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minutes

September 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
September 5, 2012
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Victor Castro, Laurie Smith, Anna Rosenblum Palmer, Jeff Pauza. (Peter Keelan was absent.).
STAFF PRESENT:              Courtney Synowiec, DRB Administrator; Dean Pierce, Town Planner.
OTHERS PRESENT:          Valerie Maniscalco, Karl Marchessault, Michael Roberts, Lynn Roberts, Joe Roberts, Eric Morris, Dave Marshall.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Design Review, Free Standing Sign, 5997 Shelburne Road, William Alexander (DR12-11)
·         Design Review, Revised Signage, Bakery/Café, 5247 Shelburne Road, Vergennes Restaurant Group, LLC (DR12-05R1)
·         Sketch Plan, Commercial PUD, Additional Storage Units, 3933 Shelburne Road, Roberts (SUB12-05)
·         Sketch Plan, Re-subdivision, Two Lots, 5800 Spear Street, ABC/MRC, Inc./Posey (SUB00-3R1)
·         Sketch Plan, Subdivision/Lot Merger, 211 Ordway Shore Road, 12 Silver Fox Cove and 22 Silver Fox Cove, L. Van Wagenen Family Trust/Maniscalco (SUB12-06)
·         Final Plan Amendment, Modify Building Envelope & Boundary Line Adjustment, 139 & 369 Monarch Road, Rittenberg (SUB03-04R6)
  1. Consider Draft Decisions: SUB12-03 (CH, LLC); CU12-10 (Kabicki)
  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 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.
 
DR12-11: Design Review for a free standing sign for a home occupation at 5997 Shelburne Road by William Alexander
No one appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/5/12. Courtney Synowiec stated the applicant is proposing a 2’x 2’ sign with red background and white lettering set on a white post in the ground. The sign will not be illuminated. Shelburne Historic Preservation and Design Review Committee (SHP&DRC) approved the sign without conditions.
 
APPLICANT COMMENTS
None.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Design Review, Free Standing Sign, 5997 Shelburne Road, Alexander (DR12-11)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to grant design review approval to William and Nitchamon Alexander for a free standing sign at 5997 Shelburne Road as submitted. VOTING: unanimous (5-0)[Victor Castro not present for vote]; motion carried.
 
DR12-05R1: Design Review for revised signage design for a new bakery/café at 5247 Shelburne Road by Vergennes Restaurant Group, LLC
No one appeared on behalf of the application. David Conard recused himself and Mark Sammut assumed the duties of chairman.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 9/5/12. Courtney Synowiec stated the name of the restaurant changed and the applicant is requesting a revised sign advertising breakfast and lunch served from 7 AM to 2 PM. SHP&DRC approved the sign without conditions. Anna Rosenblum Palmer suggested allowing a change in the hours noted on the sign without requiring further review by the DRB. Dean Pierce explained notice requirements are different for administrative approval versus DRB approval. Administrative approval does not require DRB review. Also, the applicant is not requesting permission to change the hours on the sign without review and it is not under the DRB’s authority to grant permission for something that is not requested. The public has the right to be informed.
 
APPLICANT COMMENTS
None.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Design Review, Revised Signage, 5247 Shelburne Road, Vergennes Restaurant Group, LLC (DR12-05R1)
MOTION by Laurie Smith, SECOND by Anna Rosenblum Palmer, to grant design review approval of DR12-05R1, application by Catamount/HSI/Shelburne, LLC and Vergennes Restaurant Group for a projecting sign for “Next Door” at 5247 Shelburne Road as submitted. VOTING: unanimous (5-0); motion carried.
 
David Conard returned to the DRB and resumed the duties of chairman.
 
SUB12-05: Sketch Plan for a Commercial PUD to add four storage buildings and a maintenance storage shed to an existing self-storage facility at 3933 Shelburne Road in the Mixed Use Zoning District by Mike and Lynn Roberts
Karl Marchessault with O’Leary Burke appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/5/12. Courtney Synowiec explained the proposal to add four additional storage units (30’x 140’; 6,800 s.f. of storage) plus a 30’x 36’ maintenance shed. Two storage units will be parallel to the northern property line and two units will be parallel to the eastern property line. The maintenance shed will be on the west side of the site.  Anna Rosenblum Palmer noted the maintenance shed should be shown on the site plan.
 
APPLICANT COMMENTS
Karl Marchessault stated the building design and color scheme will match the existing storage units. Landscaping includes adding 16 trees to the existing screening. There is a tremendous amount of existing screening on the site. The existing storm water permit that was issued will be amended to accommodate the additional units.
 
Mark Sammut testified as a neighbor to the property the screening is very sufficient. Lighting is on the north side of the building and is subtle, down shielded, and not visible much past the buildings.
 
Anna Rosenblum Palmer mentioned planned design changes for the Route 7 corridor and asked the applicant to consider designing the storage shed to meet the planned character of the area. The applicant indicated the storage shed will match the existing units and most likely will not be visible due to the location and the screening.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Sketch Plan, Commercial PUD, Additional Storage Units, 3933 Shelburne Road, Roberts (SUB12-05)
MOTION by Laurie Smith, SECOND by Mark Sammut, to classify the Sketch Plan application for a Commercial PUD for additional storage units at 3933 Shelburne Road (SUB12-05) by Mike and Lynn Roberts as a major subdivision. VOTING: unanimous (6-0); motion carried.
 
MOTION by Mark Sammut, SECOND by Anna Rosenblum Palmer, to grant Sketch Plan approval of SUB12-05, application by Mike and Lynn Roberts to construct four additional storage buildings and a maintenance shed as drawn by O’Leary Burke Civil Associates, date stamped July 26, 2012, with the following recommendation(s):
1.         Preliminary Plan application indicating all setback dimensions, landscaping and illumination details shall be submitted to the Development Review Board.
VOTING: unanimous (6-0); motion carried.
 
SUB00-3R1: Sketch Plan to re-subdivide Lot #1 of a previously approved two lot subdivision creating one additional lot at 5800 Spear Street in the Residential Zoning District by ABC/MRC, Inc./William Posey
Dave Marshall with Civil Engineering Associates appeared on behalf of the application. David Conard recused himself and Mark Sammut assumed the duties of chairman.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/5/12. Courtney Synowiec explained the proposal to re-subdivide a 6.9 acre lot at 5800 Spear Street to create a 3.8 acre lot (Lot 1) and a 3.14 acre lot (Lot 3).
 
APPLICANT COMMENTS
Dave Marshall reviewed the site plan showing the proposed single family lot (newly created Lot 3). The maintenance and administration building for Kwiniaska Golf Course is on Lot 1. A gravity sewer line and municipal water line serve the lot. The new single family lot will be have the same water and sewer service. Fair Point Communications has an access drive that is not on the easement. The proposal makes the access drive a component of the driveway for the single family lot.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Sketch Plan, Re-Subdivision, Two Lots, 5800 Spear Street, ABC/MRC, Inc./Posey (SUB00-3R1)
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to classify the Sketch Plan application for re-subdivision to create two lots at 5800 Spear Street (SUB00-3R1) by ABC/MRC, Inc./William Posey as a minor subdivision. VOTING: unanimous (5-0); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Laurie Smith, to grant Sketch Plan approval of SUB00-3R1, application by ABC/MRC, Inc./William Posey to re-subdivide Lot 1 at 5800 Spear Street into Lots 1 & 3 per the plans by Civil Engineering Associates, dated 8/12, subject to the following recommendation(s):
1.         Final Plat shall be recorded in the Shelburne Land Records within 180 days of the approval of the Final subdivision plan.
VOTING: unanimous (5-0); motion carried.
 
David Conard returned to the DRB and resumed the duties of chairman. Laurie Smith left the meeting.
 
SUB12-06: Sketch Plan to subdivide a commonly owned lot and merge resulting parcels with lots individually owned by each party at 211 Ordway Shore Road, 12 Silver Fox Cove, and 22 Silver Fox Cove in the Rural Zoning District and the Lakeshore Overlay District by L. Van Wagenen Family Trust and Charles & Valerie Maniscalco
Dave Marshall with Civil Engineering Associates and Valerie Maniscalco appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/5/12. Courtney Synowiec explained the proposal to subdivide an existing lot into two parcels. Lot 8 is 1.15 acres to be changed to 1.63 acres. Lot 9 is .95 acre to be dissolved. Lot 10 is 2.27 acres to be changed to 2.74 acres.  Lot 5 is across the street from the other parcels and is jointly owned. The existing structure on Lot 9 has been demolished.
 
APPLICANT COMMENTS
Dave Marshall stated documentation will be provided on the status of Lot 5 relative to Lot 8. The building on Lot 9 has been removed.
 
Valerie Maniscalco stated Lot 5 is undevelopable (does not perk and has wetlands that have been identified by the state). Lots 9 and 5 were purchased as a package, but have separate deeds. Extra money was paid to own Lot 5 and to be able to subdivide Lot 9.  Civil Engineering Associates is working to determine whether the road (Silver Fox Cove) can be moved farther onto Lot 5 in order to provide more space and privacy on Lot 8.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Sketch Plan, Subdivision/Lot Merger, 211 Ordway Shore Road, 12 Silver Fox Cove and 22 Silver Fox Cove, L. Van Wagenen Family Trust/Charles & Valerie Maniscalco (SUB12-06)
MOTION by Mark Sammut, SECOND by Anna Rosenblum Palmer, to classify the Sketch Plan application for a subdivision/lot merger at 211 Ordway Shore Road, 12 Silver Fox Cove and 22 Silver Fox Cove (SUB12-06) by L. Van Wagenen Family Trust/Charles & Valerie Maniscalco as a minor subdivision. VOTING: unanimous (5-0); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Jeff Pauza, to grant Sketch Plan approval of SUB12-06, application by L. Van Wagenen Family Trust/Charles & Valerie Maniscalco to subdivide jointly owned Lot 9 and combine with the adjacent Lot 8 and Lot 10 on Silver Fox Cove and Ordway Shore Road subject to the following recommendation(s):
1.         Final Plan application shall be co-signed or by some other means authorized by the Ordway Shore Road Association (if required by the homeowner association bylaws or covenants), property owners, Charles and Valerie Maniscalco, as well as a representative of the Van Wagenen Family Trust.
2.         Final Plan application shall contain a legal analysis regarding the question of merger between Lot 5 and Lot 8 or acceptance of lots 5 & 8 merging.
VOTING: unanimous (5-0); motion carried.
 
SUB03-04R6: Final Plan Amendment to PUD to modify a building envelope and complete a boundary line adjustment involving .38 acres at 138 & 369 Monarch Road in the Rural Zoning District by Craig Rittenberg
Eric Morris appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/5/12. Courtney Synowiec explained the proposal to shift .38 acres from Lot 4 to Lot 2 to adjust the building envelope and allow space for an accessory structure (barn) toward the rear of the house and to meet the required setbacks.
 
APPLICANT COMMENTS
Eric Morris stated the barn is proposed behind the house and will be shielded from view at every angle. The barn will conform to the structures in the area. Craig Rittenberg will own the lot. The boundary line adjustment is needed in order to meet the setbacks. Paul and Paula Costello consent to the boundary line adjustment.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Final Plan Amendment, Modify Building Envelope & Boundary Line Adjustment, 139 & 369 Monarch Road, Rittenberg (SUB03-04R6)
MOTION by Anna Rosenblum Palmer, SECOND by Mark Sammut, to direct staff to prepare a decision to indicate approval of the amendment to the Final Plan for SUB03-04R6 to allow a boundary line adjustment between Lot 2 and Lot 4 and a building envelope modification for Lot 4 at 139 and 369 Monarch Road subject to all applicable previously established conditions. VOTING: unanimous (5-0); motion carried.
 
4.         CONSIDER DRAFT DECISIONS: SUB12-03 (CH, LLC); CU12-10 (Kabicki)
The DRB reviewed the decisions and made minor edits prior to signing the documents relative to SUB12-03 (CH, LLC) and CU12-10 (Kabicki).
 
5.         APPROVAL OF MINUTES
August 15, 2012& August 21, 2012
MOTION by Anna Rosenblum Palmer, SECOND by Mark Sammut, to approve the 8/15/12 & 8/21/12 minutes as written. VOTING: unanimous (5-0); motion carried.
 
6.         OTHER BUSINESS/CORRESPONDENCE
None.
 
7.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Mark Sammut, SECOND by Jeff Pauza, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 7:53 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
September 19, 2012
 
MEMBERS PRESENT:      David Conard (Chairman); Mark Sammut, Peter Keelan, Anna Rosenblum Palmer, Jeff Pauza. (Victor Castro and Laurie Smith were absent.).
STAFF PRESENT:              Courtney Synowiec, DRB Administrator.
OTHERS PRESENT:          Trishia Thompson, Colm Thompson, Lisetta Wiese-Hansen, Dave Potter, Jeff Jackson, Paul Mayer, Betty Mayer, Dave Marshall, Greg Shover, Erich Finley, Chris Galipeau, James Bahrenburg.
AGENDA:
  1. Call to Order and Announcements
  2. Public Comment
  3. Applications
·         Design Review, Exterior Repairs & Sign, 245 Marsett Road, Trishia & Colm Thompson (DR12-12)
·         Final Plan, 8-Lot Subdivision, 1140 Webster Road, CH, LLC (SUB12-03)
·         Conditional Use, Seawall, 340 Clearwater Drive, Elizabeth Mayer Trust (CU12-11)
·         Conditional Use, Seawall, 380 Lands End Lane, Wiese-Hansen/Potter (CU12-12)
·         Conditional Use, Seawall, 395 Ordway Shore Road, Janson (CU12-13)
·         Sketch Plan, Amend PUD, Add Five Duplexes, 75 Northside Drive, Bahrenburg (SUB08-04R2)
  1. Consider Draft Decisions: SUB03-04R6 (Rittenberg & Taheri)
  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 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.
 
DR12-12: Design Review for roof repairs including new shingles and replacement gutters, new fencing, and a home occupation sign at 245 Marsett Road by Trishia and Colm Thompson
Trishia and Colm Thompson appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/19/12. Courtney Synowiec explained the exterior repairs and alterations, new fencing and a sign proposed by the applicant. Shelburne Historic Preservation and Design Review Committee (SHP&DRC) approved the application with conditions.
 
APPLICANT COMMENTS
The applicant discussed being able to move the sign closer to the road. The sign will be 20’ from the front of the house to the post. David Conard explained a variance is needed if the sign infringes on the setback.
 
PUBLIC COMMENT
There were no comments from the public on the application. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Design Review, Exterior Repairs & Sign, 245 Marsett Road, Thompson (DR12-12)
MOTION by Mark Sammut, SECOND by Peter Keelan, to grant design review approval to Trishia and Colm Thompson for exterior repairs and a sign as submitted and signage lighting as presented to the Development Review Board at the meeting on 9/19/12 and depicted on the sheet identified in the application, and further, any written decision regarding the approval shall indicate that the front gable and garage gable may be extended up to six feet and that a ridge vent may be installed and the gable vents may be removed at the applicant’s discretion, and the following condition on the application shall apply:
1.         Any improvements or installments on the property (i.e. sign) shall be located in conformance with the ordinances of the Town of Shelburne.
VOTING: unanimous (5-0); motion carried.
 
SUB 12-03: Final Plan to create an 8-lot residential subdivision at 1140 Webster Road in the Residential Zoning District and the Floodplain & Watercourse and Stormwater Overlay Districts by CH, LLC
Dave Marshall with Civil Engineering Associates appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application, dated 9/19/12. Courtney Synowiec stated extension of the water line to the Grasso property is shown on the final plan and a condition should be added to the approval to indicate this.
 
APPLICANT COMMENTS
Dave Marshall noted the following:
  • Modifications to the plan by the Sewer Dept. have been done.
  • The storm drain line has been extended farther westerly.
  • The storm water analysis showed the pond does not need to be so large which will allow additional vegetation to be retained.
  • There are two open space lots, one for storm water and one for the riparian corridor.
  • The Paths Committee wanted the crosswalk on Webster Road to tie into the shared use path. Lamoureaux & Dickinson, traffic engineers, felt the crosswalk is safer in the proposed location.
  • The name of the road in the development is “Lilly Creek Road” rather than ‘Lane’ to minimize conflict with similarly named roads/lanes.
  • The access has been widened to 20’ to accommodate a fire truck.
 
David Conard asked about the frontage on the lots in the development. Dave Marshall suggested a finding stating frontage less than 100’ is a prudent way to layout the lots. Mr. Conard asked if a Certificate of Occupancy is needed for the development. Courtney Synowiec stated the houses need Certificates of Occupancy.
 
PUBLIC COMMENT
There were no comments from the public on the application.
 
DELIBERATION/DECISION
Final Plan, 8-Lot Subdivision, 1140 Webster Road, CH, LLC (SUB12-03)
MOTION by Anna Rosenblum Palmer, SECOND by Mark Sammut, to close the hearing on SUB12-03 submitted by CH, LLC. VOTING: unanimous (5-0); motion carried.
 
MOTION by Anna Rosenblum Palmer, SECOND by Jeff Pauza, to direct staff to prepare a written decision approve the subdivision Final Plan (SUB12-03) submitted by CH, LLC for 1140 Webster Road as depicted in the plat by Civil Engineering Associates, last dated September 14, 2012, and titled “Subdivision Plat 1140 Webster Road Subdivision for CH, LLC” with the following conditions:
1.         The mylar shall be recorded in the Shelburne Land Records within 180 days of the signed approval of the application.
2.         Prior to the filing of the mylar or the issuance of any zoning permits for the subdivision the applicant shall submit revised plans indicating the proposed residential water service extension from the applicant’s property to the Grasso property, and the applicant shall provide one full size and three 11” x 17” copies of the plans to the Zoning Administrator.
3.         Prior to the issuance of any Certificate of Occupancy for any houses in the approved development the developer shall file as-built plans showing the development infrastructure including water, waste water, storm water, and roads as actually constructed, and the as-built plans shall include all revisions, adjustments, modifications, and amendments to the originally approved site plan.
VOTING: unanimous (5-0); motion carried.
 
CU12-11: Conditional Use for a shoreline stabilization project to install a seawall at 340 Clearwater Drive in the Residential Zoning District and the Lakeshore and Floodplain & Watercourse Overlay Districts by Elizabeth F. Mayer Trust
Chris Galipeau with Civil Engineering Associates appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/19/12. Courtney Synowiec reviewed the plan for a new seawall with access stairs. Whitcomb quarry stone will be used for the project.
 
APPLICANT COMMENTS
Chris Galipeau explained the Mayer parcel has an existing wall with concrete blocks of similar color scheme to the Whitcomb stone and limestone. Essentially the existing wall is being reconstructed and extended down the south property line to connect to the seawall on the adjacent property. Both seawalls are similar looking. The concrete blocks from the existing seawall will be removed. The ANR review sheet will be submitted and the project will begin once all the permits are secured.
 
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, 340 Clearwater Drive, Elizabeth F. Mayer Trust (CU12-11)
MOTION by Anna Rosenblum Palmer, SECOND by Jeff Pauza, to direct staff to prepare a decision to indicate Conditional Use approval of CU12-11, application by Elizabeth F. Mayer Trust to construct a seawall along the shoreline at 340 Clearwater Drive in the Lakeshore Overlay as depicted on the site plan prepared by Civil Engineering Associates, date stamped August 29, 2012, with the following conditions:
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.
2.         Vermont Agency of Natural Resources Project Review Sheet shall be submitted to the Shelburne Planning & Zoning Office prior to obtaining a zoning permit.
3.         No concrete blocks shall be left visible from the lake.
VOTING: unanimous (5-0); motion carried.
 
CU12-12: Conditional Use for a shoreline stabilization project to install a seawall at 380 Lands End Lane in the Rural Zoning District and the Lakeshore and Floodplain & Watercourse Overlay Districts by Lisetta Wiese-Hansen & David Potter
Chris Galipeau with Civil Engineering Associates appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/19/12. Courtney Synowiec explained the proposal to construct a seawall that will cover a portion of the shoreline at 380 Lands End Lane. There will be three walls with an access stair in the first two walls and the third wall above the other two walls. Hand cut Panton stone will be used for the walls.
 
APPLICANT COMMENTS
Chris Galipeau explained the seawall is between two ledge/shale outcroppings and will address erosion by the cove. The stone to be used is darker in color which matches the existing material well. The stone steps will use the same type of stone.
 
PUBLIC COMMENT
Jeff Jackson noted the correct name of the road is “Lands End Lane”. There were no further comments. The evidentiary portion of the hearing was closed.
 
DELIBERATION/DECISION
Conditional Use, Seawall, 380 Lands End Lane, Wiese-Hansen/Potter (CU12-12)
MOTION by Anna Rosenblum Palmer, SECOND by Jeff Pauza, to direct staff to prepare a decision to indicate Conditional Use approval of CU12-12, application by Lisetta Wiese-Hansen and David Potter to construct a seawall along the shoreline at 380 Lands End Lane in the Lakeshore Overlay as depicted on the site plan prepared by Civil Engineering Associates, date stamped August 29, 2012, with the following conditions:
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.
2.         Vermont Agency of Natural Resources Project Review Sheet shall be submitted to the Shelburne Planning & Zoning Office prior to obtaining a zoning permit.
VOTING: unanimous (5-0); motion carried.
 
CU12-13: Conditional Use for a shoreline stabilization project to install a seawall at 395 Ordway Shore Road in the Rural Zoning District and the Lakeshore and Floodplain & Watercourse Overlay Districts by Ellen Janson
Chris Galipeau with Civil Engineering Associates appeared on behalf of the application.
 
STAFF REPORT
The DRB received a written staff report on the application dated 9/19/12. Courtney Synowiec explained the proposal to construct a seawall along the length of the entire property at 395 Ordway Shore Road. The wall will be 150’ long and seven feet high. New Haven stone will be used.
 
APPLICANT COMMENTS
Chris Galipeau explained New Haven stone will blend better than Whitcomb stone. The existing wooden stairway has been displaced and the property owner would like stone steps to replace the wooden steps if that is possible. The width of the stairs will not be changed and the stairs will not protrude past the face of the wall.
 
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, 395 Ordway Shore Road, Janson, (CU12-13)
MOTION by Jeff Pauza, SECOND by Peter Keelan, to direct staff to prepare a decision to indicate Conditional Use approval of CU12-13, application by Ellen Janson to construct a seawall along the shoreline at 395 Ordway Shore Road in the Lakeshore Overlay as depicted on the site plan prepared by Civil Engineering Associates, date stamped August 30, 2012, with the following conditions:
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.
2.         Vermont Agency of Natural Resources Project Review Sheet shall be submitted to the Shelburne Planning & Zoning Office prior to obtaining a zoning permit.
3.         At the discretion of the applicant the existing wooden stairs can be reset or stone steps four feet or less can be added without protruding past the face of the wall.
VOTING: unanimous (5-0); motion carried.
 
SUB08-04R2: Sketch Plan to amend a residential PUD to add five duplexes to two duplexes previously approved at 75 Northside Drive in the Residential District and Stormwater and Floodplain and Watercourse Overlay Districts by James Bahrenburg
James Bahrenburg appeared on behalf of the application. David Conard explained any material change to an application must be on file a week prior to the hearing. Mr. Bahrenburg mentioned fewer total units are proposed, but the configuration of the buildings is different.
 
MOTION by Jeff Pauza, SECOND by Peter Keelan, to continue SUB08-04R2, application for two duplexes and five single family houses at 75 Northside Drive by James Bahrenburg until October 17, 2012. VOTING: unanimous (5-0); motion carried.
 
4.         CONSIDER DRAFT DECISIONS: SUB03-04R6 (Rittenberg & Taheri)
David Conard advised before the decision can be signed the document should identify the Costellos as co-applicants/co-permittees.
 
5.         APPROVAL OF MINUTES
September 5, 2012
MOTION by Mark Sammut, SECOND by Peter Keelan, to approve the 9/5/12 minutes as written. VOTING: unanimous (5-0); motion carried.
 
6.         OTHER BUSINESS/CORRESPONDENCE
None.
 
7.         ADJOURNMENT and/or DELIBERATIVE SESSION
MOTION by Mark Sammut, SECOND by Anna Rosenblum Palmer, to adjourn the meeting. VOTING: unanimous (5-0); motion carried.
 
The meeting was adjourned at 8 PM.
 
RScty: MERiordan

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


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