Planning Commission Minutes

SHELBURNE HISTORIC PRESERVATION
& REVIEW COMMISSION
MINUTES
NOVEMBER 22, 2002


PRESENT: Fritz Horton, Oda Hubbard, Tom Koerner, Dorothea Penar, Warren Sanderson, Bruce Beeken

ALSO PRESENT: Gwen Webster, Nancy Broughton, Dean Pierce (staff),


ACCEPTANCE OF MINUTES:

Mr. Koerner made a motion to accept the minutes of October 31, 2002. The motion was seconded by Ms. Hubbard, and unanimously approved.

GWEN WEBSTER AND ROBERT OWENS, KNITTER'S LAINE, 53 FALLS RD (DR02-27)

Gwen Webster was present to represent this application, which involves the installation of a free standing sign and lights. The sign will be located in a manner consistent with signs on adjacent properties. The exact height is not known, however, owing to differences in grade.

Discussion focused on lighting aspects of the sign, with comments exchanged regarding the possible use of sign-mounted rather than ground- mounted lighting. The applicant indicated that she had had difficulty locating appropriate lights for sign mounting. She also indicated that the location of ground mounted lights might be adjusted to reduce the potential for glare.

On a motion by Bruce Beeken, seconded by Tom Koerner, the proposal was approved, with the recommendation that the applicant act to control glare from the lighting as much as is practical.

AWAKENING CENTER/ROBERT COWLES, 29 HARBOR RD (DR02-28)

Nancy Broughton was present to represent this application, which involves the placement of an “add on” sign to the main sign for businesses at 29 Harbor Road. Ms. Broughton described the proposal and answered questions regarding placement, color scheme, etc.; in response, members of the commission suggested possible variations or alternatives, including incorporating information in the main Awakening Center sign (as opposed to using an add-on sign), modifying the bracket for the add on sign, and changing the design to avoid the need for a bracket (i.e, the add on sign would attach directly to the main post).


Members of the commission suggested that the applicant return at a future date with plans exploring alternatives. The applicant agreed to return on December 5, 2002.

LAKE CHAMPLAIN BIKEWAYS SIGNAGE

Dean Pierce explained that the Lake Champlain Bikeways group would like to post signage in several locations in the Town, including within the Design Review District. However, before receiving grant funds from the state, the group must first show that the community supports the proposal.

After discussing the project, Commission members agreed that a letter of support from the Town should be prepared; however, it should include language indicating that the precise location of signs be developed in cooperation with the Commission which is concerned about the possibility of sign clutter near the intersection of Shelburne Road and Falls Road/Harbor Road.

DISCUSSION OF ENFORCEMENT ISSUES

The Commission members briefly discussed issues related to the enforcement of the Town’s regulations. Dean Pierce described some of the statutory requirements relating to enforcement.

NEXT MEETING

In anticipation of continuing review of the Awakening Center sign proposal, the Commission selected December 5, 2002 as the date for the next meeting.


ADJOURNMENT

There being no further business, the meeting was adjourned.



Respectfully submitted,
Dean Pierce

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TOWN OF SHELBURNE
PLANNING COMMISSION
MINUTES OF MEETING
NOVEMBER 14, 2002

MEMBERS PRESENT: Rick Peterson, Chairman; Reg Gignoux, Hilda White, Kay Kraushaar, Claude LaPierre, Fred Schmidt.

STAFF PRESENT: Dean Pierce, Town Planner.

OTHERS PRESENT: Name Address
Tom Gresham Shelburne News
Mike Burke Colchester
Jean Bean Shelburne
Stephen Kidder Shelburne
Norm & Mary Caswell 111 Cedar Ridge Drive
Chuck Bigalow 77 Cedar Ridge Drive
Bev Jacobson 227 Thompson Road
Ed Koehler Shelburne
Robert Furrer 5760 Shelburne Road
Hope Alswane Shelburne
Robert H. Rushford Burlington
Dan Senecal-Albrecht
Oda Hubbard Shelburne
Matthew Wamsganz Civil Engineering Assoc.
Patrick O’Brien F.P.R.C.
Stuart Bennett Shelburne
Dan Cox Shelburne

AGENDA: 1. Call to Order and Approval of Minutes of October 24, 2002
2. Design Review, Stuart Bennett, 5203 Shelburne Road (DR02-26)
3. Design Review, Shelburne Museum, Inc., 5760 Shelburne Road (DR02-24)
4. Site Plan Review, Shelburne Museum, Inc., 5760 Shelburne Road (SP02-07)
5. Site Plan Review, Edmund Koehler/Steve Kidder, 2785 Shelburne Road (SP02-06)
6. Preliminary Plan Review Continuance, Forest Park Realty, Irish Hill Road and Thompson Road (SUB01-07)
7. Other Business and Correspondence
8. Adjournment

1. CALL TO ORDER and APPROVAL OF MINUTES
Rick Peterson, Chairman, called the meeting to order at 7:30 p.m.

APPROVE MINUTES OF OCTOBER 24, 2002
MOTION by Hilda White, SECOND by Reg Gignoux, to approve the 10/24/02 minutes with the following corrections:
Page 3, 2nd paragraph, 6th sentence – insert “gently sloping” between “on a” and “curve”;
Page 5, 3rd paragraph, 1st sentence – add “along Thompson Road and Irish Hill Road” after “$20,612.50”
VOTING: 4 ayes, 1 abstention (Schmidt); motion carried. [Kay Kraushaar not present for vote.]

2. DESIGN REVIEW, STUART BENNETT, 5203 SHELBURNE ROAD (DR02-26)
Stuart Bennett appeared on behalf of the application.

APPLICANT COMMENTS
Stuart Bennett admitted forgetting to secure design approval prior to doing the roof overhang. The exterior renovations are complete at this time.

STAFF REPORT
The Commission received a written staff report on the application, dated 11/14/02. Dean Pierce noted the Design Review Commission approved the application as presented.

PUBLIC INPUT
There were no comments from the public on the application.

DELIBERATION/DECISION
Design Review, Stuart Bennett, 5203 Shelburne Road (DR02-26)
MOTION by Reg Gignoux, SECOND by Hilda White, to retroactively grant design plan approval to Stuart M. Bennett for construction of a roof overhang over the front door of property at 5203 Shelburne Road as proposed in the submitted plans. VOTING: unanimous (5-0); motion carried. [Kay Kraushaar not present for vote.]

3. DESIGN REVIEW, SHELBURNE MUSEUM, INC., 5760 SHELBURNE ROAD (DR02-24)
Bob Furrer, Shelburne Museum Buildings and Grounds Director, and Hope Alswane, Museum Director, appeared on behalf of the application.

APPLICANT COMMENTS
Mr. Furrer reviewed the changes proposed, including the addition of a back door on the west side of the house, removing the garage doors on the existing garage and replacing those with clapboards and window sash like that on the gable end of the garage, and removing the east side of the driveway. The drive to the west of the house on museum grounds will be used to access the house. The driveway is gravel. The house is being used by interns now, but will become office space used by staff. Access will be through the main gate and parking lot down the service road to the back of the house. The width of the driveway is 15’. Some lawn space and six or seven cedar trees will be removed for the driveway. Parking will be on the west of the house (back of house). There will likely be a maximum of three cars. The house will hide the cars from view. There is a fence along Route 7 and a fence running east-west on the north side of the house. The fence will be similar to the one by the 1950s house.

Reg Gignoux commented the area looks like an island onto itself with the fence. Fred Schmidt asked about long term plans for fencing along Route 7 (potential for opening up a view of the Museum). Hope Alswane stated eventually the Museum would like to have a 5’ picket fence, like a New England village, but this is a financial issue at this point. The existing fence was installed in the 1970s following a robbery at the Museum.

STAFF REPORT
The Commission received a staff report on the application, dated 11/14/02. Dean Pierce mentioned the concern of Betty Marcher (Thomas property) for retention of screening between her house and the driveway. Mr. Furrer stated the visual block runs east-west, and this is not changing. The property will not be any more visible to Ms. Marcher than it is now. Reg Gignoux mentioned having a condition of approval related to vegetation remaining except as minimally necessary for the gravel driveway in order to limit the clearing on the Thomas property (southerly boundary line).

PUBLIC INPUT
There were no comments from the public on the application.

DELIBERATION/DECISION
Design Review, Shelburne Museum, Inc., 5760 Shelburne Road, (DR02-24)
MOTION by Reg Gignoux, SECOND by Fred Schmidt, to grant design plan approval to the Shelburne Museum for modification to property at 5760 Shelburne Road as proposed in the submitted plans. VOTING: unanimous (6-0); motion carried.

4. SITE PLAN REVIEW, SHELBURNE MUSEUM, INC., 5760 SHELBURNE ROAD (SP02-07)
Robert Furrer and Hope Alswane appeared on behalf of the application.

APPLICANT COMMENTS
The applicant previously presented information regarding converting the house space to office space for museum staff use, and associated site modifications (removal of existing driveway, installation of a fence and new access).

STAFF REPORT
The Commission received a written staff report on the application, dated 11/14/02.

PUBLIC INPUT
There were no comments from the public on the application.

DELIBERATION/DECISION
Site Plan Review, Shelburne Museum, Inc., 5760 Shelburne Road (SP02-07)
MOTION by Fred Schmidt, SECOND by Reg Gignoux, to approve the site plan as submitted by the Shelburne Museum with the following condition:
1. existing vegetation on the southerly boundary line of the subject property shall be maintained.
VOTING: unanimous (6-0); motion carried.

5. SITE PLAN REVIEW, EDMUND KOEHLER/STEVE KIDDER, 2785 SHELBURNE ROAD (SP02-06)
Matt Wamsganz, CEA, appeared on behalf of the application. Dean Pierce explained the application is subject to conditional use approval and the parking requirements of the Shelburne zoning regulations. The Zoning Board granted conditional use approval if the Planning Commission finds the parking as presented is reasonable. If not, then the applicant has a site plan showing an increase in parking.

APPLICANT COMMENTS
Matt Wamsganz referred to Section 1670.1 – Off Street Parking, and noted “furniture store” is not listed as a use. The parking requirement based on square footage seems excessive for the use. The ITE parking manual calculation for a furniture store shows eight or nine spaces needed during peak times. For the uses on the site at 2785 Shelburne Road, the furniture store does not have a peak time. Dunkin Donuts has a peak time in the morning. There is no lack of parking during the peak time for either business. Photographs were shown of the lot. The lot is never more than half full, stated Mr. Wamsganz. It can be demonstrated more parking can be provided, but the extra parking seems excessive and would require removal of trees which provide screening.

Steve Kidder, co-owner of the furniture store, explained customer traffic to the store has been tracked since the store opened a year and a half ago. For this store (one of three owned by Mr. Kidder), 278 people have visited over a 31-day period with an average of 10 people per day. Adding 600 square feet of useful display space is not expected to increase foot traffic through the front door. There was discussion of the use of the area on the side of the building for parking.

STAFF REPORT
The Commission received a written staff report on the application dated 11/14/02. Chairman Peterson pointed out the Commission must decide if 35 parking spaces for both uses on the site (furniture store and Dunkin Donuts) are sufficient. Following further discussion of the parking on the site, the Commission felt the additional five spaces shown on the site plan are not necessary. Therefore, the addition of green space at the back of the building is not needed.

PUBLIC INPUT
There were no comments from the public on the application.

DELIBERATION/DECISION
Site Plan Review, Koehler/Kidder, 2785 Shelburne Road (SP02-06)
MOTION by Reg Gignoux, SECOND by Fred Schmidt, to approve the site plan submitted by Steve Kidder for the conversion of 600 s.f. of storage space to retail use at 2785 Shelburne Road as depicted on the plans submitted with the following condition:
1. the existing grass strip and landscaping along the western side of the parcel shall be maintained in good appearance.
VOTING: unanimous (6-0); motion carried.

6. PRELIMINARY PLAN REVIEW CONTINUANCE, FOREST PARK REALTY, IRISH HILL ROAD AND THOMPSON ROAD (SUB01-07)
Patrick O’Brien, Mike Burke, and Robert Rushford appeared on behalf of the application.

APPLICANT COMMENTS
Patrick O’Brien said there are no further comments to the information included in the staff report, but requested the opportunity to address the conditions of approval in the draft motion. Regarding the condition of building the sidewalk sub-base in exchange for a waiver of impact fees, Mr. O’Brien agreed to withdraw his request for a waive, but requested being allowed to build the sub-base prior to the first occupancy permit, rather than the first building permit. Regarding the condition of a left turn lane being built prior to issuance of the 18th building permit, Mr. O’Brien requested the left turn lane be built prior to issuance of the 28th building permit and new traffic counts be taken. The problem is existing now and once the Route 7 reconstruction is complete, traffic might reduce on Irish Hill Road. The right turn lane and reconfiguration of the intersection will be a vast improvement. (The question of who owns the land to make the intersection improvement must be determined. The residents want an improvement/turn lane even without the 300’ tapered approach.) Regarding the condition on road width, a 24’ wide road with two foot exposed shoulders on either side and a one foot vegetated area to the swale is requested. Regarding the condition on the path and sidewalk improvements, it is requested “building permit” be changed to “Certificate of Occupancy” so the unit can be sold once the roads are built. Regarding the condition related to affordable units, it is requested draft language be submitted to the Planning Commission and town attorney rather than the final documents. Clarification is needed on the condition related to the resource management plan as to whether the management plan is on the land owned by the homeowners association and the homeowners or the land to be given to the town (the Planning Commission will clarify this matter and inform Mr. O’Brien). Regarding the woven fence, a picture will be available, but a decision is needed on whether there should be breaks in the run of the fence for aesthetic purposes. Regarding construction of the left turn lane, it is requested the traffic be re-evaluated after the 28th building permit, rather than having the left turn lane built after the 18th building permit is issued. In the condition covering the widening of a section of Thompson Road to 24’ and doing the Irish Hill Road intersection improvement, it is requested “building permit” be changed to “occupancy permit”. Also, clarification that the tree cutting is on Thompson Road should be noted.

STAFF REPORT
The Commission received a staff report dated 11/14/02. Dean Pierce noted the supplement to the staff report, dated 11/12/02, regarding questions on the placement of signs on Irish Hill Road, additional enforcement by the police, feasibility of a left turn lane being paid for by the town, and the left/right turn warrant analysis by Adler. According to the supplemental report, the Police Chief expressed concern about long term impact on resources with added enforcement, and the town has not shared in the cost of improvements due in part or whole to a development. Patrick O’Brien expressed his willingness to install the additional signs as soon as the first building permit is issued. The Planning Commission recognized the issues of speeding and signs on the roadways as community problems. Patrick O’Brien agreed, adding the left/right turn situation exists now, questioning what the town would do to rectify the matter if a development was not proposed.

Hilda White asked about the affordable units. Patrick O’Brien explained conceptually four units will be perpetually affordable. The units will be intermingled with the other condominium units. Having the legal mechanism through a third party (Burlington Community Land Trust or Lake Champlain Housing) is the inclination , but a final decision has not yet been made. The appropriate language regarding the affordable units will be available at final site plan review.

PUBLIC INPUT
Chuck Bigalow, Cedar Ridge, stressed the neighborhood concern for traffic from the development, noting the stretch of highway 30 years ago was a rural town road that has evolved to now be a major commuter route to CVU, Taft Corners in Williston, and to Burlington. A letter was sent to the Planning Commission, dated 11/11/02, containing the results of a neighborhood survey and evidence for installation of a right turn lane at Irish Hill Road/Thompson Road. The survey supports both left and right turn lanes with the right turn lane being the priority. Geometric conditions and restricted sight lines plus other safety related factors (traffic volume and speed) support having both turn lanes. Mr. Bigalow testified cars pass on the right while another car is trying to make a left turn. Mr. Bigalow emphasized the situation on the roads is dangerous now. Patrick O’Brien agreed there is an existing problem. The site plan shows an improvement to the right turn movement and the intersection. Mike Burke explained the proposed improvement to the intersection.

A gentleman in the audience questioned being able to make the turn at 35 mph after the improvements are done, stating cars will likely have to slow way down. Cars are accelerating down the hill, and it is very dangerous. There is always a problem coming down the hill and turning right, especially if there is more traffic coming out of Thompson Road. Patrick O’Brien pointed out there will be striping and signs installed, and hopefully some enforcement by the police. Mike Burke stated the right turn lane will need the addition of an 11’ lane width and some taper distance (about 300’) to handle vehicles moving to make a right turn. The left turn lane only needs to protect for stopped vehicles. Chuck Bigalow stated increasing the turn radius is important, but it does not allow cars to move off the traveled path on Irish Hill road when slowing down to make a right turn.

Rick Peterson recalled the statement from traffic consultant, Roger Dickinson, regarding widening the road could invite faster travel. Chuck Bigalow reiterated unless the town is fenced off from outside access, there is increased traffic volume on the streets. Irish Hill Road is an ultimate commuter route, and there is a serious problem now on the road which the town needs to address. The addition of 68 living units will add to the problem of trying to get onto Irish Hill Road.

Kay Kraushaar asked about trips/day generated by the development. Per the Adler study, there will be 19 trips per hour out of Thompson Road (peak hour). Per the trip generation table, there will be 459 vehicle trip ends per day, 117 trip ends for the two bedroom units. The morning peak will have 50 trip ends and the afternoon peak will have 71 trip ends.

Reg Gignoux asked the neighbors present if the problem exists today regardless of the development proposed. The neighbors confirmed this. Mr. Gignoux felt the problem is one of speeding cars, not a development problem. The neighbors’ concerns should be brought before the Selectboard and police. Enforcement actions are underway (an officer doing enforcement and the police speed cart), but there is a question of available resources. Mr. Gignoux felt it would be a mistake to widen the road because this will increase the speed of cars and change the character of the area. Dan Cox, resident, interjected that Route 7 should not be widened in that case. A gentleman in the audience stated the police are limited in what they can do, and if a cruiser is set up on the road, people will slow down, otherwise drivers speed up.

There was discussion of the speculated time delay for turning with additional traffic. Mr. Bigalow said the neighbors are not willing to sacrifice health and safety to slightly widening the road. The issue is more than just traffic. The intersection is on a hill with a curve with a geometric conditions. Help is needed with getting off of Irish Hill Road. A right turn lane is needed. The left turn lane is warranted per the consulting engineer’s findings.

Jean Bean, resident, testified when the school bus stops, traffic backs up on Irish Hill Road until it is out of sight. The conditions are comparable to Route 7.

Bev Jacobson, resident, mentioned a study of soil quality on Thomas Farm found prime and statewide soils. Ms. Jacobson advised the Planning Commission to determine how much of each type of soil is present. A copy of the study is available upon request. Rick Peterson noted there are soil maps in the Town Plan, and this map was reviewed at sketch plan for prime agricultural soils. Act 250 will cover soils. Dean Pierce added review of the preliminary staff reports on the application showed no mention of prime agricultural soils. The language of the Plan refers to productive agricultural land. The soil map notes prime agricultural soils.

Oda Hubbard positively commented on the amount of time, work, and effort the Planning Commission has expended on the project as well as the serious thinking done on both sides. Patrick O’Brien confirmed it has been a team effort, and there was much input from neighbors.

There was discussion of procedure with the application, recessing or continuing the hearing, deliberating in private or public, and making a decision.

DELIBERATION/DECISION
MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to continue the application until 12/12/02. VOTING: unanimous (6-0); motion carried.

The Commission discussed meeting in deliberative session on 11/21/02 to discuss the application. Fred Schmidt noted two issues to be discussed: constraint on police resources to provide enforcement, and precedence of the town paying for improvements from developments. There was discussion of the reasonableness of having the developer build a turn lane when most of the traffic is going straight and not turning. There was discussion of the existing speeding problem on the roads.

7. OTHER BUSINESS and CORRESPONDENCE
Boulder Hill Act 250 Hearing
Mr. Pierce reported at the Act 250 hearing on the Boulder Hill development, more information was requested regarding obstacles facing the developer in putting lots in places other than the agricultural lands.

Waiver of Impact Fees
Dean Pierce reported the Selectboard discussed waiver of impact fees and may change the ordinance to remove language regarding the exemption. A resolution would have to be adopted by the Selectboard to waive the impact fees for elderly and affordable housing.

Extending Application Deadlines
Information on this matter was given to the Commission.

8. ADJOURNMENT
MOTION by Reg Gignoux, SECOND by Fred Schmidt, to adjourn the meeting. VOTING: unanimous (6-0); motion carried.

The meeting was adjourned at 10:25 p.m.

Minutes respectfully submitted by M. Riordan, Recording Secretary.