         PUBLIC COMMENT
There were no comments from the public at this time.
 
3.         APPLICATIONS
The function of the Development Review Board as a quasi-judicial board and the hearing procedure were explained. Individuals to give testimony before the Board were sworn in.
 
SUB12-02: Boundary Line Adjustment at 30 and 92 Church Street between St. Catherine of Sienna Parish and First United Methodist Church of Shelburne in the Village Center Mixed Use Zoning District by St. Catherine of Sienna Parish Charitable Trust
No one appeared on behalf of the application. John Adams noted the applicant requested a continuance to June 6, 2012.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to continue the application for a boundary line adjustment between 30 Church Street and 92 Church Street (SUB12-02) by St. Catherine of Sienna Parish Charitable Trust until June 6, 2012 per the request of the applicant. VOTING: unanimous (5-0); motion carried.
 
CU12-08: Conditional Use application to modify an existing nonconforming structure in the Lakeshore Overlay at 4279 Harbor Road in the Rural Zoning District by Donald and Cheryl Appe
Rolf Keilman and John Chafe appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 5/16/12. John Adams explained the proposal to modify an existing nonconforming structure (single family house) in the Lakeshore Overlay. What existed as of April 1980 was used in the volume calculation. The applicant submitted revised plans that show a different calculation (decreases the volume by 9 c.f.) and moves the house slightly farther back from the lake.
 
APPLICANT COMMENTS
Rolf Keilman stated the house design did not change. The extent of the volume that would be nonconforming is the same, but the house structure itself was moved back from the lakeshore so the amount of nonconformance in the setback meets the regulations.   Moving the house changed the volumetric calculation from 44.5 to 35. The house is contemporary in design and energy efficient with a green roof.
 
Mark Sammut asked if the existing structure will be torn down and rebuilt. Mr. Keilman said substantially the house is being rebuilt with some of the existing residence incorporated into the new structure. The footprint of the house including the garage is 3,000 s.f. The house is screened from view from the road.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Conditional Use, Modify Existing Nonconforming Structure, 4279 Harbor Road, Appe (CU12-08)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to direct staff to prepare a decision to indicate approval of Conditional Use application, CU12-08, by Donald and Cheryl Appe to modify and expand an existing noncomplying structure (single family house) in the lakeshore setback at 4279 Harbor Road in the Rural Zoning District as depicted in plans by Truex Cullins, date stamped May 15, 2012, with the following condition(s):
1.  A zoning permit shall be required prior to construction.
VOTING: unanimous (5-0); motion carried.
 
SUB1-07: Preliminary Plan approval to subdivide 46 acres at 4484, 2055, 4188, and 4190 Shelburne Road in the Mixed Use Zoning District into six commercial lots and four residential lots by Rice Lumber Co.
Patrick O’Brien, Dave Carroll, and Jim Carroll appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 5/16/12. John Adams explained the proposal for a 10-lot mixed use PUD including relocation of the lumber yard and creation of four residential lots and several commercial lots.  More information is needed on traffic and circulation (safety with proximity to the jug handle), visual impacts, lighting photo-metrics, natural resources, open space, dumpster location, building materials and color, demolition plan and schedule during relocation of the lumber yard, and plans for the lots to help determine the lot lines and curb cuts. The DRB needs to decide if an independent technical review is needed on any aspect of the traffic study.  The DRB can ask for assistance/comment from the Shelburne Historic Preservation and Design Review Committee (SHP&DRC) in review of the proposal. The applicant needs to submit an open space agreement and provide comment on the suggestion to conserve the area where the residential lots are proposed (Shelburne Natural Resources Committee suggests the area be conserved rather than developed to minimize impacts on wildlife). Comments have been received from the Fire Chief and the Waste Water Department.  The applicant needs to relinquish the 2003 approval for development (Rice Woods) in the land records.
 
APPLICANT COMMENTS
Patrick O’Brien reported the following on the proposal:
  • An open space agreement plus attachments with the proposed plat for the open space agreement and the exhibit referenced by the agreement have been submitted.
  • An expert was hired to do a field investigation of endangered plant species and wildlife and found four plant species on the cliffs, but none in the building envelopes. Yellow Oak trees which are rare in the northern zone, but not endangered have been marked and will not be disturbed. Wildlife expert, Sue Morse, found evidence of bobcat using the land by the cliffs and in the valley, but the proposal is not impacting den sites, however, there should be no blasting for house sites during the springtime when the young are born. Ms. Morse continues to work with a national conservation group to conserve the property.
  • The building envelopes are being ‘clustered’ even though the lots are not combined. The open space will be around the houses. Mr. O’Brien suggested the open space be brought into Lot 1 though with Act 250 review it is highly unlikely any development will be allowed outside of the building envelope.
  • Mr. O’Brien reviewed the slope on the site. An overlay of the building envelopes will be put on the slope map.
  • Oak trees (two inch caliper in size) will be planted along the street. There will be evergreens in front and between the six oak trees along the front of Lot 3.
  • Sidewalk is not necessary because there will not be pedestrian traffic.
  • A bike rack will be added and dumpster locations will be shown on the plan. The trash enclosure gate detail may be changed.
  • Lamoureux and Dickinson will send a letter addressing traffic circulation. The right turn out of the site going south works fine. The jug handle can be used, too. Third party technical review will be VTrans. Materials have been submitted to VTrans.
  • Curb cuts are shown because access to the lot must be shown, but a buyer may relocate the curb cut and submit a revised plan.
  • Regarding lighting, nine foot high bollards are proposed with LED lights on timers and photo sensors.  (Mark Sammut reminded there must be compliance with the town’s lighting ordinance, and less is more.)
  • Of the 46.5 acres with consideration for slope and commercial development there are 28 acres of developable area which could support 112 units. Only six commercial lots and four residential lots are proposed.  (John Adams stated calculations showing density details need to be submitted. Any future application will be an amendment to the PUD and unit density.)
  • The form to relinquish the Rice Woods subdivision approval has been approved by the town and will be executed.
 
Mr. O’Brien asked about removing invasive species on the property. The DRB agreed invasive species on the site can be cleared and to amend the agreement to allow this.
 
Jeff Pauza asked about solar panels or windmills in the open space. Patrick O’Brien stated the intent is not to allow the energy devices. John Adams stated the town is pre-empted from any regulation of solar or wind devices.
 
Anna Rosenblum Palmer asked if consideration had been given to locating the building envelopes on the other side of the road farther from the bobcat habitat.  Patrick O’Brien pointed out the property owner is proposing only four lots with small building envelopes on approximately 18 acres which is very different from the 2003 approval. The building envelopes can be moved back a few feet. The cliff band and the residences will not be visible from Harbor Road or Bay Road due to the existing trees coupled with the landscaping plan. In winter, the house roof may be visible. The warehouse building with the cupola will be visible which is good for business.
 
Pam Brangan and Barb Johnson, Shelburne Natural Resources Committee, stated the committee’s priority is to conserve rather than develop near the ridge. The building envelopes appear to be closer to the ridge than what was shown on the previous plan. There is concern for the impact on bobcats and other wildlife in the area. The committee proposes the development be clustered in a smaller area away from the west edge of the property or information be provided documenting that the house sites do not propose a threat to bobcats and spring denning.  Patrick O’Brien pointed out bobcat is not an endangered species and in fact Vermont has a trapping season for bobcat. The area is a good environment for bobcat, but it is hard to quantify. There is no proposal to build where there is critical habitat for any species.  Anna Rosenblum Palmer suggested the applicant include a letter or testimony from an expert on wildlife for the record, much like what was done for the Yellow Oak trees. Barb Johnson asked why the buildings are proposed to be located so close to the cliffs. Jim Carroll stated there are great east, west, south views from the cliffs. Mr. Carroll testified he has never seen a bobcat on the property since he has been there (since 1970) though they are there. Patrick O’Brien added wildlife expert, Sue Morse, prefers commercial rather than residential development because activity declines after business hours on a commercial lot and there are no people or dogs to bother the wildlife.  Laurie Smith suggested that Sue Morse address the impact of the location of the residences relative to the cliffs and if there is less impact with the building envelopes moved farther back from the cliffs.
 
Jim Carroll stated the proposal lends itself to what Shelburne wants and the vision for Route 7.  There was discussion about asking a voluntary review and comment on the proposal by the design review committee. Patrick O’Brien stated the Carrolls have put forth a good faith effort and money in the design of the proposal. Suggestions for minor adjustments are acceptable, but no big changes. Fritz Horton, chairman of the design review committee, assured there is mutual interest in making the project as good as can be. The design review committee will provide feedback and recommendations only.  John Adams noted the DRB is charged with determining compliance to the bylaws. There are some design requirements in the bylaws pertaining to landscaping and character of the area as defined by the purpose of the zoning district.
 
Mark Sammut asked for an overlay of the buildings on the lot and existing landscaping, and the view from the LaPlatte River looking north. Patrick O’Brien will do an aerial view and profile. Mr. Sammut stated a long and short term plan dealing with the demolition of buildings is needed. Unused buildings should not remain for a long period of time. Jim Carroll said once the new building is in place the old one will be removed, but the goal is to sell the property so the building(s) will be maintained to help with the sale.  Patrick O’Brien suggested there could be a condition of approval saying the buildings on lots 2, 3, and 4 shall be removed if not occupied for a continuous period of a certain number of months. The plan is to use the steel from two of the larger buildings. Mr. O’Brien will submit a strategy for the existing buildings on the site.
 
Anna Rosenblum Palmer suggested spending the landscaping funds on the lots to be developed and allowing the lots that will be sold to others for development at a future time to become meadow. There was discussion of blending plantings into existing trees, not necessarily hiding buildings from view. Patrick O’Brien will submit a revised landscaping plan.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Preliminary Plan, Subdivision, Six Commercial and Four Residential Lots, 4484, 2055, 4188, and 4190 Shelburne Road, Rice Lumber Co. (SUB11-07)
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to continue the Preliminary Plan review of SUB11-07 for a subdivision at 4484, 2055, 4188, and 4190 Shelburne Road by Rice Lumber Co. until June 6, 2012. VOTING: unanimous (5-0); motion carried.
 
4.         APPROVAL OF MINUTES
May 2, 2012
MOTION by Anna Rosenblum Palmer, SECOND by Peter Keelan, to approve the 5/2/12 minutes with the correction that Claude LaPierre is no longer on the DRB. VOTING: unanimous (5-0); motion carried.
 
5.         OTHER BUSINESS/CORRESPONDENCE
None.
 
6.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Anna Rosenblum Palmer, SECOND by Peter Keelan, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:25 PM.
 
RScty: MERiordan

January 2012

February 2012

March 2012

April 2012

May 2012

June 2012

July 2012

August 2012

September 2012

October 2012

November 2012

December 2012

November 2013







P.O. Box 88
5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


Home | Contacts | Departments | Events | Information | Search | Site Map | Services | Forms | Minutes