Planning Commission Minutes

TOWN OF SHELBURNE PLANNING COMMISSION
MINUTES OF MEETING
DECEMBER 12, 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 Patrick O’Brien Shelburne Bev Jacobson 227 Thompson Road Nancy Broughton Shelburne Robert H. Rushford Burlington Brian Precourt Shelburne Martin Courcelle Champlain Consulting Bill Rockford Shelburne

AGENDA: 1. Call to Order and Approval of Minutes of November 14, 2002 2. Design Review, Gwen Webster and Robert Owens, 53 Falls Road (DR02-27) 3. Design Review, Awakening Center/Robert Cowles, 29 Harbor Road (DR02-28) 4. Preliminary Plan Review Continuance, Forest Park Realty, Irish Hill Road and Thompson Road (SUB01-07) 5. Preliminary Plan Review and Boundary Line Adjustment, Bays End LLC and Rinald & Beatrice Precourt, 555 Bay Road and 215 Maple Leaf Lane (SUB02-02 & BLA02-03) 6. Site Plan Review Continuance, Town of Shelburne/Vermont Dept. of Fish & Wildlife, Public Access Area, 1136 Bay Road (SP02-05) 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., and recognized several boy scouts in attendance working toward their Communications Merit Badge.

APPROVE MINUTES OF NOVEMBER 14, 2002
MOTION by Fred Schmidt, SECOND by Reg Gignoux, to approve the 11/14/02 minutes with the following corrections: Globally correct the spelling of “Hope Alswang”; Page 2, Bennett Design Review, Staff Report, statement related to the Design Review Committee – change “approved” to “recommended”; Page 5, Forest Park Realty, Applicant Comments, 4th line – correct the spelling of “waiver”; last sentence on page – clarify to say “tree cutting on Thompson Road”; Page 6, Public Input, 5th sentence – strike “and evidence”; Page 7, 1st paragraph, 4th line – change “ultimate commuter route” to “recognized commuter route”. VOTING: unanimous (6-0); motion carried.

2. DESIGN REVIEW, GWEN WEBSTER AND ROBERT OWENS, 53 FALLS ROAD
(R02-27) No one appeared on behalf of the application. The Planning Commission wanted information on illuminating the sign with lights attached to the top of the sign. Dean Pierce will reschedule the hearing.

3. DESIGN REVIEW, AWAKENING CENTER/ROBERT COWLES, 29 HARBOR ROAD (DR02-28)
Nancy Broughton appeared on behalf of the application. APPLICANT COMMENTS Photographs of the sign were shown. The sign will be illuminated by lights above and on the sides of the sign. The suggestions made by the Design Review Committee were followed. Colors will match the existing sign, stated Ms. Broughton.

STAFF REPORT The Commission received a staff report on the application, dated 12/12/02. Dean Pierce noted the regulations allow add-ons as a percentage of the main sign, and the proposal meets the regulations.

PUBLIC INPUT There were no comments from the public on the application. DELIBERATION/DECISION Design Review, Awakening Center/Robert Cowles, 29 Harbor Road (DR02-28) MOTION by Hilda White, SECOND by Fred Schmidt, to grant design plan approval to Awakening Center/Robert Cowles for a sign to be located on property at 29 Harbor Road as proposed in the submitted plans. VOTING: unanimous (6-0); motion carried.

4. PRELIMINARY PLAN REVIEW CONTINUANCE, FOREST PARK REALTY, IRISH HILL ROAD AND THOMPSON ROAD (SUB01-07) Patrick O’Brien appeared on behalf of the application. Chairman Peterson noted the hearing is a continuance and there is a draft motion that was crafted following a deliberative session held by the Planning Commission. The applicant was given the opportunity to comment on the draft motion. Patrick O’Brien referred to condition #12, and asked if a timeframe could be added regarding a response from the Planning Commission on the items received from the applicant (i.e. confirmation from the Planning Commission that the traffic study is acceptable). The Commission felt in good faith and fair dealing, the applicant will receive an expedient response to matters and a stated date certain response is not necessary.

STAFF REPORT The Commission received a draft motion on the application, dated 12/12/02.

PUBLIC INPUT Bev Jacobson announced the Friends of Thomas Farm made up of 16 families is greatly disappointed that the Commission is not requiring turning lanes to be constructed now. The Friends feel there is great danger on the road without the turn lanes.

DELIBERATION/DECISION Preliminary Plan Review Continuance, Forest Park Realty, Irish Hill/Thompson Rd. (SUB01-07) MOTION by Fred Schmidt, SECOND by Kay Kraushaar, to approve the motion for preliminary plan approval as drafted in the staff report, dated 12/12/02, with the insertion of “or other road improvements” between the words “lanes” and “at” in item #12. VOTING: unanimous (6-0); motion carried.

5. PRELIMINARY PLAN REVIEW AND BOUNDARY LINE ADJUSTMENT, BAYS END LLC AND RINALD & BEATRICE PRECOURT, 555 BAY ROAD & 215 MAPLE LEAF LANE (SUB02-02 & BLA02-03) Brian Precourt and Martin Courcelle appeared on behalf of the application.

APPLICANT COMMENTS The applicant reviewed the acreage, existing dwelling, and access with cul-de-sac on the site. The lots and building envelopes were determined by the topography. Sight distances are adequate for cars traveling on Bay Road. The sight distance is slightly less looking to the left of the access, but cars are also moving at a slower speed due to the overpass. Moving the access road to the east will eliminate a view of traffic through the tunnel. Mr. Precourt mentioned the plans by the State to straighten the road and construct two 11’ wide lanes and 4’shoulders on each side. Drainage and grading plans were discussed. The 20’ wide access road will have ditches draining to an existing culvert under the road. There is a drainage swale across the property that presently discharges onto the Jordan and Mitchell properties. A 3’ deep storm water detention pond located in the northeast corner of the lot will hold run off which will eventually drain to a box culvert under the railroad tracks. Run off will be less than existing conditions, and the drainage onto adjacent properties will be eliminated. The swales will be grassed and “mowable”. Discharges will be cleaned on a regular basis. The homeowners association will mow the swale and maintain the system. Language can be included in the deed to ensure proper maintenance of the system, agreed Mr. Precourt. Rick Peterson expressed concern about the town storm water system having limited capacity presently, and being overburdened with the proposed development. The applicant pointed out the Town Engineer approved the storm water system for the development. Mr. Precourt stated a ditch must be created on the Mitchell property to address the Town Engineer’s concern about drainage. Mr. Precourt will pursue this matter with the Mitchells. Arrangements will also be made to ensure the storm water system is maintained and to allow town access to do maintenance (at the homeowners association expense) if necessary. Dean Pierce will clarify the Town Engineer’s comments regarding the municipal storm system. There was discussion of a fair share payment for the pump station that is already deficient in emergency storage capacity. The Planning Commission felt the proposed development will add to the deficiency, but the developer should not be held to replacing the pump station and correcting the entire deficiency. There was discussion of the cul-de-sac and the private access road. Mr. Precourt will confirm with the Fire Chief the turning radius of the largest fire truck in town. The Planning Commission suggested eliminating the cul-de-sac and installing a sub-base to accommodate large vehicles for turnaround. The applicant will explore having a smaller cul-de-sac with sub-base or a hammerhead turnaround at the end of the access road. The Planning Commission prefers a 20’ wide road with 2’ shoulders on each side. Mr. Precourt reviewed the no cut zone which follows the topography and landmarks on the property, and forbids cutting live trees less than 2” caliber. The no cut zone was expanded to align with the building envelopes. The applicant reviewed the building envelopes shown on the site plan. Blasting will be required in the front of the homes, but the trees will be maintained on the sides and back. Most of the blasted rock will be hauled off site, but some may be used on-site. The building envelopes on lot 2 and lot 3 will be moved closer to the ridgeline. There was discussion of a 4’ wide paved pedestrian/bike path with rock shoulders to connect to Bayfield then Maple Leaf Lane and Route 7. Dean Pierce will get feedback from the Paths Committee on this matter. The proposal by the MPO to do a trail along the railroad tracks from Charlotte to Burlington was mentioned.

STAFF REPORT The Commission received a written staff report on the application, dated 12/12/02. PUBLIC INPUT Bill Rockford, resident, asked for clarification of the location of the path (will be on the northern side of the pump station). Mr. Rockford also asked about removal of the mature trees on the eastern edge of the existing road into the site. Mr. Precourt assured the trees will remain. Mr. Rockford asked about the degree of blasting. Mr. Precourt stated the development has a three-year build out with the bulk of the blasting being done in the first year. The utilities will be blasted (trenched) in and the houses worked into the grade of the land. There were no further comments.

DELIBERATION/DECISION Preliminary Plan Review & Boundary Line Adjustment, Precourt, 555 Bay Road and 215 Maple Leaf Lane (SUB02-02 & BLA02-03)

MOTION by Reg Gignoux, SECOND by Hilda White, to continue the preliminary plan review of the Bays End LLC and Rinald & Beatrice Precourt project for the subdivision of a 10.96 acre parcel with an existing single family house into five residential lots, and the execution of a .69 acre boundary line adjustment to January 23, 2003, pending further information.

VOTING: unanimous (6-0); motion carried.

6. SITE PLAN REVIEW CONTINUANCE, TOWN OF SHELBURNE/VERMONT DEPT. OF FISH & WILDLIFE, PUBLIC ACCESS AREA, 1136 BAY ROAD (SP02-05) No one appeared on behalf of the application. MOTION by Kay Kraushaar, SECOND by Claude LaPierre, to continue the application until 1/23/02. 

VOTING: unanimous (6-0); motion carried.

7. OTHER BUSINESS and CORRESPONDENCE Decision Support System (DDS) Dean Pierce will reschedule the DDS presentation. Plan Update Process The Planning Commission received a time line on the Plan update. A community profile forum will be held. Foundation documents, such as the Open Space Plan, are being compiled. A grant may be received related to public trust lands. The Bike/Pedestrian Plan update is underway with a meeting scheduled 12/16/02. Shelburne Citizens for Responsible Growth and the Natural Resources Committee are having a data night on 1/13/03 to discuss demographic trends and update census data (forecasts and projections will be another session). UVM and Shelburne Farms are holding sessions in the spring on geology and natural resources, cultural environment and historical resources, and natural communities. These events will couple with the Place Program during Preservation Week. All the information from the forums supports the community profile. Deadline Extension Policies

MOTION by Reg Gignoux, SECOND by Hilda White, to adopt the Planning Commission Policy #1, a.k.a. The Preliminary Plan Deadline Extension Policy, and Planning Commission Policy #2, a.k.a. Final Plan Deadline Extension Policy, as drafted.

VOTING: unanimous (6-0); motion carried. Draft Capital Budget and Program The Planning Commission received a copy of the Capital Budget and Program. Dean Pierce highlighted areas of potential interest. The Commission will review the budget and provide feedback. Fred Schmidt commented on connection of the bike/pedestrian paths throughout the town. The Commission felt chip sealing on Pond Road should not be done, and there should be increased enforcement of the speed limit on area roads. Fence in Shover Subdivision The Commission confirmed the fence was not in lieu of the landscaping required for the subdivision approval. Elderly Housing Project on Route 7 Dean Pierce reported it appears the garages for the eight units of elderly housing are not being constructed per the site plans. The Planning Commission wanted to review the proposal. Administratively Handling Design Review Applications It was noted the zoning regulations would have to be changed to allow design review applications to be handled administratively.

8. ADJOURNMENT MOTION by Reg Gignoux, SECOND by Claude LaPierre, to adjourn the meeting.

VOTING: unanimous (6-0); motion carried. The meeting was adjourned at 10:15 p.m. Minutes respectfully submitted by M. Riordan, Recording Secretary. "To Do"List from 12/12/02 Planning Commission: 1. Dean Pierce will clarify the Town Engineer’s comments regarding the municipal storm system. 2. There was discussion of a 4’ wide paved pedestrian/bike path with rock shoulders to connect to Bayfield then Maple Leaf Lane and Route 7. Dean Pierce will get feedback from the Paths Committee on this matter. 3. Dean Pierce will reschedule the DDS presentation. 4. Re: the Elderly Housing Project on Route 7, Dean Pierce reported it appears the garages for the eight units of elderly housing are not being constructed per the site plans. The Planning Commission wanted to review the proposal.