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minutes

August 2012

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
August 1, 2012
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Jeff Pauza, Laurie Smith, Anna Rosenblum Palmer, Dick Elkins. (Victor Castro and Peter Keelan were absent.).
STAFF PRESENT:              Dean Pierce, Town Planner.
OTHERS PRESENT:          David Carroll, James Carroll, Jody Carriere, Patrick O’Brien, Amy Saar, Stephen Vock, Ron Bouchard, Brian Precourt.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Preliminary Plan, Subdivision, 4484, 2055, 4188, and 4190 Shelburne Road, Rice Lumber Co. (SUB11-07)
·         Conditional Use, Seawall, 3735 Harbor Road, John and Amy Saar/Town of Shelburne (CU12-09)
  1. Informal Discussion with Planning Commission
  2. Approval of Minutes
  3. Other Business/Correspondence
  4. Adjournment and/or Deliberative Session
 

1.         CALL TO ORDER and ANNOUNCEMENTS
Chairman David Conard called the meeting to order at 7:12 PM.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to reorder the agenda to hear the Saar application before the Rice Lumber application.
DISCUSSION: It was noted Dick Elkins will hear the Saar application in place of David Conard who will recuse himself for the application.
VOTING: unanimous (6-0); motion carried.
 
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.
 
CU12-09: Conditional Use application by John and Amy Saar and the Town of Shelburne for an erosion control structure in the Lakeshore Overlay District on property at 3735 Harbor Road in the Rural Zoning District
Amy Saar and Steve Vock with Civil Engineering Associates appeared on behalf of the application. David Conard recused himself. Mark Sammut assumed the duties of chairman.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/1/12. Dean Pierce explained project is being jointly done by the Saars and the town due to a road failure and the need for a seawall to protect the principle structure. A letter has been received from the engineer indicating the seawall is the best solution. More information is needed on the material to be used for the seawall.
 
APPLICANT COMENTS
Steve Vock explained the roadway failure and repair (backfill and paving) as well as the installation of an under drain on the west side of the road. The road failure impacted the Saar property. The solution is to put ballast at the toe of the failure to stop the rotation and rebuild the seawall with geotextile material. Access to the lake for pedestrians or a small tractor, not vehicles, will be maintained. Three to five tons of dark, reddish brown stone from the Whitcomb quarry will be used. The shades of color vary in the stone. The stone will be tied together with the geotextile material. There are seawalls in Shelburne with the same aggregate.
 
Anna Rosenblum Palmer asked about changing the roadway to follow the new contour. Steve Vock said the work would be out of the right-of-way. The characteristics that exist (soils, ground water movement west to east) are found elsewhere.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Conditional Use, Seawall, 3735 Harbor Road, Saar/Town of Shelburne (CU12-09)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to direct staff to prepare a decision to indicate conditional use approval of application CU12-09 by John and Amy Saar/Town of Shelburne to construct a lakeshore erosion control seawall along the shoreline in the Lakeshore Overlay as depicted on the site plan entitled “Harbor Road Slope Stabilization and Roadway Reconstruction” prepared by Civil Engineering Associates, dated August 2011 and date stamped July 11, 2012 with the following condition(s):
1.  Within two years of the approval date a professional engineer shall certify that the project has been constructed according to approved plans as conditioned.
VOTING unanimous (5-0); motion carried.
 
David Conard returned to the DRB and resumed the duties of chairman. Dick Elkins joined the audience to participate as a member of the planning commission in the discussion with the DRB and the Planning Commission later in the meeting.
 
SUB11-07: 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, Jim and Dave Carroll, and Jody Carriere appeared on behalf of the application.
 
STAFF REPORT
The DRB received a staff memo on the application, dated July 26, 2012.  David Conard noted connectivity is an outstanding issue and in his interpretation the ordinance for a PUD requires a finding that the plan maximizes traffic safety and where feasible connectivity is required. Laurie Smith asked if the connectivity can be approved when the lots along Route 7 are developed and the use is known. David Conard pointed out the applicant has a significant business on a contiguous lot and the lot is accessed by the signalized intersection, but the proposal is to change to an access without a signalized intersection and no connectivity. Mr. Conard questioned being able to grant approval per Section 900 of the ordinance when there is access on a side road without connectivity. A condition of Final Plan approval should be that the roadway connect the lots without going onto Route 7. Jeff Pauza inquired if the same would apply if there was a half mile between the lots and the business. David Conard said he did not analyze that scenario. Also, per Section 1910.4 of the conditional use criteria the proposal must be in conformance with the town comprehensive plan.  Anna Rosenblum Palmer suggested to satisfy the ordinance an easement be shown on the plans (there does not have to be a built road).
 
APPLICANT COMMENTS
Patrick O’Brien mentioned the wording on the final plats for lots 4, 5, and 6 that address internal connectivity.
 
Jody Carriere with Lamoureux & Dickinson reviewed u-turns by trucks coming from the south and accessing the site. A large truck was used in the modeling and the turn worked. There are two travel lanes plus a bus lane that is available. Regarding the signalized access and internal road, if the lot were open it would be safer with an internal road, but that is not the case and because there are buildings to drive around it is safer to stay on the existing road because it is built to standards and has signage. VTrans reviewed the plans as proposed and is issuing a highway access permit for the design.
 
There was continued discussion of connectivity per the ordinance.  David Conard stated the final plan could show a right-of-way that connects the private road from the signalized intersection to the access road up the hill and the road shall be completed before a certificate of occupancy is issued for lots 4, 5, and 6. There was mention of the potential for large trucks mixing with residential uses if the lots are developed as residential lots. Mr. Conard noted an amendment to the plan to relocate the road can be done if necessary. The objective is connectivity of the lots, not connectivity to the lumber yard. Patrick O’Brien offered to strengthen the notes on the site plan relative to connectivity. Anna Rosenblum Palmer suggested a permit condition requiring interconnectivity between the signalized intersection and the proposed access road to lots 1 and 2 before a certificate of occupancy is issued for lots 4, 5 and 6. Mark Sammut said the condition needs to be memorialized in the findings and on the plat.
 
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 Mark Sammut, SECOND by Anna Rosenblum Palmer, to direct staff to draft a proposed memorandum of decision for SUB11-07, application by Rice Lumber Co., to be formally approved at the next warned hearing, and said memorandum of decision shall encompass conditions as stated in the staff memo, dated June 17, 2012 with the following amendments and with the addition of the condition requiring connectivity as noted below:
Ø  Condition #4 - note that the subdivision of the lots is being approved, but not the site plans except for items specifically laid out on plans specifying infrastructure and a lot line adjustment to avoid bisecting any building.
Ø  Condition #6 - insert “and residential accessory structure” after “residential structures” in the first sentence and correct the title of Shelburne Historic Preservation and Design Review Committee.
Ø  Condition #12 – change to read “150’ away from the western boundary line”. Staff will draft a condition stating this item is outstanding and no building envelopes are approved at Preliminary Plan.
Ø  Condition #13 – deferred to be part of the building envelope discussion.
Ø  Condition #14 – change “within 36 months” to “18 months after the Certificate of Occupancy for building(s) on lots 1 and 2 are constructed”.
Ø  Add a condition requiring interconnectivity between the signalized intersection and the proposed access road to lots 1 and 2 before a certificate of occupancy is issued for lots 4, 5, and 6.
VOTING: unanimous (5-0); motion carried.
 
4.         INFORMAL DISCUSSION WITH PLANNING COMMISSION
There was discussion of the following with members of the Shelburne Planning Commission:
  • With regard to density, slopes greater than 15%, and developable land, Dean Pierce clarified development on slopes greater than 15% is not prohibited, but the DRB can give due consideration to developable area. Mark Sammut urged controlling density directly rather than using development on slopes to control density. Ron Bouchard stated using slope to control density results in a mishmash of density in an area which is not what the town wants. Dick Elkins felt the language is a good tool and when the town wants to increase density the tool can be eliminated. David Conard said the language should be clarified if it is for calculating density and not a prohibition on building on slopes.
  • Language such as “unsuitable soils” is subjective and not useful.
  • With site plans and subdivision applications there should be a provision that requires a survey if development is proposed within a certain proximity of setbacks. The threshold that triggers a survey needs to be determined. Also, if a structure is in the ground (fence, foundation) and within proximity of the boundary or setback then a professionally drafted site plan should be required.
  • The intent of the Lakeshore Overlay District is to preserve the appearance of the lake from the water and the shore, but there is difficulty with the written regulations meshing with the intent. The purpose and goal of the regulations must be clearly defined.
  • Knowing existing grades before development begins was mentioned.
  • Seawalls and avoiding a patchwork appearance was mentioned. The lake is everyone’s viewshed and should be preserved. There could be design review criteria for seawalls to help preserve what the public wants to see from the shore out at the lake and from the lake looking at the shore.
  • A mechanism is need to confirm what is actually built is what the applicant said would be built. There is no post-construction review, only reaction to complaints.
  • A process is needed to confirm compliance to the Vermont Energy code.
  • Life/safety inspection was mentioned.
  • Universal erosion control in the lakeshore was mentioned.
  • Basement space in the lakeshore district was mentioned.
  • Road width in the subdivision regulations relative to street trees was mentioned.
  • Form based code was mentioned.
  • Connectivity of roads, parking lots, and including easements in site plans for connectivity (for roads, paths or trails) was mentioned.
  • With objective criteria (i.e. 30% glass on the façade versus subjective wording such as “a suitable amount”) the DRB can waive requirements provided the criteria are met.
  • There is conflict between the zoning regulations, public works specifications, town plan, and subdivision regulations with regard to street width and street trees.
 
The Planning Commission will take the comments from the DRB under further consideration.
 
5.         APPROVAL OF MINUTES
June 20, 2012
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to approve the 6/20/12 minutes as written. VOTING: unanimous (5-0); motion carried.
 
July 18, 2012
MOTION by Mark Sammut, SECOND by Laurie Smith, to approve the 7/18/12 minutes as written. VOTING: 4 ayes, one abstention (Anna Rosenblum Palmer); motion carried.
 
6.         OTHER BUSINESS/CORRESPONDENCE
None.
 
7.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:25 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
August 15, 2012
 
MEMBERS PRESENT:      Mark Sammut, Jeff Pauza, Laurie Smith, Anna Rosenblum Palmer, Peter Keelan. (David Conard and Victor Castro were absent.).
STAFF PRESENT:              Dean Pierce, Town Planner; Jerry Ouimette, Fire Chief.
OTHERS PRESENT:          C.A. Ockert, J. H. Ockert, Elizabeth Elkins, Dave Marshall, Joan Lenes, Tom Shampnois, Stuart Bennett, Ellen Arapakos, Gail Albert, John Holt, Jimmy Slauterbeck, Domenico Grasso, James Carroll, David Webster, Michael Wisniewski, Greg Shover, James Bahrenbug, Kathy Beyer, Amy Wright.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Design Review, Privacy Fence, 1037 Falls Road, Elkins (DR12-09)
·         Design Review, Storage Shed, 259 Marsett Road, Arapakos (DR12-10)
·         Preliminary Plan, Subdivision, 4484, 2055, 4188, and 4190 Shelburne Road, Rice Lumber Co. (SUB11-07)
·         Conditional Use, Accessory Apartment, 36 Crown Road, Shampnois for Estate of Ryszard Kabicki (CU12-10)
·         Sketch Plan, Duplexes, PUD, 75 Northside Drive, Bahrenburg (SUB08-04R2)
·         Sketch Plan, PUD, 5059 Shelburne Road, Champlain Housing Trust (SUB12-04)
·         Preliminary Plan, 8-Lot Subdivision, 1140 Webster Road, C.H., LLC (SUB12-03)
  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.
 
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.
 
DR12-09: Design Review for a privacy fence at 1037 Falls Road by Russell and Elizabeth Elkins
Elizabeth Elkins appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/15/12. Dean Pierce stated the applicant proposes to install a privacy fence at 1037 Falls Road.
 
APPLICANT COMMENTS
The applicant had no further comments 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
Design Review, Privacy Fence, 1037 Falls Road, Elkins (DR12-09)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to grant design review approval to Russell and Elizabeth Elkins for a privacy fence at 1037 Falls Road as submitted. VOTING: unanimous (5-0); motion carried.
 
DR12-10: Design Review for a storage shed at 259 Marsett Road by Ellen Arapakos
Ellen Arapakos appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/15/12. Dean Pierce noted a variance was previously granted so the application for an 8’x 8’ shed is consistent with the location 10’ from the boundary line.
 
APPLICANT COMENTS
Ellen Arapakos stated the existing wood shed is rotten and has to be replaced. The lot is only .14 acre so the 15’ setback would locate the shed in the house. There is a property marker on the north side and a fence on the west side of the property. The replacement shed will be no closer to the boundary line than the existing shed.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Design Review, Storage Shed, 259 Marsett Road, Arapakos (DR12-10)
MOTION by Anna Rosenblum Palmer, SECOND by Peter Keelan, to grant design review approval to Ellen Arapakos for an 8’x 8’ storage shed at 259 Marsett Road as submitted. VOTING unanimous (5-0); motion carried.
 
SUB11-07: 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.
Dave Marshall and Jim Carroll appeared on behalf of the application.
 
STAFF REPORT
Dean Pierce explained the hearing was not closed at the last meeting and a motion was made directing staff to draft conditions of approval. Because the hearing was not continued to a date certain the town attorney advises that there should be limited discussion on the application and a motion should be made to continue to a date certain. Patrick O’Brien is aware of the situation. Mr. O’Brien drafted conditions of approval for consideration, but the document was not submitted in time to be included in the board meeting packets.
 
APPLICANT COMMENTS
Dave Marshall suggested reviewing the conditions to see if there are any issues and then properly warning a continuance.
 
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 hearing for SUB11-07 (Rice Lumber Co.) until August 21, 2012 at 7 PM. VOTING: unanimous (5-0); motion carried.
 
CU12-10: Conditional Use for an accessory apartment in a single family residence at 36 Crown Road in the Mixed Use and Stormwater Overlay zoning districts by Tom Shampnois for the Estate of Ryszard Kabicki
Tom Shampnois appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/15/12. Dean Pierce explained the request is for retroactive approval for an accessory apartment in a single family house at 36 Crown Road. The owner is deceased. The executor of the estate is the owner’s son. State law requires the owner to live in either the principal dwelling or the accessory apartment. The permit is being sought retroactively for marketing of the property as a single family house with an accessory apartment. Mr. Kabicki did occupy the home when he was living. There are tenants in the apartment now who are not related to the estate.
 
APPLICANT COMMENTS
Tom Shampnois stated Mr. Kabicki’s son lives in Michigan and would like to put the house on the market as a single family home and allow an accessory apartment. The house would not be put on the market as a rental.
 
Laurie Smith suggested once the property is sold the new owner can pursue a permit for an accessory apartment. The DRB concurred.
 
PUBLIC COMMENT
Stuart Bennett, 17 Crown Road, said there are five houses and a sewer plant on the road. The Kabicki property has been a rental property. The owner renovated the garage so he could live in the back corner and rent the main portion of the house to five or six individuals. The neighbors do not want apartments there any more due to the traffic at all hours of the night. Also, there are no background checks on the tenants and in the past there have been child molesters and drug use at the property. The neighbors would prefer a single family residence. As it stands now the house is an apartment.  Tom Shampnois said there are three rentals in the main house. Mr. Bennett countered he has witnessed more people there.
 
DELIBERATION/DECISION
Conditional Use, Accessory Apartment, 36 Crown Road, Shampnois for Estate of Ryszard Kabicki (CU12-10)
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to direct staff to prepare a decision to indicate approval of CU12-10, conditional use application by Tom Shampnois for the Estate of Ryszard Kabicki for an accessory apartment as depicted in the submitted plans, dated July 20, 2012, and with the following conditions:
1. Unless amended by future action of the Development Review Board the use of the structure shall be limited to one single family dwelling and one accessory apartment as defined by the Shelburne zoning bylaw.
2.  The owner of the property shall occupy either the accessory apartment or primary dwelling portion of the structure no later than February 1, 2012.
3. In the event either of the foregoing conditions is not met the approval shall be null and void.
VOTING: 0 ayes, 5 nays (Sammut, Rosenblum Palmer, Smith, Pauza, Keelan); motion did not carry.
 
SUB08-04R2: Sketch Plan relative to amendment of a residential PUD to add five duplexes to two duplexes previously approved at 75 Northside Drive in the Residential, Stormwater Overlay, and Floodplain and Watercourse Overlay zoning district by James Bahrenburg
No one appeared on behalf of the application at this point in time.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to amend the agenda to defer the hearing for SUB08-04R2 (item # 6 on the agenda) until after the hearing for SUB12-04 (item #7 on the agenda). VOTING: unanimous (5-0); motion carried.
 
SUB12-04: Sketch Plan relative to a Mixed Use PUD on 21 acres at 5059 Shelburne Road in the Village Center, Village Core Overlay, Floodplain and Watercourse Overlay, Historic Preservation, and Design Review Overlay zoning districts by Champlain Housing Trust
Michael Wisniewski, Dave Marshall, Kathy Beyer, and Amy Wright appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/15/12. Dean Pierce explained the applicant had to redesign the project due to conditions on the site. The current proposal includes one less unit and redesign of the elderly housing building (“Shelburne House”). Access to the development from Route 7 is unchanged. The revised configuration of the units means there is no request for a density bonus. The proposal will be reviewed by the Shelburne Historic Preservation and Design Review Committee.
 
APPLICANT COMMENTS
Michael Wisniewski reviewed the redesign for 84 units on the site, noting the following:
  • Geo-techniques will address the soil conditions on the site (there is 10’ of sand on top of clay which could allow a building to “slide” if there is a seismic event).
  • The revised design shows parking underground which provides more green space in the development.
  • The potential for future connection to the adjoining property will be maintained.
  • Housing on the main access road (public street) is similar to the previous design (small structures with one larger structure and a center green).
  • View of the larger building is mostly blocked by the smaller duplex buildings.
  • The revised plan shows two 6-plex buildings for rent and two sets of three bedroom duplexes for sale. The designs are the same as previously proposed.
  • Harrington House has been incorporated into the development.
  • Geo-technicians are looking at elevations of the Shelburne House because a portion of the building is on the problem soils identified as the “red zone” on the site plan.
  • As many trees as possible will be saved with the design.
  • There are gardens, green space, and play areas in the development.
  • Shelburne House will be a flat roof building with variation in the façade.
  • The 26-plex building will have a pitched roof with the third story tucked into the dormers. There is a shift in scale (one story, two story with dormer, three story).
  • There are no changes to water and sewer service.
  • There will be less traffic because there is one less unit. The mix of bedrooms is basically the same as the original proposal.
  • There is currently a significant investment in permitting and the applicant would like to move through the process without having to redo the original permitting.
  • The applicant is working on the elevations and would like approval before moving to the engineering.
 
There was discussion of interconnectivity with the Harrington House (there could be connection to the proposed development by eliminating one parking space). Michael Wisniewski stated the Harrington House is for sale. There are two living units and a commercial portion proposed for the building. If the buyer wants to have more rentals then the buyer will have to pursue the permits. If the building is to be used exclusively for commercial purposes then an administrative approval can be granted. The house can be just a single family dwelling as well. Kathy Beyer noted VTrans did not want a connection from the Harrington House because that would provide another access to the development from Route 7 and VTrans will only support one access plus the emergency access.
 
PUBLIC COMMENT
David Webster, Shelburne resident, asked about the massing of the 26-plex building which will be visible from Route 7.  Michael Wisniewski said the building is 180’ long and 60’ wide, slightly longer than the Shelburne House. The height is 18’.
 
Gail Albert, Shelburne Natural Resources Committee, asked about the amount of impervious pavement. Michael Wisniewski said the calculations have not yet been done, but it is anticipated there will be less impervious surface than the previous plan.
 
DELIBERATION/DECISION
Sketch Plan, Mixed Use PUD on 21 Acres, 5059 Shelburne Road, Champlain Housing Trust (SUB12-04)
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to continue the hearing for SUB12-04 for a Mixed Use PUD at 5059 Shelburne Road by Champlain Housing Trust until August 21, 2012. VOTING: unanimous (5-0); motion carried.
 
SUB08-04R2: Sketch Plan relative to amendment of a residential PUD to add five duplexes to two duplexes previously approved at 75 Northside Drive in the Residential, Stormwater Overlay, and Floodplain and Watercourse Overlay 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 8/15/12. Dean Pierce stated the original development by the applicant included a three lot subdivision which was converted to a two lot PUD with duplexes. The current proposal is to extend the PUD to the third lot to create five lots each with a duplex building. The district is residential and the use is allowed. There was mention of the DRB conducting a site visit.
 
APPLICANT COMMENTS
James Bahrenburg explained the plan for a PUD with five duplex buildings on the 6.7 acre site. One duplex will front Northside Drive and by having the lot be a PUD the requirement for a 50’buffer is eliminated.
 
Laurie Smith questioned the application coming before the DRB in pieces. Mr. Bahrenburg said he was not able to sell the first two lots and build his own house on the third lot as planned and once the meat packing plant was approved the likelihood of selling the lots was further impacted so the plan had to be revised. The proposal is now for duplexes as rentals.
 
PUBLIC COMMENT
John Holt representing Farrell Trust (adjoining property owner) noted the plat needs to be updated to show the current plan (presently the plat shows single family houses on lots 1 and 2 versus the PUD). Also, there have been discussions with the applicant regarding clustering the units which is preferred by the Farrells. James Bahrenburg said he likes each house having its own lot and one building facing Northside Drive. Mark Sammut pointed out clustering will decrease needed infrastructure and have less disturbance of the land. Mr. Holt mentioned the “floating easement” for the bike path which may need to be relocated because the 35’ setback area is very steep.
 
Gail Albert, Shelburne Natural Resources Committee, said the committee has not reviewed the plans, but would likely support clustering the houses and prefers locating the development away from the wetland buffer.
 
There were no further comments.
 
DELIBERATION/DECISION
Sketch Plan, PUD, Five Duplexes, 75 Northside Drive, Bahrenburg (SUB08-04R2)
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to schedule a site visit on August 21, 2012 at 6 PM. VOTING: 4 ayes, one nay (Pauza); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Peter Keelan, to continue the hearing for SUB08-04R2 (PUD for five duplex buildings at 75 Northside Drive) by James Bahrenburg until September 19, 2012. VOTING: unanimous (5-0); motion carried.
 
SUB12-03: Preliminary Plan for an eight lot residential subdivision at 1140 Webster Road in the Residential and Stormwater Overlay zoning districts by C.H., LLC
Dave Marshall appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/15/12. Dean Pierce noted the following:
·         Relative to the proposal the regulations allow the DRB to approve a lot without frontage on a public road if there is adequate access.
·         Correspondence from a neighbor (Grasso) was received.
·         The Fire Chief will address the access to lots 4, 5, and 6.
·         Dave Marshall, engineer for the applicant, drafted proposed conditions of approval for consideration.
 
Jerry Ouimette, Shelburne Fire Chief, stated there is a fire hydrant at the south end of the cul-de-sac and a hydrant on Webster Road. The road should be wider than 18’ to accommodate a fire truck when cars are parked on the road.
 
APPLICANT COMMENTS
Dave Marshall reviewed the eight lot subdivision noting the following:
§  Lots 4A and 5A are open space. The homeowners association will control the open space and the primitive path. The path on the Rooney property by Monroe Brook is public.
§  There will be infrastructure for a storm water pond.
§  Effort will be made to retain as much vegetation as possible and there will be additional plantings as suggested.
§  To address privacy issues the landscape plan creates a buffering of the view of the development from Lillywood Lane and Webster Road.
§  The boundary for lots 4 and 5 has been moved to ensure activity does not spill into the corridor for Monroe Brook.
§  The applicant has worked with the Slauterbecks on storm water discharge for the proposed pond and the Slauterbeck’s existing pond.
§  There will be rail fencing on the outside edge of the storm water pond as well as supplemental plantings.
§  The plan includes a 5’ wide pedestrian path that connects to the trail by Monroe Brook.
§  There will be sidewalk on the east side of Lillywood Lane that will connect to the shared use path off the cul-de-sac.
§  The location of Lillywood Lane and having a cul-de-sac is because there will be few traffic movements and there is not good connectivity potential due to Monroe Brook.
§  Access to Lot 5 is off the common road easement.
 
Anna Rosenblum Palmer asked about plantings in the center of the cul-de-sac. Dave Marshall stated both Public Works and the Fire Dept. prefer no plantings for public safety reasons.
 
PUBLIC COMMENT
Domenico Grasso, neighbor, thanked the applicant for the effort with the plan and the tree plantings. Dave Marshall noted the final plat application includes supplemental plantings per Susan Grasso’s suggestions.
 
Jim Slauterbeck, neighbor, also thanked the applicant for the effort and listening to the requests of the neighbors.
 
There were no further comments.
 
DELIBERATION/DECISION
Preliminary Plan, 8-Lot Subdivision, 1140 Webster Road, C.H., LLC (SUB12-03)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to grant Preliminary Plan approval of SUB12-03, application by C.H., LLC for an eight lot residential subdivision at 1140 Webster Road as submitted and with the following conditions:
1.         Final Plat application shall include a prospectus describing the management organization or homeowners association and shall include a disclosure statement which will be given to all prospective purchasers detailing responsibility for services such as maintenance and plowing of roadways within the development.
2.         Final Plat application shall include copies of all proposed Offers of Dedication, deeds, and easements to the Town of Shelburne and a copy of the Certificate of Title showing ownership of all property and easements to be dedicated to the town for Lillywood Lane and associated drainage easements.
3.         Prior to Final Plat approval the name of the proposed street shall be confirmed by the Town of Shelburne E-911 committee.
4.         The landscape plan shall be revised to include supplemental plantings between the Grasso house and lots 7 and 8.
5.         Plans shall be revised to reflect the comments received from the Public Works Department.
6.         Pursuant to the zoning bylaw Section 430.1.D lot frontage is granted for Lot 4 from 100’ to 53.1’ as the lot is located on a cul-de-sac and the front yard setback has been increased.
7.         Pursuant to the zoning bylaw Section 430.1.D lot frontage is granted for Lot 6 from 100’ to 63.65’ as the lot is located on a cul-de-sac and the front yard setback has been increased.
8.         Pursuant to the zoning bylaw Section 430.1.D lot frontage is granted for lot 5 from 100’ to zero feet as the lot is accessed by a 30’ access easement from a public road.
9.         The applicant shall provide suitable space for snow storage at the end of the cul-de-sac.
10.       Prior to the driveway serving lots 4, 5 and 6, the road shall be widened to 20’ in all of the common components.
11.       The applicant shall provide testimony that demonstrates the safety of the final placement of the pedestrian crosswalk on Webster Road.
VOTING: unanimous (5-0); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to close the hearing for SUB12-03, application by C.H., LLC for an eight lot subdivision at 1140 Webster Road. VOTING: unanimous (5-0); motion carried.
 
4.         APPROVAL OF MINUTES
August 1, 2012
MOTION by Anna Rosenblum Palmer, SECOND by Peter Keelan, to approve the 8/1/12 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 Laurie Smith, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 9:25 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
August 21, 2012
 
MEMBERS PRESENT:      Mark Sammut, Victor Castro, Laurie Smith, Anna Rosenblum Palmer, Peter Keelan. (David Conard and Jeff Pauza were absent.).
STAFF PRESENT:              Dean Pierce, Town Planner; Courtney Synoweic, DRB Administrator.
OTHERS PRESENT:          Patrick O’Brien, Carol Casey, Sam Beall, David Webster, Gwen Webster, Joan Lenes, Dorothea Penar, Michael Wisniewski, Amy Demetrowitz, Amy Wright.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Preliminary Plan, Subdivision, 4484, 2055, 4188, and 4190 Shelburne Road, Rice Lumber Co. (SUB11-07)
·         Sketch Plan, PUD, 5059 Shelburne Road, Champlain Housing Trust (SUB12-04)
  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.
 
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.
 
SUB11-07: 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 appeared on behalf of the application.
 
STAFF REPORT
Dean Pierce reviewed at the 8/1/12 hearing a motion was made to direct staff to prepare a written decision, but a motion was not made to continue the hearing to a date certain. At the 8/15/12 meeting a motion to continue the hearing to 8/21/12 was made. The hearing is still open. Draft conditions have been provided to the DRB.
 
APPLICANT COMMENTS
Patrick O’Brien thanked everyone for holding the special meeting. There was discussion of the draft conditions. Anna Rosenblum Palmer suggested tying the conditions to the appropriate findings, especially the finding regarding habitant and 150’ for the building envelope so future boards will have the rationale for the condition.  The DRB made the following edits:
  • Make reference to Findings #59 & #60 in the condition regarding the building envelopes.
  • In #2 the word “striped” relative to the pedestrian walkway was changed to “clearly marked or defined”.
  • In general conclusion #4 the word “may” was changed to “will”.
  • In finding #34 the word “Drive” was added after “IDX” in regard to the vendors using the turnaround at IDX.
  • In #12 the word “constructed” was changed to “issued”.
 
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 direct staff to make the changes to findings, conclusions, and conditions as noted for SUB11-07, application by Rice Lumber Co., and to authorize the acting chairman, Mark Sammut, to signed the document. VOTING: unanimous (5-0); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to close the hearing for SUB11-07, application by Rice Lumber Co.  VOTING: unanimous (5-0); motion carried.
 
SUB12-04: Sketch Plan relative to a Mixed Use PUD on 21 acres at 5059 Shelburne Road in the Village Center, Village Core Overlay, Floodplain and Watercourse Overlay, Historic Preservation, and Design Review Overlay zoning districts by Champlain Housing Trust
Michael Wisniewski, Amy Demetrowitz, and Amy Wright appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 8/21/12.
 
APPLICANT COMMENTS
Michael Wisniewski reviewed elevations for the “Shelburne House” and the 26-plex building noting the following:
  • Shelburne Fire Chief said the garage needs to be tall enough to accommodate a fire truck or there can be a water connection outside the building. A water connection will be done.
  • “Shelburne House” building is smaller than previously proposed per the client’s requirements. There is a wraparound porch, flat roof with projections or notches to break up the scale, and different cornice treatments to highlight the window patterns. There is access in the back of the building. There is a pull up area and covered drop off to the main entry. The interior lounge and common space areas face onto the outdoor green spaces. Different color tones will help break up the scale of the building.
  • The 26-plex building has the same footprint as previously presented. There is a two-story façade with an elevator tower, wraparound porch, entry from the parking ramp going in, and internal lobby and common space. Elevations include two stories with dormer to one story with dormer. The roof is seamless galvanized metal. Solar panels are an add alternative.
  • The refuse dumpster will be inside the parking garage. Each floor will have a trash shoot.
  • The units in the buildings will be rented.
 
PUBLIC COMMENT
Dorothea Penar mentioned review of the application by the design review committee. Mr. Wisniewski said the application should be before the design review committee in September.
 
Gwen Webster expressed concern the mass of the 26-plex building will dwarf the Harrington House. Michael Wisniewski estimated the building length at 175’ with a height of 18’ to the eave plus nine feet. Anna Rosenblum Palmer asked if elevations from Shelburne Road with the Harrington House and the trees have been done.  Mr. Wisniewski said this has not yet been done. The 26-plex building is over 300’ from Route 7.  Dorothea Penar commented the design review committee finds it helpful to have some streetscape drawings to see how the buildings relate to each other and to nearby structures.
 
DELIBERATION/DECISION
Sketch Plan, Mixed Use PUD on 21 Acres, 5059 Shelburne Road, Champlain Housing Trust (SUB12-04)
MOTION by Laurie Smith, SECOND by Victor Castro, to classify SUB12-04, application for a Mixed Use PUD at 5059 Shelburne Road by Champlain Housing Trust, as a major subdivision. VOTING: unanimous (5-0); motion carried.
 
MOTION by Laurie Smith, SECOND by Peter Keelan, that the applicant, Champlain Housing Trust is authorized to prepare a Preliminary Plan application for a Mixed Use PUD at 5059 Shelburne Road (SUB12-04). VOTING: unanimous (5-0); motion carried.
 
4.         APPROVAL OF MINUTES
August 15, 2012
MOTION by Laurie Smith, SECOND by Victor Castro, to defer action on the 8/15/12 minutes until the next meeting. VOTING: unanimous (5-0); motion carried.
 
5.         OTHER BUSINESS/CORRESPONDENCE
None.
 
6.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 8:15 PM.
 
RScty: MERiordan

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5420 Shelburne Road
Shelburne, VT 05482
phone: 802-985-5110
fax: 802-985-9550


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